[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3271 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3271

  To require increased waste prevention and recycling measures to be 
incorporated in the daily operations of Federal agencies, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           November 14 (legislative day, September 22), 2000

Mr. Torricelli introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To require increased waste prevention and recycling measures to be 
incorporated in the daily operations of Federal agencies, 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 ``Greening the Government Act of 
2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Pollution Prevention Act of 1990 (42 U.S.C. 13101 
        et seq.) established a national policy of preventing pollution 
        whenever feasible;
            (2) in accordance with that policy--
                    (A) pollution that cannot be prevented should be 
                recycled;
                    (B) pollution that cannot be prevented or recycled 
                should be treated in an environmentally safe manner;
                    (C) disposal of pollution should be employed only 
                as a last resort; and
            (3) consistent with the demands of efficiency and cost 
        effectiveness, the head of each Federal agency should--
                    (A) incorporate increased waste prevention and 
                recycling measures in the daily operations of the 
                agency; and
                    (B) work to expand markets for recovered products 
                through greater preference and demand for those 
                products by the Federal Government.
    (b) Purposes.--The purposes of this Act are--
            (1) to require Federal agencies to comply with certain 
        policies in--
                    (A) the acquisition and use of recycled content 
                products and environmentally preferable products and 
                services (including biobased products);
                    (B) the implementation of cost-effective 
                acquisition preference programs favoring the purchase 
                of those products and services; and
            (2) to establish positions in each Federal agency, and to 
        appoint a steering committee, a Federal Environmental 
        Executive, and a task force, to assist in carrying out this 
        Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Acquisition.--The term ``acquisition'' has the meaning 
        given the term in Executive Order 13101 (63 Fed. Reg. 49643 
        (September 16, 1998)).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Affirmative acquisition program.--The term 
        ``affirmative acquisition program'' means the program developed 
        under section 7(b).
            (4) Agency.--
                    (A) In general.--The term ``agency'' has the 
                meaning given the term ``executive agency'' in section 
                105 of title 5, United States Code.
                    (B) Inclusion.--The term ``agency'' includes the 
                military departments (as defined in section 102 of 
                title 5, United States Code).
            (5) Agency environmental executive.--The term ``agency 
        environmental executive'' means an individual designated under 
        section 6(b).
            (6) Biobased product.--
                    (A) In general.--The term ``biobased product'' 
                means a commercial or industrial product that uses 
                biological products or renewable domestic agricultural 
                material (such as plant, animal, or marine material) or 
                forestry material, as determined by the Secretary of 
                Agriculture.
                    (B) Exclusion.--The term ``biobased product'' does 
                not include--
                            (i) food for human consumption; or
                            (ii) feed for livestock.
            (7) Comprehensive procurement guideline.--The term 
        ``comprehensive procurement guideline'' means a guideline for 
        procurement of a product or service prepared by the 
        Administrator under section 6002(e) of the Solid Waste Disposal 
        Act (42 U.S.C. 6962(e)).
            (8) Environmentally preferable product or service.--The 
        term ``environmentally preferable product or service'' means a 
        product or service, the raw material acquisition, production, 
        manufacturing, packaging, distribution, reuse, operation, 
        maintenance, or disposal of which causes the product or service 
        to have a lesser or reduced effect on human health and the 
        environment than a competing product or service that serves the 
        same purpose.
            (9) Facility.--The term ``facility'' has the meaning given 
        the term in Executive Order 13148 (65 Fed. Reg. 24605 (April 
        26, 2000)).
            (10) Federal environmental executive.--The term ``Federal 
        Environmental Executive'' means the individual designated under 
        section 5(a).
            (11) Federal procurement data system.--The term ``Federal 
        Procurement Data System'' means the system provided for under 
        section 6(d)(4) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 405(d)(4)(A)).
            (12) Guideline item.--The term ``guideline item'' means a 
        product or service designated as a guideline item by the 
