[Weekly Compilation of Presidential Documents Volume 29, Number 16 (Monday, April 26, 1993)]
[Pages 638-640]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12843--Procurement Requirements and Policies for Federal 
Agencies for Ozone-Depleting Substances

 April 21, 1993

    Whereas, the essential function of the stratospheric ozone layer is 
shielding the Earth from dangerous ultraviolet radiation; and
    Whereas, the production and consumption of substances that cause the 
depletion of stratospheric ozone are being rapidly phased out on a 
worldwide basis with the support and encouragement of the United States; 
and
    Whereas, the Montreal Protocol on Substances that Deplete the Ozone 
Layer, to which the United States is a signatory, calls for a phaseout 
of the production and consumption of these substances; and
    Whereas, the Federal Government, as one of the principal users of 
these substances, is able through affirmative procurement practices to 
reduce significantly the use of these substances and to provide 
leadership in their phaseout; and
    Whereas, the use of alternative substances and new technologies to 
replace these ozone-depleting substances may contribute positively to 
the economic competitiveness on the world market of U.S. manufacturers 
of these innovative safe alternatives:
    Now, Therefore, I, William Jefferson Clinton, by the authority 
vested in me as President by the Constitution and the laws of the United 
States of America, including the 1990 amendments to the Clean Air Act 
(``Clean Air Act Amendments''), Public Law 101-549, and in order to 
reduce the Federal Government's procurement and use of substances that 
cause stratospheric ozone depletion, do hereby order as follows:
    Section 1. Federal Agencies. Federal agencies shall, to the extent 
practicable:
    (a) conform their procurement regulations and practices to the 
policies and requirements of Title VI of the Clean Air Act Amendments, 
which deal with stratospheric ozone protection;
    (b) maximize the use of safe alternatives to ozone-depleting 
substances;
    (c) evaluate the present and future uses of ozone-depleting 
substances, including making assessments of existing and future needs 
for such materials and evaluate their use of and plans for recycling;
    (d) revise their procurement practices and implement cost-effective 
programs both to modify specifications and contracts that require the 
use of ozone-depleting substances and to substitute non-ozone-depleting 
substances to the extent economically practicable; and
    (e) exercise leadership, develop exemplary practices, and 
disseminate information on successful efforts in phasing out ozone-
depleting substances.
    Sec. 2. Definitions. (a) ``Federal agency'' means any executive 
department, military department, or independent agency within the 
meaning of 5 U.S.C. 101, 102, or 104(1), respectively.
    (b) ``Procurement'' and ``acquisition'' are used interchangeably to 
refer to the processes through which Federal agencies purchase products 
and services.
    (c) ``Procurement regulations, policies and procedures'' encompasses 
the complete acquisition process, including the generation of product 
descriptions by individuals responsible for determining which substances 
must be acquired by the agency to meet its mission.
    (d) ``Ozone-depleting substances'' means the substances controlled 
internationally under the Montreal Protocol and nationally under Title 
VI of the Clean Air Act Amendments. This includes both Class I and Class 
II substances as follows:
    (i) ``Class I substance'' means any substance designated as Class I 
in the Federal Register notice of July 30, 1992 (57 Fed. Reg. 33753), 
including chlorofluorocarbons, halons, carbon tetrachloride, and methyl 
chloroform and any other substance so des- 

[[Page 639]]

