EO 12969
Effective Date: August 08, 1995

Responsible Office: Office of Procurement


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

     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, proceeded, 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 313(c) of EPCRA, 42 U.S.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.

     (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 
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 Federal contractor
designated in subsection 3-302 above to:

          (a) Having 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 his
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

     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

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, its 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.

                         /s/William J. Clinton

August 8, 1995 


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