Title 42 — The Public Health and Welfare
Chapter 82 — Solid Waste Disposal
§ 6962. Federal procurement
Statutory text
Application of section
Except as provided in subsection (b), a procuring agency shall comply with the requirements set forth in this section and any regulations issued under this section, with respect to any purchase or acquisition of a procurement item where the purchase price of the item exceeds $10,000 or where the quantity of such items or of functionally equivalent items purchased or acquired in the course of the preceding fiscal year was $10,000 or more.
Procurement subject to other law
Any procurement, by any procuring agency, which is subject to regulations of the Administrator under section 6964 of this title (as promulgated before , under comparable provisions of prior law) shall not be subject to the requirements of this section to the extent that such requirements are inconsistent with such regulations.
Requirements
After the date specified in applicable guidelines prepared pursuant to subsection (e) of this section, each procuring agency which procures any items designated in such guidelines shall procure such items composed of the highest percentage of recovered materials practicable (and in the case of paper, the highest percentage of the postconsumer recovered materials referred to in subsection (h)(1) practicable), consistent with maintaining a satisfactory level of competition, considering such guidelines. The decision not to procure such items shall be based on a determination that such procurement items—
are not reasonably available within a reasonable period of time;
fail to meet the performance standards set forth in the applicable specifications or fail to meet the reasonable performance standards of the procuring agencies; or
are only available at an unreasonable price. Any determination under subparagraph (B) shall be made on the basis of the guidelines of the National Institute of Standards and Technology in any case in which such material is covered by such guidelines.
Agencies that generate heat, mechanical, or electrical energy from fossil fuel in systems that have the technical capability of using energy or fuels derived from solid waste as a primary or supplementary fuel shall use such capability to the maximum extent practicable.
After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section, contracting officers shall require that vendors:
certify that the percentage of recovered materials to be used in the performance of the contract will be at least the amount required by applicable specifications or other contractual requirements and
estimate the percentage of the total material utilized for the performance of the contract which is recovered materials.
Clause (ii) of subparagraph (A) applies only to a contract in an amount greater than $100,000.
Specifications
All Federal agencies that have the responsibility for drafting or reviewing specifications for procurement items procured by Federal agencies shall—
as expeditiously as possible but in any event no later than eighteen months after , eliminate from such specifications—
any exclusion of recovered materials and
any requirement that items be manufactured from virgin materials; and
within one year after the date of publication of applicable guidelines under subsection (e), or as otherwise specified in such guidelines, assure that such specifications require the use of recovered materials to the maximum extent possible without jeopardizing the intended end use of the item.
Guidelines
The Administrator, after consultation with the Administrator of General Services, the Secretary of Commerce (acting through the National Institute of Standards and Technology), and the Director of the Government Publishing Office, shall prepare, review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than 2 years after the completion of the initial review after , and thereafter, as appropriate, guidelines for the use of procuring agencies in complying with the requirements of this section. Such guidelines shall—
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, and in the case of paper, provide for maximizing the use of post consumer recovered materials referred to in subsection (h)(1); and
set forth recommended practices 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,
and shall provide information as to the availability, relative price, and performance of such materials and items and where appropriate shall recommend the level of recovered material to be contained in the procured product. The Administrator shall prepare final guidelines for paper within one hundred and eighty days after , and for three additional product categories (including tires) by . In making the designation under paragraph (1), the Administrator shall consider, but is not limited in his considerations, to—
the availability of such items;
the impact of the procurement of such items by procuring agencies on the volume of solid waste which must be treated, stored or disposed of;
the economic and technological feasibility of producing and using such items; and
other uses for such recovered materials.
Procurement of services
A procuring agency shall, to the maximum extent practicable, manage or arrange for the procurement of solid waste management services in a manner which maximizes energy and resource recovery.
Executive Office
The Office of Procurement Policy in the Executive Office of the President, in cooperation with the Administrator, shall implement the requirements of this section. It shall be the responsibility of the Office of Procurement Policy to coordinate this policy with other policies for Federal procurement, in such a way as to maximize the use of recovered resources, and to, every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d).
“Recovered materials” defined
As used in this section, in the case of paper products, the term “recovered materials” includes—
postconsumer materials such as—
paper, paperboard, and fibrous wastes from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; and
all paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste, and
manufacturing, forest residues, and other wastes such as—
dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets) including: envelope cuttings, bindery trimmings, and other paper and paperboard waste, resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; and
finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others;
fibrous byproducts of harvesting, manufacturing, extractive, or wood-cutting processes, flax, straw, linters, bagasse, slash, and other forest residues;
wastes generated by the conversion of goods made from fibrous material (that is, waste rope from cordage manufacture, textile mill waste, and cuttings); and
fibers recovered from waste water which otherwise would enter the waste stream.
