For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34617 ------------------------------------------------------------------------------ Order Code RL34617 Recycling Programs in Congress: Legislative Development and Architect of the Capitol Administration August 13, 2008 Jacob R. Straus Analyst on the Congress Government and Finance Division Recycling Programs in Congress: Legislative Development and Architect of the Capitol Administration Summary The House of Representatives and the Senate created separate voluntary recycling programs in 1989, during the 101st Congress (1989-1991). Administered by the Architect of the Capitol, the recycling programs aimed to reduce the amount of material sent to landfills and establish the House and the Senate as leaders of the recycling movement. The initial recycling programs in the House and Senate focused on the recycling of paper and the use of recycled paper, including white office paper, newspaper, and cardboard. While the program had modest beginnings, since 1992, when the General Services Administration (GSA) began managing the House and Senate recycling contracts, the House (9,939 tons) and the Senate (5,117 tons) have recycled a combined total of approximately 15,056 tons of paper. At approximately the same time the House and Senate began recycling paper, they also began recycling bottles and cans. Since 1992, when GSA began managing the recycling of non-paper materials, the House (572 tons) and the Senate (198 tons) have recycled a combined total of approximately 770 tons of bottles and cans. This number has fluctuated as the increased use of plastic instead of glass bottles has decreased the total weight of recycled bottles and cans. In 2001, the House and the Senate began recycling e-waste (e.g., computers, printers, and toner cartridges), construction, and demolition waste products (e.g., carpet, concrete, ceiling tiles, and scrap metal). The additional categories of recycling have allowed the House (23,000 tons) and the Senate (15,700 tons) to recycle almost 39,000 tons of materials that were not part of the initial recycling efforts. Overall, the expansion of the recycling program in both the House and Senate has resulted in an increase of total tons recycled and a decrease in total tons of waste transferred to landfills. Recently, the recycling program has expanded to include the recycling of cell phones and the composting of food waste in the House of Representatives. In the FY2009 budget justification, the Architect of the Capitol has proposed legislative language to amend Title 2, United States Code concerning the collection and sale of recycled materials and the use of proceeds. The new language, if enacted, would allow the Architect to offset the initial cost of new House recycling programs by using current proceeds. The Senate, by law, currently designates recycling proceeds to the Senate fitness center. For further analysis of recycling programs beyond those in the House and Senate, see CRS Report RS22807, Compact Fluorescent Light Bulbs (CFLs): Issues with Use and Disposal, by Linda Luther; CRS Report RL34147, Managing Electronic Waste: An Analysis of State E-Waste Legislation, by Linda Luther; and CRS Report RL31505, Recycling Computers and Electronic Equipment: Legislative and Regulatory Approaches for `E-Waste,' by James E. McCarthy. Contents Development of Recycling Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 House of Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Bills and Resolutions Prior to 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Establishing the House Recycling Program . . . . . . . . . . . . . . . . . . . . . . 2 Subsequent House Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Establishing the Senate Recycling Program . . . . . . . . . . . . . . . . . . . . . 5 Subsequent Senate Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Recycling in Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 House of Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Committee on House Administration . . . . . . . . . . . . . . . . . . . . . . . . . 17 Current Recycling Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Current Recycling Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Options for Program Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Legislative Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Creating a Mandatory Recycling Program . . . . . . . . . . . . . . . . . . . . . . 30 Dedication of Recycling Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Administrative Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Educational Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Recycling Containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Recycling of Other Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Appendix A. Bills and Resolutions Introduced for House of Representatives Recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Appendix B. Bills and Resolutions Introduced for Senate Recycling . . . . . . . . 39 List of Figures Figure 1. Proceeds from House Recycling, 1996-2007 . . . . . . . . . . . . . . . . . . . . 9 Figure 2. Total Tons and Paper Tons Recycled in the House, 1996-2007 . . . . . 19 Figure 3. Total Tons of Bottles and Cans, 1992-2007 . . . . . . . . . . . . . . . . . . . . 20 Figure 4. Total Tons of Other Materials Recycled in the House, 2004-2007 . . . 21 Figure 5. Proceeds from Senate Recycling, 1996-2007 . . . . . . . . . . . . . . . . . . . 24 Figure 6. Total Tons and Paper Tons Recycled in the Senate, 1996-2007 . . . . . 28 Figure 7. Total Tons of Bottles and Cans Recycled in the Senate, 1992-2007 . . 29 Figure 8. Total Tons of Other Materials Recycled in the Senate, 2001-2007 . . . 30 Recycling Programs in Congress: Legislative Development and Architect of the Capitol Administration Recycling can have multiple meanings. "To some, it is the stacking of newspapers and separating of cans and bottles from the trash. To others, it is the program that collects those materials. And, to still others, it is just another waste disposal program."1 Recycling programs in the House of Representatives and the Senate have taken two approaches: recycling of material as part of the overall congressional waste disposal program and purchasing products made from recycled materials. In each case, the House and the Senate encourage participation through educational outreach.2 Development of Recycling Programs Formal recycling programs were created during the 101st Congress (1989-1991) through separate resolutions in the House and Senate.3 Both the House and the Senate authorized the Architect of the Capitol (AOC) to "establish and implement a voluntary program for recycling paper."4 The recycling program has since expanded to include cardboard, toner cartridges, bottles, cans, and building materials. In calendar year 2007, the AOC facilitated the recycling of more than 2,000 tons of materials by the House and Senate.5 1 Robert Cowles Letcher and Mary T. Sheil, "Source Separation and Citizen Recycling," in William D. Robinson, ed., The Solid Waste Handbook: A Practical Guide (New York: John Wiley & Sons, 1986), p. 216. 2 The House and the Senate chose to create voluntary recycling programs as compared to compulsory programs requiring all offices to recycle. For a comparison of voluntary and compulsory programs and their impact on recycling participation see, Ann E. Carlson, "Recycling Norms," California Law Review, vol. 89, no. 5 (Oct. 2001), pp. 1231-1300. 3 CRS does not address the distinct question of whether separately from these resolutions, a requirement that the Architect of the Capitol administer a recycling program in congressional offices could be derived from the federal Solid Waste Disposal Act. That act states that agencies of the legislative branch, presumably including the Architect of the Capitol, are subject to D.C. laws "respecting control and abatement of solid waste ... to the same extent ... as any person is subject to such requirements...." 42 U.S.C. § 6961(a). 4 H.Res. 104 (101st Congress), agreed to by voice vote, Aug. 1, 1989; and S.Res. 99 (101st Congress), agreed to by unanimous consent, Oct. 2, 1989. 5 U.S. General Services Administration, GSA National Capitol Region, National Capitol Region Recycling Program, [http://ncr.gsa.gov/Recycle/AL/Default.aspx], accessed July 15, (continued...) CRS-2 House of Representatives While the first legislation to establish a recycling program in the House of Representatives was introduced in the 93rd Congress (1973-1975), a formal recycling program did not begin until the House agreed to H.Res. 104 in the 101st Congress. H.Res. 104 created a voluntary paper recycling program under the auspices of the Architect of the Capitol. The Architect, with guidance from the House Administration Committee and the Appropriations Committee's Subcommittee on Legislative Appropriations, has managed and expanded the recycling program. See Appendix A for a complete list of legislation introduced on House recycling programs. Bills and Resolutions Prior to 1989. Initial attempts to create a recycling program occurred during the 93rd and 94th Congresses and focused on requiring the use of recycled paper to produce congressional documents. Initial legislation took one of three approaches: 1. amend Title 44 of the United States Code (12 bills and resolutions); 2. a concurrent resolution stating the government should use recycled paper (two resolutions); or 3. direct the General Services Administration (GSA) to issue regulations on the use of recycled paper products (two bills). A total of 16 bills and resolutions were introduced using these three approaches. Each bill or resolution was referred to committee and did not receive further consideration. Establishing the House Recycling Program. On March 7, 1989, Representative William Green introduced H.Res. 104, providing for a voluntary paper recycling program in the House of Representatives, administered by the Architect of the Capitol. Representative Green's resolution approached recycling differently than previous measures. Instead of amending Title 44, proposing a concurrent resolution, or directing the GSA to issue regulations, H.Res. 104 placed responsibility for recycling in the House with the Architect of the Capitol and made recycling a voluntary program. Resolved, That, not later than 6 months after this resolution is agreed to, the Architect of the Capitol shall establish and implement a voluntary program for recycling paper that is disposed of in the operation of the House of Representatives. Such program shall be designed to encourage separation of paper by type at the sources of the generation (including offices of Members of the House) and to sell such paper for the purpose of recycling.6 5 (...continued) 2008. 6 H.Res. 104 (101st Congress), agreed to by voice vote, Aug. 1, 1989. CRS-3 H.Res. 104 was referred to the Committee on House Administration, where it was referred to the Subcommittee on Procurement and Printing. The subcommittee, chaired by Representative Jim Bates, held hearings on July 19 and July 20, 1989.7 The hearings included testimony from the Office of Technology Assessment, the Architect of the Capitol, the General Services Administration, Waste Management Inc., and local governments with established recycling programs.8 As a result of the hearings, the subcommittee supported the use of "source separation" techniques.9 The Committee on House Administration issued a report that stated, "[s]ource separation makes sense both environmentally and economically. For example, the House currently receives $1 per ton for its recycled trash. Source separation would generate $80 per ton for Grade 1 paper and $40 per ton for Grade 2 paper."10 On July 25, the subcommittee recommended the approval of H.Res. 104 to the full committee.11 On July 26, the full committee agreed to the resolution and reported the resolution favorably, without amendment. In its report, the committee raised concern that dividing paper into as many as five source separation categories could discourage staff and Member participation in the pilot program. As a result, the committee encouraged "the Architect to consider a phased-in approach, beginning with the separation of Grade 1 and Grade 2 paper."12 7 U.S. Congress, Library of Congress, (LIS) Legislative Information System of the U.S. Congress, [http://www.congress.gov], accessed Apr. 18, 2008. To find information about the detailed status of H.Res. 104, search for the resolution under the advanced tab for the 101st Congress. 8 U.S. Congress, Committee on House Administration, Requiring the Architect of the Capitol to Establish and Implement a Voluntary Program for Recycling Paper Disposed of in the Operation of the House of Representatives, report to accompany H.Res. 104, 101st Cong., 1st sess., H.Rept. 101-204 (Washington: GPO, 1989), p. 1. 