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

[Federal Register: September 16, 1998 (Volume 63, Number 179)]
[Presidential Documents]
[Page 49641-49651]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se98-113]

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Part II

The President

_______________________________________________________________________

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

                        Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Executive Order 13101 of September 14, 1998


                Greening the Government Through Waste Prevention,
                Recycling, and Federal Acquisition

                By the authority vested in me as President by the
                Constitution and the laws of the United States of
                America, including the Solid Waste Disposal Act, Public
                Law 89-272, 79 Stat. 997, as amended by the Resource
                Conservation and Recovery Act (RCRA), Public Law 94-
                580, 90 Stat. 2795, as amended (42 U.S.C. 6901-6907),
                section 301 of title 3, United States Code, and in
                order to improve the Federal Government's use of
                recycled products and environmentally preferable
                products and services, it is hereby ordered as follows:

                PART 1--PREAMBLE

                Section 101. Consistent with the demands of efficiency
                and cost effectiveness, the head of each executive
                agency shall incorporate waste prevention and recycling
                in the agency's daily operations and work to increase
                and expand markets for recovered materials through
                greater Federal Government preference and demand for
                such products. It is the national policy to prefer
                pollution prevention, whenever feasible. Pollution that
                cannot be prevented should be recycled; pollution that
                cannot be prevented or recycled should be treated in an
                environmentally safe manner. Disposal should be
                employed only as a last resort.

                Sec. 102. Consistent with policies established by the
                Office of Federal Procurement Policy (OFPP) Policy
                Letter 92-4, agencies shall comply with executive
                branch policies for the acquisition and use of
                environmentally preferable products and services and
                implement cost-effective procurement preference
                programs favoring the purchase of these products and
                services.

                Sec. 103. This order creates a Steering Committee, a
                Federal Environmental Executive (FEE), and a Task
                Force, and establishes Agency Environmental Executive
                (AEE) positions within each agency, to be responsible
                for ensuring the implementation of this order. The FEE,
                AEEs, and members of the Steering Committee and Task
                Force shall be full-time Federal Government employees.

                PART 2--DEFINITIONS

                For purposes of this order:

                Sec. 201. ``Environmentally preferable'' means products
                or services that have a lesser or reduced effect on
                human health and the environment when compared with
                competing products or services that serve the same
                purpose. This comparison may consider raw materials
                acquisition, production, manufacturing, packaging,
                distribution, reuse, operation, maintenance, or
                disposal of the product or service.

                Sec. 202. ``Executive agency'' or ``agency'' means an
                executive agency as defined in 5 U.S.C. 105. For the
                purpose of this order, military departments, as defined
                in 5 U.S.C. 102, are covered under the auspices of the
                Department of Defense.

                Sec. 203. ``Postconsumer material'' means a material or
                finished product that has served its intended use and
                has been discarded for disposal or recovery, having
                completed its life as a consumer item. ``Postconsumer
                material'' is a part of the broader category of
                ``recovered material.''

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                Sec. 204. ``Acquisition'' means the acquiring by
                contract with appropriated funds for supplies or
                services (including construction) by and for the use of
                the Federal Government through purchase or lease,
                whether the supplies or services are already in
                existence or must be created, developed, demonstrated,
                and evaluated. Acquisition begins at the point when
                agency needs are established and includes the
                description of requirements to satisfy agency needs,
                solicitation and selection of sources, award of
                contracts, contract financing, contract performance,
                contract administration, and those technical and
                management functions directly related to the process of
                fulfilling agency needs by contract.

                Sec. 205. ``Recovered materials'' means waste materials
                and by-products that have been recovered or diverted
                from solid waste, but such term does not include those
                materials and by-products generated from, and commonly
                reused within, an original manufacturing process (42
                U.S.C. 6903 (19)).

                Sec. 206. ``Recyclability'' means the ability of a
                product or material to be recovered from, or otherwise
                diverted from, the solid waste stream for the purpose
                of recycling.