Procurement program
Within one year after the date of publication of applicable guidelines under subsection (e), 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.
Each affirmative procurement program required under this subsection shall, at a minimum, contain—
a recovered materials preference program;
an agency promotion program to promote the preference program adopted under subparagraph (A);
a program for requiring estimates of the total percentage of recovered material utilized in the performance of a contract; certification of minimum recovered material content actually utilized, where appropriate; and reasonable verification procedures for estimates and certifications; and
annual review and monitoring of the effectiveness of an agency’s affirmative procurement program.
In the case of paper, the recovered materials preference program required under subparagraph (A) shall provide for the maximum use of the post consumer recovered materials referred to in subsection (h)(1).
In developing the preference program, the following options shall be considered for adoption:
Case-by-Case Policy Development: Subject to the limitations of subsection (c)(1)(A) through (C), a policy of awarding contracts to the vendor offering an item composed of the highest percentage of recovered materials practicable (and in the case of paper, the highest percentage of the post consumer recovered materials referred to in subsection (h)(1)). Subject to such limitations, agencies may make an award to a vendor offering items with less than the maximum recovered materials content.
Minimum Content Standards: Minimum recovered materials content specifications which are set in such a way as to assure that the recovered materials content (and in the case of paper, the content of post consumer materials referred to in subsection (h)(1)) required is the maximum available without jeopardizing the intended end use of the item, or violating the limitations of subsection (c)(1)(A) through (C).
Procuring agencies shall adopt one of the options set forth in subparagraphs (A) and (B) or a substantially equivalent alternative, for inclusion in the affirmative procurement program.
Consultation and provision of information by Administrator
The Administrator shall—
consult with each procuring agency, including contractors of the procuring agency, to clarify the responsibilities of the procuring agency under this section; and
provide to each procuring agency information on the requirements under this section and the responsibilities of the procuring agency under this section.
Reports
The Administrator, in consultation with the Administrator of General Services, shall submit to Congress an annual report describing—
the quantity of federally procured recycled products listed in the guidelines under subsection (e); and
with respect to the products described in paragraph (1), the percentage of recycled material in each product.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–272 title II § 6002 · 79 Stat. 992
Enacted · 42 U.S.C. § 6962
Pub. L. 89–272, title II, § 6002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2822
Source evidence
Code source credit
Pub. L. 89–272, title II, § 6002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2822Pub. L. 95–609 § 7(n)(1) · 92 Stat. 3079
Redesignated · 42 U.S.C. § 6962(c)
Pub. L. 95–609, § 7(n)(1), (2), redesignated subpar. (1)(A) as par. (1), subpars. (1)(B) and (C) as pars. (2) and (3), respectively, and cls. (i) to (iii) of former subpar. (1)(A) as subpars. (A) to (C), respectively, of par. (1), and in par. (3), as so redesignated
Inserted · 42 U.S.C. § 6962(c)
Pub. L. 95–609, § 7(n)(1), (2), inserted “After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section,” before “contracting”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–609, § 7(n)(1), (2), redesignated subpar. (1)(A) as par. (1), subpars. (1)(B) and (C) as pars. (2) and (3), respectively, and cls. (i) to (iii) of former subpar. (1)(A) as subpars. (A) to (C), respectively, of par. (1), and in par. (3), as so redesignated, inserted “After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section,” before “contracting”.Enacted provision · exact public law section
(1) deleting “(A)” after “(1)” in subsection (c) and changing “(B)” and “(C)” to “(2)” and “(3)”. respectively; and changing “(i)”, “(»)”, and “(iii)” to “(A)”, “(B)”, and “(C)”, respectively;Pub. L. 95–609 § 7(n)(3) · 92 Stat. 3079
Inserted · 42 U.S.C. § 6962(e)
Pub. L. 95–609, § 7(n)(3), inserted provision dealing with certification by vendors of the materials used
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–609, § 7(n)(3), inserted provision dealing with certification by vendors of the materials used.Enacted provision · exact public law section
(3) inserting in the second sentence of subsection (e) after “containing such materials” the phrase “and with respect to certification by vendors of the percentage of recovered materials used,”.Solid Waste Disposal Act Amendments of 1980
Pub. L. 96–482 § 22(1) · 94 Stat. 2334
Substituted · 42 U.S.C. § 6962(c)(1)
Pub. L. 96–482, § 22(1), (2), in provision preceding subpar. (A), substituted “After the date specified in applicable guidelines prepared pursuant to subsection (e) of this section, each procuring agency which procures any item designated in such guidelines shall procure such” for “After two years after October 21, 1976, each procuring agency shall procure”
