Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, 70935-70943 [2021-27114]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Presidential Documents]
[Pages 70935-70943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27114]



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Vol. 86

Monday,

No. 236

December 13, 2021

Part III





The President





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Executive Order 14057--Catalyzing Clean Energy Industries and Jobs 
Through Federal Sustainability


                        Presidential Documents 



Federal Register / Vol. 86 , No. 236 / Monday, December 13, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 70935]]

                Executive Order 14057 of December 8, 2021

                
Catalyzing Clean Energy Industries and Jobs 
                Through Federal Sustainability

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to reestablish the Federal 
                Government as a leader in sustainability, it is hereby 
                ordered as follows:

                Section 101. Policy. The Federal Government faces broad 
                exposure to the mounting risks and costs already posed 
                by the climate crisis. In responding to this crisis, we 
                have a once-in-a-generation economic opportunity to 
                create and sustain jobs, including well-paying union 
                jobs; support a just transition to a more sustainable 
                economy for American workers; strengthen America's 
                communities; protect public health; and advance 
                environmental justice. As the single largest land 
                owner, energy consumer, and employer in the Nation, the 
                Federal Government can catalyze private sector 
                investment and expand the economy and American industry 
                by transforming how we build, buy, and manage 
                electricity, vehicles, buildings, and other operations 
                to be clean and sustainable.

                We also must build on past progress and pursue new 
                strategies to improve the Nation's preparedness and 
                resilience to the effects of a changing climate, 
                including advancing the Federal Government's strategic 
                planning, governance, financial management, and 
                procurement to ensure climate resilient operations.

                It is therefore the policy of my Administration for the 
                Federal Government to lead by example in order to 
                achieve a carbon pollution-free electricity sector by 
                2035 and net-zero emissions economy-wide by no later 
                than 2050. Through a whole-of-government approach, we 
                will demonstrate how innovation and environmental 
                stewardship can protect our planet, safeguard Federal 
                investments against the effects of climate change, 
                respond to the needs of all of America's communities, 
                and expand American technologies, industries, and jobs.

                Sec. 102. Government-wide Goals. (a) Leading the Nation 
                on a firm path to net-zero emissions by 2050 and 
                achieving the policy set forth in section 101 of this 
                order will require bold action to transform Federal 
                procurement and operations and secure a transition to 
                clean, zero-emission technologies. Through a 
                coordinated whole-of-government approach, the Federal 
                Government shall use its scale and procurement power to 
                achieve:

(i) 100 percent carbon pollution-free electricity on a net annual basis by 
2030, including 50 percent 24/7 carbon pollution-free electricity, as 
defined in section 603(a) of this order;

(ii) 100 percent zero-emission vehicle acquisitions by 2035, including 100 
percent zero-emission light-duty vehicle acquisitions by 2027;

(iii) a net-zero emissions building portfolio by 2045, including a 50 
percent emissions reduction by 2032;

(iv) a 65 percent reduction in scope 1 and 2 greenhouse gas emissions, as 
defined by the Federal Greenhouse Gas Accounting and Reporting Guidance, 
from Federal operations by 2030 from 2008 levels;

(v) net-zero emissions from Federal procurement, including a Buy Clean 
policy to promote use of construction materials with lower embodied 
emissions;

[[Page 70936]]

(vi) climate resilient infrastructure and operations; and

(vii) a climate- and sustainability-focused Federal workforce.

                    (b) The actions and investment required to achieve 
                these goals will protect the environment, drive 
                innovation, spur private sector investment, improve 
                public infrastructure, and create new economic 
                opportunity. Pursuant to section 511 of this order, 
                agencies shall implement this order in accordance with 
                my Administration's policies to combat the climate 
                crisis; help American businesses compete in strategic 
                industries; create and sustain well-paying union jobs 
                that allow workers to thrive; maximize the use of 
                American goods, products, materials, and services; and 
                promote a secure, just, and equitable future for all 
                Americans.

                Sec. 201. Agency Goals and Targets. (a) In implementing 
                the policy set forth in section 101 of this order and 
                to support the achievement of the government-wide goals 
                of section 102 of this order, the head of each agency 
                shall propose targets, including annual progress 
                targets as applicable, to meet the requirements of 
                sections 202 through 206 of this order.