        Administrator under section 6002 of the Solid Waste Disposal 
        Act (42 U.S.C. 6962), as codified in part 247 of title 40, Code 
        of Federal Regulations.
            (13) Life cycle assessment.--The term ``life cycle 
        assessment'' means the comprehensive examination of the 
        environmental and economic aspects and potential impacts of a 
product throughout its lifetime (including throughout raw material 
extraction, transportation, manufacturing, use, and disposal of the 
product).
            (14) Life cycle cost.--
                    (A) In general.--The term ``life cycle cost'' means 
                the amortized annual cost of a product or service 
                discounted over the lifetime of the product or service.
                    (B) Inclusions.--The term ``life cycle cost'' 
                includes amortized annual capital costs, installation 
                costs, operating costs, maintenance costs, and disposal 
                costs of a product or service.
            (15) Major procuring agency.--The term ``major procuring 
        agency'' means an agency that, in the preceding fiscal year, 
        procured more than $50,000,000 in products and services.
            (16) Micro-purchase threshold.--The term ``micro-purchase 
        threshold'' has the meaning given the term in section 32(f) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        428(f)).
            (17) Pollution prevention.--The term ``pollution 
        prevention'' means--
                    (A) source reduction (as defined in section 6603 of 
                the Pollution Prevention Act of 1990 (42 U.S.C. 
                13102)); and
                    (B) any other practice that reduces or eliminates 
                the creation of pollutants through--
                            (i) increased efficiency in the use of raw 
                        materials, energy, water, or other resources; 
                        or
                            (ii) the protection of natural resources 
                        through conservation.
            (18) Postconsumer material.--The term ``postconsumer 
        material'' means a material or finished product that has--
                    (A) served its intended use;
                    (B) completed its life as a consumer item; and
                    (C) been discarded for disposal or recovery.
            (19) Recovered material.--The term ``recovered material'' 
        has the meaning given the term in section 1004 of the Solid 
        Waste Disposal Act (42 U.S.C. 6903).
            (20) Recyclability.--The term ``recyclability'' means the 
        extent to which a product or material may be recovered from, or 
        otherwise diverted from, the solid waste stream for the purpose 
        of recycling.
            (21) Recycling.--
                    (A) In general.--The term ``recycling'' means the 
                series of activities by which a product or material is 
                recovered from the solid waste stream for use as a raw 
                material in the manufacture of a new product, other 
                than fuel, for producing heat or power by combustion.
                    (B) Inclusions.--The term ``recycling'' includes 
                collection, separation, and processing.
            (22) Steering committee.--The term ``Steering Committee'' 
        means the Steering Committee on Greening the Government 
        established by section 4(a).
            (23) Sustainably produced wood product.--The term 
        ``sustainably produced wood product'' means a wood product that 
        has been verified through a chain of custody system to have 
        originated in a forest that has been certified as being 
        sustainably managed by an organization that, as determined by 
        the Federal Environmental Executive--
                    (A) does not have an equity interest in the forest 
                or the management of the forest;
                    (B) is independent from any timber trade 
                association;
                    (C) adheres, at a minimum, to the Principles and 
                Criteria of the Forest Stewardship Council in effect as 
                of February 2000 (or the equivalent requirements of a 
                similar organization); and
                    (D) conducts annual on-the-ground audits of each 
                forest certified.
            (24) Task force.--The term ``Task Force'' means the Task 
        Force on Greening the Government established under section 
        6(a).
            (25) Waste.--The term ``waste'' has the meaning given the 
        term ``solid waste'' in section 1004 of the Solid Waste 
        Disposal Act (42 U.S.C. 6903).
            (26) Waste prevention.--The term ``waste prevention'' 
        means--
                    (A) a change in the design, manufacture, purchase, 
                or use of a product or material (including packaging) 
                to reduce the volume or toxicity of the product or 
                material before the product or material is discarded; 
                or
                    (B) the reuse of a product or material.
            (27) Waste reduction.--The term ``waste reduction'' means 
        the use of waste prevention, recycling, or the purchase of 
        recycled and environmentally preferable products and materials 
        to prevent or decrease the generation of waste.