Substituted · 42 U.S.C. § 6962(c)(1)
Pub. L. 96–482, § 22(1), (2), in provision preceding subpar. (A), substituted “subparagraph (B)” for “clause (B)”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 96–482, § 22(1), (2), in provision preceding subpar. (A), substituted “After the date specified in applicable guidelines prepared pursuant to subsection (e) of this section, each procuring agency which procures any item designated in such guidelines shall procure such” for “After two years after October 21, 1976, each procuring agency shall procure”, and in subpar. (C), “subparagraph (B)” for “clause (B)”.Enacted provision · exact public law section
(1) in subsection (c)(1), by deleting the first sentence and inserting in lieu thereof the following: “After the date specified in applicable guidelines prepared pursuant to subsection (e) of this section, each procuring agency which procures any items designated in such guidelines shall procure such items composed of the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, considering such guidelines.”;Solid Waste Disposal Act Amendments of 1980
Pub. L. 96–482 § 22(3) · 94 Stat. 2334
Substituted · 42 U.S.C. § 6962(c)(2)
Pub. L. 96–482, § 22(3), substituted “energy or fuels derived from solid waste” for “recovered material and recovered-material-derived fuel”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 96–482, § 22(3), substituted “energy or fuels derived from solid waste” for “recovered material and recovered-material-derived fuel”.Enacted provision · exact public law section
(3) in subsection (c)(2), by deleting “recovered material and recovered-material-derived fuel” and inserting in lieu thereof the following: “energy or fuels derived from solid waste”;Solid Waste Disposal Act Amendments of 1980
Pub. L. 96–482 § 22(4) · 94 Stat. 2334
Substituted · 42 U.S.C. § 6962(c)(3)
Pub. L. 96–482, § 22(4), substituted subpars. (A) and (B) for provision requiring certification of the percentage of the total material utilized for the performance of the contract which is recovered materials
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 96–482, § 22(4), substituted subpars. (A) and (B) for provision requiring certification of the percentage of the total material utilized for the performance of the contract which is recovered materials.Enacted provision · exact public law section
(4) in subsection (c)(3), by deleting everything after “vendors” and inserting in lieu thereof a colon and the following: “(A) certify that the percentage of recovered materials to be used in the performance of the contract will be at least the amount required by applicable specifications or other contractual requirements and “(B) estimate the percentage of the total material utilized for the performance of the contract which is recovered materials.”;Solid Waste Disposal Act Amendments of 1980
Pub. L. 96–482 § 22(5) · 94 Stat. 2334
Substituted · 42 U.S.C. § 6962(d)
Pub. L. 96–482, § 22(5), in par. (1), substituted provision requiring Federal agencies to eliminate from specifications as expeditiously as possible, but in no event later than 5 years after Oct. 21, 1976, any exclusion of recovered materials and any requirement that items be manufactured from virgin materials for provision that Federal agencies in reviewing specifications, ascertain whether those specifications violate prohibitions in par. (2)(A) to (C), with such review undertaken not later than 18 months after Oct. 21, 1976, and in par. (2)
Substituted · 42 U.S.C. § 6962(d)
Pub. L. 96–482, § 22(5), in par. (1), substituted provision that Federal agencies act within 1 year from publication of applicable guidelines under subsec. (e) of this section for provision that in drafting or revising specifications after Oct. 21, 1976, any exclusion of recovered materials be eliminated and specifications not require the item to be manufactured from virgin materials
Source evidence
Code amendment note
Subsec. (d). Pub. L. 96–482, § 22(5), in par. (1), substituted provision requiring Federal agencies to eliminate from specifications as expeditiously as possible, but in no event later than 5 years after Oct. 21, 1976, any exclusion of recovered materials and any requirement that items be manufactured from virgin materials for provision that Federal agencies in reviewing specifications, ascertain whether those specifications violate prohibitions in par. (2)(A) to (C), with such review undertaken not later than 18 months after Oct. 21, 1976, and in par. (2), substituted provision that Federal agencies act within 1 year from publication of applicable guidelines under subsec. (e) of this section for provision that in drafting or revising specifications after Oct. 21, 1976, any exclusion of recovered materials be eliminated and specifications not require the item to be manufactured from virgin materials.Enacted provision · exact public law section
