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103D CONGRESS
1ST SESSION
H. R. 1821
To encourage recycling and composting by promoting the creation of markets
for post-consumer materials, by establishing a grant program for recy-
cling research, by requiring a public outreach program to provide infor-
mation about recycling, by requiring procurement of recycled goods by
the Federal Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 22, 1993
Mr. HOCHBRUECKNER (for himself, Mr. SABO, Mr. TORRES, Mr. BEILENSON,
Mr. ACKERMAN, Mr. SHAYS, Ms. SLAUGHTER, Mr. HUGHES, Mrs.
MALONEY, Ms. NORTON, Mrs. MORELLA, Mr. BROWN of California, Ms.
WOOLSEY, Mr. EVANS, Mr. FISH, and Mrs. MEYERS of Kansas) intro-
duced the following bill; which was referred jointly to the Committees on
Energy and Commerce, Science, Space, and Technology, and Government
Operations
A BILL
To encourage recycling and composting by promoting the
creation of markets for post-consumer materials, by es-
tablishing a grant program for recycling research, by
requiring a public outreach program to provide informa-
tion about recycling, by requiring procurement of recy-
cled goods by the Federal Government, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Recyclable Materials
Technology and Markets Development Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The United States faces a severe and wors-
ening crisis in solid waste management.
(2) Waste disposal is becoming increasingly im-
practical because of concerns about environmental
contamination, escalating fees, the closing of dis-
posal facilities, and difficulties in siting new facili-
ties.
(3) Recycling offers an environmentally safe ap-
proach to the garbage crisis as well as benefits to
manufacturers in reduced material costs, energy
usage, and environmental impacts. However, the
markets for recyclable materials are currently uncer-
tain.
(4) It would be in the best interests of the
United States to treat waste according to the follow-
ing hierarchy:
(A) Waste reduction.
(B) Reuse.
(C) Recycling.
(D) Composting.
(E) Landfilling or incineration.
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(b) PURPOSES.—The purposes of this Act are as
follows:
(1) To create markets for post-consumer mate-
rials.
(2) To provide consumers with information
about recycling.
(3) To solicit Federal agency recommendations
on appropriate measures to maximize recycling.
SEC. 3. STUDY OF MARKETS FOR POST-CONSUMER MA-
TERIALS.
(a) REQUIREMENT.—The Secretary shall conduct a
study to determine the following:
(1) The current and potential uses for post-
consumer materials.
(2) The current and potential international
markets for post-consumer materials for use in recy-
cling and composting.
(3) The current and potential domestic markets
for post-consumer materials for use in recycling and
composting.
(b) REPORT.—Not later than 18 months after the
date of the enactment of this act, the Secretary shall sub-
mit to Congress a report—
(1) describing the results of the study con-
ducted under subsection (a); and
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(2) making recommendations regarding meth-
ods to expand and stabilize markets for post-
consumer materials for use in recycling and
composting, including whether additional legislation
is necessary for such purpose.
(c) ADDITION OF POST-CONSUMER MATERIALS TO
INDUSTRIAL SURVEYS.—For purposes of gathering infor-
mation about the generation of post-consumer materials
and prices of such materials, the Secretary shall include
post-consumer materials in any Department of Commerce
surveys on industrial production and prices.
SEC. 4. OFFICE OF RECYCLING RESEARCH AND INFORMA-
TION.
(a) ESTABLISHMENT.—Not later than six months
after the date of the enactment of this Act, the Secretary,
in consultation with the Administrator, shall establish an
Office of Recycling Research and Information in the De-
partment of Commerce (in this section referred to as the
‘‘Office’’). The Office shall have a Director who shall be
appointed by the Secretary and who shall be paid at a
rate determined by the Secretary which is less than the
rate of basic pay payable for positions under section 5316
of title 5, United States Code.
