[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1821 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1821

  To encourage recycling and composting by promoting the creation of 
 markets for post-consumer materials, by establishing a grant program 
   for recycling research, by requiring a public outreach program to 
   provide information about recycling, by requiring procurement of 
   recycled goods by the Federal Government, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 1993

 Mr. Hochbrueckner (for himself, Mr. Sabo, Mr. Torres, Mr. Beilenson, 
 Mr. Ackerman, Mr. Shays, Ms. Slaughter, Mr. Hughes, Mrs. Maloney, Ms. 
Norton, Mrs. Morella, Mr. Brown of California, Ms. Woolsey, Mr. Evans, 
  Mr. Fish, and Mrs. Meyers of Kansas) introduced the following bill; 
 which was referred jointly to the Committees on Energy and Commerce, 
       Science, Space, and Technology, and Government Operations

_______________________________________________________________________

                                 A BILL


 
  To encourage recycling and composting by promoting the creation of 
 markets for post-consumer materials, by establishing a grant program 
   for recycling research, by requiring a public outreach program to 
   provide information about recycling, by requiring procurement of 
   recycled goods by the Federal Government, and for other purposes.

    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 ``Recyclable Materials Technology and 
Markets Development Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The United States faces a severe and worsening crisis 
        in solid waste management.
            (2) Waste disposal is becoming increasingly impractical 
        because of concerns about environmental contamination, 
        escalating fees, the closing of disposal facilities, and 
        difficulties in siting new facilities.
            (3) Recycling offers an environmentally safe approach to 
        the garbage crisis as well as benefits to manufacturers in 
        reduced material costs, energy usage, and environmental 
        impacts. However, the markets for recyclable materials are 
        currently uncertain.
            (4) It would be in the best interests of the United States 
        to treat waste according to the following hierarchy:
                    (A) Waste reduction.
                    (B) Reuse.
                    (C) Recycling.
                    (D) Composting.
                    (E) Landfilling or incineration.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To create markets for post-consumer materials.
            (2) To provide consumers with information about recycling.
            (3) To solicit Federal agency recommendations on 
        appropriate measures to maximize recycling.

SEC. 3. STUDY OF MARKETS FOR POST-CONSUMER MATERIALS.

    (a) Requirement.--The Secretary shall conduct a study to determine 
the following:
            (1) The current and potential uses for post-consumer 
        materials.
            (2) The current and potential international markets for 
        post-consumer materials for use in recycling and composting.
            (3) The current and potential domestic markets for post-
        consumer materials for use in recycling and composting.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this act, the Secretary shall submit to Congress a 
report--
            (1) describing the results of the study conducted under 
        subsection (a); and
            (2) making recommendations regarding methods to expand and 
        stabilize markets for post-consumer materials for use in 
        recycling and composting, including whether additional 
        legislation is necessary for such purpose.
    (c) Addition of Post-consumer Materials to Industrial Surveys.--For 
purposes of gathering information about the generation of post-consumer 
materials and prices of such materials, the Secretary shall include 
post-consumer materials in any Department of Commerce surveys on 
industrial production and prices.

SEC. 4. OFFICE OF RECYCLING RESEARCH AND INFORMATION.

