Home > 106th Congressional Bills > S. 3272 (is) To establish the Great Basin National Heritage Area, Nevada and Utah. [Introduced in Senate] ...

S. 3272 (is) To establish the Great Basin National Heritage Area, Nevada and Utah. [Introduced in Senate] ...

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  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 



           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 

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


    This Act may be cited as the ``Greening the Government Act of 


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


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


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


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

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