9 40 C.F.R. § 246.101. See also, William D. Robinson, editor, The Solid Waste Handbook: A Practical Guide (New York, NY: John Wiley & Sons, 1986), p. 216. Source separation is an alternative to central disposal of waste. Instead of combining all waste materials prior to disposal, source separation divides the material, based on categories designed to maximize their reuse, prior to disposal. 10 U.S. Congress, Committee on House Administration, Requiring the Architect of the Capitol to Establish and Implement a Voluntary Program for Recycling Paper Disposed of in the Operation of the House of Representatives, report to accompany H.Res. 104, 101st Cong., 1st sess., H.Rept. 101-204 (Washington: GPO, 1989), p. 2. 11 U.S. Congress, Committee on House Administration, Report on the Activities of the Committee on House Administration of the House of Representatives During the One Hundred and First Congress, 101st Cong., 2nd sess., H.Rept. 101-1005 (Washington: GPO, 1991), p. 112. 12 U.S. Congress, Committee on House Administration, Requiring the Architect of the Capitol to Establish and Implement a Voluntary Program for Recycling Paper Disposed of in the Operation of the House of Representatives, report to accompany H.Res. 104, 101st (continued...) CRS-4 H.Res. 104 was debated on the House floor on August 1, 1989. During debate, Representative Bates stated that the resolution was the beginning of a larger recycling effort in the House. "Mr. Speaker, I think this is just the beginning of a much-needed recycling program here in the House of Representatives, and with that I hope this pilot program can be shortened from at least the 1-year period, but, if not, at least a 1-year period has been allowed."13 H.Res. 104 was agreed to by voice vote. Subsequent House Legislation. Following the passage of H.Res. 104, an additional 15 bills and resolutions were introduced between the 101st Congress (1989-1991) and the first session of the 110th Congress (2007-2009) to expand the House recycling program. These bills and resolutions can be divided into two categories: efforts to create a more comprehensive paper recycling program in Congress and the inclusion of Congress in broader federal government recycling programs. Comprehensive Congressional Recycling Program. Bills named "The Congressional Recycling Act" were introduced in the House during the 101st and 102nd Congresses.14 For example, H.R. 4523 was introduced by Representative Glenn Anderson during the 101st Congress, with similar language to other bills.15 H.R. 4523 contained language mandating the recycled content of paper purchased by the Clerk of the House, the Secretary of the Senate, and the Public Printer. In his remarks accompanying the introduction of H.R. 4523, Representative Anderson summarized the bill's goals. This bill will require the House of Representatives and the Senate to use recycled paper and paper products to the greatest extent practical in their daily operations and increase their procurement of paper and paper products with the highest percentage of recycled content. This sends a clear message to the rest of the Nation that Congress is actively involved in addressing America's environmental concerns.16 H.R. 4523 was referred to the Committee on House Administration and subsequently referred to the Subcommittee on Procurement and Printing. Hearings were 12 (...continued) Cong., 1st sess., H.Rept. 101-204 (Washington: GPO, 1989), p. 2. 13 Rep. Jim Bates, "Requiring Architect of the Capitol to Establish Voluntary Program for Recycling Paper Disposed of by the House," Congressional Record, vol. 135, part 13 (Aug. 1, 1989), p. 17172. 14 Companion bills were also introduced in the Senate. See S. 2513 (101st Congress), introduced Apr. 25, 1990; S. 2522 (101st Congress), introduced Apr. 25, 1990; and S. 255 (102nd Congress), introduced Jan. 23, 1991. 15 H.R. 4523 (101st Congress), introduced Apr. 18, 1990. 16 Rep. Glenn Anderson, "The Congressional Recycling Act of 1990," Congressional Record, vol. 136, part 5 (Apr. 18, 1990), p. 7278. CRS-5 conducted for H.R. 4523 in August 1990, but the measure was not subsequently reported by the committee.17 Federal Government Recycling Programs. In addition to the Congressional Recycling Act legislation, two bills were introduced in the 101st and 102nd Congresses to create broader recycling in the federal government. Both bills aimed to clarify federal procurement standards for the purchase of recycled paper. 18 For example, Representative John Porter introduced H.R. 1201 during the 102nd Congress (1991-1993). In his remarks accompanying the introduction of H.R. 1201 Representative John Porter explained why he believed this legislation was necessary: My bill will amend the Resource Conservation and Recovery Act which currently requires the Federal purchasing agents to implement affirmative procurement programs for paper products containing recovered material. That is an interesting concept, but the truth of the matter is, Mr. Speaker, the act does not promote the use of paper with postconsumer-waste content; that is, paper which has already been used once, thrown away, and collected for recycling which would be deinked and put back into use. With no standard to include postconsumer waste paper, the affirmative procurement programs have not helped create a market in this country for separated paper and do nothing at all to help us solve the solid-waste problems plaguing the country.19 Neither H.R. 1201 nor other bills creating a broader federal recycling program were reported by committee in any Congress. Senate The Senate recycling program was first proposed during the 101st Congress (1989-1991), and the introduction and passage of S.Res. 99 during that Congress created the basis for current Senate recycling efforts. See Appendix B for a complete list of legislation introduced on recycling in the Senate. Establishing the Senate Recycling Program. In April 1989, Senator Rudy Boschwitz introduced S.Res. 99 to require the Architect of the Capitol to create a voluntary paper recycling program in the Senate. The resolution stated: Resolved, That, not later than 6 months after this resolution is agreed to, the Architect of the Capitol shall establish and implement a voluntary program for 17 U.S. Congress, Committee on House Administration, Report on the Activities of the Committee on House Administration of the House of Representatives During the One Hundred and First Congress, 101st Cong., 2nd sess., H.Rept. 101-1005 (Washington: GPO, 1991), p. 116. See also, U.S. Congress, Committee on House Administration, Subcommittee on Procurement and Printing, Congressional Recycling Act of 1990, hearing on H.R. 4523, 101st Cong., 2nd sess., Aug. 1 and Aug. 2, 1990 (Washington: GPO, 1990). 18 H.R. 3463 (101st Congress), introduced Oct. 12, 1989 and H.R. 1201 (102nd Congress), introduced Feb. 28, 1991. 19 "The Federal Government and Congress Should Buy Real Recycled Paper," Congressional Record, vol. 137, part 3 (Feb. 26, 1991), p. 4244. CRS-6 recycling paper that is disposed of in the operation of the Senate. Such program shall be designed to encourage separation of paper by type at the sources of generation (including the offices of Members of the Senate) and to sell such paper for the purpose of recycling.20 The resolution was referred to the Committee on Rules and Administration. In a floor speech in support of his resolution, Senator Boschwitz expressed his vision of the Senate as a leader of government recycling efforts. "Recycling is a cornerstone of the future plans of our municipalities and counties to ensure that necessary landfill space remains available. The Senate should serve as an example in the recycling efforts of the Government."21 Senator Boschwitz returned to the Senate floor on September 6, 1989 to encourage the inclusion of his resolution in the Legislative Branch Appropriations bill and to explain the potential environmental impact of recycling. While I am pleased to see the number of bills introduced in Congress to promote recycling, I feel that we as a Congress must set the example for the rest of the Nation. Capitol Hill currently produces 20,000 tons of trash every year, of which only 30 percent is recycled. To no one's surprise much of the Hill's trash is high-grade paper for which there is currently a large demand. Instead of paying people to dump our paper, along with wrappers, food, and other trash, in landfills, we could be responding to this market demand with recycled high-grade paper.22 On September 27, the committee ordered S.Res. 99 to be reported without amendment. The next day, Senator Wendell Ford reported the resolution without a written report. On October 2, the Senate agreed to the resolution by unanimous consent. Subsequent Senate Legislation. Following the passage of S.Res. 99, seven bills were introduced between the second session of the 101st Congress and the first session of the 110th Congress (2007-2009) to require broader recycling efforts in Congress. Again, these bills can be divided into two categories: efforts to create a more comprehensive paper recycling program in Congress and efforts to create a broader federal government paper recycling program. Comprehensive Congressional Recycling Program. During the 101st and the 102nd Congresses, three bills, each called the "Congressional Recycling Act," were introduced in the Senate.23 Each bill had identical language and attempted to 20 S.Res. 99 (101st Congress), agreed to by unanimous consent, Oct. 2, 1989. 21 "Senate Resolution 99 -- Relating to the Recycling of Paper in the Senate," Congressional Record, vol. 135, part 5 (Apr. 11, 1989), p. 6048. 22 "Legislative Branch Appropriations, 1990," Congressional Record, vol. 135, part 14 (Sept. 6, 1989), p. 19607. 23 A companion bill was also introduced in the House. See H.R. 4523 (101st Congress), (continued...) CRS-7 place restrictions on the type of paper purchased by the Clerk of the House, the Secretary of the Senate, and the Public Printer.24 In his remarks to accompany the introduction of S. 255, Senator Jeff Bingaman explained why he believed the Congress should purchase recycled paper. "Mr. President, I believe we must set the example on the use of recycled products. I hope my legislation and the reporting requirements contained therein will ensure that Congress does its fair share in the recycling effort."25 Federal Government Paper Recycling Program. During the 101st Congress, legislation was introduced to require all federal government agencies to use recycled paper. S. 2643 would have directed the Administrator of the Environmental Protection Agency (EPA) to announce regulations requiring the recycling of paper by agencies with more than 50 employees; required the Clerk of the House and the Secretary of the Senate to use source separation for recycling paper; required all procuring agencies to meet minimum content standards for recycled paper as set forth in 40 C.F.R. § 250.21;26 required the Clerk of the House and the Secretary of the Senate to follow the same guidelines for recycled paper purchases as other federal agencies; required a study by the EPA to eliminate unnecessary packaging, to improve the ratio of product to packaging size, and to examine the use of non-toxic packaging; and required the Clerk of the House and Secretary of the Senate to ensure that the operations of the House of Representatives and the Senate, respectively, are minimizing their waste outputs.27 S. 2643 was referred to the Committee on Environment and Public Works and did not receive further consideration. Recycling in Practice Following the passage of H.Res. 104 and S.Res. 99 in the 101st Congress, the Architect of the Capitol established pilot, voluntary paper recycling programs in the House and Senate. In succeeding years, the Architect received direction for the 23 (...continued) introduced Apr. 18, 1990. 24 S. 2513 (101st Congress), introduced Apr. 25, 1990; S. 2522 (101st Congress), introduced Apr. 25, 1990; and S. 255 (102nd Congress), introduced Jan. 23, 1991. 25 "Purchase of Recycled Paper by Congress," Congressional Record, vol. 137, part 2 (Jan. 23, 1991), p. 2123. 26 Four executive orders have been issued since 1993 to require executive branch agencies to purchase recycled paper. See Executive Order 12873, "Federal Acquisition, Recycling, and Waste Prevention," 58 Federal Register 54911, Oct. 22, 1993; Executive Order 12995, "Amendment to Executive Order No. 12873," 61 Federal Register 13645, Mar. 28, 1996; Executive Order 13101, "Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition," 63 Federal Register 49641, Sept. 16, 1998; and Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management," 72 Federal Register 3921, Jan. 26, 2007. 