Recyclable Materials Technology and Markets Development Act - Directs the Secretary of Commerce to: (1) conduct a study of markets for postconsumer materials; and (2) establish an Office of Recycling Research and Information.
Requires the Director of Recycling Research and Information to: (1) make grants for studies and scientific research relating to recycling of postconsumer materials; and (2) conduct a public outreach program.
Requires each manufacturer of a recyclable product to provide for the recycling of increasing minimum percentages of the products manufactured during specified years. Prohibits manufacturing a product for which the prescribed recycling rate was not met for the preceding year.
Prohibits manufacturing a nonrecyclable product if a recyclable substitute is readily available. Directs the Secretary to designate a product as nonrecyclable if it is not technically or economically feasible to be recycled. Authorizes nonrecyclable products to be so labeled.
Provides for recycling seals of approval for recyclable products and for products containing a certain percentage of recycled postconsumer materials.
Amends the Solid Waste Disposal Act to revise provisions concerning Federal procurement of recycled goods. Applies procurement requirements to: (1) Federal agencies that have procured over $10,000 of items; and (2) other entities that have used funds appropriated to a Federal agency to which such procurement policies apply.
Prohibits Federal agencies, for purposes of determining whether to procure items composed of recovered materials, from determining that a price is unreasonable unless it exceeds by more than ten percent the price of items not meeting the recovered materials content standards. Sets forth: (1) specification requirements for procuring agencies; and (2) deadlines for the issuance of guidelines by the Administrator of the Environmental Protection Agency for the procurement of specified items. Directs the Administrator to review and increase the minimum content standards for procured items every four years.
Revises provisions concerning the affirmative procurement program. Requires manufacturers of items to provide vendors with certifications of the minimum recovered materials content used or to be used in such items.
[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1821 Introduced in House (IH)]
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 recycling research, by requiring a public outreach program to
provide information 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) introduced 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 establishing a grant program
for recycling research, by requiring a public outreach program to
provide information about recycling, by requiring procurement of
recycled goods by the Federal Government, 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 ``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 worsening crisis
in solid waste management.
(2) Waste disposal is becoming increasingly impractical
because of concerns about environmental contamination,
escalating fees, the closing of disposal facilities, and
difficulties in siting new facilities.
(3) Recycling offers an environmentally safe approach 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 uncertain.
(4) It would be in the best interests of the United States
to treat waste according to the following hierarchy:
(A) Waste reduction.
(B) Reuse.
(C) Recycling.
(D) Composting.
(E) Landfilling or incineration.
(b) Purposes.--The purposes of this Act are as follows:
(1) To create markets for post-consumer materials.
(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 MATERIALS.
(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 recycling 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 submit to Congress a
report--
(1) describing the results of the study conducted under
subsection (a); and
(2) making recommendations regarding methods 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 information 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 INFORMATION.
(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 Department 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:
(1) To collect, catalog, and disseminate information to
interested persons regarding waste disposal, 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
provisions for collecting, separating, transporting, and
reprocessing solid waste.
(5) To compile and update statistics on recycling rates for
all nondurable consumer products.
(6) To provide information to the public regarding 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 recycling of post-consumer materials,
including grants for the following types of studies:
(1) A study to determine the products and post-consumer
materials which--
(A) are not currently recycled in significant
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;
(C) the benefits of recycling and composting; and
(D) methods to encourage voluntary recycling and
composting activities.
(2) Format.--In conducting the outreach program 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 provide them
to secondary school students;
(C) record public service announcements for radio
and television broadcast and develop print
advertisements for newspapers, magazines, and other
publications;
(D) distribute leaflets, posters, and other
materials;
(E) encourage employers and labor organizations to
include appropriate educational materials in their in-
house publications; and
(F) provide technical assistance and other
information to schools, governments, and community
groups wishing to conduct educational programs on waste
disposal, recycling, and composting.
(3) Implementation of program.--The Director 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 Recycling Research and Information
appointed pursuant to this section, for making grants and carrying out
other activities 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 RECYCLABLE 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 products 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
(3) during 1998 and each year thereafter, make a good faith
effort to recycle, or provide for the recycling of, at least 75
percent of the products manufactured 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 section. 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, during a calendar year,
a recyclable product designated by the Secretary under subsection (b)
unless, during the preceding calendar year, the product is recycled at
the recycling 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 person may not
manufacture a nonrecyclable product designated by the Secretary under
subsection (b) if a recyclable substitute is readily available for such
product, as determined by the Secretary.
(b) Designation of Nonrecyclable Products.--Not later than two
years after the date of the enactment of this Act, the Secretary shall
prescribe regulations 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 feasible to be
recycled in a recycling program, as determined by the Secretary. The
Secretary may require that an appropriate label be displayed on any
product designated as nonrecyclable under the regulations, for purposes
of informing 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 designed labels under subsection
(a) may apply to the Secretary for permission to display the labels on
their products.