    (a) Establishment.--Not later than six months after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Administrator, shall establish an Office of Recycling Research and 
Information in the Department of Commerce (in this section referred to 
as the ``Office''). The Office shall have a Director who shall be 
appointed by the Secretary and who shall be paid at a rate determined 
by the Secretary which is less than the rate of basic pay payable for 
positions under section 5316 of title 5, United States Code.
    (b) Functions.--The functions of the Office are as follows:
            (1) To collect, catalog, and disseminate information to 
        interested persons regarding waste disposal, recycling, and 
        composting technology.
            (2) To make grants under subsection (c).
            (3) To conduct a public outreach program under subsection 
        (d).
            (4) To develop model programs, not later than two years 
        after the date of the enactment of this Act, for various types 
        of communities (including urban and rural) for recycling and 
        composting of solid waste. Such model programs shall include 
        provisions for collecting, separating, transporting, and 
        reprocessing solid waste.
            (5) To compile and update statistics on recycling rates for 
        all nondurable consumer products.
            (6) To provide information to the public regarding the 
        recyclability and recycling rates of individual products.
    (c) Grants.--The Director of Recycling Research and Information 
shall make grants to public and private entities for studies and 
scientific research relating to recycling of post-consumer materials, 
including grants for the following types of studies:
            (1) A study to determine the products and post-consumer 
        materials which--
                    (A) are not currently recycled in significant 
                amounts; and
                    (B) which are found in the largest amounts by 
                volume and by weight in municipal solid waste streams.
            (2) A study of ways to encourage industry to include 
        recyclability as a basic design goal for the long-term 
        resolution of the issue of recycling of post-consumer 
        materials.
            (3) A study of innovative recycling technologies or problem 
        issues that are obstacles to recycling, such as nonrecyclable 
        containers and insufficient uses for post-consumer materials.
    (d) Outreach Program.--
            (1) In general.--The Director of Recycling Research and 
        Information, in consultation with the Administrator, the 
        Secretary, and the Secretary of Education, shall conduct a 
        public outreach program to provide information to secondary 
        school students, State and local governments, and the general 
        public regarding--
                    (A) the harmful effects on the environment of the 
                improper disposal of wastes;
                    (B) the importance of the proper disposal of 
                municipal wastes;
                    (C) the benefits of recycling and composting; and
                    (D) methods to encourage voluntary recycling and 
                composting activities.
            (2) Format.--In conducting the outreach program described 
        in paragraph (1), the Director of Recycling Research and 
        Information may--
                    (A) organize and conduct workshops with interested 
                groups;
                    (B) develop educational materials and provide them 
                to secondary school students;
                    (C) record public service announcements for radio 
                and television broadcast and develop print 
                advertisements for newspapers, magazines, and other 
                publications;
                    (D) distribute leaflets, posters, and other 
                materials;
                    (E) encourage employers and labor organizations to 
                include appropriate educational materials in their in-
                house publications; and
                    (F) provide technical assistance and other 
                information to schools, governments, and community 
                groups wishing to conduct educational programs on waste 
                disposal, recycling, and composting.
            (3) Implementation of program.--The Director of Recycling 
        Research and Information shall begin implementation of the 
        outreach program not later than one year after the date of the 
        enactment of this Act.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of Recycling Research and Information 
appointed pursuant to this section, for making grants and carrying out 
other activities authorized by this section, not more than $10,000,000 
for each of fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.

SEC. 5. RECYCLING RATE REQUIREMENTS FOR RECYCLABLE PRODUCTS.

    (a) Required Recycling Rates for Recyclable Products.--Each 
manufacturer of a recyclable product designated by the Secretary under 
subsection (b) shall--
            (1) during 1993 and 1994, recycle, or provide for the 
        recycling of, at least 25 percent of the products manufactured 
        during each of those years by the manufacturer;
            (2) during 1995, 1996, and 1997, recycle, or provide for 
        the recycling of, at least 50 percent of the products 
        manufactured during each of those years by the manufacturer; 
        and
            (3) during 1998 and each year thereafter, make a good faith 
        effort to recycle, or provide for the recycling of, at least 75 
        percent of the products manufactured during each such year by 
        the manufacturer.
    (b) Designation of Recyclable Products.--Not later than one year 
after the date of the enactment of this Act, the Secretary shall 
prescribe regulations to designate products as recyclable products for 
purposes of this section. A product shall be designated as recyclable 
if it may feasibly be recycled, as determined by the Secretary.
    (c) Penalty.--A person may not manufacture, during a calendar year, 
a recyclable product designated by the Secretary under subsection (b) 
unless, during the preceding calendar year, the product is recycled at 
the recycling rate required under subsection (a). Any person who 
violates this section is subject to a civil penalty assessed by the 
Secretary of not more than $5,000 for each offense.

