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42 U.S.C. § 7606Federal procurement

submitted 71 years ago by Pub. L. 91-604 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 322 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal agencies cannot contract with anyone convicted of a Clean Air Act violation for work at the facility where the violation occurred, until the EPA certifies the problem is fixed. The President must order all federal agencies to factor clean-air compliance into their contracts and grants, though the President can exempt specific contracts when it serves the national interest.

(a) Contracts with violators prohibited: No federal agency may contract with anyone convicted of an offense under section 7413(c) to procure goods, materials, or services performed at the facility where the violation that caused the conviction occurred, if that person owns, leases, or supervises the facility. This ban continues until the Administrator certifies that the condition causing the conviction has been fixed. For convictions under section 7413(c)(2), that condition also includes any substantive violation of this chapter connected to the section 7413(c)(2) violation. The Administrator may extend this ban to other facilities the convicted person owns or operates. (b) Notification procedures: The Administrator must set up procedures to give all federal agencies the notification needed for subsection (a) to work. (c) Federal agency contracts: To carry out this chapter's purpose of protecting and improving the nation's air quality, the President must, within 180 days of December 31, 1970, issue an order that (1) requires every federal agency that awards contracts, or that gives federal assistance through grants, loans, or contracts, to carry out this chapter's purpose in its contracting and assistance activities, and (2) sets out procedures, sanctions, penalties, and other provisions the President finds necessary to carry out that requirement. (d) Exemptions; notification to Congress: The President may exempt any contract, loan, or grant from all or part of this section if the President decides the exemption is necessary in the paramount interest of the United States, and must notify Congress of any such exemption.
the actual law source: uscode.house.gov ↗public domain
(a) Contracts with violators prohibited

No Federal agency may enter into any contract with any person who is convicted of any offense under section 7413(c) of this title for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under section 7413(c)(2) of this title, the condition giving rise to the conviction also shall be considered to include any substantive violation of this chapter associated with the violation of 7413(c)(2) of this title. The Administrator may extend this prohibition to other facilities owned or operated by the convicted person.

(b) Notification procedures

The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a).

(c) Federal agency contracts

In order to implement the purposes and policy of this chapter to protect and enhance the quality of the Nation’s air, the President shall, not more than 180 days after December 31, 1970, cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this chapter in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement.

(d) Exemptions; notification to Congress

The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

Source credit: (July 14, 1955, ch. 360, title III, § 306, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 101–549, title VII, § 705, Nov. 15, 1990, 104 Stat. 2682.)

history & why it existsrecord from the source credit
  • 1955Enacted · Pub. L. 91-604 · 84 Stat. 1707
  • 1990Amended · Pub. L. 101-549 · 104 Stat. 2682

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-604 on 1955-07-14.

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