SEC. 4. STEERING COMMITTEE.

    (a) In General.--There is established a Steering Committee on 
Greening the Government.
    (b) Composition.--
            (1) Members.--The Steering Committee shall be composed of--
                    (A) the Chair of the Council on Environmental 
                Quality, who shall serve as Chairperson of the Steering 
                Committee;
                    (B) the Federal Environmental Executive; and
                    (C) the Administrator for Federal Procurement 
                Policy.
            (2) Duties.--The Steering Committee shall establish, and 
        provide policy direction to, a Task Force to facilitate the 
        implementation of this Act in accordance with section 6(a).

SEC. 5. FEDERAL ENVIRONMENTAL EXECUTIVE.

    (a) In General.--The President, acting through the Administrator, 
shall designate a Federal Environmental Executive.
    (b) Duties.--The Federal Environmental Executive shall--
            (1) serve as Chairperson of the Task Force;
            (2) take all actions necessary to ensure that executive 
        agencies comply with this Act; and
            (3) in accordance with section 6(a)(3), working through the 
        Task Force and in consultation with agency environmental 
        executives, submit to the President a biennial report on the 
        progress made in carrying out this Act that includes--
                    (A) information from agency reports concerning the 
                progress of the Federal Government in implementing--
                            (i) Executive Order 13101 (63 Fed. Reg. 
                        49643 (September 16, 1998));
                            (ii) Executive Order 13148 (65 Fed. Reg. 
                        24595 (April 21, 2000));
                            (iii) Executive Order 13149 (65 Fed. Reg. 
                        24607 (April 21, 2000));
                            (iv) Executive Order 13134 (64 Fed. Reg. 
                        44639 (August 12, 1999)); and
                            (v) Executive Order 13123 (64 Fed. Reg. 
                        30851 (June 3, 1999));
                    (B) the agency environmental scorecards completed 
                under paragraph (4);
            (4) in coordination with the Director of the Office of 
        Management and Budget, develop agency environmental scorecards 
        and a scoring system to evaluate each agency's progress in 
        meeting the goals of this Act, that includes, at a minimum--
                    (A) purchases of recycled content products and 
                environmentally preferable products and services of the 
                agency;
                    (B) the recycling or waste diversion rate of the 
                agency; and
                    (C) innovative recycling and waste prevention 
                practices of the agency;
            (5) in coordination with the Administrator for Federal 
        Procurement Policy, the Administrator, the Administrator of 
        General Services, and the Secretary of Agriculture, convene a 
        group of acquisition managers, State environmental officials, 
        and State and local government managers to cooperate with State 
        and local governments in improving the use by Federal, State, 
        and local governments of recycled content products and 
        environmentally preferable products and services;
            (6) coordinate appropriate Federal Government-wide 
        education and training programs for executive agencies; and
            (7) establish committees and work groups, as necessary 
        (including the designation of appropriate personnel in the 
        areas of acquisition, standards and specifications, electronic 
        commerce, facilities management, pollution and waste 
        prevention, and recycling, and other areas), to identify, 
        assess, and recommend actions to be taken to meet and carry out 
        the goals, responsibilities, and initiatives of the Federal 
        Environmental Executive.

SEC. 6. TASK FORCE; AGENCY ENVIRONMENTAL EXECUTIVES.

    (a) Task Force.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Steering Committee shall establish a 
        Task Force on Greening the Government.
            (2) Composition.--The Task Force shall be--
                    (A) chaired by the Federal Environmental Executive; 
                and
                    (B) composed of senior staff from the major 
                procuring agencies, as determined by the Steering 
                Committee in consultation with the major procuring 
                agencies.
            (3) Duties.--The Task Force shall--
                    (A) assist the Federal Environmental Executive and 
                agencies in carrying out this Act, subject to policy 
                direction provided by the Steering Committee; and
                    (B) acting through the Federal Environmental 
                Executive, submit to the Chairperson of the Steering 
                Committee a biennial report on the progress made in 
                carrying out this Act.
            (4) Resources; support.--On request by the Steering 
        Committee, a major procuring agency shall provide resources and 
        support to the Task Force and the Federal Environmental 
        Executive, to the extent practicable.
    (b) Agency Environmental Executives.--
            (1) Designation.--Not later than 90 days after the date of 
        enactment of this Act, the head of each major procuring agency 
        shall designate as an agency environmental executive an 
        employee of the major procuring agency who serves at a level 
        not lower than Assistant Secretary (or the equivalent).
            (2) Duties.--An agency environmental executive shall--
                    (A) translate the Government-Wide Strategic Plan to 
                Implement Executive Order 13101, dated March 12, 1999, 
                into an agency-specific plan;
                    (B) implement the plan;
                    (C) report to the Federal Environmental Executive 
                on the progress in implementing the plan;
                    (D) work with the Federal Environmental Executive 
                and the Task Force in carrying out this Act;
                    (E) track, and report to the Federal Environmental 
                Executive in accordance with the recommendations 
                developed in under section 5(b)(7), the purchases of 
                the major procuring agency of products and services 
                designated as guideline items;
                    (F) require acquisition personnel, in cases in 
                which guideline items purchased by an agency are 
                purchased in quantities that exceed the micro-purchase 
                threshold, to--
                            (i) justify in writing to the agency 
                        environmental executive the reasons purchasing 
                        the guideline items in those quantities; and
                            (ii) submit to the agency environmental 
                        executive a plan and schedule for any further 
increases in agency purchases of guideline items; and
                    (G) not later than 1 year after a product or 
                service is determined to be a biobased product, 
                estimate and report to the Secretary of Agriculture the 
                annual level of purchases by the agency of those 
                products and services.

SEC. 7. ACQUISITION PLANNING AND AFFIRMATIVE ACQUISITION PROGRAMS.

