II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Greening the Govern5 ment Act of 2000’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) the Pollution Prevention Act of 1990 (42

2 U.S.C. 13101 et seq.) established a national policy

3 of preventing pollution whenever feasible;

4 (2) in accordance with that policy—

5 (A) pollution that cannot be prevented

6 should be recycled;

7 (B) pollution that cannot be prevented or

8 recycled should be treated in an environ9 mentally safe manner;

10 (C) disposal of pollution should be em11 ployed only as a last resort; and

12 (3) consistent with the demands of efficiency

13 and cost effectiveness, the head of each Federal

14 agency should—

15 (A) incorporate increased waste prevention

16 and recycling measures in the daily operations

17 of the agency; and

18 (B) work to expand markets for recovered

19 products through greater preference and de20 mand for those products by the Federal Gov21 ernment.

22 (b) PURPOSES.—The purposes of this Act are—

23 (1) to require Federal agencies to comply with

24 certain policies in—
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1 (A) the acquisition and use of recycled con2 tent products and environmentally preferable

3 products and services (including biobased prod4 ucts);

5 (B) the implementation of cost-effective ac6 quisition preference programs favoring the pur7 chase of those products and services; and

8 (2) to establish positions in each Federal agen9 cy, and to appoint a steering committee, a Federal

10 Environmental Executive, and a task force, to assist

11 in carrying out this Act.

12 SEC. 3. DEFINITIONS.

13 In this Act:

14 (1) ACQUISITION.—The term ‘‘acquisition’’ has

15 the meaning given the term in Executive Order

16 13101 (63 Fed. Reg. 49643 (September 16, 1998)).

17 (2) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency.

20 (3) AFFIRMATIVE ACQUISITION PROGRAM.—The

21 term ‘‘affirmative acquisition program’’ means the

22 program developed under section 7(b).

23 (4) AGENCY.—
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1 (A) IN GENERAL.—The term ‘‘agency’’ has

2 the meaning given the term ‘‘executive agency’’

3 in section 105 of title 5, United States Code.

4 (B) INCLUSION.—The term ‘‘agency’’ in5 cludes the military departments (as defined in

6 section 102 of title 5, United States Code).

7 (5) AGENCY ENVIRONMENTAL EXECUTIVE.—

8 The term ‘‘agency environmental executive’’ means

9 an individual designated under section 6(b).

10 (6) BIOBASED PRODUCT.—

11 (A) IN GENERAL.—The term ‘‘biobased

12 product’’ means a commercial or industrial

13 product that uses biological products or renew14 able domestic agricultural material (such as

15 plant, animal, or marine material) or forestry

16 material, as determined by the Secretary of Ag17 riculture.

18 (B) EXCLUSION.—The term ‘‘biobased

19 product’’ does not include—

20 (i) food for human consumption; or

21 (ii) feed for livestock.

22 (7) COMPREHENSIVE PROCUREMENT GUIDE23 LINE.—The term ‘‘comprehensive procurement

24 guideline’’ means a guideline for procurement of a

25 product or service prepared by the Administrator
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1 under section 6002(e) of the Solid Waste Disposal

2 Act (42 U.S.C. 6962(e)).

3 (8) ENVIRONMENTALLY PREFERABLE PRODUCT

4 OR SERVICE.—The term ‘‘environmentally preferable

5 product or service’’ means a product or service, the

6 raw material acquisition, production, manufacturing,

7 packaging, distribution, reuse, operation, mainte8 nance, or disposal of which causes the product or

9 service to have a lesser or reduced effect on human

10 health and the environment than a competing prod11 uct or service that serves the same purpose.

12 (9) FACILITY.—The term ‘‘facility’’ has the

13 meaning given the term in Executive Order 13148

14 (65 Fed. Reg. 24605 (April 26, 2000)).

15 (10) FEDERAL ENVIRONMENTAL EXECUTIVE.—

16 The term ‘‘Federal Environmental Executive’’

17 means the individual designated under section 5(a).

18 (11) FEDERAL PROCUREMENT DATA SYSTEM.—

19 The term ‘‘Federal Procurement Data System’’

20 means the system provided for under section 6(d)(4)

21 of the Office of Federal Procurement Policy Act (41

22 U.S.C. 405(d)(4)(A)).

23 (12) GUIDELINE ITEM.—The term ‘‘guideline

24 item’’ means a product or service designated as a

25 guideline item by the Administrator under section
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1 6002 of the Solid Waste Disposal Act (42 U.S.C.

2 6962), as codified in part 247 of title 40, Code of

3 Federal Regulations.

4 (13) LIFE CYCLE ASSESSMENT.—The term ‘‘life

5 cycle assessment’’ means the comprehensive exam6 ination of the environmental and economic aspects

7 and potential impacts of a product throughout its

8 lifetime (including throughout raw material extrac9 tion, transportation, manufacturing, use, and dis10 posal of the product).

11 (14) LIFE CYCLE COST.—

12 (A) IN GENERAL.—The term ‘‘life cycle

13 cost’’ means the amortized annual cost of a

14 product or service discounted over the lifetime

15 of the product or service.

16 (B) INCLUSIONS.—The term ‘‘life cycle

17 cost’’ includes amortized annual capital costs,

18 installation costs, operating costs, maintenance

19 costs, and disposal costs of a product or service.

20 (15) MAJOR PROCURING AGENCY.—The term

21 ‘‘major procuring agency’’ means an agency that, in

22 the preceding fiscal year, procured more than

23 $50,000,000 in products and services.