27 S. 2643 (101st Congress), introduced May 16, 1990. CRS-8 operation of the House and Senate recycling programs through questions asked during appropriations hearings, in Legislative Branch Appropriations reports, in appropriations bills, and from the House Administration Committee and the Senate Rules and Administration Committee. While direction provided in appropriations bills could apply to both the House and the Senate, hearing questions, report language, and committee guidance has often been directed to either the House or the Senate program. As a result, the House and Senate recycling programs have developed somewhat separately since 1989. House of Representatives The House of Representatives recycling program has expanded since it was established as a voluntary program in 1989. In 2007, the House recycled approximately 1,400 tons of paper and 21.5 tons of bottles and cans. This represents an increase of 595% for paper and 113% for bottles and cans since the House contracted with GSA for the removal of recycling waste in 1992. Since GSA began managing the contract for collecting House recycled paper, bottles, and cans in 1992, House recycling efforts have generated approximately $346,000 in proceeds. Figure 1 shows the amount of money generated per year under GSA contracts between calendar year 1996 and calendar year 2007. The Office of the House Superintendent of the Architect of the Capitol is responsible for managing the House's recycling program. The Architect, in general, has responsibility for implementing recycling initiatives. The Committee on House Administration and the House Appropriations Subcommittee on the Legislative Branch provide oversight for the program.28 28 The Committee on House Administration has oversight jurisdiction over measures relating to financial accounts of the House and over measures relating to administration of the House Office Buildings and the House Wing of the Capitol. Since recycling officially began in 1989, the House Administration Committee has not provided public guidance to the Architect on the operation of the recycling program. In the 104th and 105th Congresses, the committee was known as the Committee on House Oversight. CRS-9 Figure 1. Proceeds from House Recycling, 1996-2007 $45,000 $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Source: U.S. General Services Administration Notes: All monetary figures are in nominal dollars. Proceeds between 1992 to 1995 were $107 or less per year and do not appear in Figure 1. In 1992, recycling proceeds were $10.84; in 1993, $106.20; in 1994, $100.98; and in 1995, $58.10. Proceeds were low because of contamination of potentially recycled materials. Figure 1 does not include proceeds from scrap metal recycling. Scrap metal is recycled through a non-GSA managed contractor and figures are available in fiscal year increments only. In FY2006, proceeds from scrap metal recycling were $1,352.38 and in FY2007 they were $11,992.57. The next sections outline examples of the oversight provided by the Appropriations Committee and the House Administration Committee and discuss the current status of the House recycling program. Appropriations. The House recycling program is not specified as a line item in the annual legislative branch appropriations bills. While funding to hire Architect of the Capitol staff, including those who administer the recycling program, is part of the Architect's annual budget request, funds to operate the program were first requested by the Architect for the recycling program beginning in fiscal years (FY) 1991 and 1992. According to the Architect, the request was made as the result of a downturn in the recycling market,29 which generated lower prices for recycled materials.30 29 For a further discussion of recycling markets see also John Pichtel, Waste Management Practices: Municipal, Hazardous, and Industrial (New York: Taylor & Francis, 2005), p. 130. 30 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Appropriations, Legislative Branch Appropriations for 1992: Part 1 Justification of the Budget Estimates, hearings, 102nd Cong., 1st sess. (Washington: GPO, 1991), pp. 608-609. CRS-10 The following section provides an overview of the Appropriations Committee's use of the appropriations process to guide the Architect of the Capitol's operation of the House recycling program. While not a comprehensive list of every action by the Appropriations Committee, the fiscal years included provide a general outline of oversight activities through the appropriations process. Fiscal years not included did not have specific instructions or appropriations made by the Appropriations Committee for the House recycling program in requests, reports, or bills. FY1991. For FY1991, the Architect of the Capitol, George White, requested $50,000 for waste recycling programs.31 During the Architect's testimony on the budget request, Representative Lindy Boggs requested more information about the request and the use of the funds. In response to Representative Boggs, the Architect cited costs associated with the recycling pilot program, including the expense related to cardboard collection boxes that could be placed on an individual's desk. "We have asked for that because there is some cost associated with this pilot program. It costs $5 for the little cardboard device that is on people's desks."32 The Architect then continued by explaining the goal of making the recycling program self-supporting and reminding the committee that he was not able to ascertain whether an annual appropriations request would be made, but he hoped that eventually the committee would authorize the use of recycling proceeds to sustain future recycling efforts. In any event, the predicted savings in the sense of increased value for the recycling material is in the order of magnitude of a quarter million dollars. That is the amount we might get returned to us. This is all to be developed as part of the pilot program. Presumably, if those kinds of funds do become available, this committee could authorize us to recycle the money, as well as the other products, by our collecting that money and using it for the expenses associated with the recycling so that we could perhaps not expend appropriated funds annually, but end up with self supported recycling, which has another purpose entirely.33 FY1992. In the Architect of the Capitol's budget justification for FY1992, a request was included for $180,000 for the disposal of waste paper. The funds were requested to offset costs associated with new contracts that required the House to pay a contractor to remove recyclable paper, instead of receiving proceeds from the sale of the paper. In past years, the Architect of the Capitol has been able to dispose of recyclable paper through a contractor, who in turn has paid into the U.S. Treasury the market rate for mixed grade paper. This past year's Invitation for Bid for removal and disposal of mixed grade recyclable paper did not attract any bidders 31 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Appropriations, Legislative Branch Appropriations for 1991: Part 1 Justification of the Budget Estimates, hearings, 101st Cong., 2nd sess. (Washington: GPO, 1990), p. 585. 32 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Appropriations, Legislative Branch Appropriations for 1991: Part 2 Legislative Branch, hearings, 101st Cong., 2nd sess. (Washington: GPO, 1990), p. 234. 33 Ibid. CRS-11 willing to provide the service at a profit to the Government. Rather, the bidders required payment for removing and disposing recyclable waste paper.34 During hearings on the Legislative Branch Appropriations Bill, the Architect was asked questions about recycling and the separation of materials before pickup. In response, the Architect stated that, With the appropriate direction from the Committee of Jurisdiction and the Speaker of the House of Representatives as Chairman of the House Office Building Commission, we could begin the deployment of a complex-wide source separation program. Adequate funds are not currently available to implement a comprehensive complex-wide program of source separation as an expansion of the existing recycling program.35 In the report to accompany the Legislative Branch Appropriations Act for 1992, the committee addressed the reduced market for recycled paper discussed in the Architect's testimony. The committee directed the Public Printer to review the technical requirements resulting from the purchase of paper containing post- consumer waste content. The Committee, therefore, directs the Public Printer to review technical printing requirements for individual print jobs such as business and committee calendars, wall calendars, committee prints, committee reports, document envelopes, business envelopes, blank paper and blank forms to study the feasibility of using paper with a 10 percent post-consumer waste content. The findings shall be published within 6 months of the enactment of this bill and should include a list of appropriate jobs which can employ the use of post-consumer waste paper.36 FY1993. During testimony on the FY1993 Legislative Branch Appropriations Bill, the Architect updated the committee on the status of the House recycling program, the use of private contractors to remove recycled materials from the House, and the status of the expansion of the recycling program to all House offices. In summary, the Architect stated that "[t]he new and expanded recycling program is currently being incorporated in all buildings under schedules approved by the committees of jurisdictions." In addition, the Architect believed that the expanded recycling program would provide "recycling materials (recycling stations, 34 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Appropriations, Legislative Branch Appropriations for 1992: Part 1 Justification of the Budget Estimates, hearings, 102nd Cong., 1st sess. (Washington: GPO, 1991), pp. 608-609. 35 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Appropriations, Legislative Branch Appropriations: Part 2 Fiscal Year 1991 Supplemental Request and Fiscal Year 1992 Legislative Branch Appropriations Request, hearings, 102nd Cong., 1st sess. (Washington: GPO, 1991), p. 260 36 U.S. Congress, House Committee on Appropriations, Legislative Branch Appropriations Bill, 1992, report to accompany H.R. 2506, 102nd Cong., 1st sess., H.Rept. 102-82 (Washington: GPO, 1991), p. 23. CRS-12 informational materials, etc.) in accordance with the approved schedules which indicate full deployment by September 30, 1992."37 FY1995. For FY1995, the Architect of the Capitol included a request for $150,000 for the waste recycling program in his budget justification. The purpose for the request was not specified in the budget justification or during the Architect's testimony. The request did not generate questions from committee members.38 On October 20, 1993, President Bill Clinton issued Executive Order 12873, which among other things, required the use of paper with a minimum of 20% post consumer content when practicable.39 In response, Senator Wendell Ford, chair of the Joint Committee on Printing (JCP), submitted a written statement to the House Legislative Branch Appropriations Subcommittee on the use of recycled paper in the legislative branch. After President Clinton issued his Executive Order on recycling in early October, the JCP immediately reviewed the requirements of on-going quarterly paper procurement and incorporated the 20 percent Post Consumer recycled fiber content provision wherever practical. As a result, most of the paper that will be shipped to GPO beginning in January 1994, will contain the desired 20 percent post consumer waste content. This was accomplished without an increase in the cost of paper.40 John Chambers, staff director of the JCP, also testified on the use of recycled paper for the publication of the Federal Register and the Congressional Record. He stated, "[s]o the two biggest products that are produced at the Government Printing 37 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Appropriations, Legislative Branch Appropriations for 1993: Part 2 Fiscal Year 1992 Legislative Branch Appropriations Request, hearings, 102nd Cong., 2nd sess. (Washington: GPO, 1992), pp. 708-709. 38 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Appropriations, Legislative Branch Appropriations for 1995: Part 1 Justification of the Budget Estimates, hearings, 103rd Cong., 2nd sess. (Washington: GPO, 1994), p. 713. 39 Executive Order 12873, "Federal Acquisition, Recycling, and Waste Prevention," 58 Federal Register 54911, Oct. 22, 1993. Subsequently, three additional executive orders, two by President Bill Clinton and one by President George W. Bush, have been issued related to recycling. See, Executive Order 12995, "Amendment to Executive Order No. 12873," 61 Federal Register 13645, Mar. 28, 1996; Executive Order 13101, "Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition," 63 Federal Register 49641, Sept. 16, 1998; and Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management," 72 Federal Register 3917, Jan. 26, 2007. 