    (a) Acquisition Planning.--
            (1) In general.--In developing a plan, drawing, work 
        statement, specification, or other product description, an 
        agency shall consider, as appropriate, a broad range of 
        factors, including--
                    (A) the elimination of virgin material 
                requirements;
                    (B) the use of biobased products;
                    (C) the use of recovered materials;
                    (D) the reuse of products;
                    (E) life cycle cost;
                    (F) recyclability;
                    (G) the use of environmentally preferable products 
                and services;
                    (H) waste prevention (including toxicity reduction 
                or elimination); and
                    (I) ultimate disposal.
            (2) Consideration of factors.--The factors specified in 
        paragraph (1) should be considered in acquisition planning for 
        all procurement and in the evaluation and award of contracts, 
        as appropriate.
            (3) Program and acquisition managers.--The program and 
        acquisition managers of an agency should take an active role in 
        the consideration of factors under paragraph (2).
    (b) Affirmative Acquisition Programs.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the head of each agency shall--
                    (A) develop and implement an affirmative 
                acquisition program in accordance with section 6002 of 
                the Solid Waste Disposal Act (42 U.S.C. 6962); and this 
                Act; and
                    (B) consider incorporating within the affirmative 
                acquisition program of the agency the use of 
                acquisition tools and methods described in section 1657 
                of the Alternative Agricultural Research and 
                Commercialization Act of 1990 (7 U.S.C. 5909).
            (2) Duties of personnel.--The head of each agency shall 
        ensure that responsibilities for preparation, implementation, 
        and monitoring of an affirmative acquisition program under this 
        subsection are shared between the program personnel and 
        acquisition personnel.
    (c) Guideline Items.--
            (1) In general.--Except as provided in paragraph (2), as 
        soon as practicable after the date of enactment of this Act, 
        each agency shall establish an affirmative acquisition program 
        for all products and services procured by the agency that are 
        guideline items.
            (2) Newly-designated items.--Not later than 1 year after 
        the date on which the Administrator designates a product or 
        service as a guideline item, an agency that purchases the 
        newly-designated guideline item shall revise the affirmative 
        acquisition program of the agency.
            (3) Agency purchases.--
                    (A) In general.--Except for purchases of biobased 
                products, subject to subparagraph (B), the head of each 
                agency shall ensure, to the maximum extent practicable, 
                that any affirmative acquisition program of the agency 
                requires 100 percent of each purchase of the agency 
                (including a purchase below the micro-purchase 
                threshold) to meet or exceed the comprehensive 
                procurement guideline for each product and service 
                purchased.
                    (B) Purchases below micro-purchase threshold.--
                            (i) In general.--Not later than 180 days 
                        after the date of enactment of this Act, each 
                        agency shall issue, and submit to the 
                        Administrator for Federal Procurement Policy, 
                        guidance concerning the purchase of guideline 
                        items in quantities not in excess of the 
                        equivalent of the micro-purchase threshold.
                            (ii) Aggregation.--The guidance issued 
                        under clause (i) should encourage the 
                        aggregation of agency purchases of guideline 
                        items to promote economy and efficiency.
                            (iii) Recycled content products and 
                        services.--No written justification from an 
                        agency shall be required for the purchase by 
                        the agency of a product that is not a recycled 
                        content product if the purchase is below the 
                        micro-purchase threshold.

SEC. 8. FEDERAL FACILITY COMPLIANCE.

    (a) Federal Inspections.--For any inspection of a Federal facility 
under subtitle F of the Solid Waste Disposal Act (42 U.S.C. 6961 et 
seq.) (including any multimedia inspection carried out by the 
Administrator at a Federal facility), the inspection shall include an 
evaluation of the compliance of the Federal facility with section 6002 
of that Act (42 U.S.C. 6962) (including regulations and any 
implementing guidance).
    (b) State Inspections.--
            (1) In general.--For any inspection of a Federal facility 
        that is carried out by an authorized State under the Solid 
        Waste Disposal Act (42 U.S.C. 6901 et seq.), the Administrator 
        shall require the State to include in the inspection an 
        evaluation of the compliance of the Federal facility with 
        section 6002 of that Act (42 U.S.C. 6962) that takes into 
        consideration, as appropriate, any regulations and implementing 
        guidance.
            (2) Assistance.--The Administrator may provide information 
        and technical assistance to a State to assist the State in 
        considering guidance in connection with an inspection under 
        paragraph (1).
    (c) Report.--Not later than February 1, 2002, and annually 
thereafter, the Administrator shall submit to the Federal Environmental 
Executive a report describing the results of each inspection performed 
by the Administrator or a State under this section during the preceding 
fiscal year.

SEC. 9. SPECIFICATIONS, STANDARDS, AND PRODUCT AND SERVICE 
              DESCRIPTIONS.

