Page:United States Statutes at Large Volume 98 Part 3.djvu/903

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3275

"(D) wastes generated by the conversion of goods made from fibrous material (that is, waste rope from cordiage 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 percentjage of recovered material utilized in the performance of a contract; certification of minimum recovered material content actueiliy 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-Ceise 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 mgiterials 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.". (b) Section 6002(e) of the Solid Waste Disposal Act is amended 42 USC 6962. by— (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)"; and (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

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