(b) FUNCTIONS.—The functions of the Office are as
follows:
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(1) To collect, catalog, and disseminate infor-
mation to interested persons regarding waste dis-
posal, recycling, and composting technology.
(2) To make grants under subsection (c).
(3) To conduct a public outreach program
under subsection (d).
(4) To develop model programs, not later than
two years after the date of the enactment of this
Act, for various types of communities (including
urban and rural) for recycling and composting of
solid waste. Such model programs shall include pro-
visions for collecting, separating, transporting, and
reprocessing solid waste.
(5) To compile and update statistics on recy-
cling rates for all nondurable consumer products.
(6) To provide information to the public regard-
ing the recyclability and recycling rates of individual
products.
(c) GRANTS.—The Director of Recycling Research
and Information shall make grants to public and private
entities for studies and scientific research relating to recy-
cling of post-consumer materials, including grants for the
following types of studies:
(1) A study to determine the products and post-
consumer materials which—
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(A) are not currently recycled in signifi-
cant amounts; and
(B) which are found in the largest
amounts by volume and by weight in municipal
solid waste streams.
(2) A study of ways to encourage industry to
include recyclability as a basic design goal for the
long-term resolution of the issue of recycling of post-
consumer materials.
(3) A study of innovative recycling technologies
or problem issues that are obstacles to recycling,
such as nonrecyclable containers and insufficient
uses for post-consumer materials.
(d) OUTREACH PROGRAM.—
(1) IN GENERAL.—The Director of Recycling
Research and Information, in consultation with the
Administrator, the Secretary, and the Secretary of
Education, shall conduct a public outreach program
to provide information to secondary school students,
State and local governments, and the general public
regarding—
(A) the harmful effects on the environment
of the improper disposal of wastes;
(B) the importance of the proper disposal
of municipal wastes;
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(C) 
the 
benefits 
of 
recycling 
and
composting; and
(D) methods to encourage voluntary recy-
cling and composting activities.
(2) FORMAT.—In conducting the outreach pro-
gram described in paragraph (1), the Director of
Recycling Research and Information may—
(A) organize and conduct workshops with
interested groups;
(B) develop educational materials and pro-
vide them to secondary school students;
(C) record public service announcements
for radio and television broadcast and develop
print advertisements for newspapers, maga-
zines, and other publications;
(D) distribute leaflets, posters, and other
materials;
(E) encourage employers and labor organi-
zations to include appropriate educational mate-
rials in their in-house publications; and
(F) provide technical assistance and other
information to schools, governments, and com-
munity groups wishing to conduct educational
programs on waste disposal, recycling, and
composting.
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(3) IMPLEMENTATION OF PROGRAM.—The Di-
rector of Recycling Research and Information shall
begin implementation of the outreach program not
later than one year after the date of the enactment
of this Act.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Director of Recy-
cling Research and Information appointed pursuant to
this section, for making grants and carrying out other ac-
tivities authorized by this section, not more than
$10,000,000 for each of fiscal years 1994, 1995, 1996,
1997, 1998, and 1999.
SEC. 5. RECYCLING RATE REQUIREMENTS FOR RECYCLA-
BLE PRODUCTS.
(a) REQUIRED RECYCLING RATES FOR RECYCLABLE
PRODUCTS.—Each manufacturer of a recyclable product
designated by the Secretary under subsection (b) shall—
(1) during 1993 and 1994, recycle, or provide
for the recycling of, at least 25 percent of the prod-
ucts manufactured during each of those years by the
manufacturer;
(2) during 1995, 1996, and 1997, recycle, or
provide for the recycling of, at least 50 percent of
the products manufactured during each of those
years by the manufacturer; and
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(3) during 1998 and each year thereafter, make
a good faith effort to recycle, or provide for the recy-
cling of, at least 75 percent of the products manu-
factured during each such year by the manufacturer.