                Sec. 207. ``Recycling'' means the series of activities,
                including collection, separation, and processing, by
                which products or other materials are recovered from
                the solid waste stream for use in the form of raw
                materials in the manufacture of new products other than
                fuel for producing heat or power by combustion.

                Sec. 208. ``Waste prevention'' means any change in the
                design, manufacturing, purchase, or use of materials or
                products (including packaging) to reduce their amount
                or toxicity before they are discarded. Waste prevention
                also refers to the reuse of products or materials.

                Sec. 209. ``Waste reduction'' means preventing or
                decreasing the amount of waste being generated through
                waste prevention, recycling, or purchasing recycled and
                environmentally preferable products.

                Sec. 210. ``Life cycle cost'' means the amortized
                annual cost of a product, including capital costs,
                installation costs, operating costs, maintenance costs,
                and disposal costs discounted over the lifetime of the
                product.

                Sec. 211. ``Life cycle assessment'' means the
                comprehensive examination of a product's environmental
                and economic aspects and potential impacts throughout
                its lifetime, including raw material extraction,
                transportation, manufacturing, use, and disposal.

                Sec. 212. ``Pollution prevention'' means ``source
                reduction'' as defined in the Pollution Prevention Act
                of 1990 (42 U.S.C. 13102), and other practices that
                reduce or eliminate the creation of pollutants through:
                (a) increased efficiency in the use of raw materials,
                energy, water, or other resources; or (b) protection of
                natural resources by conservation.

                Sec. 213. ``Biobased product'' means a commercial or
                industrial product (other than food or feed) that
                utilizes biological products or renewable domestic
                agricultural (plant, animal, and marine) or forestry
                materials.

                Sec. 214. ``Major procuring agencies'' shall include
                any executive agency that procures over $50 million per
                year of goods and services.

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

                Sec. 301. Committees, Executives, and Task Force. (a)
                Steering Committee. There is hereby established a
                Steering Committee on Greening the Government through
                Waste Prevention and Recycling (``Steering
                Committee''). The Steering Committee shall be composed
                of the Chair of the Council on Environmental Quality
                (CEQ), the Federal Environmental Executive (FEE), and
                the Administrator for Federal Procurement Policy
                (OFPP). The Steering Committee, which shall be chaired
                by the Chair of the CEQ, is directed to charter a Task
                Force to facilitate implementation of this order, and
                shall provide the Task Force with policy direction in
                such implementation.

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                    (b) Federal Environmental Executive. A Federal
                Environmental Executive, Environmental Protection
                Agency, shall be designated by the President. The FEE
                shall chair the Task Force described in subsection (c),
                take all actions necessary to ensure that the agencies
                comply with the requirements of this order, and
                generate a biennial report to the President.
                    (c) Task Force. The Steering Committee shall
                charter a Task Force on Greening the Government through
                Waste Prevention and Recycling (``Task Force''), which
                shall be chaired by the FEE and composed of staff from
                the major procuring agencies. The Steering Committee,
                in consultation with the agencies, shall determine the
                necessary staffing and resources for the Task Force.
                The major procuring agencies shall provide, to the
                extent practicable and permitted by law, resources and
                support to the Task Force and the FEE, upon request
                from the Steering Committee. The Task Force shall have
                the duty of assisting the FEE and the agencies in
                implementing this order, subject to policy direction
                provided by the Steering Committee. The Task Force
                shall report through the FEE to the Chair of the
                Steering Committee.
                    (d) Agency Environmental Executives (AEEs). Within
                90 days after the date of this order, the head of each
                major procuring agency shall designate an AEE from
                among his or her staff, who serves at a level no lower
                than the Assistant Secretary level or equivalent, and
                shall notify the Chair of CEQ and the FEE of such
                designation.