SEC. 6. RECYCLABLE SUBSTITUTE REQUIREMENTS FOR NONRECYCLABLE PRODUCTS.

    (a) Prohibition.--After December 31, 1994, a person may not 
manufacture a nonrecyclable product designated by the Secretary under 
subsection (b) if a recyclable substitute is readily available for such 
product, as determined by the Secretary.
    (b)  Designation of Nonrecyclable Products.--Not later than two 
years after the date of the enactment of this Act, the Secretary shall 
prescribe regulations to designate products as nonrecyclable products 
for purposes of this section. A product shall be designated as 
nonrecyclable if it is not technically or economically feasible to be 
recycled in a recycling program, as determined by the Secretary. The 
Secretary may require that an appropriate label be displayed on any 
product designated as nonrecyclable under the regulations, for purposes 
of informing consumers that the product is nonrecyclable. The Secretary 
may not require such labels to be displayed any earlier than January 1, 
1994.
    (c) Penalty.--Any person who violates this section is subject to a 
civil penalty assessed by the Secretary of not more than $5,000 for 
each offense.

SEC. 7. RECYCLING SEALS OF APPROVAL.

    (a) Design.--The Secretary shall design labels for display on--
            (1) recyclable products, as designated under section 5(b); 
        and
            (2) products containing a certain percentage of recycled 
        post-consumer materials.
    (b) Application for Use of Labels.--Persons who manufacture 
products for which the Secretary has designed labels under subsection 
(a) may apply to the Secretary for permission to display the labels on 
their products.
    (c) Regulations.--The Secretary shall prescribe regulations to 
carry out this section.

SEC. 8. GOVERNMENT PROCUREMENT OF RECYCLED GOODS.

    Section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962) is 
amended to read as follows:

``SEC. 6002. GOVERNMENT PROCUREMENT.