(b) DESIGNATION OF RECYCLABLE PRODUCTS.—Not
later than one year after the date of the enactment of this
Act, the Secretary shall prescribe regulations to designate
products as recyclable products for purposes of this sec-
tion. A product shall be designated as recyclable if it may
feasibly be recycled, as determined by the Secretary.
(c) PENALTY.—A person may not manufacture, dur-
ing a calendar year, a recyclable product designated by
the Secretary under subsection (b) unless, during the pre-
ceding calendar year, the product is recycled at the recy-
cling rate required under subsection (a). Any person who
violates this section is subject to a civil penalty assessed
by the Secretary of not more than $5,000 for each offense.
SEC. 6. RECYCLABLE SUBSTITUTE REQUIREMENTS FOR
NONRECYCLABLE PRODUCTS.
(a) PROHIBITION.—After December 31, 1994, a per-
son may not manufacture a nonrecyclable product des-
ignated by the Secretary under subsection (b) if a recycla-
ble substitute is readily available for such product, as de-
termined by the Secretary.
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(b) DESIGNATION
OF
NONRECYCLABLE
PROD-
UCTS.—Not later than two years after the date of the en-
actment of this Act, the Secretary shall prescribe regula-
tions to designate products as nonrecyclable products for
purposes of this section. A product shall be designated as
nonrecyclable if it is not technically or economically fea-
sible to be recycled in a recycling program, as determined
by the Secretary. The Secretary may require that an ap-
propriate label be displayed on any product designated as
nonrecyclable under the regulations, for purposes of in-
forming consumers that the product is nonrecyclable. The
Secretary may not require such labels to be displayed any
earlier than January 1, 1994.
(c) PENALTY.—Any person who violates this section
is subject to a civil penalty assessed by the Secretary of
not more than $5,000 for each offense.
SEC. 7. RECYCLING SEALS OF APPROVAL.
(a) DESIGN.—The Secretary shall design labels for
display on—
(1) recyclable products, as designated under
section 5(b); and
(2) products containing a certain percentage of
recycled post-consumer materials.
(b) APPLICATION FOR USE OF LABELS.—Persons
who manufacture products for which the Secretary has de-
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signed labels under subsection (a) may apply to the Sec-
retary for permission to display the labels on their prod-
ucts.
(c) REGULATIONS.—The Secretary shall prescribe
regulations to carry out this section.
SEC. 
8. 
GOVERNMENT 
PROCUREMENT 
OF 
RECYCLED
GOODS.
Section 6002 of the Solid Waste Disposal Act (42
U.S.C. 6962) is amended to read as follows:
‘‘SEC. 6002. GOVERNMENT PROCUREMENT.
‘‘(a) APPLICATION OF SECTION.—This section ap-
plies for a fiscal year to the following entities:
‘‘(1) A Federal agency if, during any one of the
5 fiscal years preceding such fiscal year, the Federal
agency has procured procurement items the price of
which in the aggregate exceeds $10,000.
‘‘(2) Any other entity, including a State, a po-
litical subdivision of a State, or a contractor, if such
entity uses funds appropriated to a Federal agency
to which this section applies for procurement of any
procurement item.
‘‘(b) PROCUREMENT SUBJECT TO OTHER LAW.—
This section does not apply to a procurement by a Federal
agency described in subsection (a)(1) if such procurement
is subject to regulations of the Administrator under sec-
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able unless it exceeds by more than 10 percent the price
of items not meeting the agency’s minimum recovered ma-
terials content standards. The Administrator may extend
such 10-year time period on an item-by-item basis.
‘‘(d) SPECIFICATIONS.—Within 1 year after the date
of publication of guidelines under subsection (e), or the
date on which an agency first becomes a procuring agency
that has the responsibility for drafting or reviewing speci-
fications for procurement items designated in such guide-
lines, such procuring agency shall—
‘‘(1) eliminate from procurement specifications
any exclusion of recovered materials;
‘‘(2) in the case of paper and paper products,
eliminate any specification which is not absolutely
essential relating to brightness, speck count, and
ground wood content;
‘‘(3) eliminate from such specifications any re-
quirement that items be manufactured from virgin
materials; and
‘‘(4) assure that such specifications, as well as
internal agency policies and procedures, require the
use of recovered materials to the maximum extent
possible without jeopardizing the intended end use of
the item.