                    (b) The Chair of the Council on Environmental 
                Quality (CEQ) and the Director of the Office of 
                Management and Budget (OMB) shall review the targets, 
                and agencies shall incorporate such targets into the 
                performance management systems described under section 
                503 of this order, as appropriate.

                Sec. 202. Reducing Agency Greenhouse Gas Emissions. 
                Each agency shall reduce its scope 1, 2, and 3 
                greenhouse gas emissions, as defined by the Federal 
                Greenhouse Gas Accounting and Reporting Guidance, by 
                setting and meeting targets for fiscal year 2030 
                measured from a fiscal year 2008 baseline.

                Sec. 203. Transitioning to 100 Percent Carbon 
                Pollution-Free Electricity. Each agency shall increase 
                its percentage use of carbon pollution-free 
                electricity, so that it constitutes 100 percent of 
                facility electrical energy use on an annual basis, and 
                seek to match use on an hourly basis to achieve 50 
                percent 24/7 carbon pollution-free electricity, by 
                fiscal year 2030. In addition, agencies shall 
                facilitate new carbon pollution-free electricity 
                generation and energy storage capacity by authorizing 
                use of their real property assets, such as rooftops, 
                parking structures, and adjoining land, for the 
                development of new carbon pollution-free electricity 
                generation and energy storage through leases, grants, 
                permits, or other mechanisms, to the extent permitted 
                by law.

                Sec. 204. Transitioning to a Zero-Emission Fleet. Each 
                agency's light-duty vehicle acquisitions shall be zero-
                emission vehicles by the end of fiscal year 2027. Each 
                agency with a fleet comprising at least 20 vehicles 
                shall develop and annually update a zero-emission fleet 
                strategy that shall include optimizing fleet size and 
                composition; deploying zero-emission vehicle re-fueling 
                infrastructure; and maximizing acquisition and 
                deployment of zero-emission light-, medium-, and heavy-
                duty vehicles where the General Services Administration 
                (GSA) offers one or more zero-emission vehicle options 
                for that vehicle class.

                Sec. 205. Achieving Net-Zero Emissions Buildings, 
                Campuses, and Installations. (a) Each agency shall 
                achieve net-zero emissions across its portfolio of 
                buildings, campuses, and installations by 2045 and 
                reduce greenhouse gas emissions by 50 percent from 
                buildings, campuses, and installations by 2032 from 
                2008 levels, prioritizing improvement of energy 
                efficiency and the elimination of onsite fossil fuel 
                use.

                    (b) To prioritize reductions in scope 1 greenhouse 
                gas emissions, as defined by the Federal Greenhouse Gas 
                Accounting and Reporting Guidance, agencies should use 
                the Federal building performance standards issued 
                pursuant to section 510 of this order.
                    (c) To reduce scope 1 and 2 greenhouse gas 
                emissions, as defined by the Federal Greenhouse Gas 
                Accounting and Reporting Guidance, to achieve net-zero 
                emissions buildings, agencies shall:

[[Page 70937]]

(i) pursue building electrification strategies in conjunction with carbon 
pollution-free energy use, deep-energy retrofits, whole-building 
commissioning, energy and water conservation measures, and space reduction 
and consolidation;

(ii) design new construction and modernization projects greater than 25,000 
gross square feet to be net-zero emissions by 2030;

(iii) implement CEQ's Guiding Principles for Sustainable Federal Buildings 
in building design, construction, and operation of all new Federal 
buildings and renovated existing buildings; and

(iv) use performance contracting, in accordance with the provisions of 
section 1002 of the Energy Act of 2020 (Public Law 116-133, division Z), to 
improve efficiency and resilience of Federal facilities, deploy clean and 
innovative technologies, and reduce greenhouse gas emissions from building 
operations.

                Sec. 206. Increasing Energy and Water Efficiency. Each 
                agency shall increase facility energy efficiency and 
                water efficiency and shall establish targets for fiscal 
                year 2030 for agency-wide facility energy use intensity 
                and potable water use intensity, with consideration of 
                performance benchmarks for categories of building types 
                (e.g., hospitals, office buildings) and the composition 
                of the agency's building portfolio.

