-  ..  •  •     '        . '         -—•'.'        EPA/742/Z-93/001    "

Federal Register / VoL 58, No, 203 / Friday, October 22,  1993 / PresidentfeF Documents '   54611

                    Presidential Documents
                    Enecntive Order 12873 of October 20, 1993

                    Federal  Acquisition, Recycling, and Waste Prevention
                    WHEREAS, the Nation's interest is served when the Federal Government
                    can make more uffident use of natural resources by maximizing recycling '
                    and preventing waste wherever possible;
                    WHEREAS* this Administration £s determined to strengthen the role of the
                    Federal Government as an enlightened, environmentally conscious and con-
                   , earned consumers                   -    .  „

                    WHEREAS; the Federal  Government should—through cost-effective .waste
                    prevention and recycling activities—work to conserve disposal capacity, and
                    serve as a model m this, regard for private and  other public  institutions;
                    and.,    .'' - ,   -   '  .   .     ' •   ' >r     '•-      __   '".;.-
                    WHEREAS, the use of recycled and environmentally preferable products
                    and services by the Federal Government can spur private sector development
                    of new technologies aad use of such products, thereby creating business
                    and employment opportunities 'and nnh^nring 'regional and local economies
                    and the national economy;                        ,«           .
                    NOW, THEREFORE, k WILLIAM J. CLINTON, by the authority vested in
                    ma as President by the. Gonstituiioa 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 94r-580» 90 Stat. 2795 as amended (42 U.S.C 6901-
                    6907),. and section 301 of title 3. United States Code, hereby order as follows:

                    PART*—PREAMBLE    •   '• .                 . .   -     *

                    Secn'oa 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 pref-
                    erence and demand for such products.                     ''
                    Sec. 102.  Consistent with policies established by Office of Federal Procure-
                    ment Policy fOFPP") Policy Letter 92r-4, agencies shall comply with execu-
                    tive branch pottcfes 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 Federal Environmental Executive and. estab-
                    lishes high-level Environmental Executive positions within each agency to
                    be responsible for expediting the implementation of this order and statutes
                    that pertain to this, order.        .   .

                    PART 2—OEFINmONS

                    For purposes of this order.       :      ;
                    Sec. 201. "Environmentally preferable" means products disservices 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,-prodaction; manu-
                   •- facturing,packaj^ngi distribution, reuse, operation, Maintenance, or disposal
                    of the product or Service.    '•  "~?a ^ '*. '*& " •:"~1^'  «I ••   •   ^  '  -

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54912    Federal Register / Vol.  58. No- 203 / Friday, October 22, 1993  / Presidential Documents _

                               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.ma.te-
                               rial" 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, dem-
                               onstrated 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
                                       , 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
                               which have been recovered or diverted  from solid waste, but such term
                               does not include those materials an,d by-products generated from, and com-
                               monly 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 recov-
                              • ered 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." also -known as "source reduction,"  means
                               any change in  the  design, manufacturing, purchase or use of materials or
                               products (including packaging)  to reduce their amount or toxicity before
                               they become municipal solid waste. 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 Analysis" means the comprehensive examination of
                               a product's environmental and economic effects throughout its lifetime  in-
                               cluding new material extraction, transportation,  manufacturing, use,  and
                               disposal.
                               PART 3t— THE ROLE  OF  THE FEDERAL ENVIRONMENTAL' EXECUTIVE AND AGENCY
                               'ENVIRONMENTAL EXECUTIVES         .

                              • Sec.  301.  Federal  Environmental Executive., .(a) .A Federal Environmental
                               Executive shall be  {designated by the President and shall be located within
                               the Environmentar||rote(^pn Agency ("EPA"). The Federal Environmental
                               Executive shall takaTaU actions necessary to ensure that the agencies comply
                               with the requirements  of this order and shall generate  an annual  report
                                to  the  Office of Mafla^emenT and Budget ("OMB"), at the  time of agency
                              'i; budget submis§ionsrbn^th,e actions taken by the agencies to  comply with
                              -^th8-requiren1eti!s* BFfbiS older; In carrying out -his  or her 'functions,  the
                              '.:  •  •• •    "-*>& ''-""fids;1  'ia~~ 10"   "••--   ursir • •*  "     : •""'

