
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6961]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
                 SUBCHAPTER VI--FEDERAL RESPONSIBILITIES
 
Sec. 6961. Application of Federal, State, and local law to 
        Federal facilities
        

(a) In general

    Each department, agency, and instrumentality of the executive, 
legislative, and judicial branches of the Federal Government (1) having 
jurisdiction over any solid waste management facility or disposal site, 
or (2) engaged in any activity resulting, or which may result, in the 
disposal or management of solid waste or hazardous waste shall be 
subject to, and comply with, all Federal, State, interstate, and local 
requirements, both substantive and procedural (including any requirement 
for permits or reporting or any provisions for injunctive relief and 
such sanctions as may be imposed by a court to enforce such relief), 
respecting control and abatement of solid waste or hazardous waste 
disposal and management in the same manner, and to the same extent, as 
any person is subject to such requirements, including the payment of 
reasonable service charges. The Federal, State, interstate, and local 
substantive and procedural requirements referred to in this subsection 
include, but are not limited to, all administrative orders and all civil 
and administrative penalties and fines, regardless of whether such 
penalties or fines are punitive or coercive in nature or are imposed for 
isolated, intermittent, or continuing violations. The United States 
hereby expressly waives any immunity otherwise applicable to the United 
States with respect to any such substantive or procedural requirement 
(including, but not limited to, any injunctive relief, administrative 
order or civil or administrative penalty or fine referred to in the 
preceding sentence, or reasonable service charge). The reasonable 
service charges referred to in this subsection include, but are not 
limited to, fees or charges assessed in connection with the processing 
and issuance of permits, renewal of permits, amendments to permits, 
review of plans, studies, and other documents, and inspection and 
monitoring of facilities, as well as any other nondiscriminatory charges 
that are assessed in connection with a Federal, State, interstate, or 
local solid waste or hazardous waste regulatory program. Neither the 
United States, nor any agent, employee, or officer thereof, shall be 
immune or exempt from any process or sanction of any State or Federal 
Court with respect to the enforcement of any such injunctive relief. No 
agent, employee, or officer of the United States shall be personally 
liable for any civil penalty under any Federal, State, interstate, or 
local solid or hazardous waste law with respect to any act or omission 
within the scope of the official duties of the agent, employee, or 
officer. An agent, employee, or officer of the United States shall be 
subject to any criminal sanction (including, but not limited to, any 
fine or imprisonment) under any Federal or State solid or hazardous 
waste law, but no department, agency, or instrumentality of the 
executive, legislative, or judicial branch of the Federal Government 
shall be subject to any such sanction. The President may exempt any 
solid waste management facility of any department, agency, or 
instrumentality in the executive branch from compliance with such a 
requirement if he determines it to be in the paramount interest of the 
United States to do so. No such exemption shall be granted due to lack 
of appropriation unless the President shall have specifically requested 
such appropriation as a part of the budgetary process and the Congress 
shall have failed to make available such requested appropriation. Any 
exemption shall be for a period not in excess of one year, but 
additional exemptions may be granted for periods not to exceed one year 
upon the President's making a new determination. The President shall 
report each January to the Congress all exemptions from the requirements 
of this section granted during the preceding calendar year, together 
with his reason for granting each such exemption.

(b) Administrative enforcement actions

    (1) The Administrator may commence an administrative enforcement 
action against any department, agency, or instrumentality of the 
executive, legislative, or judicial branch of the Federal Government 
pursuant to the enforcement authorities contained in this chapter. The 
Administrator shall initiate an administrative enforcement action 
against such a department, agency, or instrumentality in the same manner 
and under the same circumstances as an action would be initiated against 
another person. Any voluntary resolution or settlement of such an action 
shall be set forth in a consent order.
    (2) No administrative order issued to such a department, agency, or 
instrumentality shall become final until such department, agency, or 
instrumentality has had the opportunity to confer with the 
Administrator.

(c) Limitation on State use of funds collected from Federal Government

    Unless a State law in effect on October 6, 1992, or a State 
constitution requires the funds to be used in a different manner, all 
funds collected by a State from the Federal Government from penalties 
and fines imposed for violation of any substantive or procedural 
requirement referred to in subsection (a) of this section shall be used 
by the State only for projects designed to improve or protect the 
environment or to defray the costs of environmental protection or 
enforcement.

(Pub. L. 89-272, title II, Sec. 6001, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2821; amended Pub. L. 95-609, Sec. 7(m), Nov. 8, 
1978, 92 Stat. 3082; Pub. L. 102-386, title I, Sec. 102(a), (b), Oct. 6, 
1992, 106 Stat. 1505, 1506.)


