THE WHITE HOUSE
  
                    Office of the Press Secretary
  
  _______________________________________________________________
  
  For Immediate Release
        April 21, 1993
                       EXECUTIVE ORDER 12843
  
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          PROCUREMENT REQUIREMENTS AND POLICIES FOR FEDERAL
               AGENCIES FOR OZONE-DEPLETING SUBSTANCES
  
  
       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 phase out 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 phase out; 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
  
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       (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 designated 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 phase out 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 phase out schedule for 
  Class II substances;
  
       (b)  amending existing contracts, to the extent permitted 
  by law and where practicable, to be consistent with the phase out 
  schedules for Class I substances.  In awarding contracts, 
  agencies should be aware of the phase out schedule for Class II 
  substances in awarding contracts;
  
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       (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 phase out.  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 
  phase out 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.
  
       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.
  
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       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.