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    .',.'•         , •    ;  •'• •    .        -  . '   -.    .'...•.    • • :  ' ;
 Federal Register V Vol 58. No. '203 7 Friday. October 22.1993 / Presidential Documents    54913

                     Federal Environmental Executive shall consult with the Director of the White
  ..           *   •'     House Office on Environmental Policy.
    .-'•:•              (b)  Staffing.' A minimum.of  four (4) full time staff persons are to  be
 -                    provided by the agencies listed below to assist the Federal Environmental
     .....'/•'-".  Executive, one of whom shall have experience in specification review and
                     program requirements, one  of whomshall have experience in procurement
        .        ..; '   practices, and one of whom shall have experience in solid waste prevention
                     and recycling.. These four  staff persons shall be appointed ana replaced
         .            as follows:  -                   •
             .            (1)  a representative from the Department of Defense shall be detailed
                     for not less than one year and no more than two years;
                         (2)  a representative from the  General Services Administration ("GSA")
                     shaU be detailed for not less thian one year and no more than two years;
             ,    ,        (3)  a representative from EPA shall be detailed for not less than one
                     year and no more than two years; and                       '
                        • (4)  a representative^from one other .agency determined by the  Federal
                     Environmental  Executive shall be detailed on a rotational basis  for not
     T               more than one year.     '                               ,
'•.'                       (c) Administration*Agencies are requested to make their services, personnel
                      and facilities available to the Federal Environmental Executive to the maxi*
                      mum extent practicable for. the performance of functions under this order.
                        fd) Committees and WoA Groups. The Federal Environmental Executive
                      shall establish committees and work .groups to identify, assess, and rec-
                      ommend actions to be taken to fulfill the goals, responsibilities, and initiatives
                      of the  Federal Environmental Executive. As these committees and work
  • •'   :     •'   '      groups are CTeated, agendes are requested to designate appropriate personnel
                      in the areas of procurement and .acquisition, standards and specifications,
                    .  electronic commerce, facilities management, waste'prevention, and recycling,
              ~       and others  as needed to staif and work on the initiatives of the Executive.
                 . "•  (e) Duties. The Federal  Environmental Executive, in  consultetion with
       -               the Agency Envi]»nmental Executives, shall:               ;  -
       ';                 (i) identify tihd recommend initiatives for government-wide implementa-
                      tion that will promote the purposes of this order, including:

                        -  (A) the development of a federal plan for agency implementation
                   ...      of this-ordor and appropriate incentives to encourage the acquisition
                  .         of recycled and environmentally preferable products by the Federal
                           Government;                    ;
                           (B) the development of a federd miplementation plan.and guidance
                           for instituting  economically efficient federal waste prevention, en-
                     •'•."•  ergy and water efficiency programs, and recycling programs within
        •                   each agency; and
 .                          (C) the development of a plan for making maximum use of available
              .             funduig assistance programs;
                          (2).collect and disseminate information electronically concerning meth-
                      ods to reduce waste, materials that can be recycled, costs and. savings associ-
                      ated with waste prevention and recycling, and current market sources of
                      products that are environmentally preferable or produced with recovered
  ^v -   .         •"..  .materials; ''.•-.-'    •.         .  -'.    .•••-• ••••      •   '.   '       •',.••;
                          (3). provide guidance and. assistance to the agencies in setting up  and
                      reporting on agency programs and monitoring their effectiveness; and

                          (4) coordinate appropriate  government-wide education and training pro-
                      grams for agencies.
                   ,   &B& 302. Agency Environmental Esjecutfves. Within 90 days after the .
 ",.,.-.        -.-.i dateof^prderitheh^eadofjBjacllii^ecutivedeparto
                    «-agency shall designate nan Agency Environmental: Exejgutive fromj
                      his or her staff, who serves at a level no lower than'at the Deputy;  A*

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S4914    federal Register / Vofc 58. No. 203 ; Friday. October 22, 1993 / Presidential Docnments _

                              Secretary  level or equivalent  The Agency Environmental Executive will
                              be responsible ion
                            .    {a) coordinating ail environmental programs in the areas of procurement
                              end acquisition, standards and specification review, facilities management,
                              'waste preventfao **"i recycling, m^«j logistics;

                                (h)  participating .in the interagency development  of a  Federal plan to:

                                  (1) create an awareness and outreach program  for the private sector
                              to facilitate markets for environmentally preferable and recycled products
                              and services, promote new technologies, improve  awareness about federal
                              efforts in this area, and expedite agency efforts to procure new products
                              Identified under this order;

                                  12) establish incentives, provide guidance and coordinate appropriate
                              educational programs for agency employees; and

                                  (3) coordinate the development of .standard agency reports required by
                              this order;

                                (c) reviewing agency programs and acquisitions to ensure compliance with
                              this order.