                Sec. 302. Duties. (a) The Federal Environmental
                Executive. The FEE, working through the Task Force, and
                in consultation with the AEEs, shall:

                    (1) Develop a Government-wide Waste Prevention and
                Recycling Strategic Plan (``Strategic Plan'') to
                further implement this order. The Strategic Plan should
                be initially developed within 180 days of the date of
                this order and revised as necessary thereafter. The
                Strategic Plan should include, but is not limited to,
                the following elements:

                 (a) direction and initiatives for acquisition of
                recycled and recyclable products and environmentally
                preferable products and services;
                 (b) development of affirmative procurement programs;
                 (c) review and revision of standards and product
                specifications;
                 (d) assessment and evaluation of compliance;
                 (e) reporting requirements;
                 (f) outreach programs to promote adoption of practices
                endorsed in this order; and
                 (g) development and implementation of new technologies
                that are of environmental significance.

                    (2) Prepare a biennial report to the President on
                the actions taken by the agencies to comply with this
                order. The report also may incorporate information from
                existing agency reports regarding Government-wide
                progress in implementing the following Executive
                Orders: 12843, Procurement Requirements and Policies
                for Federal Agencies for Ozone Depleting Substances;
                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 group
                of acquisition/procurement managers and environmental
                State, and local government managers to work with State
                and local governments to improve the Federal, State,
                and local governments' use of recycled products and
                environmentally preferable products and services.
                    (4) Coordinate appropriate Government-wide
                education and training programs for agencies.

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                    (5) Establish committees and work groups, as
                needed, to identify, assess, and recommend actions to
                be taken to fulfill the goals, responsibilities, and
                initiatives of the FEE. As these committees and work
                groups are created, agencies are requested to designate
                appropriate personnel in the areas of procurement and
                acquisition, standards and specifications, electronic
                commerce, facilities management, pollution prevention,
                waste prevention, recycling, and others as needed to
                staff and work on these initiatives. An initial group
                shall be established to develop recommendations for
                tracking and reporting requirements, taking into
                account the costs and benefits of such tracking and
                reporting. The Steering Committee shall consult with
                the AEEs before approving these recommendations.
                    (b) Agency Environmental Executives. The AEEs
                shall:
                    (1) translate the Government-wide Strategic Plan
                into specific agency and service plans;
                    (2) implement the specific agency and service
                plans;
                    (3) report to the FEE on the progress of plan
                implementation;
                    (4) work with the FEE and the Task Force in
                furthering implementation of this order; and
                    (5) track agencies' purchases of EPA-designated
                guideline items and report agencies' purchases of such
                guideline items to the FEE per the recommendations
                developed in subsection 302(a)(5) of this order. Agency
                acquisition and procurement personnel shall justify in
                writing to the file and to the AEE the rationale for
                not purchasing such items, above the micropurchase
                threshold (as set out in the Office of Federal
                Procurement Policy Act at 41 U.S.C. 428), and submit a
                plan and timetable for increasing agency purchases of
                the designated item(s).
                    (6) one year after a product is placed on the USDA
                Biobased Products List, estimate agencies' purchases of
                products on the list and report agencies' estimated
                purchases of such products to the Secretary of
                Agriculture.

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

                Sec. 401. Acquisition Planning. In developing plans,
                drawings, work statements, specifications, or other
                product descriptions, agencies shall consider, as
                appropriate, a broad range of factors including:
                elimination of virgin material requirements; use of
                biobased products; use of recovered materials; reuse of
                product; life cycle cost; recyclability; use of
                environmentally preferable products; waste prevention
                (including toxicity reduction or elimination); and
                ultimate disposal. These factors should be considered
                in acquisition planning for all procurement and in the
                evaluation and award of contracts, as appropriate.
                Program and acquisition managers should take an active
                role in these activities.