                               Amendments

    1992--Pub. L. 102-386 designated existing provisions as subsec. (a), 
inserted heading, inserted in first sentence ``and management'' before 
``in the same manner'', inserted second to fourth, sixth, and seventh 
sentences specifying Federal, State, interstate, and local substantive 
and procedural requirements, waiving sovereign immunity, determining 
reasonable service charges, and providing no agent, employee, or officer 
of the United States be personally liable for a civil penalty for an act 
or omission within the scope of official duties but be subject to 
criminal sanction, with no department, agency, or instrumentality of the 
executive, legislative, or judicial branch subject to such sanction, and 
added subsecs. (b) and (c).
    1978--Pub. L. 95-609 inserted ``or management'' after ``disposal'' 
in cl. (2).


                    Effective Date of 1992 Amendment

    Section 102(c) of Pub. L. 102-386 provided that:
    ``(1) In general.--Except as otherwise provided in paragraphs (2) 
and (3), the amendments made by subsection (a) [amending this section] 
shall take effect upon the date of the enactment of this Act [Oct. 6, 
1992].
    ``(2) Delayed effective date for certain mixed waste.--Until the 
date that is 3 years after the date of the enactment of this Act, the 
waiver of sovereign immunity contained in section 6001(a) of the Solid 
Waste Disposal Act [subsec. (a) of this section] with respect to civil, 
criminal, and administrative penalties and fines (as added by the 
amendments made by subsection (a)) shall not apply to departments, 
agencies, and instrumentalities of the executive branch of the Federal 
Government for violations of section 3004(j) of the Solid Waste Disposal 
Act [42 U.S.C. 6924(j)] involving storage of mixed waste that is not 
subject to an existing agreement, permit, or administrative or judicial 
order, so long as such waste is managed in compliance with all other 
applicable requirements.
    ``(3) Effective date for certain mixed waste.--(A) Except as 
provided in subparagraph (B), after the date that is 3 years after the 
date of the enactment of this Act, the waiver of sovereign immunity 
contained in section 6001(a) of the Solid Waste Disposal Act with 
respect to civil, criminal, and administrative penalties and fines (as 
added by the amendments made by subsection (a)) shall apply to 
departments, agencies, and instrumentalities of the executive branch of 
the Federal Government for violations of section 3004(j) of the Solid 
Waste Disposal Act involving storage of mixed waste.
    ``(B) With respect to the Department of Energy, the waiver of 
sovereign immunity referred to in subparagraph (A) shall not apply after 
the date that is 3 years after the date of the enactment of this Act for 
violations of section 3004(j) of such Act involving storage of mixed 
waste, so long as the Department of Energy is in compliance with both--
        ``(i) a plan that has been submitted and approved pursuant to 
    section 3021(b) of the Solid Waste Disposal Act [42 U.S.C. 6939c(b)] 
    and which is in effect; and
        ``(ii) an order requiring compliance with such plan which has 
    been issued pursuant to such section 3021(b) and which is in effect.
    ``(4) Application of waiver to agreements and orders.--The waiver of 
sovereign immunity contained in section 6001(a) of the Solid Waste 
Disposal Act (as added by the amendments made by subsection (a)) shall 
take effect on the date of the enactment of this Act with respect to any 
agreement, permit, or administrative or judicial order existing on such 
date of enactment (and any subsequent modifications to such an 
agreement, permit, or order), including, without limitation, any 
provision of an agreement, permit, or order that addresses compliance 
with section 3004(j) of such Act with respect to mixed waste.
    ``(5) Agreement or order.--Except as provided in paragraph (4), 
nothing in this Act [see Short Title of 1992 Amendment note set out 
under section 6901 of this title] shall be construed to alter, modify, 
or change in any manner any agreement, permit, or administrative or 
judicial order, including, without limitation, any provision of an 
agreement, permit, or order--
        ``(i) that addresses compliance with section 3004(j) of the 
    Solid Waste Disposal Act with respect to mixed waste;
        ``(ii) that is in effect on the date of enactment of this Act; 
    and
        ``(iii) to which a department, agency, or instrumentality of the 
    executive branch of the Federal Government is a party.''

                        Executive Order No. 12780

    Ex. Ord. No. 12780, Oct. 31, 1991, 56 F.R. 56289, which required 
Federal agencies to promote cost-effective waste reduction and recycling 
of reusable materials and established a Council on Federal Recycling and 
Procurement Policy, was revoked by Ex. Ord. No. 12873, Sec. 901, Oct. 
20, 1993, 58 F.R. 54911, formerly set out below.

                        Executive Order No. 12873

    Ex. Ord. No. 12873, Oct. 20, 1993, 58 F.R. 54911, as amended by Ex. 
Ord. No. 12995, Mar. 25, 1996, 61 F.R. 13645, which directed Executive 
agencies to incorporate waste prevention and recycling in daily 
operations and work and to acquire and use environmentally preferable 
products and services and which created a Federal Environmental 
Executive and established high-level Environmental Executive positions 
within each agency, was revoked by Ex. Ord. No. 13101, Sec. 901, Sept. 
14, 1998, 63 F.R. 49651, set out below.