    ``(a) Application of Section.--This section applies for a fiscal 
year to the following entities:
            ``(1) A Federal agency if, during any one of the 5 fiscal 
        years preceding such fiscal year, the Federal agency has 
        procured procurement items the price of which in the aggregate 
        exceeds $10,000.
            ``(2) Any other entity, including a State, a political 
        subdivision of a State, or a contractor, if such entity uses 
        funds appropriated to a Federal agency to which this section 
        applies for procurement of any procurement item.
    ``(b) Procurement Subject to Other Law.--This section does not 
apply to a procurement by a Federal agency described in subsection 
(a)(1) if such procurement is subject to regulations of the 
Administrator under section 6004 (as promulgated before the date of the 
enactment of this section under comparable provisions of prior law), 
but only to the extent that this section is inconsistent with such 
regulations.
    ``(c) Requirements.--(1) Each procuring agency which procures any 
items designated in guidelines prepared pursuant to subsection (e) 
shall procure such items composed of the highest percentage of 
recovered materials practicable (and in the case of paper, the highest 
percentage of post-consumer materials). The decision not to procure 
such items shall be based on a determination that such procurement 
items--
            ``(A) are not reasonably available within a reasonable 
        period of time;
            ``(B) fail to meet the performance standards set forth in 
        the applicable specifications; or
            ``(C) are only available at an unreasonable price.
In the case of a failure to procure such items, the procuring agency 
shall make public the specific reasons for its failure to do so.
    ``(2) During the 10-year period beginning on the date of enactment 
of the Recyclable Materials Technology and Markets Development Act, a 
Federal agency shall not determine under paragraph (1)(C) that a price 
is unreasonable unless it exceeds by more than 10 percent the price of 
items not meeting the agency's minimum recovered materials content 
standards. The Administrator may extend such 10-year time period on an 
item-by-item basis.
    ``(d) Specifications.--Within 1 year after the date of publication 
of guidelines under subsection (e), or the date on which an agency 
first becomes a procuring agency that has the responsibility for 
drafting or reviewing specifications for procurement items designated 
in such guidelines, such procuring agency shall--
            ``(1) eliminate from procurement specifications any 
        exclusion of recovered materials;
            ``(2) in the case of paper and paper products, eliminate 
        any specification which is not absolutely essential relating to 
        brightness, speck count, and ground wood content;
            ``(3) eliminate from such specifications any requirement 
        that items be manufactured from virgin materials; and
            ``(4) assure that such specifications, as well as internal 
        agency policies and procedures, require the use of recovered 
        materials to the maximum extent possible without jeopardizing 
        the intended end use of the item.
    ``(e) Guidelines.--(1) The Administrator shall prepare, and from 
time-to-time revise, guidelines for the use of procuring agencies in 
complying with the requirements of this section. In fulfilling the 
requirements of this subsection, the Secretary shall consult with the 
Administrator of General Services and the Public Printer. Such 
guidelines shall, at a minimum--
            ``(A) designate those items which are or can be produced 
        with recovered materials and whose procurement by procuring 
        agencies will carry out the objectives of this section;
            ``(B) set forth recommended practices and procedures with 
        respect to the procurement of recovered materials and items 
        containing such materials and with respect to certification by 
        vendors of the percentage of recovered materials used;
            ``(C) provide information concerning the availability, 
        relative price, and performance of such materials and items; 
        and
            ``(D) establish standards pursuant to subsection (f) 
        specifying the minimum level of post-consumer materials and 
        other recovered materials in the procured item.
    ``(2) In making the designation under paragraph (1)(A), the 
Administrator shall consider, but is not limited to, the following:
            ``(A) The availability of items described in such 
        paragraph.
            ``(B) The impact of the procurement of such items by 
        procuring agencies on the volume of solid waste which must be 
        treated, incinerated, stored, or disposed of.
            ``(C) The economic and technological feasibility of 
        producing and using such items.
            ``(D) Other uses for such recovered materials.
            ``(E) The impact of the procurement of such items by 
        procuring agencies on recycling and procurement practices of 
        nongovernmental entities.
    ``(f) Guidelines for Certain Items.--At a minimum, the 
Administrator shall--
            ``(1) not later than 180 days after the date of the 
        enactment of the Recyclable Materials Technology and Markets 
        Development Act, revise existing guidelines for the procurement 
        of paper and paper products containing post-consumer materials 
        and other recovered materials;
            ``(2) not later than 1 year after the date of the enactment 
        of such Act, issue guidelines for the procurement and use of 
        waste glass in the construction of highways, roadways, and 
        other paved surfaces;
            ``(3) not later than 1 year after the date of the enactment 
        of such Act, issue guidelines for the procurement and use of 
        discarded tires and other rubber scrap in the construction of 
        highways, roadways, and other paved surfaces, in roofing, and 
        in other nonroadway applications;
            ``(4) not later than 1 year after the date of the enactment 
        of such Act, issue guidelines for the procurement and use of 
        compost, fertilizers, and other soil amendments made from yard 
