
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7606]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7606. Federal procurement


(a) Contracts with violators prohibited

    No Federal agency may enter into any contract with any person who is 
convicted of any offense under section 7413(c) of this title for the 
procurement of goods, materials, and services to perform such contract 
at any facility at which the violation which gave rise to such 
conviction occurred if such facility is owned, leased, or supervised by 
such person. The prohibition in the preceding sentence shall continue 
until the Administrator certifies that the condition giving rise to such 
a conviction has been corrected. For convictions arising under section 
7413(c)(2) of this title, the condition giving rise to the conviction 
also shall be considered to include any substantive violation of this 
chapter associated with the violation of 7413(c)(2) of this title. The 
Administrator may extend this prohibition to other facilities owned or 
operated by the convicted person.

(b) Notification procedures

    The Administrator shall establish procedures to provide all Federal 
agencies with the notification necessary for the purposes of subsection 
(a) of this section.

(c) Federal agency contracts

    In order to implement the purposes and policy of this chapter to 
protect and enhance the quality of the Nation's air, the President 
shall, not more than 180 days after December 31, 1970, cause to be 
issued an order (1) requiring each Federal agency authorized to enter 
into contracts and each Federal agency which is empowered to extend 
Federal assistance by way of grant, loan, or contract to effectuate the 
purpose and policy of this chapter in such contracting or assistance 
activities, and (2) setting forth procedures, sanctions, penalties, and 
such other provisions, as the President determines necessary to carry 
out such requirement.

(d) Exemptions; notification to Congress

    The President may exempt any contract, loan, or grant from all or 
part of the provisions of this section where he determines such 
exemption is necessary in the paramount interest of the United States 
and he shall notify the Congress of such exemption.

(e) Annual report to Congress

    The President shall annually report to the Congress on measures 
taken toward implementing the purpose and intent of this section, 
including but not limited to the progress and problems associated with 
implementation of this section.

(July 14, 1955, ch. 360, title III, Sec. 306, as added Pub. L. 91-604, 
Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 101-549, title 
VII, Sec. 705, Nov. 15, 1990, 104 Stat. 2682.)

                          Codification

    Section was formerly classified to section 1857h-4 of this title.


                            Prior Provisions

    A prior section 306 of act July 14, 1955, ch. 360, title III, as 
added Nov. 21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506, was 
renumbered section 313 by Pub. L. 91-604 and is classified to section 
7613 of this title.
    Another prior section 306 of act July 14, 1955, ch. 360, title III, 
formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 1, 77 
Stat. 401, renumbered Sec. 306, Oct. 20, 1965, Pub. L. 89-272, title I, 
Sec. 101(4), 79 Stat. 992, renumbered Sec. 309, Nov. 21, 1967, Pub. L. 
90-148, Sec. 2, 81 Stat. 506, renumbered Sec. 316, Dec. 31, 1970, Pub. 
L. 91-604, Sec. 12(a), 84 Stat. 1705, related to appropriations and was 
classified to section 1857l of this title, prior to repeal by section 
306 of Pub. L. 95-95. See section 7626 of this title.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-549 substituted ``section 7413(c)'' 
for ``section 7413(c)(1)'' and inserted sentences at end relating to 
convictions arising under section 7413(c)(2) of this title and extension 
of prohibition to other facilities owned by convicted persons.


  Federal Acquisition Regulation: Contractor Certification or Contract 
               Clause for Acquisition of Commercial Items

    Pub. L. 103-355, title VIII, Sec. 8301(g), Oct. 13, 1994, 108 Stat. 
3397, provided that: ``The Federal Acquisition Regulation may not 
contain a requirement for a certification by a contractor under a 
contract for the acquisition of commercial items, or a requirement that 
such a contract include a contract clause, in order to implement a 
prohibition or requirement of section 306 of the Clean Air Act (42 
U.S.C. 7606) or a prohibition or requirement issued in the 
implementation of that section, since there is nothing in such section 
306 that requires such a certification or contract clause.''

                        Executive Order No. 11602

    Ex. Ord. No. 11602, June 29, 1971, 36 F.R. 12475, which related to 
the administration of the Clean Air Act with respect to Federal 
contracts, grants, or loans, was superseded by Ex. Ord. No. 11738, Sept. 
10, 1973, 38 F.R. 25161, set out below.

Ex. Ord. No. 11738. Administration of the Clean Air Act and the Federal 
 Water Pollution Control Act With Respect to Federal Contracts, Grants, 
                                or Loans

    Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, provided:
    By virtue of the authority vested in me by the provisions of the 
Clean Air Act, as amended (42 U.S.C. 1857 et seq.) [42 U.S.C. 7401 et 
seq.], particularly section 306 of that Act as added by the Clean Air 
Amendments of 1970 (Public Law 91-604) [this section], and the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.), particularly 
section 508 of that Act as added by the Federal Water Pollution Control 
Act Amendments of 1972 (Public Law 92-500) [33 U.S.C. 1368], it is 
hereby ordered as follows:
    Section 1. Policy. It is the policy of the Federal Government to 
improve and enhance environmental quality. In furtherance of that 
policy, the program prescribed in this Order is instituted to assure 
that each Federal agency empowered to enter into contracts for the 
procurement of goods, materials, or services and each Federal agency 
empowered to extend Federal assistance by way of grant, loan, or 
contract shall undertake such procurement and assistance activities in a 
manner that will result in effective enforcement of the Clean Air Act 
[this chapter] (hereinafter referred to as ``the Air Act'') and the 
Federal Water Pollution Control Act (hereinafter referred to as ``the 
Water Act'') [33 U.S.C. 1251 et seq.].
    Sec. 2. Designation of Facilities. (a) The Administrator of the 
Environmental Protection Agency (hereinafter referred to as ``the 
Administrator'') shall be responsible for the attainment of the purposes 
and objectives of this Order.
    (b) In carrying out his responsibilities under this Order, the 
Administrator shall, in conformity with all applicable requirements of 
law, designate facilities which have given rise to a conviction for an 
offense under section 113(c)(1) of the Air Act [42 U.S.C. 7413(c)(1)] or 
section 309(c) of the Water Act [33 U.S.C. 1319(c)]. The Administrator 
shall, from time to time, publish and circulate to all Federal agencies 
lists of those facilities, together with the names and addresses of the 
persons who have been convicted of such offenses. Whenever the 
Administrator determines that the condition which gave rise to a 
conviction has been corrected, he shall promptly remove the facility and 
the name and address of the person concerned from the list.
    Sec. 3. Contracts, Grants, or Loans. (a) Except as provided in 
section 8 of this Order, no Federal agency shall enter into any contract 
for the procurement of goods, materials, or services which is to be 
performed in whole or in part in a facility then designated by the 
Administrator pursuant to section 2.
    (b) Except as provided in section 8 of this Order, no Federal agency 
authorized to extend Federal assistance by way of grant, loan, or 
contract shall extend such assistance in any case in which it is to be 
used to support any activity or program involving the use of a facility 
then designated by the Administrator pursuant to section 2.
    Sec. 4. Procurement, Grant, and Loan Regulations. The Federal 
Procurement Regulations, the Armed Services Procurement Regulations, and 
to the extent necessary, any supplemental or comparable regulations 
issued by any agency of the Executive Branch shall, following 
consultation with the Administrator, be amended to require, as a 
condition of entering into, renewing, or extending any contract for the 
procurement of goods, materials, or services or extending any assistance 
by way of grant, loan, or contract, inclusion of a provision requiring 
compliance with the Air Act, the Water Act, and standards issued 
pursuant thereto in the facilities in which the contract is to be 
performed, or which are involved in the activity or program to receive 
assistance.
    Sec. 5. Rules and Regulations. The Administrator shall issue such 
rules, regulations, standards, and guidelines as he may deem necessary 
or appropriate to carry out the purposes of this Order.
    Sec. 6. Cooperation and Assistance. The head of each Federal agency 
shall take such steps as may be necessary to insure that all officers 
and employees of this agency whose duties entail compliance or 
comparable functions with respect to contracts, grants, and loans are 
familiar with the provisions of this Order. In addition to any other 
appropriate action, such officers and employees shall report promptly 
any condition in a facility which may involve noncompliance with the Air 
Act or the Water Act or any rules, regulations, standards, or guidelines 
issued pursuant to this Order to the head of the agency, who shall 
transmit such reports to the Administrator.
    Sec. 7. Enforcement. The Administrator may recommend to the 
Department of Justice or other appropriate agency that legal proceedings 
be brought or other appropriate action be taken whenever he becomes 
aware of a breach of any provision required, under the amendments issued 
pursuant to section 4 of this Order, to be included in a contract or 
other agreement.
    Sec. 8. Exemptions--Reports to Congress. (a) Upon a determination 
that the paramount interest of the United States so requires--
    (1) The head of a Federal agency may exempt any contract, grant, or 
loan, and, following consultation with the Administrator, any class of 
contracts, grants or loans from the provisions of this Order. In any 
such case, the head of the Federal agency granting such exemption shall 
(A) promptly notify the Administrator of such exemption and the 
justification therefor; (B) review the necessity for each such exemption 
annually; and (C) report to the Administrator annually all such 
exemptions in effect. Exemptions granted pursuant to this section shall 
be for a period not to exceed one year. Additional exemptions may be 
granted for periods not to exceed one year upon the making of a new 
determination by the head of the Federal agency concerned.
    (2) The Administrator may, by rule or regulation, exempt any or all 
Federal agencies from any or all of the provisions of this Order with 
respect to any class or classes of contracts, grants, or loans, which 
(A) involve less than specified dollar amounts, or (B) have a minimal 
potential impact upon the environment, or (C) involve persons who are 
not prime contractors or direct recipients of Federal assistance by way 
of contracts, grants, or loans.
    (b) Federal agencies shall reconsider any exemption granted under 
subsection (a) whenever requested to do so by the Administrator.
    (c) The Administrator shall annually notify the President and the 
Congress of all exemptions granted, or in effect, under this Order 
during the preceding year.
    Sec. 9. Related Actions. The imposition of any sanction or penalty 
under or pursuant to this Order shall not relieve any person of any 
legal duty to comply with any provisions of the Air Act or the Water 
Act.
    Sec. 10. Applicability. This Order shall not apply to contracts, 
grants, or loans involving the use of facilities located outside the 
United States.
    Sec. 11. Uniformity. Rules, regulations, standards, and guidelines 
issued pursuant to this order and section 508 of the Water Act [33 
U.S.C. 1368] shall, to the maximum extent feasible, be uniform with 
regulations issued pursuant to this order, Executive Order No. 11602 of 
June 29, 1971 [formerly set out above], and section 306 of the Air Act 
[this section].
    Sec. 12. Order Superseded. Executive Order No. 11602 of June 29, 
1971, is hereby superseded.
                                                          Richard Nixon.

                  Section Referred to in Other Sections

    This section is referred to in section 7607 of this title.