 Ex. Ord. No. 13101. Greening the Government Through Waste Prevention, 
                   Recycling, and Federal Acquisition

    Ex. Ord. No. 13101, Sept. 14, 1998, 63 F.R. 49643, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Solid Waste 
Disposal Act, Public Law 89-272, 79 Stat. 997, as amended by the 
Resource Conservation and Recovery Act (RCRA), Public Law 94-580, 90 
Stat. 2795, as amended (42 U.S.C. 6901-6907), section 301 of title 3, 
United States Code, and in order to improve the Federal Government's use 
of recycled products and environmentally preferable products and 
services, it is hereby ordered as follows:

                        PART 1--PREAMBLE

    Section 101. Consistent with the demands of efficiency and cost 
effectiveness, the head of each executive agency shall incorporate waste 
prevention and recycling in the agency's daily operations and work to 
increase and expand markets for recovered materials through greater 
Federal Government preference and demand for such products. It is the 
national policy to prefer pollution prevention, whenever feasible. 
Pollution that cannot be prevented should be recycled; pollution that 
cannot be prevented or recycled should be treated in an environmentally 
safe manner. Disposal should be employed only as a last resort.
    Sec. 102. Consistent with policies established by the Office of 
Federal Procurement Policy (OFPP) Policy Letter 92-4, agencies shall 
comply with executive branch policies for the acquisition and use of 
environmentally preferable products and services and implement cost-
effective procurement preference programs favoring the purchase of these 
products and services.
    Sec. 103. This order creates a Steering Committee, a Federal 
Environmental Executive (FEE), and a Task Force, and establishes Agency 
Environmental Executive (AEE) positions within each agency, to be 
responsible for ensuring the implementation of this order. The FEE, 
AEEs, and members of the Steering Committee and Task Force shall be 
full-time Federal Government employees.

                       PART 2--DEFINITIONS

    For purposes of this order:
    Sec. 201. ``Environmentally preferable'' means products or services 
that have a lesser or reduced effect on human health and the environment 
when compared with competing products or services that serve the same 
purpose. This comparison may consider raw materials acquisition, 
production, manufacturing, packaging, distribution, reuse, operation, 
maintenance, or disposal of the product or service.
    Sec. 202. ``Executive agency'' or ``agency'' means an executive 
agency as defined in 5 U.S.C. 105. For the purpose of this order, 
military departments, as defined in 5 U.S.C. 102, are covered under the 
auspices of the Department of Defense.
    Sec. 203. ``Postconsumer material'' means a material or finished 
product that has served its intended use and has been discarded for 
disposal or recovery, having completed its life as a consumer item. 
``Postconsumer material'' is a part of the broader category of 
``recovered material.''
    Sec. 204. ``Acquisition'' means the acquiring by contract with 
appropriated funds for supplies or services (including construction) by 
and for the use of the Federal Government through purchase or lease, 
whether the supplies or services are already in existence or must be 
created, developed, demonstrated, and evaluated. Acquisition begins at 
the point when agency needs are established and includes the description 
of requirements to satisfy agency needs, solicitation and selection of 
sources, award of contracts, contract financing, contract performance, 
contract administration, and those technical and management functions 
directly related to the process of fulfilling agency needs by contract.
    Sec. 205. ``Recovered materials'' means waste materials and by-
products that have been recovered or diverted from solid waste, but such 
term does not include those materials and by-products generated from, 
and commonly reused within, an original manufacturing process (42 U.S.C. 
6903(19)).
    Sec. 206. ``Recyclability'' means the ability of a product or 
material to be recovered from, or otherwise diverted from, the solid 
waste stream for the purpose of recycling.
    Sec. 207. ``Recycling'' means the series of activities, including 
collection, separation, and processing, by which products or other 
materials are recovered from the solid waste stream for use in the form 
of raw materials in the manufacture of new products other than fuel for 
producing heat or power by combustion.
    Sec. 208. ``Waste prevention'' means any change in the design, 
manufacturing, purchase, or use of materials or products (including 
packaging) to reduce their amount or toxicity before they are discarded. 
Waste prevention also refers to the reuse of products or materials.
    Sec. 209. ``Waste reduction'' means preventing or decreasing the 
amount of waste being generated through waste prevention, recycling, or 
purchasing recycled and environmentally preferable products.
    Sec. 210. ``Life cycle cost'' means the amortized annual cost of a 
product, including capital costs, installation costs, operating costs, 
maintenance costs, and disposal costs discounted over the lifetime of 
the product.
    Sec. 211. ``Life cycle assessment'' means the comprehensive 
examination of a product's environmental and economic aspects and 
potential impacts throughout its lifetime, including raw material 
extraction, transportation, manufacturing, use, and disposal.
    Sec. 212. ``Pollution prevention'' means ``source reduction'' as 
defined in the Pollution Prevention Act of 1990 (42 U.S.C. 13102), and 
other practices that reduce or eliminate the creation of pollutants 
through: (a) increased efficiency in the use of raw materials, energy, 
water, or other resources; or (b) protection of natural resources by 
conservation.
    Sec. 213. ``Biobased product'' means a commercial or industrial 
product (other than food or feed) that utilizes biological products or 
renewable domestic agricultural (plant, animal, and marine) or forestry 
materials.
    Sec. 214. ``Major procuring agencies'' shall include any executive 
agency that procures over $50 million per year of goods and services.