40 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Appropriations, Legislative Branch Appropriations for 1995: Part 1 Justification of the Budget Estimates, hearings, 103rd Cong., 2nd sess. (Washington: GPO, 1994), pp. 280-281. CRS-13 Office, the Federal Register and the Congressional Record are now on recycled, 100 percent post-consumer waste product."41 FY1999. As introduced, the Legislative Appropriations Bill for FY1999 did not contain provisions appropriating funds for the House recycling program. In a speech on the House floor, Representative Lloyd Doggett addressed what he perceived as the deficiencies in the recycling program and the need for better management and organization. Let me recite the facts: For 3 of the last 3 ½ years that this House has been under Republican control, there has been no recycling coordinator in this Congress. Indeed there is no recycling coordinator today. As we debate today this bill, there is no recycling plan in place. As we debate this bill there is no recycling of mixed paper in this House; indeed that is zero, zip, nada, being done with reference to recycling of mixed paper. Why is that particularly important? Because since there is no recycling coordinator and no real recycling effort, most people even if they have the best of intent with regard to recycling, do not have correct information about how to recycle in a way that will be effective, and that is reflected in other facts. When the House did recycle, it earned 30 cents per ton on the paper it recycled. Compare that with the Department of Housing and Urban Development which earned $60 per ton because it did it properly.42 Following Representative Doggett's speech, Representative Sam Farr, introduced an amendment to H.R. 4112 to provide $100,000 from the Architect's House office building funds to address specifically the financial needs of the recycling program. For all necessary expenses for the maintenance, care and operation of the House office buildings, $42,139,000, of which $11,449,000 shall remain available until expended: Provided, That of the total amount provided under this heading, not less than $100,000 shall be used exclusively for waste recycling programs.43 In his remarks, Representative Farr provided his rationale for the amendment. "The amendment, by earmarking specific funds for this program, sets recycling as a priority for the House. I offer this amendment because recycling is a program that has been neglected, and consequently has had very limited success."44 The 41 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Appropriations, Legislative Branch Appropriations for 1995: Part 2 Fiscal Year 1995 Legislative Branch Appropriation Requests, hearings, 103rd Cong., 2nd sess. (Washington: GPO, 1994), p. 341. 42 "Legislative Branch Appropriations Act, 1999," Congressional Record, vol. 144, part 10 (June 25, 1998), p. 13955. 43 P.L. 105-275, 112 Stat. 2443, Oct. 21, 1998. 44 "Amendment No. 1 Offered by Mr. Farr of California," Congressional Record, vol. 144, part 10 (June 25, 1998), p. 13963. CRS-14 amendment was agreed to by voice vote,45 was included in the conference report,46 and was signed into law by President Clinton on October 21, 1998.47 FY2000. During hearings on the FY2000 Legislative Branch Appropriations Bill, Representative Steny Hoyer asked the Architect to provide a status report on the recycling program. Lynne Theiss, executive officer for the Architect, testified on efforts to improve the recycling program and make it self-sustaining. Currently the House complex sends about 2,200 tons of paper for recycling annually. The program has not been very successful, but during fiscal year 1998 it underwent a renovation in the House group. The Superintendent of the House introduced color coded bags for material separation that our custodial staff actually used each evening when they were removing the office recycle program materials.48 Ms. Theiss then continued by discussing specific improvement made between 1997 and 1998. There was an improvement in the quality of the recycling effort as reflected in the funds received in 1998 versus 1997. In 1997, with 2,226 tons recycled, the value of the material was less than $2,000. In 1998, (with almost three months of "out of service" time) we recycled 1,532 tons but with a value of $25,483. (Had we been in operation for those other months, we anticipated a total tonnage of 2,770.) The object of the program is to increase the overall tonnage and, at the same time, insure that the quality (reduced contamination) is improved to increase the recyclability of the materials. While the program measures tonnage and dollars it must also reflect the market value given to the tonnage so it is incumbent upon the program to have the cleanest recycling stream possible regardless of the tonnage measured.49 Subsequently, the House report to accompany H.R. 1905 included four provisions on the House recycling program. These included (1) making participation in the recycling program mandatory for all Members and House officers, (2) directing the Architect to make collection of recyclables more efficient by providing a "convenient, clearly marked, user-friendly system for the collection of recyclable materials in each building," (3) requiring the Architect to make a semi-annual report to the Appropriations and House Administration Committees, and (4) in an effort to 45 Ibid, p. 13964. 46 U.S. Congress, Conference Committee, Making Appropriations for the Legislative Branch for the Fiscal Year Ending September 30, 1999, and for Other Purposes, conference report to accompany H.R. 4112, 105th Cong., 2nd sess., H.Rept. 105-734 (Washington: GPO, 1998), p. 15. 47 P.L. 105-275, 112 Stat. 2443, Oct. 21, 1998. 48 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative, Legislative Branch Appropriations, 2000: Part 2 Fiscal Year 2000 Legislative Branch Appropriation Requests, hearings, 106th Cong., 1st sess. (Washington: GPO, 1999), p. 450. 49 Ibid, p. 452. CRS-15 create an incentive for participation, directing that proceeds from the recycling program would contribute to the House Child Care Center.50 FY2001. As part of the conference report on the FY2001 Legislative Branch Appropriations Bill, the conferees agreed to continue to allow proceeds from agency recycling programs to finance the cost of recycling and waste prevention programs. Section 607. The conferees agree to continue the provision allowing agencies to finance the costs of recycling and waste prevention programs with proceeds from the sale of materials recovered through such programs.51 FY2002. In the report accompanying the FY2002 Legislative Branch appropriations bill, the committee directed the Architect to hire outside consultants to conduct a review of the House recycling program. Concerns have been raised about efforts to separate trash for recycling which, when collected, is ultimately dumped into the same receptacles destined for disposal. The Committee directs that the review should include recommendations to improve the program, establish a criteria for measuring compliance, and establish reasonable milestones for increasing the amount of material recycled.52 FY2003. In the report accompanying the FY2003 Legislative Branch Appropriations Bill, the committee stated that the House should establish a more comprehensive recycling program comparable to the objectives of Executive Order 13101.53 The committee also directed the Chief Administrative Officer of the House 50 U.S. Congress. House Committee on Appropriations, Legislative Branch Appropriations Bill, 2000, report to accompany H.R. 1905, 106th Cong., 1st sess., H.Rept. 106-156 (Washington, GPO, 1999), p. 22. For text of the Legislative Branch Appropriations Bill for FY2000 as enacted see P.L. 106-57, 113 Stat. 408, Sept. 29, 1999. 51 U.S. Congress, Conference Committee, Making Appropriations for the Legislative Branch for the Fiscal Year Ending September 30, 2001, and for Other Purposes, conference report to accompany H.R. 4516, 106th Cong., 2nd sess., H.Rept. 106-796 (Washington: GPO, 2000), p. 118. 52 U.S. Congress, House Committee on Appropriations, Legislative Branch Appropriations Bill, 2002, report to accompany H.R. 2647, 107th Cong., 1st sess., H.Rept. 107-169 (Washington: GPO, 2001), p. 20. For the text of the Legislative Branch Appropriations Bill for FY2002 see P.L. 107-68, 115 Stat. 560, Nov. 12, 2001. 53 Executive Order 13101, "Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition," 63 Federal Register 49641, Sept. 16, 1998. Executive Order 13101mandates that the "head of each executive agency shall incorporate waste prevention and recycling in the agency's daily operations and work to increase and expand markets for recovered materials through greater Federal Government preference and demand for such products." It was revoked by Executive Order 13423 on Jan. 24, 2007. See Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management," 72 Federal Register 3917, Jan. 26, 2007. CRS-16 to "develop a proposal that ensures that items composed of recovered materials are purchased to the maximum extent practicable."54 The committee addressed the progress by the Architect in reviewing the recycling program by stating that they were "encouraged by the progress being made on the review of the Architect of the Capitol's recycling program." The committee continued by directing the Architect to "implement and expand the recommendations of the best practices review as soon as practicable by developing a pilot project in the Capitol complex, which would address electronic equipment waste recycling. The Committee expects the Architect of the Capitol to provide quarterly reports on the recycling program both for traditional and electronic waste."55 FY2009. In the Architect's budget justification for FY2009, the Architect has proposed legislative language to amend Title 2, United States Code on the collection and sale of recycled materials and how the proceeds can be utilized. The proposed language would allow the Architect to offset the initial cost of new recycling programs by using the proceeds generated by current House recycling initiatives. Currently, 2 U.S.C. § 1869 states, Advance Payments. -- During fiscal year 2008 and each succeeding fiscal year, following notification of the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol may make payments in advance for obligations of the Office of the Architect of the Capitol for subscription services if the Architect determines it to be more prompt, efficient, or economical to do so.56 The proposed language would amend 2 U.S.C. § 1869 to say the following: § 1869. Collection and sale of recyclable materials; use of proceeds. (a) The Architect of the Capitol shall establish a program for the collection and sale of recyclable materials collected from or on Capitol Buildings and Grounds. (b) Any sale of recyclable materials by the Architect of the Capitol shall be in accordance with the procedures in the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 551 et seq.) for the sale of surplus property. (c) Proceeds from the sale of recyclable materials shall be credited to funds available to the Architect of the Capitol for the improvement of the environment, energy savings, and to pay for the costs of the recycling program. 54 U.S. Congress, House Committee on Appropriations, Legislative Branch Appropriations Bill, 2003, report to accompany H.R. 5121, 107th Cong., 2nd sess., H.Rept. 107-576 (Washington: GPO, 2002), p. 9. 55 Ibid, p. 16. For text of the Legislative Branch Appropriations Bill for FY2003 see P.L. 108-7, 117 Stat. 11, Feb. 20, 2003. 56 P.L. 110-161, 121 Stat. 2242, Dec. 26, 2007. CRS-17 (d) Any recycling program established by the Architect of the Capitol pursuant to this section shall not be in conflict with any other authorized recycling program on Capitol Buildings and Grounds including any recycling program undertaken pursuant to Section 121f of Title 2, United States Code.57 If enacted, the proposed language would allow the Architect to use proceeds generated from the recycling program to offset the costs of the recycling program and other energy savings programs. The proposed language would specifically affect the House recycling program, as the Senate has previously designated their recycling proceeds to the Senate fitness center.58 Committee on House Administration. The Committee on House Administration maintains oversight authority over the Architect of the Capitol and the House recycling program. In the past, the committee has been active in assisting the Architect in establishing the pilot program and with implementing general improvements mandated through the appropriations process. The following is a sample of the House recycling activities the Committee on House Administration has undertaken. 