                              Sec. 401. Atxpdritioa Phoning, la developing plans, drawings, work state-
                               mental. specifications, or other product descriptions, agencies shall consider
                               the following factors: aHrpfrvttfrn of virgin material requirements; use of
                                   rarad m***rirf«; reuse of product; life cyde cost; racyclability; use- of
                                  ixonmaatatiy preferable products; waste .prevention (including toxkdty
                                  uoilon nr summation}; and'ultimats disposal, as appropriate. These factors
                              shoald 1» cankered to acqrristtion pfenning for  ail procurements and in-
                              th» evaluation and award of contracts, as appropriate. Program and acquisi-
                              tion aaneaarw^dtala an mrtrvetotaia these activities.  -  .  .

                                                                                         lExecut
Sec. 40Z.. Affirmative ftiacaraana* Programs. The head of each Executive
                                       .
                               agency ahaU develop aad imdemeut affirmative procurement programs in
                               accordance with RCRA section 6002 142 U.S.C 6962 J and this order. Agencies .
                               shall ensure Jhat TesponsfljflJnBS for preparation, implementation and mon-
                               itoring of affirmative yrocurement pruunuus are shared 'between the program
                               peEsoooel aad ptocamaaient tHstsounei. For the purposes of all purchases
                               mad* pawMiant to this ocdec.-£FA. in consultation with such-other Federal
                               agendas a* appropriate, sfasafi endeavor to maximiTo environmental benefits,
                               consistent with price, perfmmance and availability considerations, and shall
                               fldjn gii
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                      .Federal, Register / Vol. 58,. No. 203 /Friday, October 22. 1993 / Presidential Documents    54915

                                           plan for how the agencies intend to increase their purchases of the designated
         •  '.;      ;    ;  '••         .  •  '  .   item(s). . • V..'V^.  ' ..  •,     4  .  '  •     '
                             "  -             (d)  Agency  affirmative procurement programs, to the maximum extent
                                           practicable,, shall encourage that:       :  '                     .
                                   -            (1) documents be transferred electronically,

                                               (2) all government documents printed internally be printed double-sided
                  ••.''.   '  "-.          and    ,        . •  .'  .    ';    "     '        '.     -.."••"•.•.•••••'

                                         .      (3) contract^;, grants, and cooperative agreements issued after the effective
                         .                  date of this order include provisions that require documents to be printed
                                           double-sided on recycled paper meeting or exceeding the standards estab-
             •            •  ;               lished in this order or in future EPA guidelines.   "

                                           Sec. 403.  Procurement of Existing Guideline Items. Within 90 days after
                                           the effective date of this order, the head of each Executive agency that
                                           has not implementedan.affirmative procurement program shall ensure that
                                           ,the affirmative-procurement program has been established and is being imple-
                                           mented to the maximum extent practicable.
             .~.          '  •           ,     Sec. 404.  Electronic Acquisition System. To reduce waste  by  eliminating
                      •••••-•.:             unnecessary paper transactions in the acquisition process and to foster accu-
                                           rate data collection and reporting of agencies'purchases of recycled content
                                           and environmentaUy preferred products, the executive branch will implement
                  .           .      '";.     an electronic commercef system consistent withthe recommendations adopted
                                         ;  as a result of the National Performance. Review.