PART 3--THE ROLES AND DUTIES OF THE STEERING COMMITTEE, FEDERAL 
 ENVIRONMENTAL EXECUTIVE, TASK FORCE, AND AGENCY ENVIRONMENTAL 
                           EXECUTIVES

    Sec. 301. Committees, Executives, and Task Force. (a) Steering 
Committee. There is hereby established a Steering Committee on Greening 
the Government through Waste Prevention and Recycling (``Steering 
Committee''). The Steering Committee shall be composed of the Chair of 
the Council on Environmental Quality (CEQ), the Federal Environmental 
Executive (FEE), and the Administrator for Federal Procurement Policy 
(OFPP). The Steering Committee, which shall be chaired by the Chair of 
the CEQ, is directed to charter a Task Force to facilitate 
implementation of this order, and shall provide the Task Force with 
policy direction in such implementation.
    (b) Federal Environmental Executive. A Federal Environmental 
Executive, Environmental Protection Agency, shall be designated by the 
President. The FEE shall chair the Task Force described in subsection 
(c), take all actions necessary to ensure that the agencies comply with 
the requirements of this order, and generate a biennial report to the 
President.
    (c) Task Force. The Steering Committee shall charter a Task Force on 
Greening the Government through Waste Prevention and Recycling (``Task 
Force''), which shall be chaired by the FEE and composed of staff from 
the major procuring agencies. The Steering Committee, in consultation 
with the agencies, shall determine the necessary staffing and resources 
for the Task Force. The major procuring agencies shall provide, to the 
extent practicable and permitted by law, resources and support to the 
Task Force and the FEE, upon request from the Steering Committee. The 
Task Force shall have the duty of assisting the FEE and the agencies in 
implementing this order, subject to policy direction provided by the 
Steering Committee. The Task Force shall report through the FEE to the 
Chair of the Steering Committee.
    (d) Agency Environmental Executives (AEEs). Within 90 days after the 
date of this order, the head of each major procuring agency shall 
designate an AEE from among his or her staff, who serves at a level no 
lower than the Assistant Secretary level or equivalent, and shall notify 
the Chair of CEQ and the FEE of such designation.
    Sec. 302. Duties. (a) The Federal Environmental Executive. The FEE, 
working through the Task Force, and in consultation with the AEEs, 
shall:
    (1) Develop a Government-wide Waste Prevention and Recycling 
Strategic Plan (``Strategic Plan'') to further implement this order. The 
Strategic Plan should be initially developed within 180 days of the date 
of this order and revised as necessary thereafter. The Strategic Plan 
should include, but is not limited to, the following elements:
    (a) direction and initiatives for acquisition of recycled and 
recyclable products and environmentally preferable products and 
services;
    (b) development of affirmative procurement programs;
    (c) review and revision of standards and product specifications;
    (d) assessment and evaluation of compliance;
    (e) reporting requirements;
    (f) outreach programs to promote adoption of practices endorsed in 
this order; and
    (g) development and implementation of new technologies that are of 
environmental significance.
    (2) Prepare a biennial report to the President on the actions taken 
by the agencies to comply with this order. The report also may 
incorporate information from existing agency reports regarding 
Government-wide progress in implementing the following Executive Orders: 
12843, Procurement Requirements and Policies for Federal Agencies for 
Ozone Depleting Substances [42 U.S.C. 7671l note]; 13031, Federal 
Alternative Fueled Vehicle Leadership [42 U.S.C. 13212 note]; 12845, 
Requiring Agencies to Purchase Energy Efficient Computer Equipment [42 
U.S.C. 8262g note]; 12856, Federal Compliance with Right-to-Know Laws 
and Pollution Prevention Requirements [42 U.S.C. 11001 note]; 12902, 
Energy Efficiency and Water Conservation at Federal Facilities [42 
U.S.C. 6201 note]; and 12969, Federal Acquisition and Community Right-
to-Know [41 U.S.C. 401 note].
    (3) In coordination with the Office of Federal Procurement Policy, 
the Environmental Protection Agency (EPA), the General Services 
Administration (GSA), and the Department of Agriculture (USDA), convene 
a group of acquisition/procurement managers and environmental State, and 
local government managers to work with State and local governments to 
improve the Federal, State, and local governments' use of recycled 
products and environmentally preferable products and services.
    (4) Coordinate appropriate Government-wide education and training 
programs for agencies.
    (5) Establish committees and work groups, as needed, to identify, 
assess, and recommend actions to be taken to fulfill the goals, 
responsibilities, and initiatives of the FEE. As these committees and 
work groups are created, agencies are requested to designate appropriate 
personnel in the areas of procurement and acquisition, standards and 
specifications, electronic commerce, facilities management, pollution 
prevention, waste prevention, recycling, and others as needed to staff 
and work on these initiatives. An initial group shall be established to 
develop recommendations for tracking and reporting requirements, taking 
into account the costs and benefits of such tracking and reporting. The 
Steering Committee shall consult with the AEEs before approving these 
recommendations.
    (b) Agency Environmental Executives. The AEEs shall:
    (1) translate the Government-wide Strategic Plan into specific 
agency and service plans;
    (2) implement the specific agency and service plans;
    (3) report to the FEE on the progress of plan implementation;
    (4) work with the FEE and the Task Force in furthering 
implementation of this order; and
    (5) track agencies' purchases of EPA-designated guideline items and 
report agencies' purchases of such guideline items to the FEE per the 
recommendations developed in subsection 302(a)(5) of this order. Agency 
acquisition and procurement personnel shall justify in writing to the 
file and to the AEE the rationale for not purchasing such items, above 
the micropurchase threshold (as set out in the Office of Federal 
Procurement Policy Act at 41 U.S.C. 428), and submit a plan and 
timetable for increasing agency purchases of the designated item(s).
    (6) one year after a product is placed on the USDA Biobased Products 
List, estimate agencies' purchases of products on the list and report 
agencies' estimated purchases of such products to the Secretary of 
Agriculture.