(5) by amending subsection (d), to read as follows: Federal procurement items. “(d) Specifications.— All Federal agencies that have the responsibility for drafting or reviewing specifications for procurement items procured by Federal agencies shall— “(1) as expeditiously as possible but in any event no later than five years after the date of enactment of this Act, eliminate from such specifications— “(A) any exclusion of recovered materials and “(B) any requirement that items be manufactured from virgin materials; and “(2) within one year after the date of publication of applicable guidelines under subsection (e), or as otherwise specified in such guidelines, assure that such specifications require the use of recovered materials to the maximum extent possible without jeopardizing the intended end use of the item.”.Solid Waste Disposal Act Amendments of 1980
Pub. L. 96–482 § 22(6) · 94 Stat. 2334
Amended · 42 U.S.C. § 6962(e)
Pub. L. 96–482, § 22(6), designated provision relating to requirements of guidelines as cl. (2) and subpars. (A) and (C)
Added · 42 U.S.C. § 6962(e)
Pub. L. 96–482, § 22(6), added cl. (1), subpars. (B) and (C), and provision preceding subpar. (A)
Struck · 42 U.S.C. § 6962(e)
Pub. L. 96–482, § 22(6), struck out provision requiring information on source of supply
Source evidence
Code amendment note
Subsec. (e). Pub. L. 96–482, § 22(6), designated provision relating to requirements of guidelines as cl. (2) and subpars. (A) and (C), added cl. (1), subpars. (B) and (C), and provision preceding subpar. (A), and struck out provision requiring information on source of supply.Enacted provision · exact public law section
(6) in subsection (e), by deleting the second sentence and inserting in lieu thereof the following: “Such guidelines shall— “(1) 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; and “(2) set forth recommended practices 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, and shall provide information as to the availability, relative price, and performance of such materials and items and where appropriate shall recommend the level of recovered material to be contained in the procured product. The Administrator shall prepare final guidelines Product categories, guidelines. for at least three product categories, including paper, by May 1, 1981, and for two additional product categories, including construction materials, by September 30, 1982. In making the designation under paragraph (1), the Administrator shall consider, but is not limited in his considerations, to— “(A) the availability of such items; “(B) the impact of the procurement of such items by procuring agencies on the volume of solid waste which must be treated, stored or disposed of; “(C) the economic and technological feasibility of producing and using such items; and “(D) other uses for such recovered materials.”.Congressional Reports Elimination Act of 1982
Pub. L. 97–375 title I § 102 · 96 Stat. 1819
Struck · 42 U.S.C. § 6962(g)
Pub. L. 97–375 struck out provision requiring the Office of Procurement Policy to report annually to Congress on actions taken by Federal agencies and the progress made in the implementation of the policy expressed in this section
Source evidence
Code amendment note
Subsec. (g). Pub. L. 97–375 struck out provision requiring the Office of Procurement Policy to report annually to Congress on actions taken by Federal agencies and the progress made in the implementation of the policy expressed in this section.Enacted provision · exact public law section
Sec. 102. report by the executive office of the president Section 6002(g) of the Solid Waste Disposal Act (42 U.S.C. 6962(g)) is amended to strike everything after the word “resources” and to insert in lieu thereof a period.The Hazardous and Solid Waste Amendments of 1984
Pub. L. 98–616 § 501(c) · 98 Stat. 3221
Inserted · 42 U.S.C. § 6962(c)(1)
Pub. L. 98–616, § 501(c), inserted “(and in the case of paper, the highest percentage of the postconsumer recovered materials referred to in subsection (h)(1) practicable)”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 98–616, § 501(c), inserted “(and in the case of paper, the highest percentage of the postconsumer recovered materials referred to in subsection (h)(1) practicable)”.Enacted provision · exact public law section
(c) Section 6002(c)(1) of the Solid Waste Disposal Act is amended by inserting after “highest percentage of recovered materials practicable” the following: “(and in the case of paper, the highest percentage of the postconsumer recovered materials referred to in subsection (h)(1) practicable)”.The Hazardous and Solid Waste Amendments of 1984
Pub. L. 98–616 § 501(e) · 98 Stat. 3221
Substituted · 42 U.S.C. § 6962(d)(1)
Pub. L. 98–616, § 501(e), substituted “eighteen months after November 8, 1984” for “five years after October 21, 1976”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 98–616, § 501(e), substituted “eighteen months after November 8, 1984” for “five years after October 21, 1976”.Enacted provision · exact public law section
(e) Section 6002(d)(1) of the Solid Waste Disposal Act is amended by striking out “five years after the date of enactment of this Act” and substituting “eighteen months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984”.The Hazardous and Solid Waste Amendments of 1984
Pub. L. 98–616 § 501(b)(2) · 98 Stat. 3221
Substituted · 42 U.S.C. § 6962(e)