                Sec. 402. Affirmative Procurement Programs. (a) The
                head of each executive agency shall develop and
                implement affirmative procurement programs in
                accordance with section 6002 of RCRA (42 U.S.C. 6962)
                and this order and consider use of the procurement
                tools and methods described in 7 U.S.C. 5909. Agencies
                shall ensure that responsibilities for preparation,
                implementation, and monitoring of affirmative
                procurement programs are shared between the program
                personnel and acquisition and procurement personnel.
                For the purposes of all purchases made pursuant to this
                order, EPA, in consultation with such other executive
                agencies as appropriate, shall endeavor to maximize
                environmental benefits, consistent with price,
                performance, and availability considerations, and
                constraints imposed by law, and shall adjust
                solicitation guidelines as necessary in order to
                accomplish this goal.

                    (b) Agencies shall establish affirmative
                procurement programs for all EPA-designated guideline
                items purchased by their agency. For newly designated
                items, agencies shall revise their internal programs
                within 1 year from the date the EPA designated the new
                items.

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                    (c) Exclusive of the biobased products described in
                section 504, for the EPA-designated guideline items,
                which are contained in 40 CFR part 247, and for all
                future designated guideline items, agencies shall
                ensure that their affirmative procurement programs
                require 100 percent of their purchases of products to
                meet or exceed the EPA guideline unless written
                justification is provided that a product is not
                available competitively within a reasonable time frame,
                does not meet appropriate performance standards, or is
                only available at an unreasonable price. Written
                justification is not required for purchases below the
                micropurchase threshold. For micropurchases, agencies
                shall provide guidance regarding purchase of EPA-
                designated guideline items. This guidance should
                encourage consideration of aggregating purchases when
                this method would promote economy and efficiency.
                    (d) Within 90 days after the date of this order,
                the head of each executive agency that has not
                implemented an affirmative procurement program shall
                ensure that the affirmative procurement program has
                been established and is being implemented to the
                maximum extent practicable.

                Sec. 403. Federal Facility Compliance. (a) Within 6
                months of the date of this order, the Administrator of
                the EPA shall, in consultation with the Federal
                Environmental Executive, prepare guidance for use in
                determining Federal facility compliance with section
                6002 of RCRA and the related requirements of this
                order.

                    (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.
                    (c) Where inspections of Federal facilities are
                carried out by authorized States pursuant to RCRA and
                the Federal Facility Compliance Act, the Administrator
                of the EPA will encourage those States to include
                evaluation of facility compliance with section 6002 of
                RCRA in light of EPA guidance prepared pursuant to
                subsection (a), where appropriate, similar to
                inspections performed by the EPA. The EPA may provide
                information and technical assistance to the States to
                enable them to include such considerations in their
                inspection.
                    (d) The EPA shall report annually to the Federal
                Environmental Executive on the results of inspections
                performed by the EPA to determine Federal facility
                compliance with section 6002 of RCRA not later than
                February 1st for those inspections conducted during the
                previous fiscal year.

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

                Sec. 501. Specifications, Product Descriptions, and
                Standards. When developing, reviewing, or revising
                Federal and military specifications, product
                descriptions (including commercial item descriptions),
                and standards, executive agencies shall consider
                recovered materials and any environmentally preferable
                purchasing criteria developed by the EPA, and ensure
                the criteria are complied with in developing or
                revising standards. Agencies shall report annually to
                the FEE on their compliance with this section for
                incorporation into the biennial report to the President
                referred to in section 302(a)(2) of this order. (a) If
                an inconsistency with section 6002 of RCRA or this
                order is identified in a specification, standard, or
                product description, the FEE shall request that the
                Environmental Executive of the pertinent agency advise
                the FEE as to why the specification cannot be revised
                or submit a plan for revising it within 60 days.

                    (b) If an agency is able to revise an inconsistent
                specification but cannot do so within 60 days, it is
                the responsibility of that AEE to monitor and implement
                the plan for revising it.

                Sec. 502. Designation of Items that Contain Recovered
                Materials. In order to expedite the process of
                designating items that are or can be made with
                recovered materials, the EPA shall use the following
                process for designating these items in accordance with
                section 6002(e) of RCRA. (a) The EPA shall designate
                items that are or can be made with recovered material,
                by promul-

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                gating amendments to the Comprehensive Procurement
                Guideline (CPG). The CPG shall be updated every 2 years
                or as appropriate after an opportunity for public
                comment.

