Federal Acquisition And Community Right-To-Know THE WHITE HOUSE
Office of the Press Secretary
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For Immediate Release
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August 8, 1995
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The Emergency Planning and
Community Right-to-Know Act of 1986 (42 U.S.C. 11001-11050) ("Epcra") and the Pollution Prevention
Act of 1990 (42 U.S.C. 13101-13109) ("Ppa") established programs
to protect public health and the environment by providing the public
with important information on the toxic chemicals being released into
the air, land, and water in their communities by manufacturing facilities. The Toxics Release Inventory
("Tri") established pursuant
to section 313(j) of Epcra, 42 U.S.C. 11023(j), based on information
required to be reported under section 313 of Epcra and section
6607 of Ppa, 42 U.S.C. 13106, provides the public, industry, and Federal,
State, and local governments with a basic tool for making risk-based
decisions about management and control of toxic chemicals, that can have
significant adverse effects on human health and the environment. Tri
data allow the public, industry, and government to gauge the progress
of industry and government efforts to reduce toxic chemical wastes. Sharing vital Tri information with the public has provided a strong
incentive for reduction in the generation, and, ultimately, release into
the environment, of toxic chemicals. Since the inception of the Tri program,
reported releases to the environment under Tri have decreased significantly. The efficiency of the Federal Government is served when it purchases
high quality supplies and services that have been produced with a minimum
impact on the public health and environment of communities surrounding
government contractors. Savings associated with reduced raw materials
usage, reduced use of costly, inefficient end-of-pipeline pollution controls,
and reduced liability and remediation costs from worker and community
claims all serve to increase the economic and efficient provision of
essential supplies and services to the government. As a result of Tri
reporting, many manufacturers have learned of previously unrecognized
significant efficiencies and cost savings in their production processes. The Federal Government's receipt of timely and quality supplies and
services is also served by the general enhancement of relations between
government contractors and the communities in which they are situated,
as well as the cooperative working relationship between employers and
employees who may be subject to exposure to toxic materials. Information concerning chemical release and transfer can assist the
government to purchase efficiently produced, lower cost, and higher quality
supplies and services that also have a minimum adverse impact on community
health and the environment. Now, Therefore, to promote economy and efficiency in government procurement
of supplies and services, and by the authority vested in me as President
by the Constitution and the laws of the United States of America, including Epcra,
42 U.S.C. 11001 et seq., Ppa, 42 U.S.C. 13101 et seq., 40 U.S.C. 471
and 486(a), and 3 U.S.C. 301, it is hereby ordered as follows: Section 1. Policy. It is the policy of the executive branch in procuring supplies and services
that, to ensure the economical and efficient procurement of Federal Government
contracts, Federal agencies, to the greatest extent practicable, shall
contract with companies that report in a public manner on toxic chemicals
released to the environment. Sec. 2. Definitions. 2-201. All definitions found in Epcra and Ppa and implementing
regulations are incorporated into this order by reference, with the following
exceptions for purposes of this order. 2-202. "Federal agency" means an "Executive agency," as
defined in 5 U.S.C. 105. For purposes of this order, military departments,
as defined in 5 U.S.C. 102, are covered under the auspices of the Department
of Defense. 2-203. "Acquisition" means
the acquiring by contract with appropriated funds of 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 the Federal department or 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. 2-204. "Toxic chemical" means
a substance on the list described in section 313(c) of Epcra, 42 U.S.C. 11023(c), as it exists on
the effective date of this order. 2-205. "Administrator" means the Administrator of the United
States Environmental Protection Agency ("Epa"). 2-206. "Federal contractor" means
an entity that has submitted the successful bid or proposal in response
to a competitive acquisition
solicitation. Sec. 3. Applicability. 3-301. Each Federal agency
shall, to the maximum extent practicable, include in contract solicitations
as an eligibility criterion for the
award of competitive acquisition contracts expected to equal or exceed
$100,000 with the Federal contractors described in subsection 3-302,
the requirement that such contractors must file (and continue to file
for the life of the contract) a Toxic Chemical Release Form ("Form
R"), as described in sections 313(a) and (g) of Epcra, 42
U.S.C. 11023(a) and (g), for each toxic chemical manufactured, processed,
or otherwise used by the Federal contractor at a facility, as described
in section 313 of Epcra, 42 U.S.C. 11023, and section 6607 of
Ppa, 42 U.S.C. 13106. 3-302. The Federal contractors subject to the eligibility criterion
described in subsection 3-301 above are those who currently report to
the Tri pursuant to section 313(b)(1)(A) of Epcra, 42 U.S.C. 11023(b)(1)(A),
that is, manufacturers having Standard Industrial Classification Code
("Sic") designations of 20 through 39 (as in effect on July
1, 1985). 3-303. Each Federal agency shall find that a prospective Federal contractor
has satisfied the requirement in subsection 3-301 if the contractor certifies
in a solicitation that it:
- (a) Does not manufacture, process, or otherwise use any toxic chemicals
listed under section 313(c) of Epcra, 42 U.S.C. 11023(c);
- (b) Does not have 10 or more full-time employees as specified in
section 313(b)(1)(A) of Epcra, 42 U.S.C. 11023(b)(1)(A);
- (c) Does not meet the reporting thresholds established under section
313(f) of the Epcra, 42 U.S.C. 11023(f); or
- (d) Has complied fully with the reporting requirements of subsection
4-404.
