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

Federal Register, Volume 86 Issue 236 (Monday, December 13, 2021)

[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]

[[Page 70933]]

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

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 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

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 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:

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 (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