                    (b) Concurrent with the issuance of the CPG, the
                EPA shall publish for comment in the Federal Register
                Recovered Materials Advisory Notices that present the
                range of recovered materials content levels within
                which the designated items are currently available.
                These levels shall be updated periodically, after
                opportunity for public comment, to reflect changes in
                market conditions.
                    (c) Once items containing recovered materials have
                been designated by the EPA in the CPG, agencies shall
                modify their affirmative procurement programs to
                require that, to the maximum extent practicable, their
                purchases of products meet or exceed the EPA guidelines
                unless written justification is provided that a product
                is not available competitively, not available within a
                reasonable time frame, does not meet appropriate
                performance standards, or is only available at an
                unreasonable price.

                Sec. 503. Guidance on Acquisition of Environmentally
                Preferable Products and Services. (a) The EPA shall
                develop guidance within 90 days from the date of this
                order to address environmentally preferable purchasing.
                The guidance may be based on the EPA's September 1995
                Proposed Guidance on the Acquisition of Environmentally
                Preferable Products and Services and comments received
                thereon. The guidance should be designed for
                Government-wide use and targeted towards products and
                services that have the most effect. The guidance may
                also address the issues of use of the technical
                expertise of nongovernmental entities and tools such as
                life cycle assessment in decisions on environmentally
                preferable purchasing. The EPA shall update this
                guidance every 2 years, or as appropriate.

                    (b) Agencies are encouraged to immediately test and
                evaluate the principles and concepts contained in the
                EPA's Guidance on the Acquisition of Environmentally
                Preferable Products and Services through pilot projects
                to provide practical information to the EPA for further
                updating of the guidance. Specifically:
                    (1) These pilot projects shall be focused around
                those product and service categories, including
                printing, that have wide use within the Federal
                Government. Priorities regarding which product and
                service categories to pilot shall be developed by the
                individual agencies and the EPA, in consultation with
                the OFPP, the FEE, and the appropriate agency
                procurement executives. Any policy disagreements shall
                be resolved by the Steering Committee.
                    (2) Agencies are encouraged to use all of the
                options available to them to determine the
                environmentally preferable attributes of products and
                services in their pilot and demonstration projects,
                including the use of technical expertise of
                nongovernmental entities such as labeling,
                certification, or standards-developing organizations,
                as well as using the expertise of the National
                Institute of Standards and Technology.
                    (3) Upon request and to the extent practicable, the
                EPA shall assist executive agencies in designing,
                implementing, and documenting the results of these
                pilot and demonstration projects.
                    (4) The EPA, in coordination with other executive
                agencies, shall develop a database of information about
                these projects, including, but not limited to, the
                number and status of pilot projects, examples of
                agencies' policy directives, revisions to
                specifications, solicitation procedures, and grant/
                contract policies that facilitate adoption of
                environmentally preferable purchasing practices, to be
                integrated on a commonly available electronic medium
                (e.g., Internet Web site). These data are to be
                reported to the FEE.
                    (c) Executive agencies shall use the principles and
                concepts in the EPA Guidance on Acquisition of
                Environmentally Preferable Products and Services, in
                addition to the lessons from the pilot and
                demonstration projects, to the maximum extent
                practicable, in identifying and purchasing environ-

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                mentally preferable products and services and shall
                modify their procurement programs as appropriate.

                Sec. 504. Designation of Biobased Items by the USDA.
                The USDA Biobased Products Coordination Council shall,
                in consultation with the FEE, issue a Biobased Products
                List. (a) The Biobased Products List shall be published
                in the Federal Register by the USDA within 180 days
                after the date of this order and shall be updated
                biannually after publication to include additional
                items.

                    (b) Once the Biobased Products List has been
                published, agencies are encouraged to modify their
                affirmative procurement program to give consideration
                to those products.