101st Congress. Following the passage of H.Res. 104, which established voluntary House recycling, the Committee on House Administration became active in the implementation and oversight of the pilot program. As part of the committee's general oversight activities, the committee held a series of meetings with recycling experts from Prince George's County Maryland, the General Services Administration, and San Diego County California to make recommendations to the Architect's office on establishing the pilot program. The committee also sent a "Dear Colleague" letter with a questionnaire for Member officers on the pilot program and congressional recycling, and held a forum for the Office Waste Recycling Pilot Program.59 103rd Congress. The Committee on House Administration issued a "Dear Colleague" letter on July 17, 1993 discussing the impact of the Office of Waste Recycling Program, introduced in March of 1992, on recycling efforts in the House.60 57 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for 2009: Part 1 Justification of Budget Estimates, hearings, 110th Cong., 2nd sess. (Washington: GPO, 2008), p. 430. 58 2 U.S.C. § 121f. 59 U.S. Congress, Committee on House Administration, Report on the Activities of the Committee on House Administration of the House of Representatives During the One Hundred and First Congress, 101st Cong., 2nd sess., H.Rept 101-1005 (Washington: GPO, 1991), pp. 117-118. 60 U.S. Congress, Committee on House Administration, Report on the Activities of the Committee on House Administration of the House of Representatives During the One Hundred Third Congress, 103rd Cong., 2nd sess., H.Rept. 103-893 (Washington: GPO, 1995), p. 5. CRS-18 105th Congress. In May, June, and August 1998, the Committee on House Oversight61 met with the staff of the Architect of the Capitol and the House Superintendent to discuss the recycling program. According to the committee's activity report, in each instance the discussion dealt with unspecified proposed improvements.62 Since the 105th Congress, the House Administration Committee activity reports have not specified action taken by the committee concerning the recycling program. The committee continues to maintain its oversight responsibility for the House recycling program, but has not included its activities in reports. Current Recycling Efforts. The House of Representatives currently recycles a number of products including paper, cans, bottles, and toner cartridges. In December 2007, the House also began to compost food waste, sugar cane-based food and beverage containers, and corn-based plastic forks, spoons, and knives used in the House restaurants. Additionally, the House created a recycling program for the personal cell phones of House staff members. These recycling efforts are ongoing and continue to expand as part of a new "Green the Capitol" Initiative under the direction of the Chief Administrative Officer (CAO) of the House. Since 1992, the House has contracted with the General Services Administration (GSA) for recycled material pickup and disposal. GSA-managed contractors pick up House recycled materials at three locations: the Cannon House Office Building, the Rayburn House Office Building, and the Ford House Office Building.63 Materials from the Longworth House Office Building, the House wing of the U.S. Capitol, the Capitol Power Plant, the Page dormitory, and the United States Botanical Gardens are transported to one of the three collection points. Paper. While the House paper recycling program began in August 1989, data on the amount of paper recycled is only available since 1996. In 1996, GSA began managing the contracts for the collection of recycled materials in the House. Figure 2 shows the total volume of paper recycled by the House and compares it with the total volume of recycled materials collected by the House. Figure 2 shows that recycled paper has become a larger percentage of total recycling in the House. In 1996, recycled paper was a modest 9.5% of the total recycled tons. Since 2004, paper has accounted for no less than 84% of total recycled 61 During the 104th Congress and the 105th Congress the Committee on House Administration was renamed the Committee on House Oversight. 62 U.S. Congress, Committee on House Oversight, Report on the Activities of the Committee on House Oversight of the House of Representatives During the One Hundred Fifth Congress Together With Minority and Additional Views, 105th Cong., 2nd sess., H.Rept. 105- 850 (Washington: GPO, 1999), pp. 37-39. 63 Recycled materials from the Ford House Office Building are currently picked up by a non- GSA managed vendor. Data on House recycling by GSA managed contractors includes pickups of office waste from the Ford House Office Building between Oct. 1992 and Jan. 1997. Since 1997, GSA managed contractors only pick up scrap metal from the Ford House Office Building. CRS-19 tons, with a high of 85.3% in 2007. Between 1996 and 2007, paper has accounted for a total of 44.9% of total recycled tons in the House of Representatives. The overall figure represents the increase in construction and building materials recycled since 2001. Figure 2. Total Tons and Paper Tons Recycled in the House, 1996-2007 3000 Total Tons Collected 2400 Tons of Materials 1800 1200 600 Paper Tons Recycled 0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Source: U.S. General Services Administration and Office of the House Superintendent, Architect of the Capitol. Since June 1, 1992, the Congressional Record has been printed on 100% recycled paper.64 The first issue of the Congressional Record printed on paper with some recycled content on March 24, 1992.65 The next day, Representative Charlie Rose, chairman of the Joint Committee on Printing, spoke about the importance of printing the Congressional Record on recycled paper. "I am proud to say that the Congress is taking the lead in promoting efforts to increase the use of recycled materials in Federal Government printed products."66 Bottles and Cans. In addition to recycling paper, the House of Representatives has recycled bottles and cans since at least 1992. Figure 3 shows the volume of bottles and cans recycled by the House. 64 "Notice," Congressional Record, vol. 138, part 9 (June 1, 1992), p. 12907. 65 "Notice," Congressional Record, vol. 138, part 5 (Mar. 24, 1992), p. 6509. 66 "Congressional Record Printed on 100 Percent Recycled Newsprint," Congressional Record, vol. 138, part 5 (Mar. 25, 1992), p. 6875. CRS-20 Figure 3. Total Tons of Bottles and Cans, 1992-2007 135 120 105 90 Tons of Material 75 60 45 30 15 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Source: U.S. General Services Administration Figure 3 shows a drop in the volume of bottles and cans recycled following a peak in 1993 (128 tons). This drop is due in part to an increase in mixed recycled materials labeled as "commingled" by GSA. Beginning in 1994, commingled materials were divided after pickup by GSA. As a result the House was not credited with the volume for those materials individually.67 The decrease in volume of recycled bottles and cans also coincides with the use of more plastic bottles and lighter aluminum cans that weigh less than the glass bottles previously in use.68 Since 2004, the House has been dividing recyclables before GSA pickup. Other Materials. In addition to paper, bottles, and cans, the House recycles scrap metal, toner cartridges, batteries, sawdust, e-waste,69 plastic, pallets, ceiling tiles, carpet, and other building materials. The Architect of the Capitol's Superintendent of the House recycling office has tracked the volume of non-paper, non-bottle, and non-can recycled material since FY2004. Figure 4 shows the total volume of recycled material in each of these categories since FY2004. Some categories, such as masonry material, were only recycled in one year (2007) as the result of a particular project and have not been specifically recycled since. 67 Email between the author and Patrick Moran, recycling program manager, Architect of the Capitol, U.S. House of Representatives Superintendent's Office, Apr. 15, 2008. 68 Phone conservation between the author and Patrick Moran, recycling program manager, Architect of the Capitol, U.S. House of Representatives Superintendent's Office, May 29, 2008. 69 E-Waste includes all electronic equipment such as computers, computer peripherals, printers, televisions, and copy machines. For more information on e-waste and e-waste recycling see, [http://www.epa.gov/ecycling/], accessed July 15, 2008. See also CRS Report RL31505, Recycling Computer and Electronic Equipment: Legislative and Regulatory Approaches for `E-Waste,' by James E. McCarthy. CRS-21 Figure 4. Total Tons of Other Materials Recycled in the House, 2004-2007 480.7 500 450 400 Tons of Material 350 260.6 300 250 200 150 63.5 100 34.2 7.5 40.8 13.0 26.9 16.3 50 2.0 2.6 0 Pallets Sawdust Ceiling Batteries Carpet E-Waste Plastics Toner Masonry Scrap Other Tiles M etal Source: Office of the House Superintendent, Architect of the Capitol Green the Capitol Initiative. In March 2007, Speaker Nancy Pelosi, Majority Leader Steny Hoyer, and the then chair of the Committee on House Administration, the late Representative Juanita Millender-McDonald, asked the CAO to provide an "environmentally responsible and healthy working environment for employees."70 The initiative created three goals for reducing the House of Representatives' environmental impact.71 ! Operate the House in a carbon-neutral manner by the end of the 110th Congress. ! Reduce the House's carbon footprint by cutting energy consumption by 50 percent in 10 years. ! Make House operations a model of sustainability.72 From these goals, the Green the Capitol Initiative has worked to recycle materials not previously covered by the Architect's contact with the GSA. These items have included the composting of food waste, corn-based biodegradable forks, 70 U.S. Congress, Chief Administrative Officer of the House of Representatives, Green the Capitol Initiative Final Report, 110th Cong., 1st sess. [http://cao.house.gov/greenthecapitol/ green-the-capitol-final-report.pdf], accessed July 15, 2008. 71 U.S. Congress, Chief Administrative Officer of the House of Representatives, "Immediate Office," CAO Semi-Annual Report, 110th Cong., 1st sess. [http://cao.house.gov/report/ cao-io.shtml], accessed July 15, 2008. 72 U.S. Congress, Chief Administrative Officer of the House of Representatives, Green the Capitol Initiative Final Report, 110th Cong., 1st sess. [http://cao.house.gov/greenthecapitol/ green-the-capitol-final-report.pdf], accessed July 15, 2008. CRS-22 spoons, and knives, and sugar cane-based biodegradable carry out containers from the House restaurants, and the recycling of cell phones.73 Composting. The House of Representatives began composting food waste in partnership with the House restaurant food vendor in December 2007.74 Between December 2007 and April 2008, the House has reduced the volume of materials sent to the landfill by 120 tons.75 Food waste from the House cafeterias is transported to a composting facility in Crofton, Maryland.76 In testimony before the Select Committee on Energy Independence and Global Warming on February 26, 2008, CAO Daniel Beard described the process for composting food service waste and its benefits for the reduction of transportation costs of waste materials. We send the compostable food service items along with all of the food waste from the front of the cafeteria and from the kitchens to a pulper. The pulper is like a giant garbage disposal that breaks down and dewaters the compost material. This reduces the volume of the compost material by a ratio of 10-1 and reduces the weight by as much as 4-1. The result is reduced hauling costs and reduced tipping fees by 60%-75%.77 In testimony before the House Committee on Transportation and Infrastructure's Subcommittee on Economic Development, Public Buildings, and Emergency Management, the CAO discussed the expansion of the composting program to Member's offices. "The House has completely revamped its paper recycling program to ensure compostable food waste is picked up from Member offices."78 According 73 Cell phone recycling had occurred before the "Green the Capitol" initiative in the 110th Congress, but it was not a formal program. "Green the Capitol" expanded the program. 74 For a discussion on composting see, George Tchobanoglous and Frank Kreith, Handbook of Solid Waste Management (New York: McGraw-Hill, 2002), pp. 1.9-1.11. 