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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1819 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1819

   To promote research on, and development, acquisition, and use of, 
 environmentally efficient materials in the construction, repair, and 
                   maintenance of Federal buildings.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 1993

Mr. Fingerhut introduced the following bill; which was referred jointly 
 to the Committees on Science, Space, and Technology and Public Works 
                           and Transportation

_______________________________________________________________________

                                 A BILL

 
   To promote research on, and development, acquisition, and use of, 
 environmentally efficient materials in the construction, repair, and 
                   maintenance of Federal buildings.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Environmentally Efficient 
Building Materials Act of 1993''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``agency'' means an Executive agency as 
        defined under section 105 of title 5, United States Code, and 
        any agency of the judicial branch of Government.
            (3) The term ``environmentally efficient materials'' means 
        any recycled, recovered, reclaimed, or reused material whose 
        production, manufacture, fabrication, and use conserves and 
        preserves natural resources when compared to the production, 
        manufacture, fabrication, and use of comparable, more 
        conventional materials.
            (4) The term ``environmentally efficient building 
        materials'' means any environmentally efficient material which 
        may be used in the construction of a building or facility.
            (5) The term ``solid waste'' means any garbage, refuse, 
        sludge from a waste treatment plant, water supply treatment 
        plant, or air pollution control facility and other discarded 
        material, including solid, liquid, semisolid, or contained 
        gaseous material resulting from industrial, commercial, mining, 
        and agricultural operations, and from community activities, but 
        does not include solid or dissolved material in domestic 
        sewage, or solid or dissolved materials in irrigation return 
        flows or industrial discharges which are point sources subject 
        to permits under section 402 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1342) or source, special nuclear, or 
        byproduct material as defined by the Atomic Energy Act of 1954 
        (42 U.S.C. 2011 et seq.).
            (6) The term ``construction'' with respect to any project 
        of construction under this Act, means (A) the erection or 
        building of new structures and acquisition of lands or 
        interests therein, or the acquisition, replacement, expansion, 
        remodeling, alteration, modernization, or extension of existing 
        structures, and (B) the acquisition and installation of initial 
        equipment of, or required in connection with, new or newly 
        acquired structures or the expanded, remodeled, altered, 
        modernized or extended part of existing structures (including 
        trucks and other motor vehicles, and tractors, cranes, and 
        other machinery) necessary for the proper utilization and 
        operation of the facility after completion of the project; and 
        includes preliminary planning to determine the economic and 
        engineering feasibility and the public health and safety 
        aspects of the project, the engineering, architectural, legal, 
        fiscal, and economic investigations and studies, and any 
        surveys, designs, plans, working drawings, specifications, and 
        other action necessary for the carrying out of the project, and 
        (C) the inspection and supervision of the process of carrying 
        out the project to completion.

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

    (a) Demonstration of Acquisition and Use of Materials.--Not later 
than 90 days after the date of the enactment of this Act, the 
Administrator shall establish a 3-year pilot program to promote 
research on, and development of, environmentally efficient building 
materials through demonstration of the acquisition and use of 
environmentally efficient building materials in the construction of new 
Federal facilities and buildings and in existing Federal facilities and 
buildings. In carrying out the pilot program, the Administrator shall 
take into consideration the advice and recommendations of the 
Environmentally Efficient Building Material Advisory Board established 
under section 5.
    (b) Selection Criteria.--In selecting environmentally efficient 
building materials, the Administrator shall use the criteria of--
            (1) maximizing the conservation and preservation of natural 
        resources;
            (2) ensuring that the materials are similar in quality and 
        durability to comparable, more conventional materials;
            (3) ensuring that the materials are cost competitive with 
        comparable, more conventional materials on a life-cycle cost 
        basis;
            (4) ensuring that the materials meet appropriate 
        environmental, public health, and safety standards; and
            (5) ensuring that the materials meet appropriate standards 
        for energy efficiency.
    (c) Preferences Among Environmentally Efficient Building 
Materials.--When making choices between comparable environmentally 
efficient building materials that meet all the criteria under 
subsection (b), the Administrator shall give preference to those 
materials that best satisfy the criteria under subsection (b)(1).

SEC. 4. REPORT.

    Not later than 30 days after completion of the pilot program 
established under section 3, the Administrator shall submit to Congress 
a report on its implementation. Such a report shall include--
            (1) a listing of the type and quantities of environmentally 
        efficient building materials used;
            (2) the cost and performance of such materials compared to 
        comparable, more conventional materials;
            (3) an assessment of the extent to which the acquisition 
        and use of such materials can be expanded beyond the scope of 
        the pilot program;
            (4) an assessment of how well the materials meet the 
        criteria under section 3(b); and
            (5) an assessment of the extent to which research on, and 
        development of, such materials occurred as a result of the 
        pilot program and the extent to which further support is needed 
        to stimulate such research and development.

SEC. 5. ENVIRONMENTALLY EFFICIENT BUILDING MATERIAL ADVISORY BOARD.