24 (16) MICRO-PURCHASE THRESHOLD.—The

25 term ‘‘micro-purchase threshold’’ has the meaning
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1 given the term in section 32(f) of the Office of Fed2 eral Procurement Policy Act (41 U.S.C. 428(f)).

3 (17) POLLUTION PREVENTION.—The term

4 ‘‘pollution prevention’’ means—

5 (A) source reduction (as defined in section

6 6603 of the Pollution Prevention Act of 1990

7 (42 U.S.C. 13102)); and

8 (B) any other practice that reduces or

9 eliminates the creation of pollutants through—

10 (i) increased efficiency in the use of

11 raw materials, energy, water, or other re12 sources; or

13 (ii) the protection of natural resources

14 through conservation.

15 (18) POSTCONSUMER MATERIAL.—The term

16 ‘‘postconsumer material’’ means a material or fin17 ished product that has—

18 (A) served its intended use;

19 (B) completed its life as a consumer item;

20 and

21 (C) been discarded for disposal or recovery.

22 (19) RECOVERED MATERIAL.—The term ‘‘re23 covered material’’ has the meaning given the term in

24 section 1004 of the Solid Waste Disposal Act (42

25 U.S.C. 6903).
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1 (20) RECYCLABILITY.—The term

2 ‘‘recyclability’’ means the extent to which a product

3 or material may be recovered from, or otherwise di4 verted from, the solid waste stream for the purpose

5 of recycling.

6 (21) RECYCLING.—

7 (A) IN GENERAL.—The term ‘‘recycling’’

8 means the series of activities by which a prod9 uct or material is recovered from the solid

10 waste stream for use as a raw material in the

11 manufacture of a new product, other than fuel,

12 for producing heat or power by combustion.

13 (B) INCLUSIONS.—The term ‘‘recycling’’

14 includes collection, separation, and processing.

15 (22) STEERING COMMITTEE.—The term ‘‘Steer16 ing Committee’’ means the Steering Committee on

17 Greening the Government established by section

18 4(a).

19 (23) SUSTAINABLY PRODUCED WOOD PROD20 UCT.—The term ‘‘sustainably produced wood prod21 uct’’ means a wood product that has been verified

22 through a chain of custody system to have originated

23 in a forest that has been certified as being

24 sustainably managed by an organization that, as de25 termined by the Federal Environmental Executive—
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1 (A) does not have an equity interest in the

2 forest or the management of the forest;

3 (B) is independent from any timber trade

4 association;

5 (C) adheres, at a minimum, to the Prin6 ciples and Criteria of the Forest Stewardship

7 Council in effect as of February 2000 (or the

8 equivalent requirements of a similar organiza9 tion); and

10 (D) conducts annual on-the-ground audits

11 of each forest certified.

12 (24) TASK FORCE.—The term ‘‘Task Force’’

13 means the Task Force on Greening the Government

14 established under section 6(a).

15 (25) WASTE.—The term ‘‘waste’’ has the mean16 ing given the term ‘‘solid waste’’ in section 1004 of

17 the Solid Waste Disposal Act (42 U.S.C. 6903).

18 (26) WASTE PREVENTION.—The term ‘‘waste

19 prevention’’ means—

20 (A) a change in the design, manufacture,

21 purchase, or use of a product or material (in22 cluding packaging) to reduce the volume or tox23 icity of the product or material before the prod24 uct or material is discarded; or

25 (B) the reuse of a product or material.
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1 (27) WASTE REDUCTION.—The term ‘‘waste re2 duction’’ means the use of waste prevention, recy3 cling, or the purchase of recycled and environ4 mentally preferable products and materials to pre5 vent or decrease the generation of waste.

6 SEC. 4. STEERING COMMITTEE.

7 (a) IN GENERAL.—There is established a Steering

8 Committee on Greening the Government.

9 (b) COMPOSITION.—

10 (1) MEMBERS.—The Steering Committee shall

11 be composed of—

12 (A) the Chair of the Council on Environ13 mental Quality, who shall serve as Chairperson

14 of the Steering Committee;

15 (B) the Federal Environmental Executive;

16 and

17 (C) the Administrator for Federal Procure18 ment Policy.

19 (2) DUTIES.—The Steering Committee shall es20 tablish, and provide policy direction to, a Task Force

21 to facilitate the implementation of this Act in ac22 cordance with section 6(a).
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1 SEC. 5. FEDERAL ENVIRONMENTAL EXECUTIVE.

2 (a) IN GENERAL.—The President, acting through the

3 Administrator, shall designate a Federal Environmental

4 Executive.

5 (b) DUTIES.—The Federal Environmental Executive

6 shall—

7 (1) serve as Chairperson of the Task Force;

8 (2) take all actions necessary to ensure that ex9 ecutive agencies comply with this Act; and

10 (3) in accordance with section 6(a)(3), working

11 through the Task Force and in consultation with

12 agency environmental executives, submit to the

13 President a biennial report on the progress made in

14 carrying out this Act that includes—

15 (A) information from agency reports con16 cerning the progress of the Federal Government

17 in implementing—

18 (i) Executive Order 13101 (63 Fed.

19 Reg. 49643 (September 16, 1998));

20 (ii) Executive Order 13148 (65 Fed.

21 Reg. 24595 (April 21, 2000));

22 (iii) Executive Order 13149 (65 Fed.

23 Reg. 24607 (April 21, 2000));

24 (iv) Executive Order 13134 (64 Fed.

25 Reg. 44639 (August 12, 1999)); and
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1 (v) Executive Order 13123 (64 Fed.