                Sec. 207. Reducing Waste and Pollution. Each agency 
                shall minimize waste, including the generation of 
                wastes requiring treatment and disposal; advance 
                pollution prevention; support markets for recycled 
                products; and promote a transition to a circular 
                economy, as defined in section 2 of the Save Our Seas 
                2.0 Act (Public Law 116-224), by annually diverting 
                from landfills at least 50 percent of non-hazardous 
                solid waste, including food and compostable material, 
                and construction and demolition waste and debris by 
                fiscal year 2025; and 75 percent by fiscal year 2030.

                Sec. 208. Sustainable Acquisition and Procurement. (a) 
                Agencies shall reduce emissions, promote environmental 
                stewardship, support resilient supply chains, drive 
                innovation, and incentivize markets for sustainable 
                products and services by prioritizing products that can 
                be reused, refurbished, or recycled; maximizing 
                environmental benefits and cost savings through use of 
                full lifecycle cost methodologies; purchasing products 
                that contain recycled content, are biobased, or are 
                energy and water efficient, in accordance with relevant 
                statutory requirements; and, to the maximum extent 
                practicable, purchasing sustainable products and 
                services identified or recommended by the Environmental 
                Protection Agency (EPA).

                    (b) The Chair of CEQ shall consider establishing 
                Federal food procurement policies to reduce associated 
                greenhouse gas emissions and drive sustainability in 
                the Federal food supply chain.

                Sec. 209. Adapting the Federal Government to the 
                Impacts of Climate Change. Consistent with its mission, 
                each agency shall:

                    (a) develop or revise polices and processes to 
                promote climate resilient investment that advances 
                adaptation to climate change and protects public health 
                and the environment;
                    (b) conduct climate adaptation analysis and 
                planning for climate-informed financial and management 
                decisions and program implementation;
                    (c) reform agency policies and funding programs 
                that are maladaptive to climate change and increase the 
                vulnerability of communities, natural or built systems, 
                economic sectors, and natural resources to climate 
                impacts, or related risks; and
                    (d) develop and enhance tools that assess climate 
                change impacts and support climate adaptation planning 
                and implementation.

                Sec. 301. Federal Supply Chain Sustainability. Federal 
                supply chains should support a Government and economy 
                that serves all Americans by creating and sustaining 
                well-paying union jobs, protecting public health, 
                advancing

[[Page 70938]]

                environmental justice, reducing greenhouse gas 
                emissions, and building resilience to climate change. 
                Consistent with applicable law, agencies shall pursue 
                procurement strategies to reduce contractor emissions 
                and embodied emissions in products acquired or used in 
                Federal projects.

                Sec. 302. Supplier Emissions Tracking. The 
                Administrator of GSA shall track disclosure of 
                greenhouse gas emissions, emissions reduction targets, 
                climate risk, and other sustainability-related actions 
                by major Federal suppliers, based on information and 
                data collected through supplier disclosure pursuant to 
                the requirements of section 5(b)(i) of Executive Order 
                14030 of May 20, 2021 (Climate-Related Financial Risk), 
                and shall assist the Chair of CEQ in assessing the 
                results of efforts to reduce Federal supply chain 
                emissions.

                Sec. 303. Buy Clean. The Buy Clean Task Force 
                established pursuant to section 508 of this order shall 
                provide recommendations to the Chair of CEQ and the 
                Director of OMB, through the Administrator of the 
                Office of Federal Procurement Policy, on policies and 
                procedures to expand consideration of embodied 
                emissions and pollutants of construction materials in 
                Federal procurement and federally funded projects, to 
                include:

                    (a) identifying and prioritizing pollutants and 
                materials, such as concrete and steel, to be covered 
                under a Buy Clean policy, taking into account the 
                availability of relevant data, including from 
                environmental product declarations, and consistency 
                with existing environmental reporting requirements;
                    (b) providing recommendations to increase 
                transparency of embodied emissions, including supplier 
                reporting; procedures for auditing environmental 
                product declarations and verifying accuracy of reported 
                emissions data; and recommendations for grants, loans, 
                technical assistance, or alternative mechanisms to 
                support domestic manufacturers in enhancing 
                capabilities to report and reduce embodied emissions in 
                priority materials they produce; and
                    (c) recommending pilot programs that incentivize 
                Federal procurement of construction materials with 
                lower embodied emissions.