                    V                       PAm'S^ANDAR|*SfS«»ECf«CATJONSANDOESK3NATION OF ITEMS

           —                              Sec, 501; Specifications, Product Descriptions and Standards.  Where applica-
                :   ,.      -v        -•-   ble, Executive agencies shall review ana revise federal and military spedfica-
                .  ;      •                   tions, product descriptions and standards to enhance Federal procurement
         1                      •••'.         of products made from recovered materials or that are environmentally pref-
                 ' .         ,  •           '  erable. When converting to a Commercial Item Description  (QD), agencies
                                           shall ensure that environmental factors have been considered and that the
                      •     -                QD meets'or exceeds the environmentally preferable criteria of the govern-
                                           ment specification or product description. Agencies shall report annually
             .         .   '"'              on their compliance witii this section to the Federal Environmental Executive
                                           for  incorporation into.the  annual report  to OMB referred to in section
                                         '  301 of this order.
   .      .      . '                            (a) If an inconsistency with RCRA Section 6002 or this  order is identified
                                           in a.specification,  standard, or product description,  the Federal.Environ--'
                                 -          mental Executive shall  request  that the Environmental Executive  of the
f, .                   '.'•                     pertinent agency advise  the Federal Environmental Executive 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 agency's Environmental
                    .          '            Executive to monitor and implement the plan for revising it.       :
                                           Sec. 502. Designation of Items that Contain  Recovered Afateria/s. In order
                                           to expedite the process of designating items  that are or can be made with
                                   V       'recovered materials, EPA shaU institute a new process for designating these
                  '-•/'••'.                items in accordance witE RCRA section 6002(e) as follows, (a) 'EPA shall
                     '"""-."   .  "           issue  a Comprehensive Procurement Guideline containing[designated items
                                           that are or can be made with recovered materials.
                                               (1) The proposed guideline shall be published  for public comment in
                                           the Federal Register within 180 days after the effective  date of this order
                                           and shall  be updated annually  after publication for  comment to include
                                           additional items.

                      '    •  -•....''  \            J2) Once items.; containing  recoyered.materials have been designated
                ,         .    ,ti            by £FA^.through'rthe.-.;new process;e5tebltene.d pursjiant to.ithis.section and
       •                      ->.v        - .  ^in eompliancejwith tRGRA secjdqn^fl?, agencies shdl modify their^ffirma-
                                             _ ." 	 •.' . t   .    - "'"    .   •                   • ,               i^^ /

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§4916    Federal Register / Vot 58, No. 203 / fnday, October 22. 1993 / Presidential Docmnents
                              trro procurement programs to require that, to the maximum extent prac-
                              ticable, their purchases of products meet or exceed the EPA guideline stand-
                              ards 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.
                                (b) Concurrent -with Ihe issuance of the Comprehensive Procurement Guide-
                              line required by section 502(a) of this order, EPA shall publish for public
                              comment in the  Federal  Register Recovered Material Advisory Notice(s)
                              that present the range of recovered  material  content levels within which
                              the designated recycled items are currently  available. These levels shall
                              be  updated periodically after publication for comment to reflect  changes
                              in market conditions.
                              Sec. 303. Guidance far Environmentally Preferable Products. In accordance
                              with this order, EPA shall Issue .guidance that recommends  principles that
                              Executive agencies should use in making determinations for the preference
                             . and purchase of environmentally preferable products.
                                (a) Proposed guidance shall "be published for public comment in the Federal
                              Register within 160 days after &e  effective  date of this order, and may
                              be updated after public comment, as  necessary, thereafter. To the extent
                              necessary, EPA may fesne additional guidance for public comment on how
                              Ui« principles can be applied to specific product categories.
                                B») Once ft""3 guidance lor environmentally preferable products has been
                               issued "by "EPA, Executive agencies shall use these principles, to the maximum
                              extant practicable, in identifying and purchasing environmentally preferable
                               products and shall modify  their procurement programs by reviewing and
                             • revising specifications, soucftatioa procedures, and policies  as appropriate.
                              Sec. 504. MSratKon Cbntanf Standard far Printing and Writing Paper. Execu-
                              tive agency beads shall ensure that agencies shall meet or exceed the follow-
                               ing tninisram materials content standards when purchasing or causing the
                              purchase of printing and-writing paper.
                                 (a) For hjgn *peed copier paper, offset paper, forms bond, computer print-
                               out paper, carbonless paper, file folders, and white  woven envelopes, the
                               luluiiiimn content standard1 shall *e TO less than 20 percent postconsumer
                              materials beginning December 31. 1994.  This minimum! content  standard
                               shall be Increased to 30 pBrcemt beginning c-n December 31.1998.
                                 (bj  For other ynr-furfod printing and writing paper, such as writing and
                               nffino paper, "book paper,  cotton fiber paper, ana cover-stock, the minimum
                               content standard soau be 50 percent recovered materials, Including 20 per-
                               cent pastconsnmer materials beginning on December 31,1994. This standard
                               shall be Increased lo 30 percent beginning on December 31,1998.
                                  Cc)  As an  alternative  to meeting the standards in sections 504(a) and
                               (bj, for  all printing and writing papers, the minimum content  standard
                               shall be no less than 50 percent recovered materials that are a waste material
                               byprodnct of a finished product other than a  paper or textile product which
                               would otherwise be disposed of in a landfill, as determined by  the State
                               inwhich the fecffity is located.
                                   (1) The decision  not to procure recycled content printing and writing
                               paper meeting the standards specified in this section shall be based solely
                               on a determination by the contracting officer that  a satisfactory level of
                               competition does not exist, that the items are not available within a reason-
                               able time period, or that  the available items fail to meet reasonable perform-
                               ance standards established by the agency or are only available at an unreason-
                               able price.
                                    (2) Each agency should implement waste prevention techniques, as speci-
                                fied in section 402(d) of this order, so that total annual expenditures for
                               recycled content- printing and writing paper do not exceed current annual
                               budgets for paper products as measured by average annual expenditures,
                               adjusted for Inflation based on the Consumer Price Index or other suitable