    (a) Establishment.--There is established the Environmentally 
Efficient Building Material Advisory Board (hereafter in this section 
referred to as the ``Board''). The Board shall consist of 11 members 
appointed by the Administrator of whom--
            (1) one shall be a representative from the Environmental 
        Protection Agency;
            (2) one shall be a representative from the General Services 
        Administration;
            (3) one shall be a representative from the Army Corps of 
        Engineers;
            (4) two shall be representatives from the environmental 
        community;
            (5) two shall be representatives from the construction 
        industry, of whom at least one shall be from a small business;
            (6) two shall be representatives from manufacturing 
        companies that produce environmentally efficient materials, of 
        whom at least one shall be from a small business; and
            (7) two shall be representatives from the scientific and 
        technical community.
    (b) Duties.--The Board shall--
            (1) provide advice and recommendations to the Administrator 
        on the implementation of the pilot program established under 
        section (3);
            (2) advise the Administrator on the latest research on, and 
        development of, environmentally efficient building materials 
        and design and how such research and development may be 
        incorporated into the construction of Federal buildings;
            (3) make recommendations to the Administrator on actions 
        needed to further facilitate the research on, and development, 
        acquisition, and use of, environmentally efficient materials in 
        Federal construction; and
            (4) make recommendations to the Administrator on actions 
        needed to minimize the generation of solid waste in the 
        construction of Federal buildings and facilities.
    (c) Chairman.--The Administrator shall serve as Chairman of the 
Board and shall be a voting member.
    (d) Meetings.--The Board shall meet on a quarterly basis. The Board 
shall comply with the provisions of the Federal Advisory Committee Act 
(5 U.S.C. App.).
    (e) Appointments.--No later than 90 days after the date of the 
enactment of this Act, the Administrator shall make the initial 
appointments to the Board. The appointees shall serve until the Board's 
termination.
    (f) Hearings.--The Board may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the Board considers advisable to carry out the purposes of this Act.
    (g) Information From Federal Agencies.--The Board may secure 
directly from any Federal department or agency such information as the 
Board considers necessary to carry out the provisions of this Act. Upon 
request of the Chairman of the Board, the head of such department or 
agency shall furnish such information to the Board.
    (h) Postal Services.--The Board may use the United States mail in 
the same manner and under the same conditions as other departments and 
agencies of the Federal Government.
    (i) Gifts.--The Board may accept, use, and dispose of gifts or 
donations of services or property for purposes of carrying out its 
duties under this section.
    (j) Compensation of Members.--Each member of the Board who is not 
an officer or employee of the Federal Government shall be compensated 
at a rate equal to the daily equivalent of the annual rate of basic pay 
prescribed for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day (including travel time) 
during which such member is engaged in the performance of the duties of 
the Board. All members of the Board who are officers or employees of 
the United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States.
    (k) Travel Expenses.--The members of the Board shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Board.
    (l) Staff.--(1) The Chairman of the Board may, without regard to 
the civil service laws and regulations, appoint and terminate an 
executive director and such other additional personnel as may be 
necessary to enable the Board to perform its duties. The employment of 
an executive director shall be subject to confirmation by the Board.
    (2) The Chairman of the Board may fix the compensation of the 
executive director and other personnel without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and General 
Schedule pay rates, except that the rate of pay for the executive 
director and other personnel may not exceed the rate payable for level 
V of the Executive Schedule under section 5316 of such title.
    (m) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Board without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    (n) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Board may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code, at rates for 
individuals which do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.
    (o) Report.--(1) Taking into consideration the results of the pilot 
program established under section 3, the Board shall submit a report to 
Congress and the Administrator that--
            (A) makes recommendations on actions needed to further 
        facilitate the research on, and development, acquisition, and 
        use of, environmentally efficient materials in Federal 
        construction;
            (B) makes recommendations on actions needed to minimize the 
        generation of solid waste in the construction of Federal 
        buildings and facilities; and
            (C) includes any dissenting minority views.
    (2) The report required by paragraph (1) shall be submitted not 
later than 90 days after completion of the pilot program established 
under section 3.
    (p) Termination.--The Board shall cease to exist within 1 year 
after the submission of its report under subsection (o).

SEC. 6. GUIDELINES TO FEDERAL AGENCIES.

    (a) In General.--No later than 1 year after the Environmentally 
Efficient Building Material Advisory Board submits its report under 
section 5(o), the Administrator shall, after consultation with the 
Administrator of General Services, promulgate regulations containing 
guidelines to Federal agencies on minimizing the creation of solid 
waste and on maximizing the use of environmentally efficient building 
materials in the construction of Federal buildings. Such regulations 
shall include--
            (1) a requirement that any bid or proposal for Federal 
        contracts for the construction of Federal buildings include a 
        plan for minimizing the generation of solid waste and for 
        maximizing the use of environmentally efficient building 
        materials in such construction; and
            (2) standards for an acceptable plan that satisfies the 
        requirement under paragraph (1).

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