                Sec. 401. Engaging, Educating, and Training the Federal 
                Workforce. Meeting the challenges of climate change and 
                achieving the goals of this order requires an 
                investment in the Federal Government's employees and a 
                workforce with the knowledge and skills to effectively 
                apply sustainability, climate adaptation, and 
                environmental stewardship across disciplines and 
                functions. Agencies shall foster a culture of 
                sustainability and climate action; build employees' 
                skills and knowledge through engagement, education, and 
                training; and incorporate environmental stewardship 
                values and, where appropriate, sustainability goals and 
                objectives into performance plans of executives, 
                managers, and staff. The Director of the Office of 
                Personnel Management (OPM), within 90 days of the date 
                of this order, shall prepare a report for the Chair of 
                CEQ that outlines opportunities for including or 
                expanding environmental sustainability and climate 
                adaptation training content in existing Federal 
                training programs, including OPM leadership training 
                programs, and strategies for incorporating 
                sustainability into performance plans. In developing 
                this report, the Director of OPM shall coordinate with 
                the Secretary of Energy, the Administrator of the EPA, 
                the Administrator of GSA, and, as appropriate, the 
                heads of other agencies, as well as Federal employee 
                unions.

                Sec. 402. Incorporating Environmental Justice. 
                Environmental justice can only be achieved by ensuring 
                that all those affected by agency operations enjoy the 
                same degree of protection from environmental and health 
                hazards. Accordingly, it is critical that the Federal 
                Government incorporate environmental justice 
                considerations into sustainability and climate 
                adaptation planning, programs, and operations. 
                Consistent with applicable law, agencies shall consider 
                incorporating recommendations of the Justice40 
                Initiative, required by section 223 of Executive Order 
                14008 of January 27, 2021 (Tackling the Climate Crisis 
                at Home and Abroad), on how Federal investments might 
                be made toward a goal that 40 percent of the overall 
                benefits

[[Page 70939]]

                flow to disadvantaged communities that have been 
                historically marginalized and overburdened by pollution 
                and underinvestment in housing, transportation, energy, 
                water, wastewater infrastructure, and health care, into 
                operational planning and decision-making regarding 
                Federal facilities, fleets, and operations. Agencies 
                shall address actions taken to advance environmental 
                justice as part of sustainable operations within the 
                annual Sustainability Plans and Climate Adaptation and 
                Resilience Plans required under section 503 of this 
                order.

                Sec. 403. Accelerating Progress Through Public, 
                Private, and Non-profit Sector Engagement. (a) Through 
                strong partnerships with the public, private, and non-
                profit sectors and labor unions and worker 
                organizations, we can more effectively catalyze the 
                growth of clean energy industries and jobs. The Federal 
                Chief Sustainability Officer, reestablished in section 
                501 of this order, and the heads of agencies shall seek 
                to engage with stakeholders and partners in achieving 
                the goals of this order.

                    (b) In coordination with the Chair of CEQ and the 
                heads of other agencies, as appropriate, the Director 
                of OPM shall facilitate establishment of a Presidential 
                Sustainability Executives Program to place senior 
                leaders from the private and non-profit sectors into 
                term-limited appointments to bring innovative 
                perspectives and expertise to Federal Government and 
                assist agencies in efforts related to climate action 
                and sustainability.

                Sec. 501. Establishment of the Office of the Federal 
                Chief Sustainability Officer. The Office of the Federal 
                Chief Sustainability Officer is reestablished within 
                CEQ. The EPA shall provide funding and administrative 
                support for the Office.

                    (a) The Office shall be headed by a Federal Chief 
                Sustainability Officer, who shall be appointed by the 
                President. The Federal Chief Sustainability Officer 
                shall lead the development of policies, programs, and 
                partnerships to achieve the policies set forth in this 
                order, advance sustainability and climate resilient 
                Federal operations, and ensure the Federal Government 
                leads by example in combating the climate crisis.
                    (b) The heads of all agencies shall cooperate with 
                the Federal Chief Sustainability Officer and provide 
                such information, support, and assistance as the 
                Federal Chief Sustainability Officer may request, as 
                appropriate and consistent with applicable law.