Pub. L. 98–616, § 501(b)(2), substituted “for paper within one hundred and eighty days after November 8, 1984, and for three additional product categories (including tires) by October 1, 1985” for “for at least three product categories, including paper, by May 1, 1981, and for two additional product categories, including construction materials, by September 30, 1982.” in provisions following par. (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 98–616, § 501(b)(2), substituted “for paper within one hundred and eighty days after November 8, 1984, and for three additional product categories (including tires) by October 1, 1985” for “for at least three product categories, including paper, by May 1, 1981, and for two additional product categories, including construction materials, by September 30, 1982.” in provisions following par. (2).Enacted provision · exact public law section
(2) striking out “for at least three product categories” and all that follows down through “1982” and substituting “for paper within one hundred and eighty days after the enactment of the Hazardous and Solid Waste Amendments of 1984, and for three additional product categories (including tires) by October 1, 1985”.The Hazardous and Solid Waste Amendments of 1984
Pub. L. 98–616 § 501(b)(1) · 98 Stat. 3221
Inserted · 42 U.S.C. § 6962(e)(1)
Pub. L. 98–616, § 501(b)(1), inserted “, and in the case of paper, provide for maximizing the use of post consumer recovered materials referred to in subsection (h)(1)”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 98–616, § 501(b)(1), inserted “, and in the case of paper, provide for maximizing the use of post consumer recovered materials referred to in subsection (h)(1)”.Enacted provision · exact public law section
(1) adding the following after “section” in paragraph (1): “, and in the case of paper, provide for maximizing the use of post consumer recovered materials referred to in subsection (h)(1)”; andThe Hazardous and Solid Waste Amendments of 1984
Pub. L. 98–616 § 501(d) · 98 Stat. 3221
Substituted · 42 U.S.C. § 6962(g)
Pub. L. 98–616, § 501(d), substituted “the requirements of” for “the policy expressed in”
Inserted · 42 U.S.C. § 6962(g)
Pub. L. 98–616, § 501(d), inserted “, and to, every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d)”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 98–616, § 501(d), substituted “the requirements of” for “the policy expressed in” and inserted “, and to, every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d)”.Enacted provision · exact public law section
(d) Section 6002(g) of the Solid Waste Disposal Act is amended by— (1) striking out “the policy expressed in” and substituting “the requirements of”; and (2) by inserting before the period at the end thereof the following: “, and to, every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d)”.The Hazardous and Solid Waste Amendments of 1984
Pub. L. 98–616 § 501(a) · 98 Stat. 3221
Added · 42 U.S.C. § 6962(h); 42 U.S.C. § 6962(i)
Pub. L. 98–616, § 501(a), added subsecs. (h) and (i)
Source evidence
Code amendment note
Subsecs. (h), (i). Pub. L. 98–616, § 501(a), added subsecs. (h) and (i).Enacted provision · exact public law section
(a) Section 6002 of the Solid Waste Disposal Act is amended by adding the following new subsections after subsection (g) thereof— “(h) Definition.— As used in this section, in the case of paper products, the term ‘recovered materials’ includes— “(1) postconsumer materials such as— “(A) paper, paperboard, and fibrous wastes from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; and “(B) all paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste, and “(2) manufacturing, forest residues, and other wastes such as— “(A) dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets) including: envelope cuttings, bindery trimmings, and other paper and paperboard waste, resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; and “(B) finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others; “(C) fibrous byproducts of harvesting, manufacturing, extractive, or wood-cutting processes, flax, straw, linters, bagasse, slash, and other forest residues; “(D) wastes generated by the conversion of goods made from fibrous material (that is, waste rope from cordage manufacture, textile mill waste, and cuttings); and “(E) fibers recovered from waste water which otherwise would enter the waste stream. “(i) Procurement Program.— (1) Within one year after the date of publication of applicable guidelines under subsection (e), 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, contain— “(A) a recovered materials preference program; “(B) an agency promotion program to promote the preference program adopted under subparagraph (A); “(C) a program for requiring estimates of the total percentage of recovered material utilized in the performance of a contract; certification of minimum recovered material content actually utilized, where appropriate; and reasonable verification procedures for estimates and certifications; and “(D) annual review and monitoring of the effectiveness of an agency’s affirmative procurement program. In the case of paper, the recovered materials preference program required under subparagraph (A) shall provide for the maximum use of the post consumer recovered materials referred to in subsection (h)(1). “(3) In developing the preference program, the following options shall be considered for adoption: “(A) Case-by–Case Policy Development: Subject to the limitations of subsection (c)(1) (A) through (C), a policy of awarding contracts to the vendor offering an item composed of the highest percentage of recovered materials practicable (and in the case of paper, the highest percentage of the post consumer recovered materials referred to in subsection (h)(1)). Subject to such limitations, agencies may make an award to a vendor offering items with less than the maximum recovered materials content. “(B) Minimum Content Standards: Minimum recovered materials content specifications which are set in such a way as to assure that the recovered materials content (and in the case of paper, the content of post consumer materials referred to in subsection (h)(1)) required is the maximum available without jeopardizing the intended end use of the item, or violating the limitations of subsection (c)(1) (A) through (C). Procuring agencies shall adopt one of the options set forth in subparagraphs (A) and (B) or a substantially equivalent alternative, for inclusion in the affirmative procurement program.”.Technology Competitiveness Act
Pub. L. 100–418 title V § 5115(c) · 102 Stat. 1107
Substituted · 42 U.S.C. § 6962(c)(1)(C); 42 U.S.C. § 6962(c)(1)(e)
Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “Bureau of Standards”
Source evidence
Code amendment note
Subsecs. (c)(1)(C), (e). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “Bureau of Standards”.Enacted provision · exact public law section
(c) Amendments to Other Laws.— References in any other Federal 15 USC 271 note. law to the National Bureau of Standards shall be deemed to refer to the National Institute of Standards and Technology.Treasury, Postal Service, and General Government Appropriations Act, 1993
Pub. L. 102–393 title VI § 630 · 106 Stat. 1729
Added · 42 U.S.C. § 6962(j)
Pub. L. 102–393 added subsec. (j). See Codification note above
Source evidence
Code amendment note
Subsec. (j). Pub. L. 102–393 added subsec. (j). See Codification note above.Enacted provision · exact public law section
Sec. 630. Title 42 U.S.C. is amended by adding a new section 42 USC 6962. as follows: “§ 6962j. Preference for recycled toner cartridges “(a) Notwithstanding any other provision of law, a Federal agency in conducting a procurement for toner cartridges for use in laser printers, photocopiers or microphotographic printers shall purchase recycled cartridges, unless the contracting or purchasing officer determines in writing that— “(1) adequate market research establishes that recycled cartridges for the type of equipment used by the agency do not exist, “(2) the price or life cycle cost offered for the recycled cartridge is higher than the original equipment manufacturer’s new cartridge, or “(3) recycled cartridges are not available in quantities needed within the timeframes required. “(b) Nothing in this section shall prohibit the purchase of one newly manufactured cartridge (or a number equal to those normally supplied at the time of initial purchase) as part of an initial printer or copier acquisition. “(c) For purposes of this section, ‘recycled cartridge’ means a laser printer, photocopier, or microphotographic toner cartridge which has been remanufactured in the United States by a small-business concern which has been certified by an independent laboratory to meet generally accepted industry standards. In the absence of an independent laboratory certification, a contracting officer may in his discretion rely on the agency’s past experience with the offered recycled cartridge as evidence that the offered product meets generally accepted industry standards. “(d) For purposes of this section, ‘small-business concern has the meaning given such term in the Small Business Act (15 U.S.C. 632(a)). “(e) For purposes of this section, ‘independent laboratory’ means an independently owned engineering and product testing firm, whose primary business activity is not limited to the testing and certification of recycled cartridges.”.Pub. L. 103–355 § 4104(e) · 108 Stat. 3243
Amended · 42 U.S.C. § 6962(c)(3)
Pub. L. 103–355, § 4104(e), designated existing provisions as subpar. (A)
Redesignated · 42 U.S.C. § 6962(c)(3)
Pub. L. 103–355, § 4104(e), redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively
Added · 42 U.S.C. § 6962(c)(3)
Pub. L. 103–355, § 4104(e), added subpar. (B)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 103–355, § 4104(e), designated existing provisions as subpar. (A), redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B).Enacted provision · exact public law section
(e) Solid Waste Disposal Act.— Paragraph (3) of section 6002(c) of the Solid Waste Disposal Act (42 U.S.C. 6962(c)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting “(A)” after “(3)”; and (4) by adding at the end the following new subparagraph: “(B) Clause (ii) of subparagraph (A) applies only to a contract in an amount greater than $100,000.”.Effective date note
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.Pub. L. 103–355 § 1554(1) · 108 Stat. 3243
Struck · 42 U.S.C. § 6962(j)
Pub. L. 103–355, § 1554(1), struck out subsec. (j). See Codification note above
Source evidence
Code amendment note
Subsec. (j). Pub. L. 103–355, § 1554(1), struck out subsec. (j). See Codification note above.Enacted provision · exact public law section