PART 4--ACQUISITION PLANNING, AFFIRMATIVE PROCUREMENT PROGRAMS, 
                 AND FEDERAL FACILITY COMPLIANCE

    Sec. 401. Acquisition Planning. In developing plans, drawings, work 
statements, specifications, or other product descriptions, agencies 
shall consider, as appropriate, a broad range of factors including: 
elimination of virgin material requirements; use of biobased products; 
use of recovered materials; reuse of product; life cycle cost; 
recyclability; use of environmentally preferable products; waste 
prevention (including toxicity reduction or elimination); and ultimate 
disposal. These factors should be considered in acquisition planning for 
all procurement and in the evaluation and award of contracts, as 
appropriate. Program and acquisition managers should take an active role 
in these activities.
    Sec. 402. Affirmative Procurement Programs. (a) The head of each 
executive agency shall develop and implement affirmative procurement 
programs in accordance with section 6002 of RCRA (42 U.S.C. 6962) and 
this order and consider use of the procurement tools and methods 
described in 7 U.S.C. 5909. Agencies shall ensure that responsibilities 
for preparation, implementation, and monitoring of affirmative 
procurement programs are shared between the program personnel and 
acquisition and procurement personnel. For the purposes of all purchases 
made pursuant to this order, EPA, in consultation with such other 
executive agencies as appropriate, shall endeavor to maximize 
environmental benefits, consistent with price, performance, and 
availability considerations, and constraints imposed by law, and shall 
adjust solicitation guidelines as necessary in order to accomplish this 
goal.
    (b) Agencies shall establish affirmative procurement programs for 
all EPA-designated guideline items purchased by their agency. For newly 
designated items, agencies shall revise their internal programs within 1 
year from the date the EPA designated the new items.
    (c) Exclusive of the biobased products described in section 504, for 
the EPA-designated guideline items, which are contained in 40 CFR part 
247, and for all future designated guideline items, agencies shall 
ensure that their affirmative procurement programs require 100 percent 
of their purchases of products to meet or exceed the EPA guideline 
unless written justification is provided that a product is not available 
competitively within a reasonable time frame, does not meet appropriate 
performance standards, or is only available at an unreasonable price. 
Written justification is not required for purchases below the 
micropurchase threshold. For micropurchases, agencies shall provide 
guidance regarding purchase of EPA-designated guideline items. This 
guidance should encourage consideration of aggregating purchases when 
this method would promote economy and efficiency.
    (d) Within 90 days after the date of this order, the head of each 
executive agency that has not implemented an affirmative procurement 
program shall ensure that the affirmative procurement program has been 
established and is being implemented to the maximum extent practicable.
    Sec. 403. Federal Facility Compliance. (a) Within 6 months of the 
date of this order, the Administrator of the EPA shall, in consultation 
with the Federal Environmental Executive, prepare guidance for use in 
determining Federal facility compliance with section 6002 of RCRA [42 
U.S.C. 6962] and the related requirements of this order.
    (b) EPA inspections of Federal facilities conducted pursuant to RCRA 
and the Federal Facility Compliance Act [of 1992] [see Short Title of 
1992 Amendment note set out under section 6901 of this title] and EPA 
``multi-media'' inspections carried out at Federal facilities will 
include, where appropriate, evaluation of facility compliance with 
section 6002 of RCRA and any implementing guidance.
    (c) Where inspections of Federal facilities are carried out by 
authorized States pursuant to RCRA and the Federal Facility Compliance 
Act, the Administrator of the EPA will encourage those States to include 
evaluation of facility compliance with section 6002 of RCRA in light of 
EPA guidance prepared pursuant to subsection (a), where appropriate, 
similar to inspections performed by the EPA. The EPA may provide 
information and technical assistance to the States to enable them to 
include such considerations in their inspection.
    (d) The EPA shall report annually to the Federal Environmental 
Executive on the results of inspections performed by the EPA to 
determine Federal facility compliance with section 6002 of RCRA not 
later than February 1st for those inspections conducted during the 
previous fiscal year.