                Sec. 502. Designation and Duties of Agency Chief 
                Sustainability Officers. Within 30 days of the date of 
                this order or 30 days of an Agency Chief Sustainability 
                Officer leaving that position, heads of agencies shall 
                designate an Agency Chief Sustainability Officer, and 
                assign to the designated official the responsibility 
                for leading agency planning, implementation, and 
                related actions, to include establishment of internal 
                metrics and performance management systems, to achieve 
                the policy in section 101 and the goals set forth in 
                and targets established under sections 201-209 of this 
                order. Agency Chief Sustainability Officers shall 
                provide to the Director of OMB, the Chair of CEQ, and 
                the Federal Chief Sustainability Officer any 
                information and assistance necessary to implement this 
                order, consistent with applicable law.

                Sec. 503. Agency Planning and Performance Management. 
                (a) The heads of principal agencies shall develop and 
                implement annual Sustainability Plans, based on annual 
                guidance provided by CEQ, describing actions and 
                progress toward the goals and requirements of this 
                order.

                    (b) The heads of principal agencies shall develop, 
                implement, and update Climate Adaptation and Resilience 
                Plans that build on the agency's plan submitted 
                pursuant to section 211 of Executive Order 14008.
                    (c) The Chair of CEQ and the Director of OMB shall 
                conduct management reviews with each principal agency, 
                at least annually or more frequently as appropriate, to 
                assess implementation and progress on agency plans 
                developed pursuant to this order, the goals set forth 
                in this order, and targets established under this 
                order.

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                    (d) The heads of agencies other than principal 
                agencies are encouraged to develop, implement, or 
                update plans and participate in management reviews 
                under this section.

                Sec. 504. Duties of the Chair of the Council on 
                Environmental Quality. In coordination with the 
                Director of OMB, the Chair of CEQ shall:

                    (a) issue guidance, including the guidance required 
                by section 510(b) of this order, or revise existing 
                guidance, as necessary, for agency implementation of 
                this order,
                    (b) establish a Chief Sustainability Officer 
                Council that shall advise the Director of OMB and the 
                Chair of CEQ on the performance of agency 
                responsibilities under this order. The Federal Chief 
                Sustainability Officer shall chair the Council. Members 
                of the Council shall include those Agency Chief 
                Sustainability Officers invited by the Chair of CEQ, as 
                well as representatives designated by the heads of 
                other agencies at the invitation of CEQ, including 
                representatives from OMB, the Federal Energy Management 
                Program within the Department of Energy, the Office of 
                Federal High-Performance Green Buildings within GSA, 
                and a Federal expert on environmental justice.
                    (c) establish, as appropriate and consistent with 
                applicable law, committees, interagency groups, or task 
                forces to provide information, recommendations, and 
                assistance to CEQ and OMB in implementing this order.

                Sec. 505. Duties of the Director of OMB. The Director 
                of OMB shall coordinate with the Chair of CEQ on 
                implementation of the duties contained in section 504 
                of this order and, after consultation with the Chair of 
                CEQ and the National Climate Advisor, issue 
                instructions to the heads of agencies concerning 
                periodic performance evaluation of agency 
                implementation of this order and prepare scorecards 
                providing periodic evaluation of principal agency 
                performance in implementing this order.

                Sec. 506. Duties of the National Climate Advisor. The 
                National Climate Advisor shall monitor and evaluate 
                progress toward the government-wide goals set forth in 
                section 102 of this order in coordination with the 
                National Climate Task Force established pursuant to 
                section 203 of Executive Order 14008.

                Sec. 507. Duties of Heads of Agencies. (a) To ensure 
                successful implementation of the policy established in 
                section 101 of this order and the goals set forth in 
                section 102 of this order, the head of each agency 
                shall:

(i) develop an agency-wide strategic process that coordinates appropriate 
agency functions and programs to ensure that those functions and programs 
consider and address the goals of this order; and

(ii) issue or revise existing agency policies, directives, and guidance, as 
appropriate.

                    (b) To support a whole-of-government approach to 
                achieve the policy in section 101 of this order, 
                independent agencies are encouraged to implement the 
                policy, goals, and provisions of this order, consistent 
                with applicable law.

                Sec. 508. Establishment of Federal Leaders Working 
                Groups. The following Federal Leaders working groups 
                are hereby established, to be housed within CEQ: 100 
                Percent 24/7 Carbon Pollution-Free Electricity; Zero-
                Emission Vehicle Fleets; Net-Zero Emissions Buildings; 
                Net-Zero Emissions Procurement, including a Buy Clean 
                Task Force; and Climate Adaptation and Resilience. The 
                Chair of CEQ shall designate the chair or co-chairs for 
                each working group and provide guidance on their 
                membership and responsibilities. The working groups 
                shall provide semiannual reports to the National 
                Climate Task Force on actions, findings, and progress 
                toward government-wide goals.