75 U.S. Congress, Chief Administrative Officer of the House of Representatives, Green the Capitol Initiative, Green Team "Newsletter," vol. 1, 110th Cong., 2nd sess. Apr. 7, 2008 [http://cao.house.gov/greenthecapitol/green-newsletter/greenteam01.shtml], accessed July 15, 2008. 76 U.S. Congress, Chief Administrative Officer of the House of Representatives, "Composting Heaps Ending Government Waste," press release, Apr. 15, 2008, [http://cao.house.gov/greenthecapitol/news-composting20080417.shtml], accessed July 21, 2008. 77 Testimony of Chief Administrative Office of the House of Representatives Daniel Beard, in U.S. Congress, House Select Committee on Energy Independence and Global Warming, Food for Thought: A Primer on the Climate Consequences of Food Choices, 110th Cong., 2nd sess., Feb. 26, 2008 [http://globalwarming.house.gov/tools/assets/files/0361.pdf], accessed July 15, 2008. 78 Testimony of Chief Administrative Office of the House of Representatives Daniel Beard, in U.S. Congress, House Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management, A Growing Capitol Complex and Visitor Center: Needs for Transportation, Security, Greening, Energy, and (continued...) CRS-23 to a press report, food waste compost bins are available for Member's offices who desire to recycle food waste and have it picked up with other recyclables to be composted.79 Cell Phones. In December 2007, the House began a drive to recycle the personal cell phones of staff members. The drive lasted for a week and half and did not include government-issued equipment. In a "Dear-Colleague" letter, the CAO provided details of the recycling program and listed reasons why cell phones are an environmental concern, including that "[t]hey are made from valuable resources that can be recovered, such as precious metals, copper, gold, silver, palladium, plastics and glass -- all of which require energy to mine and process[,]" and "[r]ecovering these materials through recycling conserves our natural resources and avoids air and water pollution as well as greenhouse gas emissions."80 In addition, the Green the Capitol Initiative website includes information on how Members can recycle cell phone in their districts or provide opportunities for constituents to recycle used cell phones.81 Senate The Senate recycling program has expanded since it was created as a voluntary program in 1989. In 2007, the Senate recycled approximately 700 tons of paper and 290 tons of other materials.82 This represents an increase of 145% in the volume of paper recycled compared to 1992 and an increase of 1,154% in the volume of other materials recycled compared to 2001. Since GSA began pickups for Senate recycled materials in 1992, the Senate has generated $149,452 in proceeds. Figure 5 shows the amount of money generated per year under GSA contracts between 1996 and 2007. In 2007, the proceeds almost tripled the previous year's level. The increase was the result of a new contract with a GSA vendor that included higher payments for recycled materials. 78 (...continued) Maintenance, 110th Cong., 2nd sess., Apr. 1, 2008 [http://cao.house.gov/appearances/ 20080401_transportation.shtml], accessed July 15, 2008. 79 Elizabeth Brotherton, "Beard Details New Recycling Efforts," Roll Call, Feb. 27, 2008 [http://www.rollcall.com/issues/53_99/news/22279-1.html], accessed July 15, 2008. 80 Dear-Colleague Letter from Daniel Beard, Chief Administrative Officer of the House of Representatives, Dec. 12, 2007. 81 U.S. Congress, Chief Administrative Officer of the House of Representatives, Green the Capitol Initiative, "Personal Cell Phone Collection Initiative" [http://cao.house.gov/ greenthecapitol/news-bberry-recycle.shtml], accessed July 15, 2008. 82 Other materials include bottles, cans, scrap metal, toners, batteries, sawdust, e-waste, plastic, pallets, concrete, brick, and carpet. GSA only collects bottles, cans, and paper for the Senate. Other materials is recycled through non-GSA vendors. CRS-24 Figure 5. Proceeds from Senate Recycling, 1996-2007 $45,000 $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Source: U.S. General Services Administration Notes: All monetary figures are in nominal dollars. Proceeds for 1992 to 1995 were $17 or less per year and do not appear in Figure 5. In 1992 and 1994, the Senate did not receive recycling proceeds. In 1993, recycling proceeds were $1.08; and in 1995, $17.20. The Office of the Senate Superintendent of the Architect of the Capitol is responsible for managing the Senate's recycling program. The Architect, in general, controls the implementation of recycling initiatives. The Senate Appropriations Committee and the Senate Committee on Rules and Administration provide oversight on the program. The subsequent sections outline examples of the oversight provided by the Appropriations Committee and discuss the current status of the Senate recycling program. Appropriations. The Senate recycling program, in general, has not been specifically mentioned in the annual appropriations bills. The appropriations process utilizes report language and hearings to provide oversight to the recycling program. This section provides an overview of how the appropriations process has guided the Architect of the Capitol on the Senate recycling program. While not a comprehensive list of every appropriations request, hearing, bill, or report, the fiscal years selected provide examples of the use of the appropriations process and the occasional directions for programs provided by the committee Members. FY1991. In testimony on the FY1991 budget request, the Architect discussed the status of the Office Waste Recycling Program in the Senate and requested $150,000 to hire a permanent recycling coordinator and provide for adequate recycling containers. The Architect also reported on the participation rate among Members and staff in the pilot program. "All of the offices (total of 23 member and Committee offices) on the fifth and sixth floors of the Hart SOB [Senate Office Building] are participating in the pilot program. Within these offices we estimate CRS-25 that approximately 80% of the staff are actively and cooperatively participating in the voluntary pilot program."83 FY1992. During Senate Appropriations Committee hearings on the FY1992 Legislative Branch Appropriations Bill, the Secretary of the Senate testified that the Senate Library "in cooperation with the Sergeant at Arms and the Architect, developed a pilot project for the Secretary's Office to test procedures for recycling paper and other matters."84 Additionally, the Secretary reported that the stationery room began making recycled materials available, despite the cost of recycled goods being "7 to 10 percent higher in most instances" than non-recycled materials.85 FY1993. During hearings on the FY1993 Legislative Branch Appropriations Bill, the committee asked the Architect to provide an update concerning five problem areas identified during the FY1992 hearings. The Architect responded that the problems had been resolved and that "[w]ith the anticipation of improved markets for recyclable materials, the focus of the expanded recycling program in years to come will be to improve the productivity and cost effectiveness of our waste material recycling systems."86 FY1998. In FY1998, Senator Daniel Akaka introduced S. 2368,87 the Senate Day Care Center Recycling Funding Support Act. S. 2368 would have allowed the Architect of the Capitol to transfer Senate recycling proceeds to the Senate Day Care Center. Mr. President, my bill would authorize the Architect of the Capitol to receive Senate recycling funds and make them available for the payment of SECCC [Senate Employees Child Care Center] activities and expenses, through the annual appropriations process. This would achieve two mutually beneficial goals: first, to provide a small but important supplement to the day care center's operating budget; second, to improve the efficiency of the Senate recycling program by establishing an internal incentive to recycle.88 83 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations for Fiscal Year 1991, hearings, 101st Cong., 2nd sess., S.Hrg. 101-839 (Washington: GPO, 1990), p. 249. 84 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations for Fiscal Year 1992, hearings, 102nd Cong., 2nd sess., S.Hrg. 102-244 (Washington: GPO, 1991), p. 37. 85 Ibid, p. 39. 86 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations for Fiscal Year 1993, hearings, 102nd Cong., 2nd sess., S.Hrg. 102-658 (Washington: GPO, 1992), p. 293. 87 S. 2368 (105th Congress), introduced July 29, 1998. 88 U.S. Congress, Office of Senator Daniel Akaka, "Senate Day Care Center Recycling Funding Support Act," press release, July 29, 1998. See also, "Senate Day Care Recycling Funding Support Act," Congressional Record, vol. 144, part 2 (July 29, 1998), pp. 17663- 17664. CRS-26 During his remarks on the Senate floor, Senator Akaka also included a letter of support from the Board of Directors of the SECCC. The letter stated the SECCC's strong support of legislation "that would allow the SECCC to receive the proceeds from the Senate recycling and other waste prevention programs to support the operation and other expenses of the SECCC."89 S. 2368 was referred to the Senate Committee on Rules and Administration and did not receive further consideration. FY2001. In the Senate report to accompany the FY2001 Legislative Appropriations Act, the Appropriations Committee stated that the Senate recycling program could be improved. The committee then provided recommendations. First, the Architect of the Capitol is directed to fill the position of Recycling Program Manager which has been vacant for approximately a year. Second, the Architect of the Capitol is directed to develop a program with the approval of the Senate Rules Committee to educate staff on how to properly recycle. Given the high turnover in staff on Capitol Hill, it is important that new employees are given every opportunity to learn and participate in recycling. This program should involve making recycling containers readily available in an esthetically pleasing and practical way.90 In FY2001, the Senate also designated the proceeds from the Senate recycling program to supplement the Senate fitness center. The language designating the funds was enacted as part of the Consolidated Appropriations Act of 2001.91 The language, enacted as 2 U.S.C. § 121f, states the following: § 121f. Senate Staff Health and Fitness Facility Revolving Fund (a) Establishment - There is established in the Treasury of the United States a revolving fund to be known as the Senate Staff Health and Fitness Facility Revolving Fund ("the revolving fund"). (b) Deposit of receipts - The Architect of the Capitol shall deposit in the revolving fund - (1) any amounts received as dues or other assessments for use of the Senate Staff Health and Fitness Facility, and (2) any amounts received from the operation of the Senate waste recycling program. (c) Availability of funds - Subject to the approval of the Committee on Appropriations of the Senate, amounts in the revolving fund shall be available to the Architect of the Capitol, without fiscal year limitation, for payment of costs of the Senate Staff Health and Fitness Facility. (d) Withdrawal of excess amounts - The Architect of the Capitol shall withdraw from the revolving fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the revolving fund that the Architect 89 "Senate Day Care Recycling Funding Support Act," Congressional Record, vol. 144, part 2 (July 29, 1998), p. 17664. 90 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 2001, report to accompany S. 2603, 106th Cong., 2nd sess., S.Rept. 106-304 (Washington: GPO, 2000), p. 29. 91 P.L. 106-554, 114 Stat. 2763A-96, Dec. 21, 2000. CRS-27 determines are in excess of the current and reasonably foreseeable needs of the Senate Staff Health and Fitness Facility. (e) Regulations - The Committee on Rules and Administration of the Senate shall promulgate regulations pertaining to the operation and use of the Senate Staff Health and Fitness Facility.92 FY2002. In the report to accompany the Legislative Branch Appropriations Act for FY2002, the Appropriations Committee requested that the Sergeant at Arms and the Secretary of the Senate jointly develop and implement in conjunction with the Architect, a recycling education program. The program would have required the approval of the Senate Committee on Rules and Administration.93 In the same report, the committee also expressed its concern over the Senate recycling program. The Committee is troubled that the Senate Waste Recycling Program has not improved in the last year and prior-year report language on this program seemingly has been ignored. The Architect of the Capitol is directed to participate in a program being jointly developed and implemented by the Secretary of the Senate and the Senate Sergeant at Arms and Doorkeeper and approved by the Senate Committee on Rules and Administration to educate staff on how to properly recycle.94 The Architect was also directed to contract with an outside vendor for a "best- practices review" of the recycling program and to submit quarterly reports to the committee. FY2004. In the report to accompany the Legislative Branch Appropriations Act for FY2004, the Appropriations Committee directed the Architect to work with the Senate Sergeant at Arms to implement the recommendations of the "best-practices" review and to "continue implementation of a pilot program to address electronic equipment waste recycling." The committee also stated that they were "encouraged by the progress with the AOC's recycling program."95 Current Recycling Efforts. The Senate currently recycles a number of products and materials, including paper, cans, bottles, scrap metal, toner cartridges, batteries, sawdust, e-waste, plastic, pallets, ceiling tiles, concrete and brick, and carpet. Senate recycling efforts are managed by the Architect of the Capitol through the recycling coordinator in the Office of the Superintendent of the Senate. The 92 P.L. 106-554, 114 Stat. 2763, Dec. 21, 2000; and P.L. 108-7, 117 Stat. 375, Feb. 20, 2003. 