   PART 5--STANDARDS, SPECIFICATIONS, AND DESIGNATION OF ITEMS

    Sec. 501. Specifications, Product Descriptions, and Standards. When 
developing, reviewing, or revising Federal and military specifications, 
product descriptions (including commercial item descriptions), and 
standards, executive agencies shall consider recovered materials and any 
environmentally preferable purchasing criteria developed by the EPA, and 
ensure the criteria are complied with in developing or revising 
standards. Agencies shall report annually to the FEE on their compliance 
with this section for incorporation into the biennial report to the 
President referred to in section 302(a)(2) of this order. (a) If an 
inconsistency with section 6002 of RCRA [42 U.S.C. 6962] or this order 
is identified in a specification, standard, or product description, the 
FEE shall request that the Environmental Executive of the pertinent 
agency advise the FEE as to why the specification cannot be revised or 
submit a plan for revising it within 60 days.
    (b) If an agency is able to revise an inconsistent specification but 
cannot do so within 60 days, it is the responsibility of that AEE to 
monitor and implement the plan for revising it.
    Sec. 502. Designation of Items that Contain Recovered Materials. In 
order to expedite the process of designating items that are or can be 
made with recovered materials, the EPA shall use the following process 
for designating these items in accordance with section 6002(e) of RCRA. 
(a) The EPA shall designate items that are or can be made with recovered 
material, by promulgating amendments to the Comprehensive Procurement 
Guideline (CPG). The CPG shall be updated every 2 years or as 
appropriate after an opportunity for public comment.
    (b) Concurrent with the issuance of the CPG, the EPA shall publish 
for comment in the Federal Register Recovered Materials Advisory Notices 
that present the range of recovered materials content levels within 
which the designated items are currently available. These levels shall 
be updated periodically, after opportunity for public comment, to 
reflect changes in market conditions.
    (c) Once items containing recovered materials have been designated 
by the EPA in the CPG, agencies shall modify their affirmative 
procurement programs to require that, to the maximum extent practicable, 
their purchases of products meet or exceed the EPA guidelines unless 
written justification is provided that a product is not available 
competitively, not available within a reasonable time frame, does not 
meet appropriate performance standards, or is only available at an 
unreasonable price.
    Sec. 503. Guidance on Acquisition of Environmentally Preferable 
Products and Services. (a) The EPA shall develop guidance within 90 days 
from the date of this order to address environmentally preferable 
purchasing. The guidance may be based on the EPA's September 1995 
Proposed Guidance on the Acquisition of Environmentally Preferable 
Products and Services and comments received thereon. The guidance should 
be designed for Government-wide use and targeted towards products and 
services that have the most effect. The guidance may also address the 
issues of use of the technical expertise of nongovernmental entities and 
tools such as life cycle assessment in decisions on environmentally 
preferable purchasing. The EPA shall update this guidance every 2 years, 
or as appropriate.
    (b) Agencies are encouraged to immediately test and evaluate the 
principles and concepts contained in the EPA's Guidance on the 
Acquisition of Environmentally Preferable Products and Services through 
pilot projects to provide practical information to the EPA for further 
updating of the guidance. Specifically:
    (1) These pilot projects shall be focused around those product and 
service categories, including printing, that have wide use within the 
Federal Government. Priorities regarding which product and service 
categories to pilot shall be developed by the individual agencies and 
the EPA, in consultation with the OFPP, the FEE, and the appropriate 
agency procurement executives. Any policy disagreements shall be 
resolved by the Steering Committee.
    (2) Agencies are encouraged to use all of the options available to 
them to determine the environmentally preferable attributes of products 
and services in their pilot and demonstration projects, including the 
use of technical expertise of nongovernmental entities such as labeling, 
certification, or standards-developing organizations, as well as using 
the expertise of the National Institute of Standards and Technology.
    (3) Upon request and to the extent practicable, the EPA shall assist 
executive agencies in designing, implementing, and documenting the 
results of these pilot and demonstration projects.
    (4) The EPA, in coordination with other executive agencies, shall 
develop a database of information about these projects, including, but 
not limited to, the number and status of pilot projects, examples of 
agencies' policy directives, revisions to specifications, solicitation 
procedures, and grant/contract policies that facilitate adoption of 
environmentally preferable purchasing practices, to be integrated on a 
commonly available electronic medium (e.g., Internet Web site). These 
data are to be reported to the FEE.
    (c) Executive agencies shall use the principles and concepts in the 
EPA Guidance on Acquisition of Environmentally Preferable Products and 
Services, in addition to the lessons from the pilot and demonstration 
projects, to the maximum extent practicable, in identifying and 
