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-                                                                         .          742A98001

       [Weekly Compilation of Presidential Documents]                                        •
      From  the 1998 Presidential Documents Online via  GPO Access [frwais.access.gpo.gov]
       [DOCID:pd21se98_txt-10]      .      .       '              '           .

       [Page 1785-1793]  ...                                     •

      Monday, September 21,  1998

      Volume 34--Number 38                                                                     '
      Pages 1769-1832                          .                       •

      Week  Ending Friday, September 18,  1998

      Executive Order-13101--Greening the Government Through Waste Prevention,
      Recycling, and  Federal Acquisition

       September 14, 1998

          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 preferable11  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  agency11 or ""agency11 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  arid  has.been discarded  for
       disposal or recovery, having completed  its  life as a consumer item.
       ""Postconsumer material1 '  is a part  of  the broader category of
       ""recovered material.''                   .

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          Sec  204  --Acquisition1 ' means 'the'acquiring by contract with
      appropriated"funds for supplies or services  (including  construction) by
      and IS SI use of the Federal Government through purchase  or lease,
      whethlr thl supplies or services are already  in existence or must be
      Slated  devilled, demonstrated, and evaluated. Acquisition begins at
      Sfpoint when Igency needs  are established and includes the description
      of requirements to satisfy agency needs, solicitation and selection of
      sourcls, 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 materials11 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,

       [[Page 1786]]

      commonly reused within, an  original manufacturing process   (42 U.S.-C.  •

      6903Sec9)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.                ^   Hr^indina
           Sec  207  -"Recycling11  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.               _       j »=.:,,„
           Sec  208   --Waste  prevention1]  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  reduction1'  means preventing or decreasing tne
       amount of  waste being  generated through waste prevention,   recycling,  or
       purchasing recycled and environmentally preferable products.
           Sec  210   i-Life cycle cost11  means the amortized annual cost of a
       product I  including capital costs,  installation costs, operating costs,
       maintenance costs? and disposal costs  discounted over the  lifetime of
       the product.                                             .
           Sec  211   --Life cycle assessment11 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 prevention1' means  --source  reduction'  as
       defined in the Pollution Prevention Act of 1990 (42 u.S.C. "102)  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

       conserva ^^. __ ~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

       mateIec1S214  --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  ot
       the  Council on Environmental Quality   (CEQ),  the Federal  Environmental
       Executive  (FEE),  and the Administrator for  Federal.'Pr°c£em£f c£°^C£f
        (OFPP). The  Steering Committee, which shall  be  chaired by  the  Chair  o£
       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

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       Executive,  Environmental Protection Agency, shall be designated by the
       President  The FEE shall chair the Task'.Force described in subsection
       (IT,  take all actions necessary to ensure that the agencies comply with
       the requirements of this -order, and generate a .biennial report to the

       President^       -^ ^ 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

               Agencf Environmental Executives  (AEEs) .Within 90 ..days after the     *
       date 'of this

       [[Page 1787]]                     •      -        '             .                     ' .

       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
       CEO 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,

            (i) 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

             03(gTrdevelopment  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; 13031, Federal Alternative Fueled Vehicle
        Leadership;  12845,  Requiring Agencies  to Purchase  Energy Efficient
        Computer Equipment;  12856,  Federal Compliance with Right -to -Know  Laws
        and Pollution Prevention Requirements,-  12902, Energy Efficiency and
        Water Conservation at Federal Facilities;  and 12969, Federal  Acquisition
        and Community Right -to -Know. ,              •                        .
            (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 crroup of acquisition/procurement managers and environmental State,  ana
       ' 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.    -     •                             . ,,„ . ..p,r
            '(5) Establish committees and work groups,  as needed, to identity,
        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

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      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 o'f 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                                                                    .

       [[Page, 1788] 3                                   .

      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
      agenci"^'  estimated  purchases of such products  to  the Secretary of

      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 eacn
      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,  tor
       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

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       unless  written justification is provided that a product is not available
       ^mpetitfvely 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 tnicropurchases  agencies shall provide
       guidance regarding purchase of EPA-designated guideline items. This
       fuidance 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 procure-ment
       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 and
       the related requirements of this order.                              -onca
           (b) EPA inspections of Federal facilities conducted pursuant to RCRA
       and the Federal Facility Compliance Act 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.

       [[Page 1789]]         •             .

            (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 sections 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 preferably 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 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 arid 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 f°ll°w^9 ^°°^?
        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.                _
            (E) Concurrent with the  issuance of the CPG, the EPA shall publish
        for comment in the Federal Register Recovered Materials Adyisory^Notices
        that present  the  range of recovered materials content levels  within

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      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.                                          -  • -u-,
          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

       [[Page 1790]]

      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 tne
       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

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       encouraged to modify  their  affirmative  procurement program to give

       consideration ^^r^nSnfitandard  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 paperT offset  paper,  forms bond, computer printout paper
       carbonless paper,  file  folders, white wove envelopes,  writing and office  .
       paper book piper,  cotton fiber paper,  and cover stock, the minimum
       cohtent  standard  shall  be no less than  30 percent postconsumer materials
       begging 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 ^easonab^ejprice ,
       ?hen 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.                    cncf=i
            (b)  L  an  alternative to meeting the standards in  sections 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
     .  ^product  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.

       [[Page 1791]]

            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 specif ications 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
                      ' 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. 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, P^stic,
        and glass,  agencies should incorporate into their  recycling Programs
        efforts to recycle,  reuse, or refurbish pallets and <=°^c^  °™ama to
        cartridges f or remanuf acturing . Agencies should also include programs to
        reduce or recycle, as appropriate, batteries, scrap metal,  and

 -   .    flU° (b) ClgencCrshSlbtetagoals  to increase  the procurement of products
        that  are Lde with recovered  materials,  in order to maximize the number
        of recycled products purchased, relative to non- recycled alternatives.

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          {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 Results Act 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

          (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.

       [(Page 1792]]

          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       .    v
      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
           (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 the 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

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       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

           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.                                -j=T,oia
           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 3-80 days after issuance of  the guidance.
                                                    William J.  Clinton
       The White House,
       September 14, 1998.

        [Filed with  the Office  of  the  Federal  Register,  11:21 a.m.,  September
       15,  1998]

        [[Page 1793]]                                           .

       Note:  This  Executive  order was  published in the Federal Register on
       September .16.