93 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 2002, report to accompany S. 1172, 107th Cong., 1st sess., S.Hrg. 107-37 (Washington: GPO, 2001), p. 10. 94 Ibid, p. 29. 95 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 2004, report to accompany S. 1383, 108th Cong., 1st sess., S.Rept. 108-88 (Washington: GPO, 2003), p. 28. CRS-28 Senate contracts with the General Services Administration (GSA) for pickups at the Hart Senate Office Building for paper, bottles and cans. For other materials, the Senate uses additional vendors based on type of product. Paper. While the Senate paper recycling program began in October 1989, data on the volume of paper recycled is not available prior to 1996. Between 1989 and 1995, GSA did not weigh paper separately from cans and bottles. Figure 6 shows the total volume of recycled materials and the total volume of paper recycled by the Senate since the GSA began weighing paper volume separately from other recycled materials in 1996. Figure 6. Total Tons and Paper Tons Recycled in the Senate, 1996-2007 1600 Total Tons Collected 1400 1200 Tons of Material 1000 800 600 400 Paper Tons Recycled 200 0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Source: U.S. General Services Administration and Office of the Senate Superintendent, Architect of the Capitol Figure 6 shows that recycled paper has become a larger percentage of total recycling in the Senate. In 1996, recycled paper represented 29.7% of total recycled materials. This decreased in 1997 (17.2%), increased in 1998 (24.6%), and decreased again in 1999 (17.4%). Part of this fluctuation can be explained by election cycles. During election years, the total volume of recycled materials increases in the Senate as Senators leave office and clean their office space.96 This effect is less pronounced since 2004, when paper became a greater percentage of total recycled materials in the Senate. Overall, paper accounted for 32.6% of total recycled materials in the Senate since 1996. Bottles and Cans. The Senate has been recycling bottles and cans since at least 1992. Figure 7 shows the total volume of bottles and cans recycled by the Senate since GSA began pickups in 1992. Overall, the total volume of bottles and cans has been as low as two tons in 1997 and as high as 26.3 tons in 1993. On 96 Conversation between the author and Scott Shapleigh, recycling program manager, Senate Office Buildings, Architect of the Capitol, Apr. 22, 2008. CRS-29 average, the Senate recycles 12 tons of bottles and cans per year. The decline in total tons of bottles and cans recycled following 1995 is due in large part to the use of plastic bottles. Prior to 1995, the Senate recycled a higher tonnage of bottles and cans as the result of the use of glass bottles, which have a greater weight.97 Figure 7. Total Tons of Bottles and Cans Recycled in the Senate, 1992-2007 30 25 Tons of Material 20 15 10 5 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Source: U.S. General Services Administration Other Materials. In addition to paper, bottles, and cans, the Senate recycles scrap metal, toner cartridges, batteries, sawdust, e-waste, plastic, pallets, ceiling tiles, concrete, brick, and carpet. The Architect of the Capitol's Superintendent of the Senate Recycling Office has tracked the volume of non-paper, non-bottle, and non- can recycled material since 2001. Figure 8 shows the total volume of other materials recycled in each non-paper, non-bottle, and non-can category since 2001. Some categories, such as ceiling tiles, were only recycled in one year (2004) as the result of a particular project. 97 Conversation between the author and Scott Shapleigh, recycling program manager, Senate Office Buildings, Architect of the Capitol, June 3, 2008. CRS-30 Figure 8. Total Tons of Other Materials Recycled in the Senate, 2001-2007 1050 878.8 900 750 Tons of Material 600 450 300 42.4 72.7 60 150 12.1 9 4 12.9 0.8 8 0 Scrap Toners Batteries Saw dust E-Waste Plastic Pallets Ceiling Masonry Carpet Metal Tiles Source: Office of the Senate Superintendent, Architect of the Capitol Options for Program Administration Since 1989, recycling has been a formal program in the House and the Senate. Created as a voluntary program, the Architect of the Capitol has developed recycling from a program that handled a limited volume of material and a small number of products into a program that recycled almost 2,800 tons of materials and 12 different categories of materials in 2007. Even with this progress, there are potential legislative and administrative policy options available to expand congressional recycling programs. Legislative Options There are several legislative options for the recycling program. Since current participation in the recycling program is voluntary, the House of Representatives and the Senate could each pass legislation to make recycling a mandatory program. Also, the House could address the Architect's proposed amendment to 2 U.S.C. § 1869 to use the proceeds from the recycling program to offset program costs. Creating a Mandatory Recycling Program. Participation in the current recycling program is voluntary. To increase participation, the Architect of the Capitol could request that the Committee on House Administration and the Senate Committee on Rules and Administration consider passing resolutions to make participation in the House and Senate recycling programs mandatory for all member offices, committees, and support organizations. CRS-31 In a nationwide survey conducted in 1989 and 1996, 158 cities reported switching from voluntary to mandatory community recycling programs. Overall, those cities that switched to mandatory recycling reported higher participation rates. Those cities that continued to offer voluntary programs, however, reported that offering curbside pickup (i.e., pickup in individual offices) "resulted in a much higher mean level of participation compared to those programs in which citizens could only drop off materials at recycling collection centers."98 As the result of greater participation, the benefits of a mandatory recycling program could include an increase in total volume of material recycled by individual, committee, and support organization offices. An increase in the volume of paper, bottles, and cans recycled from these offices, the most commonly recycled products, could result in greater proceeds. An increase in proceeds would benefit the Senate fitness center and, if passed, would allow the Architect to develop other recycling initiatives in the House.99 On the other hand, it may prove difficult for the Architect to enforce participation. Some Member offices may object to mandatory participation. While incentives, such as an enhanced Senate fitness center, could increase participation, ultimately individuals decide whether they participate in a recycling program. Should an individual choose not to participate, enforcement of a mandatory program could be logistically difficult and costly. The nature of a penalty and its enforcement would further burden the Architect.100 Dedication of Recycling Proceeds. The Architect of the Capitol has included in his budget justification for FY2009 legislative language to amend Title 2, United States Code concerning the collection and utilization of proceeds from the House recycling program. If enacted, the language would "allow that proceeds from AOC recycling program be applied to other environmentally friendly efforts such as energy conservation program and other efforts."101 Currently, the proceeds from the House recycling program are deposited in the United States Treasury, and are not returned to the House. 98 David H. Folz, "Municipal Recycling Performance: A Public Sector Environmental Success Story," Public Administration Review, vol. 59, no. 4 (July-Aug. 1999), p. 338. 99 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for 2009: Part 1 Justification of Budget Estimates, hearings, 110th Cong., 2nd sess. (Washington: GPO, 2008), p. 430. 100 Other research studies suggest that solid waste removal fees based on volume of material removed from a property (i.e. more garbage collected equates with higher service fees) has motivated people to recycle. The House and Senate, collectively or individually, could create a system to charge offices for the volume of non-recyclable materials collected. See James D. Reschovsky and Sarah E. Stone, "Market Incentives to Encourage Household Waste Recycling: Paying for What You Throw Away," Journal of Policy Analysis and Management, vol. 13, no. 1 (Winter 1994), pp. 120-139. 101 U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for 2009: Part 1 Justification of Budget Estimates, hearings, 110th Cong., 2nd sess. (Washington: GPO, 2008), p. 430. CRS-32 Proponents of the Architect's proposed legislation could argue that providing the House recycling program with a dedicated stream of funds might allow for a reduction in appropriations. Dedicating funds generated by the recycling program to energy conservation and recycling efforts could motivate additional participation in the recycling program. Dedicating funds would also mirror action previously taken by the Senate, which directs proceeds from the Senate recycling program to the Senate fitness center.102 Opponents of allowing the Architect to retain proceeds from the House recycling program could argue that the current system meets the recycling program's needs. Other opponents could argue that dedicating the proceeds to the recycling program would not motivate additional participation, and that dedication of the funds to the House day care center or the House fitness center would be a better incentive.103 Administrative Options Since the current recycling program is voluntary and administered by the Architect of the Capitol, there are three major administrative options available to expand the recycling program. The Architect, through the recycling coordinators in the House and Senate, could expand their educational programs to encourage staff to recycle, expand the number and placement of recycling containers, or continue to look for additional materials to recycle. Educational Programs. During a hearing of the Senate Rules and Administration Committee, Chairwoman Senator Dianne Feinstein addressed the issue of staff education during her opening statement. She stated, "[a]nother avenue for change is educating the Senate community on how simple actions can make a big difference in lowering our energy usage. Creating a culture of `energy consumption awareness' through educational seminars and emails might hold the key to further reduce our energy needs."104 To continue to raise awareness of the recycling program, the Architect, through the recycling coordinators in the House and Senate Superintendent's offices, could expand educational programs. Both the House and the Senate maintain recycling webpages on the House and Senate Architect's websites and hold educational seminars to educate staff about 102 2 U.S.C. § 121f. 103 In 1998, Senator Daniel Akaka introduced S. 2368 to dedicate proceeds from the Senate recycling program to the Senate Child Care Center. While S. 2368 was not enacted, Senate recycling proceeds were designated to offset the cost of the Senate fitness center by the Consolidated Appropriations Act of 2001 (2. U.S.C. § 121f). 