2 Reg. 30851 (June 3, 1999));

3 (B) the agency environmental scorecards

4 completed under paragraph (4);

5 (4) in coordination with the Director of the Of6 fice of Management and Budget, develop agency en7 vironmental scorecards and a scoring system to

8 evaluate each agency’s progress in meeting the goals

9 of this Act, that includes, at a minimum—

10 (A) purchases of recycled content products

11 and environmentally preferable products and

12 services of the agency;

13 (B) the recycling or waste diversion rate of

14 the agency; and

15 (C) innovative recycling and waste preven16 tion practices of the agency;

17 (5) in coordination with the Administrator for

18 Federal Procurement Policy, the Administrator, the

19 Administrator of General Services, and the Secretary

20 of Agriculture, convene a group of acquisition man21 agers, State environmental officials, and State and

22 local government managers to cooperate with State

23 and local governments in improving the use by Fed24 eral, State, and local governments of recycled con-
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1 tent products and environmentally preferable prod2 ucts and services;

3 (6) coordinate appropriate Federal Government4 wide education and training programs for executive

5 agencies; and

6 (7) establish committees and work groups, as

7 necessary (including the designation of appropriate

8 personnel in the areas of acquisition, standards and

9 specifications, electronic commerce, facilities man10 agement, pollution and waste prevention, and recy11 cling, and other areas), to identify, assess, and rec12 ommend actions to be taken to meet and carry out

13 the goals, responsibilities, and initiatives of the Fed14 eral Environmental Executive.

15 SEC. 6. TASK FORCE; AGENCY ENVIRONMENTAL EXECU16 TIVES.

17 (a) TASK FORCE.—

18 (1) IN GENERAL.—As soon as practicable after

19 the date of enactment of this Act, the Steering Com20 mittee shall establish a Task Force on Greening the

21 Government.

22 (2) COMPOSITION.—The Task Force shall be—

23 (A) chaired by the Federal Environmental

24 Executive; and
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1 (B) composed of senior staff from the

2 major procuring agencies, as determined by the

3 Steering Committee in consultation with the

4 major procuring agencies.

5 (3) DUTIES.—The Task Force shall—

6 (A) assist the Federal Environmental Ex7 ecutive and agencies in carrying out this Act,

8 subject to policy direction provided by the

9 Steering Committee; and

10 (B) acting through the Federal Environ11 mental Executive, submit to the Chairperson of

12 the Steering Committee a biennial report on the

13 progress made in carrying out this Act.

14 (4) RESOURCES; SUPPORT.—On request by the

15 Steering Committee, a major procuring agency shall

16 provide resources and support to the Task Force

17 and the Federal Environmental Executive, to the ex18 tent practicable.

19 (b) AGENCY ENVIRONMENTAL EXECUTIVES.—

20 (1) DESIGNATION.—Not later than 90 days

21 after the date of enactment of this Act, the head of

22 each major procuring agency shall designate as an

23 agency environmental executive an employee of the

24 major procuring agency who serves at a level not

25 lower than Assistant Secretary (or the equivalent).
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1 (2) DUTIES.—An agency environmental execu2 tive shall—

3 (A) translate the Government-Wide Stra4 tegic Plan to Implement Executive Order

5 13101, dated March 12, 1999, into an agency6 specific plan;

7 (B) implement the plan;

8 (C) report to the Federal Environmental

9 Executive on the progress in implementing the

10 plan;

11 (D) work with the Federal Environmental

12 Executive and the Task Force in carrying out

13 this Act;

14 (E) track, and report to the Federal Envi15 ronmental Executive in accordance with the rec16 ommendations developed in under section

17 5(b)(7), the purchases of the major procuring

18 agency of products and services designated as

19 guideline items;

20 (F) require acquisition personnel, in cases

21 in which guideline items purchased by an agen22 cy are purchased in quantities that exceed the

23 micro-purchase threshold, to—

24 (i) justify in writing to the agency en25 vironmental executive the reasons pur-
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1 chasing the guideline items in those quan2 tities; and

3 (ii) submit to the agency environ4 mental executive a plan and schedule for

5 any further increases in agency purchases

6 of guideline items; and

7 (G) not later than 1 year after a product

8 or service is determined to be a biobased prod9 uct, estimate and report to the Secretary of Ag10 riculture the annual level of purchases by the

11 agency of those products and services.

12 SEC. 7. ACQUISITION PLANNING AND AFFIRMATIVE ACQUI13 SITION PROGRAMS.

14 (a) ACQUISITION PLANNING.—

15 (1) IN GENERAL.—In developing a plan, draw16 ing, work statement, specification, or other product

17 description, an agency shall consider, as appropriate,

18 a broad range of factors, including—

19 (A) the elimination of virgin material re20 quirements;

21 (B) the use of biobased products;

22 (C) the use of recovered materials;

23 (D) the reuse of products;

24 (E) life cycle cost;

25 (F) recyclability;
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1 (G) the use of environmentally preferable

2 products and services;

3 (H) waste prevention (including toxicity re4 duction or elimination); and

5 (I) ultimate disposal.

6 (2) CONSIDERATION OF FACTORS.—The factors

7 specified in paragraph (1) should be considered in

8 acquisition planning for all procurement and in the

9 evaluation and award of contracts, as appropriate.

10 (3) PROGRAM AND ACQUISITION MANAGERS.—

11 The program and acquisition managers of an agency

12 should take an active role in the consideration of

13 factors under paragraph (2).

