[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4109 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4109
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to improve recycling and composting
programs in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2025
Mr. Neguse (for himself, Mr. Burchett, and Mr. Foster) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to improve recycling and composting
programs in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling and Composting
Accountability Act''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Compost.--The term ``compost'' means a product that--
(A) is manufactured through the controlled aerobic,
biological decomposition of biodegradable materials;
(B) has been subjected to medium and high
temperature organisms, which--
(i) significantly reduce the viability of
pathogens and weed seeds; and
(ii) stabilize carbon in the product such
that the product is beneficial to plant growth;
and
(C) is typically used as a soil amendment, but may
also contribute plant nutrients.
(3) Compostable material.--The term ``compostable
material'' means material that is a feedstock for creating
compost, including--
(A) wood;
(B) agricultural crops;
(C) paper, such as cardboard and other paper
products;
(D) certified compostable products associated with
organic waste;
(E) other organic plant material;
(F) organic waste, including food waste and yard
waste; and
(G) such other material that is composed of biomass
that can be continually replenished or renewed, as
determined by the Administrator.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Recyclable material.--The term ``recyclable material''
means a material that is obsolete, previously used, off-
specification, surplus, or incidentally produced for processing
into a specification-grade commodity for which a reuse market
currently exists or is being developed.
(6) Recycling.--The term ``recycling'' means the series of
activities--
(A) during which recyclable materials are processed
into specification-grade commodities and consumed as
raw-material feedstock, in lieu of virgin materials, in
the manufacturing of new products;
(B) that may, with regard to recyclable materials
and prior to the activities described in subparagraph
(A), include sorting, collection, processing, and
brokering; and
(C) that result, subsequent to processing described
in subparagraph (A), in consumption by a materials
manufacturer, including for the manufacturing of new
products.
(7) State.--The term ``State'' has the meaning given the
term in section 1004 of the Solid Waste Disposal Act (42 U.S.C.
6903).
(b) Definition of Processing.--In paragraphs (5) and (6) of
subsection (a), the term ``processing'' means any mechanical, manual,
or other method that--
(1) transforms a recyclable material into a specification-
grade commodity; and
(2) may occur in multiple steps, with different phases,
including sorting, occurring at different locations.
SEC. 3. REPORTS ON COMPOSTING AND RECYCLING INFRASTRUCTURE
CAPABILITIES.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following:
``SEC. 4011. REPORTS ON COMPOSTING AND RECYCLING INFRASTRUCTURE
CAPABILITIES.
``(a) Definitions.--In this section:
``(1) Recycling and composting accountability act terms.--
The terms `compost', `compostable material', `recyclable
material', and `recycling' have the meanings given such terms
in section 2 of the Recycling and Composting Accountability
Act.
``(2) Composting facility.--The term `composting facility'
means a location, structure, or device that transforms
compostable materials into compost.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(4) Materials recovery facility.--
``(A) In general.--The term `materials recovery
facility' means a dedicated facility where primarily
residential recyclable materials, which are diverted
from disposal by the generator and collected separately
from municipal solid waste, are mechanically or
manually sorted into commodities for further processing
into specification-grade commodities for sale to end
users.
``(B) Exclusion.--The term `materials recovery
facility' does not include a solid waste management
facility that may process municipal solid waste to
remove recyclable materials.
``(C) Definition of processing.--For purposes of
this paragraph, the term `processing' has the meaning
given such term in section 2(b) of the Recycling and
Composting Accountability Act.
``(b) Report.--
``(1) In general.--The Administrator shall request
information and data from, collaborate with, or contract with,
as necessary and appropriate, States, units of local
government, and Indian Tribes, for the provision, preparation,
and publication of a report, or to expand work under the
National Recycling Strategy to include information and data, on
compostable materials and efforts to reduce contamination rates
for recycling, including--
``(A) an evaluation of existing Federal, State, and
local laws that may present barriers to implementation
of composting strategies;
``(B) a description and evaluation of composting
infrastructure and programs within States, units of
local government, and Indian Tribes;
``(C) an estimate of the costs and approximate land
needed to expand composting programs; and
``(D) a review of the practices of manufacturers
and companies that are moving to using compostable
packaging and food service ware for the purpose of
making the composting process the end-of-life use of
those products.
``(2) Submission.--Not later than 2 years after the date of
enactment of this section, the Administrator shall submit to
Congress the report prepared under paragraph (1).