    (a) In General.--
            (1) Use of recovered material; purchasing criteria.--When 
        developing, reviewing, or revising a specification, product or 
        service description (including a commercial item description), 
        or standard, an agency shall--
                    (A) consider recycled content material and any 
                environmentally preferable purchasing criteria 
                developed by the Administrator; and
                    (B) comply with the purchasing criteria.
            (2) Reports.--
                    (A) Submission to federal environmental 
                executive.--An agency shall annually submit to the 
                Federal Environmental Executive a report that describes 
                the compliance by the agency with paragraph (1) during 
                the preceding year.
                    (B) Incorporation in biennial report.--The Federal 
                Environmental Executive shall incorporate each report 
                under subparagraph (A) in the biennial report submitted 
                to the President under section 6002 of the Solid Waste 
                Disposal Act (42 U.S.C. 6962).
    (b) Inconsistency With Applicable Law.--
            (1) In general.--If the Federal Environmental Executive 
        determines that there is an inconsistency between a 
        specification, standard, or product description of an agency 
        and a provision of section 6002 of the Solid Waste Disposal Act 
        (42 U.S.C. 6962) or of this Act, the Federal Environmental 
        Executive shall request that the agency environmental executive 
        of the agency submit to the Federal Environmental Executive--
                    (A) a statement of reasons why the specification, 
                standard, or product description cannot be revised to 
                eliminate the inconsistency; or
                    (B) a plan for revising the specification standard, 
                or product description not later than 60 days after the 
                date of submission of the plan.
            (2) Revision.--If the response of an agency is to the 
        effect that the agency will be able to revise the 
        specification, standard, or product description to eliminate 
        the inconsistency, but will not be able to do so within 60 
        days, the agency environmental executive shall monitor and 
        implement the plan for revising the specification, standard, or 
        product description.

SEC. 10. DESIGNATION OF PRODUCTS THAT CONTAIN RECOVERED MATERIAL.

    (a) In General.--The Administrator shall designate products that 
are or can be made with recovered material in accordance with section 
6002(e) of the Solid Waste Disposal Act (42 U.S.C. 6962(e)) and this 
section.
    (b) Amendment of Comprehensive Procurement Guidelines.--
            (1) In general.--The Administrator shall designate products 
        and services that are or can be made with recovered material, 
        by promulgating amendments to the comprehensive procurement 
        guidelines.
            (2) Updating.--The Administrator shall amend the 
        comprehensive procurement guideline at least every 2 years.
    (c) Recovered Material Advisory Notices.--
            (1) In general.--Concurrent with the promulgation of 
        amendments to the comprehensive procurement guideline, the 
        Administrator shall publish for comment in the Federal Register 
        Recovered Material Advisory Notices that describe the range of 
        recovered material content levels within which the designated 
        products are currently available.
            (2) Updating.--The content levels referred to in paragraph 
        (1) shall be updated periodically, after opportunity for public 
        comment, to reflect changes in market conditions.
    (d) Modification of Procurement Programs.--After the Administrator 
revises the comprehensive procurement guidelines to designate products 
containing recovered material, each agency shall modify its affirmative 
acquisition program to require that purchases of those designated 
products by the agency meet or exceed the recovered material content 
levels in the Recovered Material Advisory Notices described in 
subsection (c), unless written justification is provided to the 
appropriate agency environmental executive.

SEC. 11. ACQUISITION OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND 
              SERVICES.

    (a) Updating of Guidance.--The Administrator shall update 
Environmental Protection Agency guidance to agencies on environmentally 
preferable purchasing at least every 2 years.
    (b) Environmentally Preferable Products and Services List.--
            (1) Publication.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall publish an 
        Environmentally Preferable Products and Services List for the 
        use of agencies in complying with this Act that--
                    (A) designates products and services that have 
                environmentally preferable characteristics;
                    (B) describes the relevant environmentally 
                preferable characteristics to consider when purchasing 
                those products and services;
                    (C) recommends environmentally preferable levels 
                for each characteristic;
                    (D) recommends practices with respect to the 
                acquisition of those products and services; and
                    (E) identifies known manufacturers or vendors of 
                the designated products and services within the 
                recommended levels.
            (2) Compliance.--Not later than 1 year after the date of 
        publication of the list under paragraph (1), each agency 
        shall--
                    (A) comply with this Act in making acquisitions of 
                products and services on the list; and
                    (B) purchase the environmentally preferable 
                products and services.
    (c) Pilot Projects.--
            (1) In general.--Each agency shall immediately test and 
        evaluate the principles and concepts in the Guidance on the 
        Acquisition of Environmentally Preferable Products and Services 
        through the implementation of 5 pilot projects to provide 
        practical information to the Administrator for use in future 
        updates of the guidance.
            (2) Aspects of pilot projects.--
                    (A) In general.--
                            (i) Use.--The pilot projects referred to in 
                        paragraph (1) shall be focused around those 
                        product and service categories, including 
                        printing, that have wide use within the Federal 
                        Government.
                            (ii) Priorities.--Priorities concerning 
                        which product and service categories to pilot 
                        shall be developed by the individual agencies 
                        and the Administrator, in consultation with the 
                        Administrator for Federal Procurement Policy, 
                        the Federal Environmental Executive, and the 
                        appropriate agency procurement executives.
                            (iii) Disagreements.--Any policy 
                        disagreements shall be resolved by the Steering 
                        Committee.
                    (B) Resources.--
                            (i) In general.--Each agency should use all 
                        of the options available to the agency in 
                        determining the environmentally preferable 
                        characteristics of products and services in a 
                        pilot project of the agency, including the use 
                        of technical expertise of--
                                    (I) nongovernmental entities (such 
                                as labeling, certification, or 
                                standard-developing organizations); and
                                    (II) the National Institute of 
                                Standards and Technology.
                            (ii) Federal assistance.--On request by an 
                        agency and to the extent practicable, the 
                        Administrator shall assist the agency in 
                        designing, implementing, and documenting the 
                        results of a pilot project under this 
                        paragraph.
                    (C) Database.--
                            (i) In general.--The Administrator, in 
                        coordination with the heads of other agencies, 
                        shall develop, submit to the Federal 
                        Environmental Executive a report on, and make 
                        publicly accessible via the Internet, a 
                        database of information on pilot projects under 
                        this paragraph.
                            (ii) Content.--The database shall include--
                                    (I) the number and status of pilot 
                                projects;
                                    (II) examples of policy directives 
                                of agencies carrying out a pilot 
                                project;
                                    (III) revisions to specifications;
                                    (IV) solicitation procedures; and
                                    (V) grant or contract policies that 
                                facilitate adoption of environmentally 
                                preferable purchasing practices.