14 (b) AFFIRMATIVE ACQUISITION PROGRAMS.—

15 (1) IN GENERAL.—Not later than 90 days after

16 the date of enactment of this Act, the head of each

17 agency shall—

18 (A) develop and implement an affirmative

19 acquisition program in accordance with section

20 6002 of the Solid Waste Disposal Act (42

21 U.S.C. 6962); and this Act; and

22 (B) consider incorporating within the af23 firmative acquisition program of the agency the

24 use of acquisition tools and methods described

25 in section 1657 of the Alternative Agricultural
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1 Research and Commercialization Act of 1990 (7

2 U.S.C. 5909).

3 (2) DUTIES OF PERSONNEL.—The head of each

4 agency shall ensure that responsibilities for prepara5 tion, implementation, and monitoring of an affirma6 tive acquisition program under this subsection are

7 shared between the program personnel and acquisi8 tion personnel.

9 (c) GUIDELINE ITEMS.—

10 (1) IN GENERAL.—Except as provided in para11 graph (2), as soon as practicable after the date of

12 enactment of this Act, each agency shall establish an

13 affirmative acquisition program for all products and

14 services procured by the agency that are guideline

15 items.

16 (2) NEWLY-DESIGNATED ITEMS.—Not later

17 than 1 year after the date on which the Adminis18 trator designates a product or service as a guideline

19 item, an agency that purchases the newly-designated

20 guideline item shall revise the affirmative acquisition

21 program of the agency.

22 (3) AGENCY PURCHASES.—

23 (A) IN GENERAL.—Except for purchases of

24 biobased products, subject to subparagraph (B),

25 the head of each agency shall ensure, to the
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1 maximum extent practicable, that any affirma2 tive acquisition program of the agency requires

3 100 percent of each purchase of the agency (in4 cluding a purchase below the micro-purchase

5 threshold) to meet or exceed the comprehensive

6 procurement guideline for each product and

7 service purchased.

8 (B) PURCHASES BELOW MICRO-PURCHASE

9 THRESHOLD.—

10 (i) IN GENERAL.—Not later than 180

11 days after the date of enactment of this

12 Act, each agency shall issue, and submit to

13 the Administrator for Federal Procure14 ment Policy, guidance concerning the pur15 chase of guideline items in quantities not

16 in excess of the equivalent of the micro17 purchase threshold.

18 (ii) AGGREGATION.—The guidance

19 issued under clause (i) should encourage

20 the aggregation of agency purchases of

21 guideline items to promote economy and

22 efficiency.

23 (iii) RECYCLED CONTENT PRODUCTS

24 AND SERVICES.—No written justification

25 from an agency shall be required for the
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1 purchase by the agency of a product that

2 is not a recycled content product if the

3 purchase is below the micro-purchase

4 threshold.

5 SEC. 8. FEDERAL FACILITY COMPLIANCE.

6 (a) FEDERAL INSPECTIONS.—For any inspection of

7 a Federal facility under subtitle F of the Solid Waste Dis8 posal Act (42 U.S.C. 6961 et seq.) (including any multi9 media inspection carried out by the Administrator at a

10 Federal facility), the inspection shall include an evaluation

11 of the compliance of the Federal facility with section 6002

12 of that Act (42 U.S.C. 6962) (including regulations and

13 any implementing guidance).

14 (b) STATE INSPECTIONS.—

15 (1) IN GENERAL.—For any inspection of a Fed16 eral facility that is carried out by an authorized

17 State under the Solid Waste Disposal Act (42

18 U.S.C. 6901 et seq.), the Administrator shall require

19 the State to include in the inspection an evaluation

20 of the compliance of the Federal facility with section

21 6002 of that Act (42 U.S.C. 6962) that takes into

22 consideration, as appropriate, any regulations and

23 implementing guidance.

24 (2) ASSISTANCE.—The Administrator may pro25 vide information and technical assistance to a State
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1 to assist the State in considering guidance in con2 nection with an inspection under paragraph (1).

3 (c) REPORT.—Not later than February 1, 2002, and

4 annually thereafter, the Administrator shall submit to the

5 Federal Environmental Executive a report describing the

6 results of each inspection performed by the Administrator

7 or a State under this section during the preceding fiscal

8 year.

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

10 SERVICE DESCRIPTIONS.

11 (a) IN GENERAL.—

12 (1) USE OF RECOVERED MATERIAL; PUR13 CHASING CRITERIA.—When developing, reviewing, or

14 revising a specification, product or service descrip15 tion (including a commercial item description), or

16 standard, an agency shall—

17 (A) consider recycled content material and

18 any environmentally preferable purchasing cri19 teria developed by the Administrator; and

20 (B) comply with the purchasing criteria.

21 (2) REPORTS.—

22 (A) SUBMISSION TO FEDERAL ENVIRON23 MENTAL EXECUTIVE.—An agency shall annu24 ally submit to the Federal Environmental Exec25 utive a report that describes the compliance by
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1 the agency with paragraph (1) during the pre2 ceding year.

3 (B) INCORPORATION IN BIENNIAL RE4 PORT.—The Federal Environmental Executive

5 shall incorporate each report under subpara6 graph (A) in the biennial report submitted to

7 the President under section 6002 of the Solid

8 Waste Disposal Act (42 U.S.C. 6962).

9 (b) INCONSISTENCY WITH APPLICABLE LAW.—

10 (1) IN GENERAL.—If the Federal Environ11 mental Executive determines that there is an incon12 sistency between a specification, standard, or prod13 uct description of an agency and a provision of sec14 tion 6002 of the Solid Waste Disposal Act (42

15 U.S.C. 6962) or of this Act, the Federal Environ16 mental Executive shall request that the agency envi17 ronmental executive of the agency submit to the

18 Federal Environmental Executive—

19 (A) a statement of reasons why the speci20 fication, standard, or product description can21 not be revised to eliminate the inconsistency; or

22 (B) a plan for revising the specification

23 standard, or product description not later than

24 60 days after the date of submission of the

25 plan.
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1 (2) REVISION.—If the response of an agency is

2 to the effect that the agency will be able to revise

3 the specification, standard, or product description to

4 eliminate the inconsistency, but will not be able to

5 do so within 60 days, the agency environmental ex6 ecutive shall monitor and implement the plan for re7 vising the specification, standard, or product de8 scription.

