H.R. 1819 (103rd): Federal Environmentally Efficient Building Materials Act of 1993

103rd Congress, 1993–1994. Text as of Apr 22, 1993 (Introduced).

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HR 1819 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).