SEC. 12. DESIGNATION OF BIOBASED PRODUCTS BY THE USDA.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Agriculture, acting through the 
Biobased Products Coordination Council, shall, in consultation with the 
Federal Environmental Executive, publish in the Federal Register a 
Biobased Products List.
    (b) Revision.--The Secretary of Agriculture shall biannually update 
the list under subsection (a) to include additional biobased products, 
as appropriate.
    (c) Modification of Procurement Programs.--On publication of the 
list under subsection (a), each agency shall modify the affirmative 
acquisition program of the agency to give consideration to products and 
services on the list.

SEC. 13. MINIMUM CONTENT STANDARD FOR PRINTING AND WRITING PAPER.

    (a) In General.--The head of each agency shall ensure, to the 
maximum extent practicable, that the agency meets or exceeds the 
following minimum materials content standards when purchasing printing 
and writing paper:
            (1) High quality paper.--
                    (A) In general.--Beginning December 31, 2005, for 
                high speed copier paper, offset paper, forms bond, 
                computer printout paper, carbonless paper, file 
                folders, white wove envelopes, writing and office 
                paper, book paper, cotton fiber paper, and cover stock, 
                the minimum content standard shall be not less than--
                            (i) 40 percent postconsumer materials; or
                            (ii) 30 percent postconsumer materials/100 
                        percent Processed Chlorine free.
                    (B) Nonavailability.--If paper described in 
                subparagraph (A) is not reasonably available as of the 
                date specified in subparagraph (A), does not meet 
                reasonable performance requirements, or is available 
                only at an unreasonable price, the agency shall 
                purchase paper containing not less than 30 percent 
                postconsumer material.
                    (C) Revision.--The Steering Committee, in 
                consultation with the agency environmental executives, 
                shall revise the standards described in subparagraphs 
                (A) and (B) as necessary.
            (2) Alternative for printing and writing paper.--As an 
        alternative to meeting the standards under paragraph (1), for 
        all printing and writing papers, the minimum content standard 
        may be not less than 50 percent recovered material that is a 
        waste material byproduct of a finished product (other than a 
        paper or textile product) that would otherwise be disposed of 
        in a landfill, as determined by the State in which the facility 
        is located.
    (b) Prohibition of Purchase or Sale of Substandard Paper.--
Effective January 1, 2006, no agency shall purchase, sell, or arrange 
for the purchase of, printing and writing paper that fails to meet the 
minimum standards under this section.

SEC. 14. ACQUISITION OF REREFINED LUBRICATING OIL AND RETREAD TIRES.

    (a) Implementation.--
            (1) In general.--Each agency shall implement the 
        acquisition guidelines of the Administrator for rerefined 
        lubricating oil and retread tires.
            (2) acquisition.--Fleet and commodity managers of each 
        agency shall take immediate steps, as appropriate, to procure 
        rerefined lubricating oil and retread tires in accordance with 
        section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962).
            (3) acquisition of biobased oils.--Nothing in this section 
        precludes the acquisition of a biobased oil (such as a 
        vegetable oil).
    (b) Education.--The Federal Environmental Executive shall educate 
the personnel of each agency about the new Department of Defense 
Cooperative Tire Qualification Program (including the Cooperative 
Approval Tire List and Cooperative Plant Qualification Program), as 
those programs apply to retread tires.

SEC. 15. ACQUISITION OF CERTIFIED WOOD PRODUCTS.

    (a) In General.--Not later than December 31, 2005, the head of each 
agency shall ensure, to the maximum extent practicable, that not less 
than 5 percent of the wood products purchased by the agency are 
sustainably produced wood products.
    (b) Applicability.--This section does not apply to an agency to 
which sufficient quantities of sustainably managed wood products are 
not reasonably available.

SEC. 16. AGENCY GOALS.