9 SEC. 10. DESIGNATION OF PRODUCTS THAT CONTAIN RE10 COVERED MATERIAL.

11 (a) IN GENERAL.—The Administrator shall designate

12 products that are or can be made with recovered material

13 in accordance with section 6002(e) of the Solid Waste Dis14 posal Act (42 U.S.C. 6962(e)) and this section.

15 (b) AMENDMENT OF COMPREHENSIVE PROCURE16 MENT GUIDELINES.—

17 (1) IN GENERAL.—The Administrator shall des18 ignate products and services that are or can be made

19 with recovered material, by promulgating amend20 ments to the comprehensive procurement guidelines.

21 (2) UPDATING.—The Administrator shall

22 amend the comprehensive procurement guideline at

23 least every 2 years.

24 (c) RECOVERED MATERIAL ADVISORY NOTICES.—
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1 (1) IN GENERAL.—Concurrent with the promul2 gation of amendments to the comprehensive procure3 ment guideline, the Administrator shall publish for

4 comment in the Federal Register Recovered Material

5 Advisory Notices that describe the range of recov6 ered material content levels within which the des7 ignated products are currently available.

8 (2) UPDATING.—The content levels referred to

9 in paragraph (1) shall be updated periodically, after

10 opportunity for public comment, to reflect changes

11 in market conditions.

12 (d) MODIFICATION OF PROCUREMENT PROGRAMS.—

13 After the Administrator revises the comprehensive pro14 curement guidelines to designate products containing re15 covered material, each agency shall modify its affirmative

16 acquisition program to require that purchases of those

17 designated products by the agency meet or exceed the re18 covered material content levels in the Recovered Material

19 Advisory Notices described in subsection (c), unless writ20 ten justification is provided to the appropriate agency en21 vironmental executive.

22 SEC. 11. ACQUISITION OF ENVIRONMENTALLY PREF23 ERABLE PRODUCTS AND SERVICES.

24 (a) UPDATING OF GUIDANCE.—The Administrator

25 shall update Environmental Protection Agency guidance
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1 to agencies on environmentally preferable purchasing at

2 least every 2 years.

3 (b) ENVIRONMENTALLY PREFERABLE PRODUCTS

4 AND SERVICES LIST.—

5 (1) PUBLICATION.—Not later than 1 year after

6 the date of enactment of this Act, the Administrator

7 shall publish an Environmentally Preferable Prod8 ucts and Services List for the use of agencies in

9 complying with this Act that—

10 (A) designates products and services that

11 have environmentally preferable characteristics;

12 (B) describes the relevant environmentally

13 preferable characteristics to consider when pur14 chasing those products and services;

15 (C) recommends environmentally pref16 erable levels for each characteristic;

17 (D) recommends practices with respect to

18 the acquisition of those products and services;

19 and

20 (E) identifies known manufacturers or ven21 dors of the designated products and services

22 within the recommended levels.

23 (2) COMPLIANCE.—Not later than 1 year after

24 the date of publication of the list under paragraph

25 (1), each agency shall—
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1 (A) comply with this Act in making acqui2 sitions of products and services on the list; and

3 (B) purchase the environmentally pref4 erable products and services.

5 (c) PILOT PROJECTS.—

6 (1) IN GENERAL.—Each agency shall imme7 diately test and evaluate the principles and concepts

8 in the Guidance on the Acquisition of Environ9 mentally Preferable Products and Services through

10 the implementation of 5 pilot projects to provide

11 practical information to the Administrator for use in

12 future updates of the guidance.

13 (2) ASPECTS OF PILOT PROJECTS.—

14 (A) IN GENERAL.—

15 (i) USE.—The pilot projects referred

16 to in paragraph (1) shall be focused

17 around those product and service cat18 egories, including printing, that have wide

19 use within the Federal Government.

20 (ii) PRIORITIES.—Priorities con21 cerning which product and service cat22 egories to pilot shall be developed by the

23 individual agencies and the Administrator,

24 in consultation with the Administrator for

25 Federal Procurement Policy, the Federal
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1 Environmental Executive, and the appro2 priate agency procurement executives.

3 (iii) DISAGREEMENTS.—Any policy

4 disagreements shall be resolved by the

5 Steering Committee.

6 (B) RESOURCES.—

7 (i) IN GENERAL.—Each agency should

8 use all of the options available to the agen9 cy in determining the environmentally pref10 erable characteristics of products and serv11 ices in a pilot project of the agency, includ12 ing the use of technical expertise of—

13 (I) nongovernmental entities

14 (such as labeling, certification, or

15 standard-developing organizations);

16 and

17 (II) the National Institute of

18 Standards and Technology.

19 (ii) FEDERAL ASSISTANCE.—On re20 quest by an agency and to the extent prac21 ticable, the Administrator shall assist the

22 agency in designing, implementing, and

23 documenting the results of a pilot project

24 under this paragraph.