ignated by the Environmental Protection Agency (``EPA'') by regulation 
at a later date; and
    (ii) ``Class II substance'' means any substance designated as Class 
II in the Federal Register notice of July 30, 1992 (57 Fed. Reg. 33753), 
including hydrochlorofluorocarbons and any other substances so 
designated by EPA by regulation at a later date.
    (e) ``Recycling'' is used to encompass recovery and reclamation, as 
well as the reuse of controlled substances.
    Sec. 3. Policy. It is the policy of the Federal Government that 
Federal agencies: (i) implement cost-effective programs to minimize the 
procurement of materials and substances that contribute to the depletion 
of stratospheric ozone; and (ii) give preference to the procurement of 
alternative chemicals, products, and manufacturing processes that reduce 
overall risks to human health and the environment by lessening the 
depletion of ozone in the upper atmosphere. In implementing this policy, 
prior to final promulgation of EPA regulations on Federal procurement, 
Federal agencies shall begin conforming their procurement policies to 
the general requirements of Title VI of the Clean Air Act Amendments by:
    (a) minimizing, where economically practicable, the procurement of 
products containing or manufactured with Class I substances in 
anticipation of the phaseout schedule to be promulgated by EPA for Class 
I substances, and maximizing the use of safe alternatives. In developing 
their procurement policies, agencies should be aware of the phaseout 
schedule for Class II substances;
    (b) amending existing contracts, to the extent permitted by law and 
where practicable, to be consistent with the phaseout schedules for 
Class I substances. In awarding contracts, agencies should be aware of 
the phaseout schedule for Class II substances in awarding contracts;
    (c) implementing policies and practices that recognize the 
increasingly limited availability of Class I substances as production 
levels capped by the Montreal Protocol decline until final phaseout. 
Such practices shall include, but are not limited to:
    (i) reducing emissions and recycling ozone-depleting substances;
    (ii) ceasing the purchase of nonessential products containing or 
manufactured with ozone-depleting substances; and
    (iii) requiring that new contracts provide that any acquired 
products containing or manufactured with Class I or Class II substances 
be labeled in accordance with section 611 of the Clean Air Act 
Amendments.
    Sec. 4. Responsibilities. Not later than 6 months after the 
effective date of this Executive order, each Federal agency, where 
feasible, shall have in place practices that, where economically 
practicable, minimize the procurement of Class I substances. Agencies 
also shall be aware of the phaseout schedule for Class II substances. 
Agency practices may include, but are not limited to:
    (a) altering existing equipment and/or procedures to make use of 
safe alternatives;
    (b) specifying the use of safe alternatives and of goods and 
services, where available, that do not require the use of Class I 
substances in new procurements and that limit the use of Class II 
substances consistent with section 612 of the Clean Air Act Amendments; 
and
    (c) amending existing contracts, to the extent permitted by law and 
where practicable, to require the use of safe alternatives.
    Sec. 5. Reporting Requirements. Not later than 6 months after the 
effective date of this Executive order, each Federal agency shall submit 
to the Office of Management and Budget a report regarding the 
implementation of this order. The report shall include a certification 
by each agency that its regulations and procurement practices are being 
amended to comply with this order.
    Sec. 6. Exceptions. Exceptions to compliance with this Executive 
order may be made in accordance with section 604 of the Clean Air Act 
Amendments and with the provisions of the Montreal Protocol.
    Sec. 7. Effective Date. This Executive order is effective 30 days 
after the date of issuance. Although full implementation of this order 
must await revisions to the Federal Acquisition Regulations (``FAR''), 
it is expected that Federal agencies will take all appropriate actions 
in the interim to implement those aspects of the order that are not 
dependent upon regulatory revision.

[[Page 640]]

    Sec. 8. Federal Acquisition Regulatory Councils. Pursuant to section 
6(a) of the Office of Federal Procurement Policy Act, as amended, 41 
U.S.C. 405(a), the Defense Acquisition Regulatory Council and the 
Civilian Agency Acquisition Council shall ensure that the policies 
established herein are incorporated in the FAR within 180 days from the 
date this order is issued.
    Sec. 9. Judicial Review. This order does not create any right or 
benefit, substantive or procedural, enforceable by a non-Federal party 
against the United States, its officers or employees, or any other 
person.
                                            William J. Clinton
The White House,
April 21, 1993.

[Filed with the Office of the Federal Register, 10:18 a.m., April 22, 
1993]

Note: This Executive order was published in the Federal Register on 
April 23.