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Federal Register./ Vol. 56. No. 2O3 / Friday. October 22. 1893 J Presidential Doetaaante  ,  54927

                     indices. In determining a target budget for printing and writing paper, agen-
                     cies may take into acccimit s»ch fiKtors as employee increases or decre^es,
                     new  agency at statutory initiatives, and episodic or unique requirements
                     (e.g,, census).     ;   •                                       ^      •

                        (3) Effective immediately, all agencies making solicitations for the pur-
                     chase of printing and writing  paper shall seek bids for  paper  with
                     postepnsumer material or recovered waste material as  describea in section
    .   •"•         .    504(c).                                           .

                     Sec. 5O5. Jteristoa of Brightness Specifications and Standards.  The General
                     Services Administration and other Federal agencies are directed to identify,
                     evaluate and revise or eliminate any- standards of specifications unrelated
                     *	—rormance that  present barriers to the purchase of paper  or paper
                           y made by production processes that minimize emissions of harmful
                         _ _acts. This evaluation shall include a review of unnecessary brightness
                     — stock clause  provisions,  such as  lignin content  and chemical pulp
                     requirements. The GSA shall complete .the  review and revision of such
                     specifications within  six months after the effective date of this order, and
                     shall consult'closely with  die Joint  Committee  on Printing during such
                     process. The GSA shall also  compile any information or market studies
                     that may be necessary to armmplish the objectives of this provision.

                    Sec. 506. Procurement of Re-refined Lubricating Oil and Retread Tires. Within
                    180 days after the effective date  of this  order, agencies shall implement
                    the EPA procurement guidelines for re-refined lubricating  oil and retread
                   "tires.    '    „            '          ,-,•••       ^'  ,
                      £a) Commodity managers shall finalize revisions to specifications for re-
                    refined oil and retread tires, and develop and issue specification* 'for tire
                    retreading services, as commodity managers .shall take affirmative steps to
                    procure these items in accordance with RCRA section 6002,

                      (b) Once these items become available, fleet managers shall take affirmative
                    steps to procure these items in accordance with RCRA section 6002.

                    Sec. 507. Product Testing. The Secretary of Commerce, through the National
                    JnsatatBKQf Standards, and Technology("MST**), shall establish a program
                    for testing the performance,of products containing recovered iqaWJafe  or
                    deemed to be environmentally preferable. NIST shall work with EPA. GSA
                    and other public-and private sector organizations that conduct appropriate
                    life cycle analyses to gather information that will assist agencies in making
                    selections of products and services that are environmentally preferable.
                      (a) NIST shall publish appropriate reports  describing testing  programs,
                    their results, and ^recommendations for testing methods and. related specdfica-
                    tions for use by Executive agencies and other interested parties.