                Sec. 509. Government-wide Support and Collaboration. 
                Achieving the government-wide goals of section 102 and 
                the agency goals of sections 201 through 209 of this 
                order requires transforming how we build, buy, and 
                manage across the Federal Government. To support a 
                whole-of-government approach:

[[Page 70941]]

                    (a) Consistent with applicable law, the Secretary 
                of Defense, the Secretary of Energy, and the 
                Administrator of GSA shall use the scale of the Federal 
                Government's electricity use to aggregate and 
                accelerate new carbon pollution-free electricity 
                generation capacity to meet Federal energy needs.
                    (b) The Secretary of Transportation and the 
                Administrator of GSA shall coordinate with States, 
                Tribes, and local governments to facilitate wider 
                adoption of zero-emission vehicles and, where 
                appropriate, use the Federal Government's acquisition 
                programs for non-Federal Government purchasers.
                    (c) In coordination with the Chair of CEQ and the 
                Director of OMB, the Secretary of Energy shall provide 
                tools and technical support to agencies to develop 
                targets for greenhouse gas emissions, zero-emission 
                vehicle fleets, energy, and water required under 
                section 201 of this order; and shall collect, analyze, 
                and report agency data for the purposes of monitoring 
                and evaluating performance toward the goals of this 
                order.

                Sec. 510. Additional Guidance and Instructions for 
                Agencies. (a) The Director of OMB, in coordination with 
                the Chair of CEQ and the National Climate Advisor, 
                shall issue a memorandum for agencies that provides 
                direction on immediate actions and further requirements 
                to meet the policies and goals of this order.

                    (b) To assist agencies in complying with this 
                order, the Chair of CEQ, in consultation with the 
                Director of OMB, shall:

(i) within 120 days of the date of this order, issue and, as needed, update 
implementing guidance for agencies that provide directions, strategies, and 
recommended actions to meet the policies and goals of this order;

(ii) issue building performance standards to support achievement of net-
zero emissions in the Federal building portfolio under section 205 of this 
order; and

(iii) consider issuing guidance for agencies to promote sustainable 
locations for Federal facilities and strengthen the vitality and livability 
of the communities in which Federal facilities are located.

                Sec. 511. Coordination of Administration Priorities. 
                The heads of agencies shall implement this order 
                consistent with my Administration's policies to spur 
                growth of domestic industry and well-paying union jobs, 
                address the climate crisis, and deliver equity and 
                environmental justice. These policies include those 
                contained in Executive Order 13990 of January 20, 2021 
                (Protecting Public Health and the Environment and 
                Restoring Science To Tackle the Climate Crisis), 
                Executive Order 14008, and Executive Order 14030, which 
                have placed our public health, the environment, and the 
                climate crisis at the forefront of national policy and 
                planning, along with environmental justice, expanding 
                the economy, and the creation of the well-paying union 
                jobs critical to delivering on those goals; Executive 
                Order 14005 of January 25, 2021 (Ensuring the Future Is 
                Made in All of America by All of America's Workers), 
                which establishes that Federal agencies shall maximize 
                the use of goods, products, and materials that are made 
                in America; Executive Order 13985 of January 20, 2021 
                (Advancing Racial Equity and Support for Underserved 
                Communities Through the Federal Government), which 
                directs action with the goal of making Government 
                contracting and procurement opportunities available on 
                an equal basis; and Executive Order 14017 of February 
                24, 2021 (America's Supply Chains), which establishes 
                the policy to strengthen the resilience of America's 
                supply chains to fight climate change, create well-
                paying jobs, and secure our economic prosperity and 
                national security.

                Sec. 601. Limitations. (a) This order applies to an 
                agency's activities, personnel, resources, and 
                facilities located within the United States. The head 
                of an agency may apply this order, in whole or in part, 
                to the activities, personnel, resources, and facilities 
                of the agency located outside the United States if the 
                head of the agency determines that such application is 
                in the interest of the United States.

[[Page 70942]]

                    (b) To the extent the head of an agency does not 
                apply this order to activities, personnel, resources, 
                and facilities outside of the United States, the head 
                of the agency shall manage, to the extent practicable, 
                such activities, personnel, resources, and facilities 
                in a manner consistent with the policy set forth in 
                section 101 of this order.