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‘‘(e) GUIDELINES.—(1) The Administrator shall pre-
pare, and from time-to-time revise, guidelines for the use
of procuring agencies in complying with the requirements
of this section. In fulfilling the requirements of this sub-
section, the Secretary shall consult with the Administrator
of General Services and the Public Printer. Such guide-
lines shall, at a minimum—
‘‘(A) designate those items which are or can be
produced with recovered materials and whose pro-
curement by procuring agencies will carry out the
objectives of this section;
‘‘(B) set forth recommended practices and pro-
cedures with respect to the procurement of recovered
materials and items containing such materials and
with respect to certification by vendors of the per-
centage of recovered materials used;
‘‘(C) provide information concerning the avail-
ability, relative price, and performance of such mate-
rials and items; and
‘‘(D) establish standards pursuant to subsection
(f) specifying the minimum level of post-consumer
materials and other recovered materials in the pro-
cured item.
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‘‘(2) In making the designation under paragraph
(1)(A), the Administrator shall consider, but is not limited
to, the following:
‘‘(A) The availability of items described in such
paragraph.
‘‘(B) The impact of the procurement of such
items by procuring agencies on the volume of solid
waste which must be treated, incinerated, stored, or
disposed of.
‘‘(C) The economic and technological feasibility
of producing and using such items.
‘‘(D) Other uses for such recovered materials.
‘‘(E) The impact of the procurement of such
items by procuring agencies on recycling and pro-
curement practices of nongovernmental entities.
‘‘(f) GUIDELINES FOR CERTAIN ITEMS.—At a mini-
mum, the Administrator shall—
‘‘(1) not later than 180 days after the date of
the enactment of the Recyclable Materials Tech-
nology and Markets Development Act, revise existing
guidelines for the procurement of paper and paper
products containing post-consumer materials and
other recovered materials;
‘‘(2) not later than 1 year after the date of the
enactment of such Act, issue guidelines for the pro-
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curement and use of waste glass in the construction
of highways, roadways, and other paved surfaces;
‘‘(3) not later than 1 year after the date of the
enactment of such Act, issue guidelines for the pro-
curement and use of discarded tires and other rub-
ber scrap in the construction of highways, roadways,
and other paved surfaces, in roofing, and in other
nonroadway applications;
‘‘(4) not later than 1 year after the date of the
enactment of such Act, issue guidelines for the pro-
curement and use of compost, fertilizers, and other
soil amendments made from yard waste and food
waste;
‘‘(5) not later than 18 months after the date of
the enactment of such Act, issue guidelines for the
procurement and use of containers and packaging
and other durable and nondurable goods made from
aluminum scrap, ferrous scrap, plastic scrap, and
waste glass; and
‘‘(6) not later than 2 years after the date of the
enactment of such Act, issue guidelines for at least
3 additional categories of items, as well as others as
may be deemed appropriate.
‘‘(g) REVIEW
OF MINIMUM CONTENT STANDARD
GUIDELINES.—No later than 4 years after the issuance
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of guidelines under subsection (e), and every 4 years
thereafter, the Administrator shall review, and to the ex-
tent practicable, increase, the minimum content standards
described in paragraph (1)(D) of that subsection.
‘‘(h) VERIFICATION PROCEDURES.—After consulta-
tion with appropriate recycling industries, and public or
private organizations that set specifications or test meth-
ods for recovered materials, the Administrator shall de-
velop verification procedures useful in ascertaining the
percentage of post-consumer materials and other recov-
ered materials in a commodity.