                      (b) NIST shall coordinate with other Executive and State agencies  to
                    avoid duplication with existing tasting program^

                    PART 6—AGENCY GOALS AND REPOKTMQ REQUIREMENTS

                    Sec, 601. Goals for Waste Reduction.  Each agency shall establish  a  goal
                    for solid waste prevention and a goal  for recycling to be achieved by the
                    year 1995. These goals shall be submitted to the Federal Environmental
                    Executive within 180 days after the effective date of this order. Progress
                    on  attaining these goals shall be reported by the  agencies to the Federal
                    Environmental Executive for the annual report specified in section  301  of
                    this order.                                              .            .

                    Sec. 602. Goal for Increasing the Procurement of Recycled and Other Environ*
                    mentally Preferable Products. Agencies shall strive to increase the procure-
                    ment of products that are environmentally preferable or that are made with
                    recovered materials and set ann^a] goals to maximize the number of recycled
                    products purchased, relative to non-recycled alternatives.

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§4918    Federal Register /  Vol. 58. No.  203  / Friday. October 22, 1993  / Presidential Documents

                               Sec. 603. Review of Implementation. The President's Council on Integrity
                               and Efficiency ("FOE") will request that the Inspectors General periodically
                               review agencies' affirmative procurement programs and reporting procedures
                               to ensure their compliance with this order.
                               PART 7—APPUCABILT1Y AND OTHER REQUIREMENTS

                               Sec. 701. Contractor Operated Facilities. Contracts that provide for contractor
                               operation of a government-owned or leased facility, awarded after the effec-
                               tive 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. In addition, to the extent permitted by law and where economi-
                               cally feasible, existing contracts should be modified.
                               Sec. 702. Real Property Acquisition and Management Within 90 days after
                               the effective 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. GSA and other Executive agencies shall
                               also include environmental and recycling provisions in the acquisition of
                               all leased space and in the construction of new federal buildings.
                               Sec. 703. Retention of Funds. Within 90 days  after the effective date of
                               this order,  the  Administrator of GSA shall develop a legislative proposal
                               providing authority for Executive agencies to retain a share of the proceeds
                                from the sale of materials recovered through recycling or waste  prevention
                               programs and specifying the eligibility  requirements for the materials being
                                recycled.                           ~
                                Sec. 704. Model Facility Programs. Each Executive department  and major
                                procuring agency shall establish model facility demonstration programs that
                                include1 comprehensive waste prevention and recycling programs and empha-
                                size the procurement of recycled and  environmentally preferable products
                                and services using an electronic data interchange (EDI) system.
                                Sec. 705. Recycling Programs. 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. Federal agencies shall
                                also consider .cooperative ventures with State  and local  governments to
                                promote recycling and waste reduction in the community.
                                          *
                                PART 8—AWARENESS                               .

                                Sec. 801. Agency Awards Program. A  government-wide award will be pre-
                                sented annually by the White House to the best, most innovative program
                                implementing the  objectives of this order to give greater visibility to these
                                efforts so that they can be incorporated government-wide.

                                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. Winners of agency-wide awards will
                                be eligible for the White House award program.

                                PART 9—REVOCATION, LIMITATION AND IMPLEMENTATION

                                Sec.  901. Executive Order No. 12780, dated October 31, 1991, 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 or benefit,
                                substantive or  procedural, enforceable at law by a party against the United
                                States, its agencies, its officers, or any other person.


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         'Federal Register 7 Vol. 58. No. 203  / Friday, October 22, 1993 7 Presidential Documents     54919

                               Sec. 903. The policies expressed in this order, including the requirements
                               and'elements tor effective agency affirmative procurement programs, shall
                               be implemented and incorporated in the  Federal Acquisition Regulation
                              ~(FAR) within 180 days after the effective date of this order. The implementa-
                               tion language shall consist of providing specific direction and guidance.
                               on agency programs for preference, promotion, estimation, certification, re-
                               viewing and monitoring.                                    . '
                             - Sec. 904. This order shall be effective immediately.
DPR Doe. 93-28280
FUod 10-21-93; Ifc24 *m)

Billing cod* 319S-01-P
                               THE WHITE HOUSE,
                               October 20, 1993.
                                                                       -&•

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