(1) Section 630 of Public Law 102–393 (106 Stat. 1773) and the provision of law enclosed in quotation marks in that section (42 U.S.C. 6962(j)).Effective date note
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 70402(c)(1) · 135 Stat. 429
Substituted · 42 U.S.C. § 6962(e)
Pub. L. 117–58, § 70402(c)(1), which directed substitution of “review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than 2 years after the completion of the initial review after November 15, 2021, and thereafter, as appropriate” for “and from time to time, revise” in introductory provisions, was executed by making the substitution for “and from time to time revise” to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–58, § 70402(c)(1), which directed substitution of “review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than 2 years after the completion of the initial review after November 15, 2021, and thereafter, as appropriate” for “and from time to time, revise” in introductory provisions, was executed by making the substitution for “and from time to time revise” to reflect the probable intent of Congress.Enacted provision · exact public law section
(1) in subsection (e), in the matter preceding paragraph (1), by striking “and from time to time, revise” and inserting “review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than 2 years after the completion of the initial review after the date of enactment of the Infrastructure Investment and Jobs Act and thereafter, as appropriate”; andInfrastructure Investment and Jobs Act
Pub. L. 117–58 § 70402(c)(2) · 135 Stat. 429
Added · 42 U.S.C. § 6962(j); 42 U.S.C. § 6962(k)
Pub. L. 117–58, § 70402(c)(2), added subsecs. (j) and (k)
Source evidence
Code amendment note
Subsecs. (j), (k). Pub. L. 117–58, § 70402(c)(2), added subsecs. (j) and (k).Enacted provision · exact public law section
(2) by adding at the end the following: “(j) Consultation and Provision of Information by Administrator.— The Administrator shall— “(1) consult with each procuring agency, including contractors of the procuring agency, to clarify the responsibilities of the procuring agency under this section; and “(2) provide to each procuring agency information on the requirements under this section and the responsibilities of the procuring agency under this section. “(k) Reports.— The Administrator, in consultation with the Administrator of General Services, shall submit to Congress an annual report describing— “(1) the quantity of federally procured recycled products listed in the guidelines under subsection (e); and “(2) with respect to the products described in paragraph (1), the percentage of recycled material in each product.” .
28 of 29 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Pub. L. 102–393, title VI, § 630, , 106 Stat. 1773, which directed that this title be amended by adding a new section 6962j, relating to a preference for recycled toner cartridges, and which had been executed by adding the provisions of purported new section as subsec. (j) of this section, to reflect the probable intent of Congress, was repealed by Pub. L. 103–355, title I, § 1554(1), , 108 Stat. 3300. Similar provisions were contained in Pub. L. 103–123, title IV, § 401, , 107 Stat. 1238, prior to repeal by Pub. L. 103–355, title I, § 1554(2), , 108 Stat. 3300.
Amendments1978–2021 · 8 rounds
2021
Subsec. (e). Pub. L. 117–58, § 70402(c)(1), which directed substitution of “review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than 2 years after the completion of the initial review after , and thereafter, as appropriate” for “and from time to time, revise” in introductory provisions, was executed by making the substitution for “and from time to time revise” to reflect the probable intent of Congress.
Subsecs. (j), (k). Pub. L. 117–58, § 70402(c)(2), added subsecs. (j) and (k).
1994
Subsec. (c)(3). Pub. L. 103–355, § 4104(e), designated existing provisions as subpar. (A), redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B).
Subsec. (j). Pub. L. 103–355, § 1554(1), struck out subsec. (j). See Codification note above.
1992
Subsec. (j). Pub. L. 102–393 added subsec. (j). See Codification note above.
1988
Subsecs. (c)(1)(C), (e). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “Bureau of Standards”.
1984
Subsec. (c)(1). Pub. L. 98–616, § 501(c), inserted “(and in the case of paper, the highest percentage of the postconsumer recovered materials referred to in subsection (h)(1) practicable)”.
Subsec. (d)(1). Pub. L. 98–616, § 501(e), substituted “eighteen months after ” for “five years after ”.
Subsec. (e). Pub. L. 98–616, § 501(b)(2), substituted “for paper within one hundred and eighty days after , and for three additional product categories (including tires) by ” for “for at least three product categories, including paper, by , and for two additional product categories, including construction materials, by .” in provisions following par. (2).
Subsec. (e)(1). Pub. L. 98–616, § 501(b)(1), inserted “, and in the case of paper, provide for maximizing the use of post consumer recovered materials referred to in subsection (h)(1)”.
Subsec. (g). Pub. L. 98–616, § 501(d), substituted “the requirements of” for “the policy expressed in” and inserted “, and to, every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d)”.
Subsecs. (h), (i). Pub. L. 98–616, § 501(a), added subsecs. (h) and (i).