‘‘(i) IMPLEMENTATION
AND COORDINATION.—The
Administrator for Federal Procurement Policy shall advise
the Administrator on coordinating the guidelines under
this section with other policies for Federal procurement.
The Administrator for Federal Procurement Policy, in
consultation with the Administrator of General Services
Administration, shall report every two years to Congress
on actions taken by Federal agencies and the progress
made in the implementation of this section.
‘‘(j) AFFIRMATIVE PROCUREMENT PROGRAM.—(1)
Within 1 year after the date of publication of applicable
guidelines under subsection (e), or the date on which an
agency first becomes a procuring agency, whichever is
later, each procuring agency shall develop an affirmative
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procurement program which will assure that items com-
posed of recovered materials will be purchased to the max-
imum extent practicable and which is consistent with ap-
plicable provisions of Federal procurement law.
‘‘(2) Each affirmative procurement program required
under this subsection shall, at a minimum, include the fol-
lowing:
‘‘(A) A recovered materials preference program.
Such program shall apply to the Federal agency and
to each entity, including a State, a political subdivi-
sion of a State, or a contractor, that receives funds
appropriated to such Federal agency for procure-
ment of any procurement item.
‘‘(B) An agency promotion program to promote
the preference program adopted under subparagraph
(A).
‘‘(C) A program for requiring certification of
the minimum recovered materials content actually
used, or, where appropriate, to be used, and reason-
able verification procedures for such certifications.
‘‘(D) An annual review and monitoring of the
effectiveness of the agency’s affirmative procurement
program.
‘‘(3) For purposes of paragraph (2)(C), manufactur-
ers of items shall be required to provide to vendors certifi-
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cations of the minimum recovered materials content actu-
ally used, or to be used.
‘‘(4) For purposes of paragraph (2)(D), each Federal
agency shall prepare an annual report describing the agen-
cy’s affirmative procurement program and a review of its
effectiveness. Such reports shall be submitted simulta-
neously to the Administrator and the Administrator for
Federal Procurement Policy, who shall make them avail-
able to the public. At a minimum, such reports shall in-
clude—
‘‘(A) a description of actions taken to delete
discriminatory specifications and internal policies
and procedures, and actions taken to revise such
specifications, policies, and procedures, pursuant to
subsection (d);
‘‘(B) information on the amount and value of
items which contain recovered materials and items
which contain only virgin materials that are pro-
cured or contracted for by the agency;
‘‘(C) an assessment of the effectiveness of the
agency’s promotion program;
‘‘(D) an assessment of remaining technical, eco-
nomic, institutional, and legal barriers to procure-
ment of items containing recovered materials;
‘‘(E) response of bidders; and
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‘‘(F) compliance by grantees and contractors of
the agency.
‘‘(k) STATE PLANS.—Each plan prepared by a State
pursuant to section 4003 of this Act shall describe actions
taken by the State to comply with this section.
‘‘(l) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘recovered materials’ means ma-
terials which—
‘‘(A) have a known use, reuse, or recycling
potential;
‘‘(B) can be feasibly used, reused, or recy-
cled; and
‘‘(C) have been diverted or removed from
the solid waste stream for sale, use, reuse, or
recycling (whether or not such materials require
separation and processing).
‘‘(2) The term ‘post-consumer materials’ means
only those products generated by a consumer which
have been made available for sale or have served
their intended end-uses and have been separated or
diverted from solid waste for the purpose of collec-
tion, recycling, and disposition. The term does not
include waste generated during production of an
end-product.’’.
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SEC. 9. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency.
(2) The term ‘‘Secretary’’ means the Secretary
of Commerce.
(3) The term ‘‘post-consumer materials’’ means
only those products generated by a consumer which
have been made available for sale or have served
their intended end-uses and have been separated or
diverted from solid waste for the purpose of collec-
tion, recycling, and disposition. The term does not
include waste generated during production of an
end-product.
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