[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 817 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 817

To encourage the acquisition and use of resource efficient materials in 
      construction, repair, and maintenance of Federal buildings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 22 (legislative day, April 19), 1993

   Mr. Glenn introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To encourage the acquisition and use of resource efficient materials in 
      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 Resource Efficient Building 
Materials Act of 1993''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Administrator'' means the Administrator of 
        General Services.
            (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 ``resource 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 ``resource efficient building materials'' 
        means any resource efficient material which may be used in the 
        construction of a building or facility.
            (5) The term ``solid waste'' shall have the same meaning as 
        such term is defined under section 1004(27) of the Solid Waste 
        Disposal Act (42 U.S.C. 6903(27)).
            (6) The term ``construction'' shall have the same meaning 
        as such term is defined under section 1004(2) of the Solid 
        Waste Disposal Act (42 U.S.C. 6903(2)).

SEC. 3. FEDERAL ACQUISITION AND USE OF RESOURCE EFFICIENT BUILDING 
              MATERIALS.

    (a) Demonstration of Use of Materials.--The Administrator shall 
establish a 3-year pilot program to demonstrate the acquisition and use 
of resource efficient building materials in the construction of Federal 
facilities and buildings and in existing Federal facilities and 
buildings.
    (b) Selection Criteria.--In selecting resource 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) meeting appropriate standards for energy efficiency.
    (c) Preferences Among Resource Efficient Building Materials.--When 
making choices between comparable resource 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.

    Upon completion of the pilot program established under section 3 
the Administrator shall report to Congress on its implementation. Such 
a report shall include--
            (1) a listing of the type and quantities of resource 
        efficient building materials used;
            (2) the cost and performance of such materials compared to 
        comparable, more conventional materials;
            (3) the extent to which the acquisition and use of such 
        materials can be expanded beyond the scope of the pilot 
        program; and
            (4) an assessment of how well the materials meet the 
        criteria under section 3(b).

SEC. 5. RESOURCE EFFICIENT BUILDING MATERIAL ADVISORY BOARD.

    (a) Establishment.--There is established the Resource Efficient 
Building Material Advisory Board (hereafter 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 General Services 
        Administration;
            (2) one shall be a representative from the Environmental 
        Protection Agency;
            (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 resource 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) advise the Administrator on the latest developments in 
        resource efficient building materials and design and how such 
        developments may be incorporated into the construction of 
        Federal buildings;
            (2) make recommendations to the Administrator on actions 
        needed to further facilitate the acquisition and use of 
        resource efficient materials in Federal construction; and
            (3) 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 120 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.
    (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.--No later than 90 days after the completion of the 
demonstration program under section 3, the Board shall submit a report 
to Congress and the Administrator that--
            (1) shall make recommendations to the Administrator on 
        actions needed to further facilitate the acquisition and use of 
        resource efficient materials in Federal construction;
            (2) shall make recommendations to the Administrator on 
        actions needed to minimize the generation of solid waste in the 
        construction of Federal buildings and facilities;
            (3) shall evaluate the implementation and effectiveness of 
        the demonstration program; and
            (4) shall include any dissenting minority views.
    (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 date on which the 
Resource Efficient Building Material Advisory Board submits its report 
under section 5(o), the Administrator shall, after consultation with 
the Administrator of the Environmental Protection Agency, promulgate 
regulations containing guidelines to Federal agencies on minimizing the 
creation of solid waste and on maximizing the use of resource efficient 
building materials in the construction of Federal buildings. Such 
regulations shall include--
            (1) a requirement that bids 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 
        resource efficient building materials in such construction; and
            (2) standards for an acceptable plan that satisfies the 
        requirement under paragraph (1).
    (b) Recommendations.--The Administrator shall consider each 
recommendation of the Resource Efficient Building Material Advisory 
Board in implementing subsection (a).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $5,000,000 for fiscal year 
1994, $7,000,000 for fiscal year 1995, and $8,000,000 for fiscal year 
1996 to carry out the purposes of this Act.

                                 <all>