1982
Subsec. (g). Pub. L. 97–375 struck out provision requiring the Office of Procurement Policy to report annually to Congress on actions taken by Federal agencies and the progress made in the implementation of the policy expressed in this section.
1980
Subsec. (c)(1). Pub. L. 96–482, § 22(1), (2), in provision preceding subpar. (A), substituted “After the date specified in applicable guidelines prepared pursuant to subsection (e) of this section, each procuring agency which procures any item designated in such guidelines shall procure such” for “After two years after , each procuring agency shall procure”, and in subpar. (C), “subparagraph (B)” for “clause (B)”.
Subsec. (c)(2). Pub. L. 96–482, § 22(3), substituted “energy or fuels derived from solid waste” for “recovered material and recovered-material-derived fuel”.
Subsec. (c)(3). Pub. L. 96–482, § 22(4), substituted subpars. (A) and (B) for provision requiring certification of the percentage of the total material utilized for the performance of the contract which is recovered materials.
Subsec. (d). Pub. L. 96–482, § 22(5), in par. (1), substituted provision requiring Federal agencies to eliminate from specifications as expeditiously as possible, but in no event later than 5 years after , any exclusion of recovered materials and any requirement that items be manufactured from virgin materials for provision that Federal agencies in reviewing specifications, ascertain whether those specifications violate prohibitions in par. (2)(A) to (C), with such review undertaken not later than 18 months after , and in par. (2), substituted provision that Federal agencies act within 1 year from publication of applicable guidelines under subsec. (e) of this section for provision that in drafting or revising specifications after , any exclusion of recovered materials be eliminated and specifications not require the item to be manufactured from virgin materials.
Subsec. (e). Pub. L. 96–482, § 22(6), designated provision relating to requirements of guidelines as cl. (2) and subpars. (A) and (C), added cl. (1), subpars. (B) and (C), and provision preceding subpar. (A), and struck out provision requiring information on source of supply.
1978
Subsec. (c). Pub. L. 95–609, § 7(n)(1), (2), redesignated subpar. (1)(A) as par. (1), subpars. (1)(B) and (C) as pars. (2) and (3), respectively, and cls. (i) to (iii) of former subpar. (1)(A) as subpars. (A) to (C), respectively, of par. (1), and in par. (3), as so redesignated, inserted “After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section,” before “contracting”.
Subsec. (e). Pub. L. 95–609, § 7(n)(3), inserted provision dealing with certification by vendors of the materials used.
Statutory Notes and Related Subsidiaries
Change of Name
“Director of the Government Publishing Office” substituted for “Public Printer” in subsec. (e) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.
Executive Documents
Transfer of Functions
For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
Credits
1976–2021 · 10 acts
- 1976Pub. L. 89–272, title II, § 6002, as added Pub. L. 94–580, § 2, , 90 Stat. 2822
- 1978amended Pub. L. 95–609, § 7(n), , 92 Stat. 3082
- 1980Pub. L. 96–482, § 22, , 94 Stat. 2346
- 1982Pub. L. 97–375, title I, § 102, , 96 Stat. 1819
- 1984Pub. L. 98–616, title V, § 501(a)–(e), , 98 Stat. 3274–3276
- 1988Pub. L. 100–418, title V, § 5115(c), , 102 Stat. 1433
- 1992Pub. L. 102–393, title VI, § 630, , 106 Stat. 1773
- 1994Pub. L. 103–355, title I, § 1554(1), title IV, § 4104(e), , 108 Stat. 3300, 3342
- 2014Pub. L. 113–235, div. H, title I, § 1301(d), , 128 Stat. 2537
- 2021Pub. L. 117–58, div. G, title IV, § 70402(c), , 135 Stat. 1265.
Show as published
(Pub. L. 89–272, title II, § 6002, as added Pub. L. 94–580, § 2, , 90 Stat. 2822; amended Pub. L. 95–609, § 7(n), , 92 Stat. 3082; Pub. L. 96–482, § 22, , 94 Stat. 2346; Pub. L. 97–375, title I, § 102, , 96 Stat. 1819; Pub. L. 98–616, title V, § 501(a)–(e), , 98 Stat. 3274–3276; Pub. L. 100–418, title V, § 5115(c), , 102 Stat. 1433; Pub. L. 102–393, title VI, § 630, , 106 Stat. 1773; Pub. L. 103–355, title I, § 1554(1), title IV, § 4104(e), , 108 Stat. 3300, 3342; Pub. L. 113–235, div. H, title I, § 1301(d), , 128 Stat. 2537; Pub. L. 117–58, div. G, title IV, § 70402(c), , 135 Stat. 1265.)