    (a) Recycling Goals.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, each agency shall establish and submit 
        to the Federal Environmental Executive--
                    (A) a goal for solid waste prevention and a goal 
                for recycling to be achieved by each of January 1, 
                2005, January 1, 2010, and January 1, 2015; or
                    (B) a goal for solid waste diversion to be achieved 
                by each of January 1, 2005, January 1, 2010, and 
                January 1, 2015.
            (2) Materials to be recycled.--The recycling programs 
        established to meet the goals established under paragraph (1) 
        shall provide for--
                    (A) recycling of white paper, mixed paper and 
                cardboard, aluminum, plastic, and glass;
                    (B) recycling, reuse, or refurbishment of pallets;
                    (C) collection of toner cartridges for 
                remanufacturing; and
                    (D) the reduction of use of, or the recycling of, 
                batteries, scrap metal, fluorescent lamps and ballasts, 
                and electronic equipment.
    (b) Goals for Purchases of Recycled Content Products and 
Environmentally Preferable Products and Services.--
            (1) Government-wide goal.--There is established a Federal 
        Government-wide goal for purchases of green products that is 
        equal to not less than 15 percent of the total value of all 
        contract awards for the previous fiscal year.
            (2) Major procuring agencies.--In each fiscal year, each 
        major procuring agency shall conduct not fewer than 5 pilot 
        purchases of environmentally preferable products and services.
    (c) Incorporation of Goals Into Annual Performance Plans.--
Beginning with the submission to the Director of the Office of 
Management and Budget of the annual performance plan under section 1115 
of title 31, United States Code, that accompanies the budget for fiscal 
year 2002, each agency shall incorporate into each annual performance 
plan of the agency submitted under that section--
            (1) the goals established under this section; and
            (2) the 100 percent goal for purchasing recycled content 
        products established by the Government-wide Strategic Plan to 
        Implement Executive Order 13101, dated March 12, 1999.
    (d) Reports to Federal Environmental Executive.--Each agency shall 
submit to the Federal Environmental Executive for inclusion in the 
biennial report and scorecard required under section 5(b)(3) reports on 
progress in achieving the goals established under this section.

SEC. 17. ACCOUNTABILITY, APPLICABILITY, AND OTHER REQUIREMENTS.

    (a) Contractor and Subcontractor Applicability.--
            (1) In general.--A contract awarded by an agency after the 
        date of enactment of this Act shall include clauses that 
        obligate the contractor or a subcontractor under the contract 
        to comply with this Act in conducting operations under the 
        contract if the contract provides for--
                    (A) contractor or subcontractor operation of a 
                facility that is owned or leased by the Federal 
                Government; or
                    (B) contractor, subcontractor, or other support 
                services to be furnished at a facility that is owned or 
                operated by the Federal Government.
            (2) Compliance reports.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, and annually thereafter, 
                using the Federal Procurement Data System, an agency 
                shall submit to the Federal Environmental Executive and 
                the Administrator for Federal Procurement Policy a 
                report on the compliance of contractors and 
                subcontractors of the agency with this section.
                    (B) Data.--The Administrator for Federal 
                Procurement Policy shall submit to Congress, in the 
                biennial report to Congress required by section 6002 of 
                the Solid Waste Disposal Act (42 U.S.C. 6962) and 
                through use of the Federal Procurement Data System, all 
                data collected using the Federal Procurement Data 
                System by the Administrator for Federal Procurement 
                Policy during the 2 fiscal years preceding the year in 
                which the report is submitted.
    (b) Real Property Acquisition and Management.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, to the extent permitted by law and as 
        economically feasible, each agency shall ensure, to the maximum 
        extent practicable, that the agency complies with this Act in 
        the acquisition and management of real property by the Federal 
        Government.
            (2) Environmental and recycling provisions.--The 
        Administrator of General Services and heads of other agencies 
        shall include environmental and recycling provisions in each 
        contract for--
                    (A) the acquisition and management of all real 
                property leased by an agency; or
                    (B) the construction of a new Federal building.
    (c) Retention of Funds.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of General Services 
        shall develop a legislative proposal to continue the program 
        that--
                    (A) retains, for use by agencies, the proceeds from 
                each sale of material recovered through recycling or 
                waste prevention programs; and
                    (B) specifies the eligibility requirements for the 
                material being recycled.
            (2) Return of funds.--The legislative proposal under 
        paragraph (1) shall provide that proceeds described in 
        paragraph (1)(A) shall be returned to the facility generating 
        the material, to be used in enhancing recycling or waste 
        prevention programs.
            (3) Non-gsa managed facilities.--Each agency having 
        jurisdiction over a facility that is not managed by the 
        Administrator of General Services, to the extent permitted by 
        law, shall develop a plan to retain the proceeds of any sale of 
        material recovered through a recycling or waste prevention 
        program of the agency.
    (d) Model Demonstration Programs.--Each agency shall establish a 
model demonstration program for recycling or waste prevention that 
incorporates, as determined to be appropriate by the head of the 
agency--
            (1) the demonstration and testing of new and innovative 
        approaches to recycling and waste management, such as the 
        incorporation of environmentally preferable products and 
        services or biobased products;
            (2) an increase in the quantity and types of products and 
        services used by the agency that contain recovered materials;
            (3) the expansion of collection programs;
            (4) the implementation of source reduction programs;
            (5) the composting of organic material, when feasible; and
            (6) the exploration of partnerships between the public 
        sector and private sector to develop markets for recovered 
        materials.
    (e) Recycling Programs.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, each agency shall implement a program to 
        promote cost-effective waste prevention and recycling of 
        material in all of the facilities of the agency.
            (2) Compliance.--A recycling program implemented under this 
        section shall be consistent with applicable State and local 
        recycling requirements.
            (3) Recycling coordinator.--
                    (A) In general.--In carrying out this subsection, 
                an agency shall designate a recycling coordinator for 
                each facility of the agency.
                    (B) Duties.--The recycling coordinator shall 
                implement or maintain waste prevention and recycling 
                programs in the action plans of the agency.
            (4) Cooperation.--In carrying out this subsection, an 
        agency shall take into consideration cooperative ventures with 
        State and local governments to promote community recycling and 
        waste reduction.
            (5) Review of implementation.--The Inspector General (or an 
        equivalent officer) of an agency that implements a program 
        under this subsection shall periodically review the compliance 
        of the agency with this subsection.
            (6) Annual budget submission.--
                    (A) In general.--Each agency shall include in the 
                annual budget submission of the agency a specific 
                request for funding to carry out this section.
                    (B) Guidance.--As soon as practicable after the 
                date of enactment of this Act, the Director of the 
                Office on Management and Budget shall issue guidance to 
                assist an agency in developing appropriate requests 
                that support sound investments in recycled content, 
                environmentally preferable products and services, and 
                environmental improvements.
                    (C) Assistance fund.--The Director of the Office on 
                Management and Budget shall determine the feasibility 
                of establishing a fund to assist agencies that 
                implement programs under this subsection in--
                            (i) financing environmental management 
                        activities; and
                            (ii) making investments that may have 
                        higher initial costs but lower life-cycle 
                        costs.