25 (C) DATABASE.—
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1 (i) IN GENERAL.—The Administrator,

2 in coordination with the heads of other

3 agencies, shall develop, submit to the Fed4 eral Environmental Executive a report on,

5 and make publicly accessible via the Inter6 net, a database of information on pilot

7 projects under this paragraph.

8 (ii) CONTENT.—The database shall

9 include—

10 (I) the number and status of

11 pilot projects;

12 (II) examples of policy directives

13 of agencies carrying out a pilot

14 project;

15 (III) revisions to specifications;

16 (IV) solicitation procedures; and

17 (V) grant or contract policies

18 that facilitate adoption of environ19 mentally preferable purchasing prac20 tices.

21 SEC. 12. DESIGNATION OF BIOBASED PRODUCTS BY THE

22 USDA.

23 (a) IN GENERAL.—Not later than 180 days after the

24 date of enactment of this Act, the Secretary of Agri25 culture, acting through the Biobased Products Coordina-
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1 tion Council, shall, in consultation with the Federal Envi2 ronmental Executive, publish in the Federal Register a

3 Biobased Products List.

4 (b) REVISION.—The Secretary of Agriculture shall

5 biannually update the list under subsection (a) to include

6 additional biobased products, as appropriate.

7 (c) MODIFICATION OF PROCUREMENT PROGRAMS.—

8 On publication of the list under subsection (a), each agen9 cy shall modify the affirmative acquisition program of the

10 agency to give consideration to products and services on

11 the list.

12 SEC. 13. MINIMUM CONTENT STANDARD FOR PRINTING

13 AND WRITING PAPER.

14 (a) IN GENERAL.—The head of each agency shall en15 sure, to the maximum extent practicable, that the agency

16 meets or exceeds the following minimum materials content

17 standards when purchasing printing and writing paper:

18 (1) HIGH QUALITY PAPER.—

19 (A) IN GENERAL.—Beginning December

20 31, 2005, for high speed copier paper, offset

21 paper, forms bond, computer printout paper,

22 carbonless paper, file folders, white wove enve23 lopes, writing and office paper, book paper, cot24 ton fiber paper, and cover stock, the minimum

25 content standard shall be not less than—
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1 (i) 40 percent postconsumer mate2 rials; or

3 (ii) 30 percent postconsumer mate4 rials/100 percent Processed Chlorine free.

5 (B) NONAVAILABILITY.—If paper de6 scribed in subparagraph (A) is not reasonably

7 available as of the date specified in subpara8 graph (A), does not meet reasonable perform9 ance requirements, or is available only at an

10 unreasonable price, the agency shall purchase

11 paper containing not less than 30 percent

12 postconsumer material.

13 (C) REVISION.—The Steering Committee,

14 in consultation with the agency environmental

15 executives, shall revise the standards described

16 in subparagraphs (A) and (B) as necessary.

17 (2) ALTERNATIVE FOR PRINTING AND WRITING

18 PAPER.—As an alternative to meeting the standards

19 under paragraph (1), for all printing and writing pa20 pers, the minimum content standard may be not less

21 than 50 percent recovered material that is a waste

22 material byproduct of a finished product (other than

23 a paper or textile product) that would otherwise be

24 disposed of in a landfill, as determined by the State

25 in which the facility is located.
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1 (b) PROHIBITION OF PURCHASE OR SALE OF SUB2 STANDARD PAPER.—Effective January 1, 2006, no agen3 cy shall purchase, sell, or arrange for the purchase of,

4 printing and writing paper that fails to meet the minimum

5 standards under this section.

6 SEC. 14. ACQUISITION OF REREFINED LUBRICATING OIL

7 AND RETREAD TIRES.

8 (a) IMPLEMENTATION.—

9 (1) IN GENERAL.—Each agency shall imple10 ment the acquisition guidelines of the Administrator

11 for rerefined lubricating oil and retread tires.

12 (2) ACQUISITION.—Fleet and commodity man13 agers of each agency shall take immediate steps, as

14 appropriate, to procure rerefined lubricating oil and

15 retread tires in accordance with section 6002 of the

16 Solid Waste Disposal Act (42 U.S.C. 6962).

17 (3) ACQUISITION OF BIOBASED OILS.—Nothing

18 in this section precludes the acquisition of a

19 biobased oil (such as a vegetable oil).

20 (b) EDUCATION.—The Federal Environmental Exec21 utive shall educate the personnel of each agency about the

22 new Department of Defense Cooperative Tire Qualifica23 tion Program (including the Cooperative Approval Tire

24 List and Cooperative Plant Qualification Program), as

25 those programs apply to retread tires.
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1 SEC. 15. ACQUISITION OF CERTIFIED WOOD PRODUCTS.

2 (a) IN GENERAL.—Not later than December 31,

3 2005, the head of each agency shall ensure, to the max4 imum extent practicable, that not less than 5 percent of

5 the wood products purchased by the agency are

6 sustainably produced wood products.

7 (b) APPLICABILITY.—This section does not apply to

8 an agency to which sufficient quantities of sustainably

9 managed wood products are not reasonably available.

10 SEC. 16. AGENCY GOALS.

11 (a) RECYCLING GOALS.—

12 (1) IN GENERAL.—Not later than 180 days

13 after the date of enactment of this Act, each agency

14 shall establish and submit to the Federal Environ15 mental Executive—

16 (A) a goal for solid waste prevention and

17 a goal for recycling to be achieved by each of

18 January 1, 2005, January 1, 2010, and Janu19 ary 1, 2015; or

20 (B) a goal for solid waste diversion to be

21 achieved by each of January 1, 2005, January

22 1, 2010, and January 1, 2015.