purchasing environmentally preferable products and services and shall 
modify their procurement programs as appropriate.
    Sec. 504. Designation of Biobased Items by the USDA. The USDA 
Biobased Products Coordination Council shall, in consultation with the 
FEE, issue a Biobased Products List. (a) The Biobased Products List 
shall be published in the Federal Register by the USDA within 180 days 
after the date of this order and shall be updated biannually after 
publication to include additional items.
    (b) Once the Biobased Products List has been published, agencies are 
encouraged to modify their affirmative procurement program to give 
consideration to those products.
    Sec. 505. Minimum Content Standard for Printing and Writing Paper. 
Executive agency heads shall ensure that their agencies meet or exceed 
the following minimum materials content standards when purchasing or 
causing the purchase of printing and writing paper: (a) For high speed 
copier paper, offset paper, forms bond, computer printout paper, 
carbonless paper, file folders, white wove envelopes, writing and office 
paper, book paper, cotton fiber paper, and cover stock, the minimum 
content standard shall be no less than 30 percent postconsumer materials 
beginning December 31, 1998. If paper containing 30 percent postconsumer 
material is not reasonably available, does not meet reasonable 
performance requirements, or is only available at an unreasonable price, 
then the agency shall purchase paper containing no less than 20 percent 
postconsumer material. The Steering Committee, in consultation with the 
AEEs, may revise these levels if necessary.
    (b) As an alternative to meeting the standards in sections [sic] 
505(a), for all printing and writing papers, the minimum content 
standard shall be no less than 50 percent recovered materials that are a 
waste material byproduct of a finished product other than a paper or 
textile product that would otherwise be disposed of in a landfill, as 
determined by the State in which the facility is located.
    (c) Effective January 1, 1999, no executive branch agency shall 
purchase, sell, or arrange for the purchase of, printing and writing 
paper that fails to meet the minimum requirements of this section.
    Sec. 506. Revision of Brightness Specifications and Standards. The 
GSA and other executive agencies are directed to identify, evaluate, and 
revise or eliminate any standards or specifications unrelated to 
performance that present barriers to the purchase of paper or paper 
products made by production processes that minimize emissions of harmful 
byproducts. This evaluation shall include a review of unnecessary 
brightness and stock clause provisions, such as lignin content and 
chemical pulp requirements. The GSA shall complete the review and 
revision of such specifications within 6 months after the date of this 
order, and shall consult closely with the Joint Committee on Printing 
during such process. The GSA shall also compile any information or 
market studies that may be necessary to accomplish the objectives of 
this provision.
    Sec. 507. Procurement of Re-refined Lubricating Oil and Retread 
Tires. (a) Agencies shall implement the EPA procurement guidelines for 
re-refined lubricating oil and retread tires. Fleet and commodity 
managers shall take immediate steps, as appropriate, to procure these 
items in accordance with section 6002 of RCRA [42 U.S.C. 6962]. This 
provision does not preclude the acquisition of biobased (e.g., 
vegetable) oils.
    (b) The FEE shall work to educate executive agencies about the new 
Department of Defense Cooperative Tire Qualification Program, including 
the Cooperative Approval Tire List and Cooperative Plant Qualification 
Program, as they apply to retread tires.

         PART 6--AGENCY GOALS AND REPORTING REQUIREMENTS

    Sec. 601. Agency Goals. (a)(1) Each agency shall establish either a 
goal for solid waste prevention and a goal for recycling or a goal for 
solid waste diversion to be achieved by January 1, 2000. Each agency 
shall further ensure that the established goals include long-range goals 
to be achieved by the years 2005 and 2010. These goals shall be 
submitted to the FEE within 180 days after the date of this order. (2) 
In addition to white paper, mixed paper/cardboard, aluminum, plastic, 
and glass, agencies should incorporate into their recycling programs 
efforts to recycle, reuse, or refurbish pallets and collect toner 
cartridges for remanufacturing. Agencies should also include programs to 
reduce or recycle, as appropriate, batteries, scrap metal, and 
fluorescent lamps and ballasts.
    (b) Agencies shall set goals to increase the procurement of products 
that are made with recovered materials, in order to maximize the number 
of recycled products purchased, relative to non-recycled alternatives.
    (c) Each agency shall set a goal for increasing the use of 
environmentally preferable products and services for those products and 
services for which the agency has completed a pilot program.
    (d) Agencies are encouraged to incorporate into their Government 
Performance [and] Results Act [of 1993] [see Short Title of 1993 
Amendment note set out under section 1101 of Title 31, Money and 
Finance] annual performance plans the goals listed in subsections (a), 
(b), and (c) above, starting with the submittal to the Office of 
Management and Budget of the plan accompanying the FY 2001 budget.
    (e) Progress on attaining these goals should be reported by the 
agencies to the FEE for the biennial report specified in section 
302(a)(2) of this order.