                Sec. 505. Minimum Content Standard for Printing and
                Writing Paper. Executive agency heads shall ensure that
                their agencies meet or exceed the following minimum
                materials content standards when purchasing or causing
                the purchase of printing and writing paper: (a) For
                high speed copier paper, offset paper, forms bond,
                computer printout paper, carbonless paper, file
                folders, white wove envelopes, writing and office
                paper, book paper, cotton fiber paper, and cover stock,
                the minimum content standard shall be no less than 30
                percent postconsumer materials beginning December 31,
                1998. If paper containing 30 percent postconsumer
                material is not reasonably available, does not meet
                reasonable performance requirements, or is only
                available at an unreasonable price, then the agency
                shall purchase paper containing no less than 20 percent
                postconsumer material. The Steering Committee, in
                consultation with the AEEs, may revise these levels if
                necessary.

                    (b) As an alternative to meeting the standards in
                sections 505(a), for all printing and writing papers,
                the minimum content standard shall be no less than 50
                percent recovered materials that are a waste material
                byproduct of a finished product other than a paper or
                textile product that would otherwise be disposed of in
                a landfill, as determined by the State in which the
                facility is located.
                    (c) Effective January 1, 1999, no executive branch
                agency shall purchase, sell, or arrange for the
                purchase of, printing and writing paper that fails to
                meet the minimum requirements of this section.

                Sec. 506. Revision of Brightness Specifications and
                Standards. The GSA and other executive agencies are
                directed to identify, evaluate, and revise or eliminate
                any standards or specifications unrelated to
                performance that present barriers to the purchase of
                paper or paper products made by production processes
                that minimize emissions of harmful byproducts. This
                evaluation shall include a review of unnecessary
                brightness and stock clause provisions, such as lignin
                content and chemical pulp requirements. The GSA shall
                complete the review and revision of such specifications
                within 6 months after the date of this order, and shall
                consult closely with the Joint Committee on Printing
                during such process. The GSA shall also compile any
                information or market studies that may be necessary to
                accomplish the objectives of this provision.

                Sec. 507. Procurement of Re-refined Lubricating Oil and
                Retread Tires. (a) Agencies shall implement the EPA
                procurement guidelines for re-refined lubricating oil
                and retread tires. Fleet and commodity managers shall
                take immediate steps, as appropriate, to procure these
                items in accordance with section 6002 of RCRA. 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

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                ensure that the established goals include long-range
                goals to be achieved by the years 2005 and 2010. These
                goals shall be submitted to the FEE within 180 days
                after the date of this order. (2) In addition to white
                paper, mixed paper/cardboard, aluminum, plastic, and
                glass, agencies should incorporate into their recycling
                programs efforts to recycle, reuse, or refurbish
                pallets and collect toner cartridges for
                remanufacturing. Agencies should also include programs
                to reduce or recycle, as appropriate, batteries, scrap
                metal, and fluorescent lamps and ballasts.

                    (b) Agencies shall set goals to increase the
                procurement of products that are made with recovered
                materials, in order to maximize the number of recycled
                products purchased, relative to non-recycled
                alternatives.
                    (c) Each agency shall set a goal for increasing the
                use of environmentally preferable products and services
                for those products and services for which the agency
                has completed a pilot program.
                    (d) Agencies are encouraged to incorporate into
                their Government Performance 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 budget.
                    (e) Progress on attaining these goals should be
                reported by the agencies to the FEE for the biennial
                report specified in section 302(a)(2) of this order.

                PART 7--APPLICABILITY AND OTHER REQUIREMENTS

                Sec. 701. Contractor Applicability. Contracts that
                provide for contractor operation of a Government-owned
                or -leased facility and/or contracts that provide for
                contractor or other support services at Government-
                owned or -operated facilities awarded by executive
                agencies after the date of this order, shall include
                provisions that obligate the contractor to comply with
                the requirements of this order within the scope of its
                operations.