(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 applies 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 political
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 section 6004 (as promulgated before the date of the
enactment of this section under comparable provisions of prior law),
but only to the extent that this section is inconsistent with such
regulations.
``(c) Requirements.--(1) Each procuring agency which procures any
items designated in guidelines prepared pursuant to subsection (e)
shall procure such items composed of the highest percentage of
recovered materials practicable (and in the case of paper, the highest
percentage of post-consumer materials). The decision not to procure
such items shall be based on a determination that such procurement
items--
``(A) are not reasonably available within a reasonable
period of time;
``(B) fail to meet the performance standards set forth in
the applicable specifications; or
``(C) are only available at an unreasonable price.
In the case of a failure to procure such items, the procuring agency
shall make public the specific reasons for its failure to do so.
``(2) During the 10-year period beginning on the date of enactment
of the Recyclable Materials Technology and Markets Development Act, a
Federal agency shall not determine under paragraph (1)(C) that a price
is unreasonable unless it exceeds by more than 10 percent the price of
items not meeting the agency's minimum recovered materials 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 specifications for procurement items designated
in such guidelines, 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 requirement
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.
``(e) Guidelines.--(1) The Administrator shall prepare, 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 subsection, the Secretary shall consult with the
Administrator of General Services and the Public Printer. Such
guidelines shall, at a minimum--
``(A) designate those items which are or can be produced
with recovered materials and whose procurement by procuring
agencies will carry out the objectives of this section;
``(B) set forth recommended practices and procedures with
respect to the procurement of recovered materials and items
containing such materials and with respect to certification by
vendors of the percentage of recovered materials used;
``(C) provide information concerning the availability,
relative price, and performance of such materials and items;
and
``(D) establish standards pursuant to subsection (f)
specifying the minimum level of post-consumer materials and
other recovered materials in the procured item.
``(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 procurement practices of
nongovernmental entities.
``(f) Guidelines for Certain Items.--At a minimum, the
Administrator shall--
``(1) not later than 180 days after the date of the
enactment of the Recyclable Materials Technology 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 procurement 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 procurement and use of
discarded tires and other rubber 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 procurement 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 of guidelines under subsection (e), and
every 4 years thereafter, the Administrator shall review, and to the
extent practicable, increase, the minimum content standards described
in paragraph (1)(D) of that subsection.
``(h) Verification Procedures.--After consultation with appropriate
recycling industries, and public or private organizations that set
specifications or test methods for recovered materials, the
Administrator shall develop verification procedures useful in
ascertaining the percentage of post-consumer materials and other
recovered 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
procurement program which will assure that items composed of recovered
materials will be purchased to the maximum extent practicable and which
is consistent with applicable provisions of Federal procurement law.
``(2) Each affirmative procurement program required under this
subsection shall, at a minimum, include the following:
``(A) A recovered materials preference program. Such
program shall apply to the Federal agency and to each entity,
including a State, a political subdivision of a State, or a
contractor, that receives funds appropriated to such Federal
agency for procurement 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 reasonable 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), manufacturers of items
shall be required to provide to vendors certifications of the minimum
recovered materials content actually used, or to be used.
``(4) For purposes of paragraph (2)(D), each Federal agency shall
prepare an annual report describing the agency's affirmative
procurement program and a review of its effectiveness. Such reports
shall be submitted simultaneously to the Administrator and the
Administrator for Federal Procurement Policy, who shall make them
available to the public. At a minimum, such reports shall include--
``(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 procured or contracted for by the agency;
``(C) an assessment of the effectiveness of the agency's
promotion program;
``(D) an assessment of remaining technical, economic,
institutional, and legal barriers to procurement of items
containing recovered materials;
``(E) response of bidders; and
``(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 materials
which--
``(A) have a known use, reuse, or recycling
potential;
``(B) can be feasibly used, reused, or recycled;
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
collection, recycling, and disposition. The term does not
include waste generated during production of an end-product.''.
SEC. 9. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator 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
collection, recycling, and disposition. The term does not
include waste generated during production of an end-product.
<all>
<star>HR 1821 IH1S----2
Introduced in House
Introduced in House
Referred to the House Committee on Government Operations.
Referred to the House Committee on Energy and Commerce.
Referred to the House Committee on Science, Space and Technology.
Sponsor introductory remarks on measure. (CR E1022)
Referred to the Subcommittee on Technology, Environment and Aviation.
Referred to the Subcommittee on Transportation and Hazardous Materials.
Referred to the Subcommittee on Legislation and National Security.
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