                Sec. 602. Exemption Authority. (a) The head of an 
                agency may exempt particular agency activities and 
                related personnel, resources, and facilities from the 
                provisions of this order when it is in the interest of 
                national security, to protect intelligence sources and 
                methods from unauthorized disclosure, or where 
                necessary to protect undercover law enforcement 
                operations from unauthorized disclosure. If the head of 
                an agency issues an exemption under this section, the 
                agency shall notify the Chair of CEQ in writing within 
                30 days of issuance of the exemption under this 
                section. To the maximum extent practicable and without 
                compromising national security, each agency shall 
                strive to comply with the purposes, goals, and 
                implementation steps in this order.

                    (b) The head of an agency may exempt from the 
                provisions of this order any vehicle, vessel, aircraft, 
                or non-road equipment that is used in combat support, 
                combat service support, military tactical or relief 
                operations, or training for such operations or 
                spaceflight vehicles, including associated ground-
                support equipment.
                    (c) The head of an agency may submit to the 
                President, through the Chair of CEQ, a request for an 
                exemption of an agency activity and related personnel, 
                resources, and facilities from this order for any 
                reason not otherwise addressed by subsections (a) and 
                (b) of this section.

                Sec. 603. Definitions. As used in this order:

                    (a) ``24/7 carbon pollution-free electricity'' 
                means carbon pollution-free electricity procured to 
                match actual electricity consumption on an hourly basis 
                and produced within the same regional grid where the 
                energy is consumed;
                    (b) ``Agency'' means an executive agency as defined 
                in section 105 of title 5, United States Code, 
                excluding the Government Accountability Office and 
                independent regulatory agencies, as defined in 44 
                U.S.C. 3502(5);
                    (c) ``Buy clean'' means a policy to promote 
                purchase of construction materials with lower embodied 
                emissions, taking into account the life-cycle emissions 
                associated with the production of those materials;
                    (d) ``Carbon pollution-free electricity'' means 
                electrical energy produced from resources that generate 
                no carbon emissions, including marine energy, solar, 
                wind, hydrokinetic (including tidal, wave, current, and 
                thermal), geothermal, hydroelectric, nuclear, renewably 
                sourced hydrogen, and electrical energy generation from 
                fossil resources to the extent there is active capture 
                and storage of carbon dioxide emissions that meets EPA 
                requirements;
                    (e) ``Embodied emissions'' means the quantity of 
                emissions, accounting for all stages of production 
                including upstream processing and extraction of fuels 
                and feedstocks, emitted to the atmosphere due to the 
                production of a product per unit of such product;
                    (f) ``Federal Leaders working group'' means a 
                working group, composed of Deputy Secretaries or 
                equivalents, that provides recommendations to the 
                Federal Chief Sustainability Officer and National 
                Climate Task Force on implementation and reports on 
                actions and progress toward the goals of this order;
                    (g) ``National Climate Task Force'' means the 
                National Climate Task Force established pursuant to 
                section 203 of Executive Order 14008;
                    (h) ``Principal agencies'' means the Departments of 
                State, the Treasury, Defense (including the United 
                States Army Corps of Engineers), Justice, the Interior, 
                Agriculture, Commerce, Labor, Health and Human 
                Services, Housing and Urban Development, 
                Transportation, Energy, Education, Veterans Affairs, 
                and Homeland Security; the Environmental Protection 
                Agency;

[[Page 70943]]

                the Small Business Administration; the Social Security 
                Administration; the National Aeronautics and Space 
                Administration; the Office of Personnel Management; the 
                General Services Administration; and the National 
                Archives and Records Administration.

                Sec. 604. Revocation. Executive Order 13834 of May 17, 
                2018 (Efficient Federal Operations), is revoked.

                Sec. 605. Determination. Pursuant to section 742(b) of 
                Public Law 111-117, I have determined that this order 
                will achieve equal or better environmental or energy 
                efficiency results than Executive Order 13423 of 
                January 24, 2007 (Strengthening Federal Environmental, 
                Energy, and Transportation Management).

                Sec. 606. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 8, 2021.

[FR Doc. 2021-27114
Filed 12-10-21; 11:15 am]
Billing code 3395-F2-P