3-304. Each Federal agency shall require the filings described in subsection
3-301 above to include information on all chemicals identified by the
Administrator pursuant to section 313(c) of Epcra, 42 U.S.C. 11023(c),
as of the date of this order. 3-305. Each Federal agency may amend existing contracts, to the extent
permitted by law and where practicable, to require the reporting of information
specified in subsection 3-301 above. 3-306. As consistent with Title Iv of the Federal Acquisition Streamlining
Act of 1994 (Fasa), Public Law 103-355, and section 4(11) of the Office
of Federal Procurement Policy Act, 41 U.S.C. 403(11), the requirements
of this order are only applicable to competitive acquisition contracts
expected to equal or exceed $100,000. Sec. 4. Implementation. 4-401. Not later than September 30, 1995, the Epa shall publish in the
Federal Register guidance for compliance with this order, including applicability
with respect to subcontractors. 4-402. Within 30 days of the issuance of the guidance provided for in
subsection 4-401 above, each Federal agency shall include in all acquisition
solicitations issued on or after the effective date of this order, the
provisions necessary to effect this order. 4-403. For all contracts expected to exceed $500,000, each Federal agency
shall consult with the Administrator or the Administrator's designee
when the agency believes it is not practicable to include the eligibility
requirement of section 3-301 in the contract solicitation or award. 4-404. Each Federal agency shall require each Federal contractor designated
in subsection 3-302 above to:
- (a) Have included in its response to the contract solicitation a
certification, as specified in the guidelines published pursuant to
subsection 4-401 of this order, that it will (if awarded the contract)
comply with the requirements of subsection 3-301; and
- (b) File with the Administrator and each appropriate State pursuant
to section 313(a) of Epcra, 42 U.S.C. 11023(a), the information
required by subsection 3-301, beginning on the next July 1 after the
date on which the contract is awarded.
4-405. Information submitted to the Epa pursuant to subsection 4-404(b)
above shall be subject to the trade secret protections provided by section
322 of Epcra, 42 U.S.C. 11042. Information that is not trade secret
shall be made available to the public pursuant to sections 313(h) and
(j) of Epcra, 42 U.S.C. 11023(h) and (j). The Administrator is
directed to review reports submitted pursuant to this order to determine
the appropriateness of any claims for trade secret protection. 4-406. When the Administrator determines that a Federal contractor has
not filed the necessary forms or complete information as required by
subsection 3-301 above, the Administrator or the Administrator's designee
may recommend termination of the contract for convenience. The Administrator
shall transmit that recommendation to the head of the contracting agency,
and that agency shall consider the recommendation and determine whether
to terminate the contract. In carrying out this responsibility, the Administrator
may investigate any subject Federal contractor to determine the adequacy
of compliance with the provisions of this order and the Administrator's
designee may hold such hearings, public or private, as the Administrator
deems advisable to assist in the Administrator's determination of compliance. 4-407. Each contracting agency shall cooperate with the Administrator
and provide such information and assistance as the Administrator may
require in the performance of the Administrator's functions under this
order. 4-408. Upon request and to the extent practicable, the Administrator
shall provide technical advice and assistance to Federal agencies in
order to assist in full compliance with this order. Sec 5. General Provisions. 5-501. The requirements of this order shall be implemented and incorporated
in acquisition regulations, including the Federal Acquisition Regulations
(Far), within 90 days after the effective date of this order. 5-502. This order is not intended, and should not be construed, to create
any right or benefit, substantive or procedural, enforceable at law by
a party against the United States, its agencies, it officers, or its
employees. This order is not intended, however, to preclude judicial
review of final agency decisions in accordance with the Administrative
Procedure Act, 5 U.S.C. 701 et seq. 5-503. This order shall be effective immediately and shall continue
to be in effect until revoked. William J. Clinton The White House,
August 8, 1995.
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