263 



strumentallty of the executive, legislative, and ju- 

 dicial branches of the Federal Government (1) 

 having jurisdiction over any solid waste manage- 

 ment facility or disposal site, or (2) engaged in 

 any activity resulting, or which may result, in the 

 disposal of solid waste or hazardous waste shall 

 be subject to, and comply with, all Federal, State, 

 Interstate, and local requirements, both substan- 

 tive and procedural (Including any requirement 

 for permits or reporting or any provisions for 

 injunctive relief and such sanctions as may be 

 imFKKed by a court to enforce such relief) , respect- 

 ing control and abatement of solid waste or haz- 

 ardous waste disposal in the same manner, and to 

 the same extent, as any person is subject to such 

 requirements, including the payment of reasonable 

 service charges. Neither the United States, nor any 

 agent, employee, or officer thereof, shall be immune 

 or exempt from any process or sanction of any 

 State or Federal Court with respect to the enforce- 

 ment of any such injunctive relief. The President 

 may exempt any solid waste management facility 

 of any department, agency, or instrumentality in 

 the executive branch from compliance with such 

 a requirement if he determines it to be in the para- 

 mount interest of the United States to do so. No 

 such exemption shall be granted due to lack of 

 appropriation unless the President shall have spe- 

 cifically requested such appropriation as a part of 

 the budgetary process and the Congress shall have 

 failed to make available such requested appropria- 

 tion. Any exemption shall be for a period not in 

 excess of one year, but additional exemptions may 

 be granted for periods not to exceed one year upon 

 the President's making a new determination. The 

 President shall report each January to the Con- 

 grress all exemptions from the requirements of this 

 section granted during the preceding calendar 

 year, together with his reason for granting each 

 such exemption. 



"FEDERAL PROCtJREMENT 



"Sec. 6002. (a.) Application of Section. — Ex- 

 cept 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 acqui- 

 sition of a procurement item where the purchase 

 price of the item exceeds $10,000 or where the quan- 

 tity of such items or of functionally equivalent 

 items purchased or acquired in the course of the 

 preceding fiscal year was $10,000 or more. 



"(b) Procurement Subject to Other Law. — Any 

 procurement, by any procuring agency, which is 

 subject to regulations of the Administrator under 

 section 6004 (as promulgated before the date of 

 enactment of this section under comparable provi- 

 sions of prior law) shall not be subject to the re- 

 quirements of this section to the extent that such 

 requirements are inconsistent with such regula- 

 tions. 



"(c) Requirements. — (1) (A) After two years 

 after the date of enactment of this section, each 

 prociuing agency shall procure items composed of 



the highest percentage of recovered materials prac- 

 ticable consistent with maintaining a satisfactory 

 level of competition. The decision not to procure 

 such items shall be based on a determination that 

 such procurement items — 



"(1) are not reasonably available within a rea- 

 sonable period of time; 



"(11) 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 



"(iil) are only available at an unreasonable 



price. Any determination under clause (11) shall 



be made on the basis of the guidelines of the 



Bureau of Standards in any case in which such 



material is covered by such guidelines. 



"(B) Agencies that generate heat, mechanical, 



or electrical energy from fossil fuel in systems that 



have the technical capability of using recovered 



material and recovered-material-derived fuel as a 



primary or supplementary fuel shall use sucb 



capability to the maxlmimi extent practicable. 



"(C) Contracting officers shall require that ven- 

 dors certify the percentage of the total material 

 utilized for the performance of the contract which 

 is recovered materials. 



"(d) Specifications. — (1) All Federal agencies 

 that have the responsibility for drafting or review- 

 ing specifications for procurement item procured 

 by Federal agencies shall, in reviewing those specifi- 

 cations, ascertain whether such specifications vio- 

 late the prohibitions contained in subparagraphs 

 (A) through (C) of paragraph (2). Such review 

 shall be imdertaken not later than eighteen months 

 after the date of enactment of this section. 



"(2) In drafting or revising such specifications, 

 after the date of enactment of this section — 



"(A) any exclusion of recovered materials shall 

 be eliminated: 



"(B) such specification shall not require the 

 item to be manufactured from virgin materials; 

 and 



"(C) such specifications shall require reclaimed 

 materials to the maximum extent possible with- 

 out jeopardizing the Intended end use of the 

 item. 



"(e) Guidelines. — The Administrator, after con- 

 sultation with the Administrator of General Serv- 

 ices, the Secretary of Commerce (acting through 

 the Bureau of Standards) , and the Public Printer, 

 shall prepare, and from time to time revise, guide- 

 lines for the use of procuring agencies in comply- 

 ing with the requirements of this section. Such 

 guidelines shall set forth recommended practices 

 with respect to the procurement of recovered mate- 

 rials and items containing such materials and shall 

 provide information as to the availability, sources 

 of supply, and potential uses of such materials and 

 items. 



"(f) 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. 



