[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1819 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1819
To promote research on, and development, acquisition, and use of,
environmentally efficient materials in the construction, repair, and
maintenance of Federal buildings.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 1993
Mr. Fingerhut introduced the following bill; which was referred jointly
to the Committees on Science, Space, and Technology and Public Works
and Transportation
_______________________________________________________________________
A BILL
To promote research on, and development, acquisition, and use of,
environmentally efficient materials in the construction, repair, and
maintenance of Federal buildings.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Environmentally Efficient
Building Materials Act of 1993''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``agency'' means an Executive agency as
defined under section 105 of title 5, United States Code, and
any agency of the judicial branch of Government.
(3) The term ``environmentally efficient materials'' means
any recycled, recovered, reclaimed, or reused material whose
production, manufacture, fabrication, and use conserves and
preserves natural resources when compared to the production,
manufacture, fabrication, and use of comparable, more
conventional materials.
(4) The term ``environmentally efficient building
materials'' means any environmentally efficient material which
may be used in the construction of a building or facility.
(5) The term ``solid waste'' means any garbage, refuse,
sludge from a waste treatment plant, water supply treatment
plant, or air pollution control facility and other discarded
material, including solid, liquid, semisolid, or contained
gaseous material resulting from industrial, commercial, mining,
and agricultural operations, and from community activities, but
does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources subject
to permits under section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) or source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).
(6) The term ``construction'' with respect to any project
of construction under this Act, means (A) the erection or
building of new structures and acquisition of lands or
interests therein, or the acquisition, replacement, expansion,
remodeling, alteration, modernization, or extension of existing
structures, and (B) the acquisition and installation of initial
equipment of, or required in connection with, new or newly
acquired structures or the expanded, remodeled, altered,
modernized or extended part of existing structures (including
trucks and other motor vehicles, and tractors, cranes, and
other machinery) necessary for the proper utilization and
operation of the facility after completion of the project; and
includes preliminary planning to determine the economic and
engineering feasibility and the public health and safety
aspects of the project, the engineering, architectural, legal,
fiscal, and economic investigations and studies, and any
surveys, designs, plans, working drawings, specifications, and
other action necessary for the carrying out of the project, and
(C) the inspection and supervision of the process of carrying
out the project to completion.
SEC. 3. FEDERAL ACQUISITION AND USE OF ENVIRONMENTALLY EFFICIENT
BUILDING MATERIALS.
(a) Demonstration of Acquisition and Use of Materials.--Not later
than 90 days after the date of the enactment of this Act, the
Administrator shall establish a 3-year pilot program to promote
research on, and development of, environmentally efficient building
materials through demonstration of the acquisition and use of
environmentally efficient building materials in the construction of new
Federal facilities and buildings and in existing Federal facilities and
buildings. In carrying out the pilot program, the Administrator shall
take into consideration the advice and recommendations of the
Environmentally Efficient Building Material Advisory Board established
under section 5.
(b) Selection Criteria.--In selecting environmentally efficient
building materials, the Administrator shall use the criteria of--
(1) maximizing the conservation and preservation of natural
resources;
(2) ensuring that the materials are similar in quality and
durability to comparable, more conventional materials;
(3) ensuring that the materials are cost competitive with
comparable, more conventional materials on a life-cycle cost
basis;
(4) ensuring that the materials meet appropriate
environmental, public health, and safety standards; and
(5) ensuring that the materials meet appropriate standards
for energy efficiency.
(c) Preferences Among Environmentally Efficient Building
Materials.--When making choices between comparable environmentally
efficient building materials that meet all the criteria under
subsection (b), the Administrator shall give preference to those
materials that best satisfy the criteria under subsection (b)(1).
SEC. 4. REPORT.
Not later than 30 days after completion of the pilot program
established under section 3, the Administrator shall submit to Congress
a report on its implementation. Such a report shall include--
(1) a listing of the type and quantities of environmentally
efficient building materials used;
(2) the cost and performance of such materials compared to
comparable, more conventional materials;
(3) an assessment of the extent to which the acquisition
and use of such materials can be expanded beyond the scope of
the pilot program;
(4) an assessment of how well the materials meet the
criteria under section 3(b); and
(5) an assessment of the extent to which research on, and
development of, such materials occurred as a result of the
pilot program and the extent to which further support is needed
to stimulate such research and development.