104 Statement of Senator Dianne Feinstein, in U.S. Congress, Senate Committee on Rules and Administration, Improving Energy Efficiency, Increasing the Use of Renewable Sources of Energy, and Reducing the Carbon Footprint of the Capitol Complex, hearings, 110th Cong., 2nd sess., June 18, 2008 [http://rules.senate.gov/hearings/2008/061808feinsteinopen.pdf], accessed July 15, 2008. CRS-33 what can and cannot be recycled.105 To continue to educate House and Senate staff, the Architect could expand the educational offerings on recycling. These programs could range from single seminars on the recycling process and recyclable materials to in-depth programs on the short-term and long-term benefits of recycling on Capitol Hill. Research suggests that recycling increases with greater awareness and that "[s]uch awareness is achieved by educating the public about the urgency of waste stream reduction."106 Additionally, the Architect could offer visits to individual offices to demonstrate recycling techniques or consultation on the placement and quantity of recycling bins. Recycling Containers. To increase participation in the recycling program the House and the Senate could examine the number of recycling containers and the placement of the containers throughout the Capitol complex. Increasing the number of containers and the placement of containers could allow the Architect to collect greater volumes of recycled materials from individual Member and committee offices. Should individual Member and committee offices desire multiple containers, the containers could be placed strategically to facilitate greater staff participation. While increasing the number and the placement of the containers could increase staff participation, it could also make it more difficult for the Architect to collect recycled materials. More containers will increase the number of pickup points. This could make the collection of materials more time consuming and more difficult to monitor. The House or Senate could change how recycled items are collected by moving from having a few centralized locations for the drop-off of recyclables to creating a more decentralized with in-office collection of materials. In a decentralized pickup system, materials would be placed in recycling bins located within individual offices, picked up by the Architect and categorized at a central location. If individual staffers did not separate materials in their respective offices, such responsibility would remain with the Architect to ensure that the House and Senate receive maximum value for recycled materials. Recycling of Other Materials. The House and the Senate currently recycle 12 different materials: paper, bottles and cans, wooden pallets, sawdust, ceiling tiles, batteries, carpet, e-waste, plastics, toner cartridges, masonry waste, and scrap metal. To ensure that the House and Senate recycling programs continue to recycle new 105 The House Superintendent maintains a recycling brochure on its website [http://house.aoc.gov/upload/InHousePrintBrochure7.pdf], accessed July 15, 2008 and the Senate Superintendent maintains contact information for the recycling coordinator as well as a list of materials that can be recycled in an office on its website [http://senate.aoc.gov/ Senate-Services/Programs/Programs-Recycling.cfm], accessed July 15, 2008. 106 James D. Ward and Dennis W. Gleiber, "Citizen Response to Mandatory Recycling," Public Productivity and Management Review, vol. 16, no. 3 (Spring 1993), p. 241. See also, Joanne Vining and Angela Ebreo, "An Evaluation of the Public Response to a Community Recycling Education Program," Society and Natural Resources, vol. 2 (1989), pp. 23-36; and Joanne Vining and Angela Ebreo, "What Makes a Recycler? A Comparison of Recyclers and Nonrecyclers," Environment and Behavior, vol. 22, no. 1 (1990), pp. 55-73. CRS-34 materials, the Architect could continue to explore opportunities for expansion. New materials could include cell phone and personal data assistants (PDAs), the collection and composting of food materials from outside the House cafeterias, the creation of a recycling program for compact fluorescent light bulbs (CFLs) when they need to be replaced,107 and the continuation of construction and industrial waste recycling associated with maintenance and upgrade projects through Capitol Hill. Conclusion Recycling in the House of Representatives and the Senate is an ongoing process that has been expanded during the 110th Congress. Under the combined supervision of the Architect and the CAO, the House continues to increase recycling options to include non-traditional material such as cell phones. Similarly, the Senate has created a flexible recycling program that responds to the needs of Members and staff. Both the House and the Senate continue to look for ways to augment recycling initiatives in a cost effective and environmentally conscious way. 107 For more information on Compact Fluorescent Light Bulbs see, CRS Report RS22807, Compact Fluorescent Light Bulbs (CFLs): Issues with Use and Disposal, by Linda Luther. CRS-35 Appendix A. Bills and Resolutions Introduced for House of Representatives Recycling Since the 93rd Congress (1973-1975), 32 bills and resolutions have been introduced to create or refine the recycling program in the House of Representatives. While only one of these proposals was agreed to (H.Res. 104 in the 101st Congress), each attempted to create a modern recycling program in the House. Congress Measure Title Sponsor Introduced 93rd (1973-1975) H.R. 913 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of Peter Peyser (R-NY) Jan. 3, 1973 recycled paper in the printing of the Congressional Record H.R. 1812 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of William Lehman (D-FL) Jan. 11, 1973 recycled paper in the printing of the Congressional Record H.R. 2182 A bill to amend Section 734 of Title 44, United States Code, to require the Vernon Thomson (R-WI) Jan. 15, 1973 Public Printer to furnish recycled material for the official use of the Senate and the House of Representatives H.R. 2183 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of Vernon Thomson (R-WI) Jan. 15, 1973 recycled paper in the printing of the Congressional Record H.Con.Res. 89 Concurrent resolution expressing the sense of Congress that the Federal Jack Edwards (R-AL) Jan. 22, 1973 Government should use recycled paper products to the fullest extent possible H.R. 3846 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of Peter Peyser (R-NY) Feb. 6, 1973 recycled paper in the printing of the Congressional Record H.R. 3847 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of Peter Peyser (R-NY) Feb. 6, 1973 recycled paper in the printing of the Congressional Record CRS-36 Congress Measure Title Sponsor Introduced H.R. 3952 A bill to authorize and direct the Administrator of the General Services John Dingell (D-MI) Feb. 7, 1973 Administration to prescribe regulations with respect to the amount of recycled material contained in paper procured or used by the Federal Government or the District of Columbia H.R. 4015 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of William Lehman (D-FL) Feb. 7, 1973 recycled paper in the printing of the Congressional Record H.R. 5142 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of William Lehman (D-FL) Mar. 5, 1973 recycled paper in the printing of the Congressional Record 94th (1975-1977) H.R. 483 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of Kevin Hechler (D-WV) Jan. 14, 1975 recycled paper in the printing of the Congressional Record H.R. 404 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of Hamilton Fish, Jr. (R-NY) Jan. 14, 1975 recycled paper in the printing of the Congressional Record H.R. 595 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of William Lehman (D-FL) Jan. 14, 1975 recycled paper in the printing of the Congressional Record H.R. 594 A bill to authorize and direct the Administrator of the General Services William Lehman (D-FL) Jan. 14, 1975 Administration to prescribe regulations with respect to the amount of recycled material contained in paper procured or used by the Federal Government or the District of Columbia H.R. 835 A bill to amend Chapter 9 of Title 44, United States Code, to require the use of Peter Peyser (R-NY) Jan. 14, 1975 recycled paper in the printing of the Congressional Record H.Con.Res. 397 Concurrent resolution expressing the sense of the Congress that the Federal Jack Edwards (R-AL) Sept. 17, 1975 Government should use recycled paper products to the fullest extent possible CRS-37 Congress Measure Title Sponsor Introduced 101st (1989-1991) H.Res. 130 Requiring that disposable trays, dishes, and beverage containers used in the food Claudine Schneider (R-RI) Apr. 17, 1989 service operations of the House of Representatives be biodegradable H.Con.Res. 304 Congressional Recycled Paper Act Barbara Boxer (D-CA) Apr. 18, 1990 H.R. 4523 Congressional Recycling Act of 1990 Glenn Anderson (D-CA) Apr. 18, 1990 H.Res. 385 Providing for a mandatory recycling program for the House of Representatives Bill Grant (R-FL) Apr. 26, 1990 H.Res. 104 Requiring the Architect of the Capitol to establish and implement a voluntary William Green (R-NY) Mar. 7, 1989 program for recycling paper disposed of in the operation of the House of Representatives H.Con.Res. 188 Requiring the Architect of the Capitol to conduct a voluntary pilot program for James Hayes (D-LA) Aug. 4, 1989 recycling of expendable materials disposed of within the Capitol grounds H.R. 3463 To require the Federal Government to recycle bottles, cans, paper, and plastics Douglas Owens (D-UT) Oct. 11, 1989 and to provide a price preference for the purchase by the Federal Government of goods made of recycled material 102nd (1991-1993) H.R. 242 Congressional Recycling Act of 1991 Glenn Anderson (D-CA) Jan. 3, 1991 H.Res. 96 To provide a comprehensive recycling program for the House of Representatives Glenn Anderson (D-CA) Feb. 28, 1991 H.R. 1201 Recycled Paper Procurement Act of 1991 John Porter (R-IL) Feb. 28, 1991 H.Res. 128 Applauding the Architect of the Capitol and the Committee on House Dennis Hastert (R-IL) Apr. 17, 1991 Administration for developing an effective recycling program in the House office buildings, and supporting ongoing efforts to expand and update source separation and recycling in the House office buildings during the 102nd Congress CRS-38 Congress Measure Title Sponsor Introduced H.Res. 245 Requiring the Clerk of the House to take such action as may be necessary to Rick Santorum (R-PA) Oct. 10, 1991 ensure that stationery used in the House of Representatives is made from recycled paper H.R. 3939 Reduce, Reuse, and Recycle for America Act Gerry Sikorski (D-MN) Nov. 26, 1991 104th (1995-1997) H.Res. 513 Providing for the mandatory implementation of the Office Waste Recycling Sam Farr (D-CA) Aug. 2, 1996 Program in the House of Representatives 105th (1997-1999) H.Res. 119 Providing for the mandatory implementation of the Office Waste Recycling Sam Far (D-CA) Apr. 16, 1997 Program in the House of Representatives 109th (2005-2007) H.Con.Res. 299 Expressing the sense of Congress that the leaders of Congress and other Mike Thompson (D-CA) Nov. 15, 2005 legislative branch offices should work together to establish and implement a coordinated effort for the reuse, recycling, and appropriate disposal of obsolete computers and other electronic equipment used by offices of the legislative branch Source: Library of Congress, (LIS) Legislative Information System of the U.S. Congress, [http://www.congress.gov]. CRS-39 Appendix B. Bills and Resolutions Introduced for Senate Recycling Since the 101st Congress (1989-1991), seven bills and resolutions have been introduced to create or refine the recycling program in the Senate. While only one of these proposals was agreed to (S.Res. 99 in the 101st Congress), each attempted to create a modern recycling program in the Senate. Congress Measure Title Sponsor Introduced 101st (1989-1991) S.Res. 99 A resolution requiring the Architect of the Capitol to establish Rudy Boschwitz (R-MN) Apr. 11, 1989 and implement a voluntary program for recycling paper disposed of in the operation of the Senate S. 2513 Congressional Recycling Act of 1990 Rudy Boschwitz (R-MN) Apr. 25, 1990 S. 2522 Congressional Recycling Act of 1990 Jeff Bingaman (D-NM) Apr. 25, 1990 S. 2643 Federal Paper Separation, Recycling, and Waste Source Richard Bryan (D-NV) May 16, 1990 Reduction Act of 1990 S.Res. 337 A resolution to express the sense of the Senate to encourage the Rudy Boschwitz (R-MN) Oct. 10, 1990 purchase of recycled paper and paper products to the greatest extent practicable 102nd (1991-1993) S. 255 Congressional Recycling Act of 1991 Jeff Bingaman (D-NM) Jan. 23, 1991 S. 976 Resource Conservation and Recovery Act Amendments of 1992 Max Baucus (D-MT) Apr. 25, 1994 105th (1997-1999) S. 2368 Senate Day Care Center Recycling Funding Support Act Daniel Akaka (D-HI) July 29, 1998 Source: Library of Congress, (LIS) Legislative Information System of the U.S. Congress, [http://www.congress.gov]. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34617