SEC. 18. AWARENESS, TRAINING, AND AWARDS PROGRAMS.

    (a) Awareness.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Federal Acquisition Institute and 
        the Defense Acquisition University shall submit to the Federal 
        Environmental Executive, the Administrator for Federal 
        Procurement Policy, and, relating to the Defense Acquisition 
        University, the Secretary of Defense, recommendations for 
        curriculum changes to ensure, to the maximum extent 
        practicable, that acquisition officials of each agency are 
        informed of the requirements of this Act.
            (2) Revisions.--Not later than 14 days after the date of 
        receipt of revisions requested by the Federal Environmental 
        Executive or the Office of Procurement Policy, the Federal 
        Acquisition Institute and Defense Acquisition University shall 
        make those revisions.
            (3) Implementation.--Not later than 30 days after the date 
        of receipt by the Federal Environmental Executive and the 
        Administrator for Federal Procurement Policy of recommendations 
        under paragraph (1), the Federal Acquisition Institute and 
        Defense Acquisition University shall implement the 
        recommendations approved by the Federal Environmental Executive 
        and the Administrator for Federal Procurement Policy.
    (b) Training.--
            (1) In general.--To ensure, to the maximum extent 
        practicable, that management personnel of each agency are 
        informed of the requirements of this Act, the head of each 
        agency shall provide appropriate training to program management 
        personnel, including--
                    (A) senior level management personnel;
                    (B) program managers;
                    (C) contracting and acquisition personnel;
                    (D) facility and fleet managers;
                    (E) contractors;
                    (F) purchase card holders; and
                    (G) other personnel, as appropriate.
            (2) Senior level management training.--In providing 
        training under this subsection, the head of each agency shall 
        include training on the requirements of this Act in all 
        standard senior level management training, including--
                    (A) all senior level management training courses 
                conducted by the Office of Personnel Management; and
                    (B) training provided by the Federal Executive 
                Institute.
    (c) Awards Programs.--
            (1) Internal agency awards programs.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the head of each agency 
                that has not already done so shall develop an internal 
                agency-wide awards program to reward personnel that 
                develop the most innovative environmental programs.
                    (B) Eligibility for other awards programs.--A 
                winner of an agency-wide award under subparagraph (A) 
                shall be eligible for entry to the White House Awards 
                Program under paragraph (2).
            (2) White house awards program.--The Federal Environmental 
        Executive, in cooperation with the Council on Environmental 
        Quality, shall recognize, through a White House Awards Program, 
        the Federal programs that are the most innovative in educating 
        on the objectives of, and implementing, this Act.
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