                Sec. 702. Real Property Acquisition and Management.
                Within 90 days after the date of this order, and to the
                extent permitted by law and where economically
                feasible, executive agencies shall ensure compliance
                with the provisions of this order in the acquisition
                and management of Federally owned and leased space. The
                GSA and other executive agencies shall also include
                environmental and recycling provisions in the
                acquisition and management of all leased space and in
                the construction of new Federal buildings.

                Sec. 703. Retention of Funds. (a) The Administrator of
                General Services shall continue with the program that
                retains for the agencies the proceeds from the sale of
                materials recovered through recycling or waste
                prevention programs and specifying the eligibility
                requirements for the materials being recycled.

                    (b) Agencies in non-GSA managed facilities, to the
                extent permitted by law, should develop a plan to
                retain the proceeds from the sale of materials
                recovered through recycling or waste prevention
                programs.

                Sec. 704. Model Facility Programs. Each executive
                agency shall establish a model demonstration program
                incorporating some or all of the following elements as
                appropriate. Agencies are encouraged to demonstrate and
                test new and innovative approaches such as
                incorporating environmentally preferable and bio-based
                products; increasing the quantity and types of products
                containing recovered materials; expanding collection
                programs; implementing source reduction programs;
                composting organic materials when feasible; and
                exploring public/private partnerships to develop
                markets for recovered materials.

                Sec. 705. Recycling Programs. (a)(1) Each executive
                agency that has not already done so shall initiate a
                program to promote cost-effective waste prevention and
                recycling of reusable materials in all of its
                facilities. The recycling programs implemented pursuant
                to this section must be compatible with applicable
                State and local recycling requirements.

[[Page 49651]]

                    (2) Agencies shall designate a recycling
                coordinator for each facility or installation. The
                recycling coordinator shall implement or maintain waste
                prevention and recycling programs in the agencies'
                action plans.
                    (b) Executive agencies shall also consider
                cooperative ventures with State and local governments
                to promote recycling and waste reduction in the
                community.

                Sec. 706. Review of Implementation. The President's
                Council on Integrity and Efficiency shall request that
                the Inspectors General periodically review agencies'
                implementation of this order.

                PART 8--AWARENESS

                Sec. 801. Training. (a) Within 180 days of the date of
                this order, the FEE and OFPP should evaluate the
                training courses provided by the Federal Acquisition
                Institute and the Defense Acquisition University and
                recommend any appropriate curriculum changes to ensure
                that procurement officials are aware of the
                requirements of this order.

                    (b) Executive agencies shall provide training to
                program management and requesting activities as needed
                to ensure awareness of the requirements of this order.

                Sec. 802. Internal Agency Awards Programs. Each agency
                shall develop an internal agency-wide awards program,
                as appropriate, to reward its most innovative
                environmental programs. Among others, winners of
                agency-wide awards will be eligible for the White House
                Awards Program.

                Sec. 803. White House Awards Program. A Government-wide
                award will be presented annually by the White House to
                the best, most innovative programs implementing the
                objectives of this order to give greater visibility to
                these efforts so that they can be incorporated
                Government-wide. The White House Awards Program will be
                administered jointly by the FEE and the CEQ.

                PART 9--REVOCATION, LIMITATION, AND IMPLEMENTATION

                Sec. 901. Executive Order 12873 of October 20, 1993, is
                hereby revoked.

                Sec. 902. This order is intended only to improve the
                internal management of the executive branch and is not
                intended to create any right, benefit, or trust
                responsibility, substantive or procedural, enforceable
                at law by a party against the United States, its
                agencies, its officers, or any other person.

                Sec. 903. The policies and direction expressed in the
                EPA guidance to be developed pursuant to section 503 of
                this order shall be implemented and incorporated in the
                Federal Acquisition Regulation within 180 days after
                issuance of the guidance.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 14, 1998.

[FR Doc. 98-25023
Filed 9-15-98; 11:21 am]
Billing code 3195-01-P

 
 


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