        waste and food waste;
            ``(5) not later than 18 months after the date of the 
        enactment of such Act, issue guidelines for the procurement and 
        use of containers and packaging and other durable and 
        nondurable goods made from aluminum scrap, ferrous scrap, 
        plastic scrap, and waste glass; and
            ``(6) not later than 2 years after the date of the 
        enactment of such Act, issue guidelines for at least 3 
        additional categories of items, as well as others as may be 
        deemed appropriate.
    ``(g) Review of Minimum Content Standard Guidelines.--No later than 
4 years after the issuance of guidelines under subsection (e), and 
every 4 years thereafter, the Administrator shall review, and to the 
extent practicable, increase, the minimum content standards described 
in paragraph (1)(D) of that subsection.
    ``(h) Verification Procedures.--After consultation with appropriate 
recycling industries, and public or private organizations that set 
specifications or test methods for recovered materials, the 
Administrator shall develop verification procedures useful in 
ascertaining the percentage of post-consumer materials and other 
recovered materials in a commodity.
    ``(i) Implementation and Coordination.--The Administrator for 
Federal Procurement Policy shall advise the Administrator on 
coordinating the guidelines under this section with other policies for 
Federal procurement. The Administrator for Federal Procurement Policy, 
in consultation with the Administrator of General Services 
Administration, shall report every two years to Congress on actions 
taken by Federal agencies and the progress made in the implementation 
of this section.
    ``(j) Affirmative Procurement Program.--(1) Within 1 year after the 
date of publication of applicable guidelines under subsection (e), or 
the date on which an agency first becomes a procuring agency, whichever 
is later, each procuring agency shall develop an affirmative 
procurement program which will assure that items composed of recovered 
materials will be purchased to the maximum extent practicable and which 
is consistent with applicable provisions of Federal procurement law.
    ``(2) Each affirmative procurement program required under this 
subsection shall, at a minimum, include the following:
            ``(A) A recovered materials preference program. Such 
        program shall apply to the Federal agency and to each entity, 
        including a State, a political subdivision of a State, or a 
        contractor, that receives funds appropriated to such Federal 
        agency for procurement of any procurement item.
            ``(B) An agency promotion program to promote the preference 
        program adopted under subparagraph (A).
            ``(C) A program for requiring certification of the minimum 
        recovered materials content actually used, or, where 
        appropriate, to be used, and reasonable verification procedures 
        for such certifications.
            ``(D) An annual review and monitoring of the effectiveness 
        of the agency's affirmative procurement program.
    ``(3) For purposes of paragraph (2)(C), manufacturers of items 
shall be required to provide to vendors certifications of the minimum 
recovered materials content actually used, or to be used.
    ``(4) For purposes of paragraph (2)(D), each Federal agency shall 
prepare an annual report describing the agency's affirmative 
procurement program and a review of its effectiveness. Such reports 
shall be submitted simultaneously to the Administrator and the 
Administrator for Federal Procurement Policy, who shall make them 
available to the public. At a minimum, such reports shall include--
            ``(A) a description of actions taken to delete 
        discriminatory specifications and internal policies and 
        procedures, and actions taken to revise such specifications, 
        policies, and procedures, pursuant to subsection (d);
            ``(B) information on the amount and value of items which 
        contain recovered materials and items which contain only virgin 
        materials that are procured or contracted for by the agency;
            ``(C) an assessment of the effectiveness of the agency's 
        promotion program;
            ``(D) an assessment of remaining technical, economic, 
        institutional, and legal barriers to procurement of items 
        containing recovered materials;
            ``(E) response of bidders; and
            ``(F) compliance by grantees and contractors of the agency.
    ``(k) State Plans.--Each plan prepared by a State pursuant to 
section 4003 of this Act shall describe actions taken by the State to 
comply with this section.
    ``(l) Definitions.--For purposes of this section:
            ``(1) The term `recovered materials' means materials 
        which--
                    ``(A) have a known use, reuse, or recycling 
                potential;
                    ``(B) can be feasibly used, reused, or recycled; 
                and
                    ``(C) have been diverted or removed from the solid 
                waste stream for sale, use, reuse, or recycling 
                (whether or not such materials require separation and 
                processing).
            ``(2) The term `post-consumer materials' means only those 
        products generated by a consumer which have been made available 
        for sale or have served their intended end-uses and have been 
        separated or diverted from solid waste for the purpose of 
        collection, recycling, and disposition. The term does not 
        include waste generated during production of an end-product.''.

SEC. 9. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``Secretary'' means the Secretary of Commerce.
            (3) The term ``post-consumer materials'' means only those 
        products generated by a consumer which have been made available 
        for sale or have served their intended end-uses and have been 
        separated or diverted from solid waste for the purpose of 
        collection, recycling, and disposition. The term does not 
        include waste generated during production of an end-product.

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<star>HR 1821 IH1S----2