          PART 7--APPLICABILITY AND OTHER REQUIREMENTS

    Sec. 701. Contractor Applicability. Contracts that provide for 
contractor operation of a Government-owned or -leased facility and/or 
contracts that provide for contractor or other support services at 
Government-owned or -operated facilities awarded by executive agencies 
after the date of this order, shall include provisions that obligate the 
contractor to comply with the requirements of this order within the 
scope of its operations.
    Sec. 702. Real Property Acquisition and Management. Within 90 days 
after the date of this order, and to the extent permitted by law and 
where economically feasible, executive agencies shall ensure compliance 
with the provisions of this order in the acquisition and management of 
Federally owned and leased space. The GSA and other executive agencies 
shall also include environmental and recycling provisions in the 
acquisition and management of all leased space and in the construction 
of new Federal buildings.
    Sec. 703. Retention of Funds. (a) The Administrator of General 
Services shall continue with the program that retains for the agencies 
the proceeds from the sale of materials recovered through recycling or 
waste prevention programs and specifying the eligibility requirements 
for the materials being recycled.
    (b) Agencies in non-GSA managed facilities, to the extent permitted 
by law, should develop a plan to retain the proceeds from the sale of 
materials recovered through recycling or waste prevention programs.
    Sec. 704. Model Facility Programs. Each executive agency shall 
establish a model demonstration program incorporating some or all of the 
following elements as appropriate. Agencies are encouraged to 
demonstrate and test new and innovative approaches such as incorporating 
environmentally preferable and bio-based products; increasing the 
quantity and types of products containing recovered materials; expanding 
collection programs; implementing source reduction programs; composting 
organic materials when feasible; and exploring public/private 
partnerships to develop markets for recovered materials.
    Sec. 705. Recycling Programs. (a)(1) Each executive agency that has 
not already done so shall initiate a program to promote cost-effective 
waste prevention and recycling of reusable materials in all of its 
facilities. The recycling programs implemented pursuant to this section 
must be compatible with applicable State and local recycling 
requirements.
    (2) Agencies shall designate a recycling coordinator for each 
facility or installation. The recycling coordinator shall implement or 
maintain waste prevention and recycling programs in the agencies' action 
plans.
    (b) Executive agencies shall also consider cooperative ventures with 
State and local governments to promote recycling and waste reduction in 
the community.
    Sec. 706. Review of Implementation. The President's Council on 
Integrity and Efficiency shall request that the Inspectors General 
periodically review agencies' implementation of this order.

                        PART 8--AWARENESS

    Sec. 801. Training. (a) Within 180 days of the date of this order, 
the FEE and OFPP should evaluate the training courses provided by the 
Federal Acquisition Institute and the Defense Acquisition University and 
recommend any appropriate curriculum changes to ensure that procurement 
officials are aware of the requirements of this order.
    (b) Executive agencies shall provide training to program management 
and requesting activities as needed to ensure awareness of the 
requirements of this order.
    Sec. 802. Internal Agency Awards Programs. Each agency shall develop 
an internal agency-wide awards program, as appropriate, to reward its 
most innovative environmental programs. Among others, winners of agency-
wide awards will be eligible for the White House Awards Program.
    Sec. 803. White House Awards Program. A Government-wide award will 
be presented annually by the White House to the best, most innovative 
programs implementing the objectives of this order to give greater 
visibility to these efforts so that they can be incorporated Government-
wide. The White House Awards Program will be administered jointly by the 
FEE and the CEQ.

       PART 9--REVOCATION, LIMITATION, AND IMPLEMENTATION

    Sec. 901. Executive Order 12873 of October 20, 1993, is hereby 
revoked.
    Sec. 902. This order is intended only to improve the internal 
management of the executive branch and is not intended to create any 
right, benefit, or trust responsibility, substantive or procedural, 
enforceable at law by a party against the United States, its agencies, 
its officers, or any other person.
    Sec. 903. The policies and direction expressed in the EPA guidance 
to be developed pursuant to section 503 of this order shall be 
implemented and incorporated in the Federal Acquisition Regulation 
within 180 days after issuance of the guidance.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in section 6939c of this title.