SEC. 5. ENVIRONMENTALLY EFFICIENT BUILDING MATERIAL ADVISORY BOARD.
(a) Establishment.--There is established the Environmentally
Efficient Building Material Advisory Board (hereafter in this section
referred to as the ``Board''). The Board shall consist of 11 members
appointed by the Administrator of whom--
(1) one shall be a representative from the Environmental
Protection Agency;
(2) one shall be a representative from the General Services
Administration;
(3) one shall be a representative from the Army Corps of
Engineers;
(4) two shall be representatives from the environmental
community;
(5) two shall be representatives from the construction
industry, of whom at least one shall be from a small business;
(6) two shall be representatives from manufacturing
companies that produce environmentally efficient materials, of
whom at least one shall be from a small business; and
(7) two shall be representatives from the scientific and
technical community.
(b) Duties.--The Board shall--
(1) provide advice and recommendations to the Administrator
on the implementation of the pilot program established under
section (3);
(2) advise the Administrator on the latest research on, and
development of, environmentally efficient building materials
and design and how such research and development may be
incorporated into the construction of Federal buildings;
(3) make recommendations to the Administrator on actions
needed to further facilitate the research on, and development,
acquisition, and use of, environmentally efficient materials in
Federal construction; and
(4) make recommendations to the Administrator on actions
needed to minimize the generation of solid waste in the
construction of Federal buildings and facilities.
(c) Chairman.--The Administrator shall serve as Chairman of the
Board and shall be a voting member.
(d) Meetings.--The Board shall meet on a quarterly basis. The Board
shall comply with the provisions of the Federal Advisory Committee Act
(5 U.S.C. App.).
(e) Appointments.--No later than 90 days after the date of the
enactment of this Act, the Administrator shall make the initial
appointments to the Board. The appointees shall serve until the Board's
termination.
(f) Hearings.--The Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Board considers advisable to carry out the purposes of this Act.
(g) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out the provisions of this Act. Upon
request of the Chairman of the Board, the head of such department or
agency shall furnish such information to the Board.
(h) Postal Services.--The Board may use the United States mail in
the same manner and under the same conditions as other departments and
agencies of the Federal Government.
(i) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property for purposes of carrying out its
duties under this section.
(j) Compensation of Members.--Each member of the Board who is not
an officer or employee of the Federal Government shall be compensated
at a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the duties of
the Board. All members of the Board who are officers or employees of
the United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(k) Travel Expenses.--The members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
(l) Staff.--(1) The Chairman of the Board may, without regard to
the civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Board to perform its duties. The employment of
an executive director shall be subject to confirmation by the Board.
(2) The Chairman of the Board may fix the compensation of the
executive director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(m) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Board without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(n) Procurement of Temporary and Intermittent Services.--The
Chairman of the Board may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
(o) Report.--(1) Taking into consideration the results of the pilot
program established under section 3, the Board shall submit a report to
Congress and the Administrator that--
(A) makes recommendations on actions needed to further
facilitate the research on, and development, acquisition, and
use of, environmentally efficient materials in Federal
construction;
(B) makes recommendations on actions needed to minimize the
generation of solid waste in the construction of Federal
buildings and facilities; and
(C) includes any dissenting minority views.
(2) The report required by paragraph (1) shall be submitted not
later than 90 days after completion of the pilot program established
under section 3.
(p) Termination.--The Board shall cease to exist within 1 year
after the submission of its report under subsection (o).
SEC. 6. GUIDELINES TO FEDERAL AGENCIES.
(a) In General.--No later than 1 year after the Environmentally
Efficient Building Material Advisory Board submits its report under
section 5(o), the Administrator shall, after consultation with the
Administrator of General Services, promulgate regulations containing
guidelines to Federal agencies on minimizing the creation of solid
waste and on maximizing the use of environmentally efficient building
materials in the construction of Federal buildings. Such regulations
shall include--
(1) a requirement that any bid or proposal for Federal
contracts for the construction of Federal buildings include a
plan for minimizing the generation of solid waste and for
maximizing the use of environmentally efficient building
materials in such construction; and
(2) standards for an acceptable plan that satisfies the
requirement under paragraph (1).
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