23 (2) MATERIALS TO BE RECYCLED.—The recy24 cling programs established to meet the goals estab25 lished under paragraph (1) shall provide for—
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1 (A) recycling of white paper, mixed paper

2 and cardboard, aluminum, plastic, and glass;

3 (B) recycling, reuse, or refurbishment of

4 pallets;

5 (C) collection of toner cartridges for re6 manufacturing; and

7 (D) the reduction of use of, or the recy8 cling of, batteries, scrap metal, fluorescent

9 lamps and ballasts, and electronic equipment.

10 (b) GOALS FOR PURCHASES OF RECYCLED CONTENT

11 PRODUCTS AND ENVIRONMENTALLY PREFERABLE PROD12 UCTS AND SERVICES.—

13 (1) GOVERNMENT-WIDE GOAL.—There is estab14 lished a Federal Government-wide goal for purchases

15 of green products that is equal to not less than 15

16 percent of the total value of all contract awards for

17 the previous fiscal year.

18 (2) MAJOR PROCURING AGENCIES.—In each fis19 cal year, each major procuring agency shall conduct

20 not fewer than 5 pilot purchases of environmentally

21 preferable products and services.

22 (c) INCORPORATION OF GOALS INTO ANNUAL PER23 FORMANCE PLANS.—Beginning with the submission to the

24 Director of the Office of Management and Budget of the

25 annual performance plan under section 1115 of title 31,
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1 United States Code, that accompanies the budget for fiscal

2 year 2002, each agency shall incorporate into each annual

3 performance plan of the agency submitted under that

4 section—

5 (1) the goals established under this section; and

6 (2) the 100 percent goal for purchasing recy7 cled content products established by the Govern8 ment-wide Strategic Plan to Implement Executive

9 Order 13101, dated March 12, 1999.

10 (d) REPORTS TO FEDERAL ENVIRONMENTAL EXECU11 TIVE.—Each agency shall submit to the Federal Environ12 mental Executive for inclusion in the biennial report and

13 scorecard required under section 5(b)(3) reports on

14 progress in achieving the goals established under this sec15 tion.

16 SEC. 17. ACCOUNTABILITY, APPLICABILITY, AND OTHER

17 REQUIREMENTS.

18 (a) CONTRACTOR AND SUBCONTRACTOR APPLICA19 BILITY.—

20 (1) IN GENERAL.—A contract awarded by an

21 agency after the date of enactment of this Act shall

22 include clauses that obligate the contractor or a sub23 contractor under the contract to comply with this

24 Act in conducting operations under the contract if

25 the contract provides for—
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1 (A) contractor or subcontractor operation

2 of a facility that is owned or leased by the Fed3 eral Government; or

4 (B) contractor, subcontractor, or other

5 support services to be furnished at a facility

6 that is owned or operated by the Federal Gov7 ernment.

8 (2) COMPLIANCE REPORTS.—

9 (A) IN GENERAL.—As soon as practicable

10 after the date of enactment of this Act, and an11 nually thereafter, using the Federal Procure12 ment Data System, an agency shall submit to

13 the Federal Environmental Executive and the

14 Administrator for Federal Procurement Policy

15 a report on the compliance of contractors and

16 subcontractors of the agency with this section.

17 (B) DATA.—The Administrator for Fed18 eral Procurement Policy shall submit to Con19 gress, in the biennial report to Congress re20 quired by section 6002 of the Solid Waste Dis21 posal Act (42 U.S.C. 6962) and through use of

22 the Federal Procurement Data System, all data

23 collected using the Federal Procurement Data

24 System by the Administrator for Federal Pro25 curement Policy during the 2 fiscal years pre-
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1 ceding the year in which the report is sub2 mitted.

3 (b) REAL PROPERTY ACQUISITION AND MANAGE4 MENT.—

5 (1) IN GENERAL.—Not later than 90 days after

6 the date of enactment of this Act, to the extent per7 mitted by law and as economically feasible, each

8 agency shall ensure, to the maximum extent prac9 ticable, that the agency complies with this Act in the

10 acquisition and management of real property by the

11 Federal Government.

12 (2) ENVIRONMENTAL AND RECYCLING PROVI13 SIONS.—The Administrator of General Services and

14 heads of other agencies shall include environmental

15 and recycling provisions in each contract for—

16 (A) the acquisition and management of all

17 real property leased by an agency; or

18 (B) the construction of a new Federal

19 building.

20 (c) RETENTION OF FUNDS.—

21 (1) IN GENERAL.—Not later than 90 days after

22 the date of enactment of this Act, the Administrator

23 of General Services shall develop a legislative pro24 posal to continue the program that—
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1 (A) retains, for use by agencies, the pro2 ceeds from each sale of material recovered

3 through recycling or waste prevention pro4 grams; and

5 (B) specifies the eligibility requirements

6 for the material being recycled.

7 (2) RETURN OF FUNDS.—The legislative pro8 posal under paragraph (1) shall provide that pro9 ceeds described in paragraph (1)(A) shall be re10 turned to the facility generating the material, to be

11 used in enhancing recycling or waste prevention pro12 grams.

13 (3) NON-GSA MANAGED FACILITIES.—Each

14 agency having jurisdiction over a facility that is not

15 managed by the Administrator of General Services,

16 to the extent permitted by law, shall develop a plan

17 to retain the proceeds of any sale of material recov18 ered through a recycling or waste prevention pro19 gram of the agency.

