Document o9Oyme54B7Oa0ODLOwzg1rgww

70942 DO Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Presidential Documents (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; OST-2025-1105 Page 00886 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0011736 Federal Register/ Vol. 86, No. 236 / Monday, December 13, 2021/ Presidential Documents 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 netzero 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 wellpaying 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, per- sonnel, 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. OST-2025-1105 Page 00887 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0011737