20 (d) MODEL DEMONSTRATION PROGRAMS.—Each

21 agency shall establish a model demonstration program for

22 recycling or waste prevention that incorporates, as deter23 mined to be appropriate by the head of the agency—

24 (1) the demonstration and testing of new and

25 innovative approaches to recycling and waste man-
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1 agement, such as the incorporation of environ2 mentally preferable products and services or

3 biobased products;

4 (2) an increase in the quantity and types of

5 products and services used by the agency that con6 tain recovered materials;

7 (3) the expansion of collection programs;

8 (4) the implementation of source reduction pro9 grams;

10 (5) the composting of organic material, when

11 feasible; and

12 (6) the exploration of partnerships between the

13 public sector and private sector to develop markets

14 for recovered materials.

15 (e) RECYCLING PROGRAMS.—

16 (1) IN GENERAL.—As soon as practicable after

17 the date of enactment of this Act, each agency shall

18 implement a program to promote cost-effective waste

19 prevention and recycling of material in all of the fa20 cilities of the agency.

21 (2) COMPLIANCE.—A recycling program imple22 mented under this section shall be consistent with

23 applicable State and local recycling requirements.

24 (3) RECYCLING COORDINATOR.—
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1 (A) IN GENERAL.—In carrying out this

2 subsection, an agency shall designate a recy3 cling coordinator for each facility of the agency.

4 (B) DUTIES.—The recycling coordinator

5 shall implement or maintain waste prevention

6 and recycling programs in the action plans of

7 the agency.

8 (4) COOPERATION.—In carrying out this sub9 section, an agency shall take into consideration coop10 erative ventures with State and local governments to

11 promote community recycling and waste reduction.

12 (5) REVIEW OF IMPLEMENTATION.—The In13 spector General (or an equivalent officer) of an

14 agency that implements a program under this sub15 section shall periodically review the compliance of

16 the agency with this subsection.

17 (6) ANNUAL BUDGET SUBMISSION.—

18 (A) IN GENERAL.—Each agency shall in19 clude in the annual budget submission of the

20 agency a specific request for funding to carry

21 out this section.

22 (B) GUIDANCE.—As soon as practicable

23 after the date of enactment of this Act, the Di24 rector of the Office on Management and Budget

25 shall issue guidance to assist an agency in de-
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1 veloping appropriate requests that support

2 sound investments in recycled content, environ3 mentally preferable products and services, and

4 environmental improvements.

5 (C) ASSISTANCE FUND.—The Director of

6 the Office on Management and Budget shall de7 termine the feasibility of establishing a fund to

8 assist agencies that implement programs under

9 this subsection in—

10 (i) financing environmental manage11 ment activities; and

12 (ii) making investments that may

13 have higher initial costs but lower life-cycle

14 costs.

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

16 (a) AWARENESS.—

17 (1) IN GENERAL.—Not later than 180 days

18 after the date of enactment of this Act, the Federal

19 Acquisition Institute and the Defense Acquisition

20 University shall submit to the Federal Environ21 mental Executive, the Administrator for Federal

22 Procurement Policy, and, relating to the Defense Ac23 quisition University, the Secretary of Defense, rec24 ommendations for curriculum changes to ensure, to

25 the maximum extent practicable, that acquisition of-
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1 ficials of each agency are informed of the require2 ments of this Act.

3 (2) REVISIONS.—Not later than 14 days after

4 the date of receipt of revisions requested by the Fed5 eral Environmental Executive or the Office of Pro6 curement Policy, the Federal Acquisition Institute

7 and Defense Acquisition University shall make those

8 revisions.

9 (3) IMPLEMENTATION.—Not later than 30 days

10 after the date of receipt by the Federal Environ11 mental Executive and the Administrator for Federal

12 Procurement Policy of recommendations under para13 graph (1), the Federal Acquisition Institute and De14 fense Acquisition University shall implement the rec15 ommendations approved by the Federal Environ16 mental Executive and the Administrator for Federal

17 Procurement Policy.

18 (b) TRAINING.—

19 (1) IN GENERAL.—To ensure, to the maximum

20 extent practicable, that management personnel of

21 each agency are informed of the requirements of this

22 Act, the head of each agency shall provide appro23 priate training to program management personnel,

24 including—

25 (A) senior level management personnel;
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1 (B) program managers;

2 (C) contracting and acquisition personnel;

3 (D) facility and fleet managers;

4 (E) contractors;

5 (F) purchase card holders; and

6 (G) other personnel, as appropriate.

7 (2) SENIOR LEVEL MANAGEMENT TRAINING.—

8 In providing training under this subsection, the head

9 of each agency shall include training on the require10 ments of this Act in all standard senior level man11 agement training, including—

12 (A) all senior level management training

13 courses conducted by the Office of Personnel

14 Management; and

15 (B) training provided by the Federal Exec16 utive Institute.

17 (c) AWARDS PROGRAMS.—

18 (1) INTERNAL AGENCY AWARDS PROGRAMS.—

19 (A) IN GENERAL.—As soon as practicable

20 after the date of enactment of this Act, the

21 head of each agency that has not already done

22 so shall develop an internal agency-wide awards

23 program to reward personnel that develop the

24 most innovative environmental programs.
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1 (B) ELIGIBILITY FOR OTHER AWARDS PRO2 GRAMS.—A winner of an agency-wide award

3 under subparagraph (A) shall be eligible for

4 entry to the White House Awards Program

5 under paragraph (2).

6 (2) WHITE HOUSE AWARDS PROGRAM.—The

7 Federal Environmental Executive, in cooperation

8 with the Council on Environmental Quality, shall

9 recognize, through a White House Awards Program,

10 the Federal programs that are the most innovative

11 in educating on the objectives of, and implementing,

12 this Act.

Æ