``(c) Inventory of Materials Recovery Facilities.--Not later than 3
years after the date of enactment of this section, and every 4 years
thereafter, the Administrator, in consultation with relevant Federal
agencies and States, units of local government, and Indian Tribes,
shall--
``(1) prepare an inventory or estimate of materials
recovery facilities in the United States, including--
``(A) the number of materials recovery facilities
in each State; and
``(B) a general description of the materials that
each of those materials recovery facilities can
process, including--
``(i) in the case of plastic, a description
of--
``(I) the types of accepted resin,
if applicable; and
``(II) the packaging or product
format, such as a jug, a carton, or
film;
``(ii) food packaging and service ware,
such as a bottle, cutlery, or a cup;
``(iii) paper;
``(iv) aluminum, such as an aluminum
beverage can, food can, aerosol can, or foil;
``(v) steel, such as a steel food or
aerosol can;
``(vi) other scrap metal;
``(vii) glass; or
``(viii) any other material not described
in any of clauses (i) through (vii) that a
materials recovery facility processes; and
``(2) submit to Congress the inventory or estimate prepared
under paragraph (1).
``(d) Information on Recycling and Composting Systems.--The
Administrator shall, as necessary and appropriate, collaborate or
contract with States, units of local government, and Indian Tribes to
estimate, with respect to the United States--
``(1) the number and types of recycling and composting
programs;
``(2) the types and forms of materials accepted by
recycling or composting programs;
``(3) the number of individuals--
``(A) with access to recycling and composting
services to at least the extent of access to disposal
services; and
``(B) who use, on a percentage basis, the recycling
and composting services described in subparagraph (A);
``(4) the number of individuals with barriers to accessing
recycling and composting services similar to their access to
disposal services and the types of those barriers experienced;
``(5) the inbound contamination and capture rates of
recycling and composting programs;
``(6) if applicable, other available recycling or
composting programs; and
``(7) the average costs and benefits to States, units of
local government, and Indian Tribes of recycling and composting
programs.
``(e) Recycling Reporting Rates.--
``(1) Collection of data; development of rates.--The
Administrator may use amounts made available under section 6 of
the Recycling and Composting Accountability Act--
``(A) to biannually collect, in collaboration with
States, to the extent practicable, information supplied
on a voluntary basis to develop the estimated rates
described in subparagraphs (B) and (C);
``(B) to develop a standardized estimated rate of
recyclable materials in States that provide information
under subparagraph (A) that have been successfully
diverted from the waste stream and brought to a
materials recovery facility or composting facility; and
``(C) to develop an estimated national recycling
rate based on the information described in
subparagraphs (A) and (B).
``(2) Use.--Using amounts made available under section 6 of
the Recycling and Composting Accountability Act, the
Administrator may use the information collected and rates
developed under paragraph (1) to provide requesting States,
units of local government, and Indian Tribes data and technical
assistance--
``(A) to reduce the overall waste produced by the
States, units of local government, and Indian Tribes;
``(B) to assist the States, units of local
government, and Indian Tribes in understanding the
nuances of the information collected relating to
diversion activities; and
``(C) to increase recycling and composting rates of
the States, units of local government, and Indian
Tribes.
``(f) Report on End Markets.--The Administrator, in collaboration
or contract with, as necessary and appropriate, relevant Federal
agencies, States, units of local government, or Indian Tribes, shall--
``(1) provide an update to the report submitted under
section 306 of the Save Our Seas 2.0 Act (Public Law 116-224;
134 Stat. 1096) to include an addendum on the end-market sale
of all recyclable materials from materials recovery facilities
that process recyclable materials, including, to the extent
practicable--
``(A) the total, in dollars per ton, domestic sales
of bales of recyclable materials; and
``(B) the total, in dollars per ton, international
sales of bales of recyclable materials;
``(2) prepare a report on the end-market sale of compost
from, to the extent practicable, compostable materials,
including the total, in dollars per ton, of domestic sales of
compostable materials; and
``(3) not later than 3 years after the date of enactment of
this section, submit to Congress the update to the report
prepared under paragraph (1) and the report prepared under
paragraph (2).
``(g) Privileged or Confidential Information.--
``(1) In general.--Information collected under subsection
(e)(1) or paragraph (1) or (2) of subsection (f) shall not
include any privileged or confidential information described in
section 552(b)(4) of title 5, United States Code.
``(2) Nondisclosure.--Information collected to carry out
this section shall not be made public if the information meets
the requirements of section 552(b) of title 5, United States
Code.''.
(b) Clerical Amendment.--The table of contents in section 1001 of
the Solid Waste Disposal Act is amended by inserting after the item
relating to section 4010 the following:
``Sec. 4011. Report on composting and recycling infrastructure
capabilities.''.
SEC. 4. FEDERAL AGENCY ACTIVITIES RELATED TO RECYCLING.
Not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter until 2033, the Comptroller General of the
United States shall make publicly available a report--
(1) detailing or, to the extent practicable, providing an
estimate of--
(A) the total annual recycling and composting rates
reported by all Federal agencies; and
(B) the total annual percentage of products
containing recyclable material, compostable material,
or recovered materials purchased by all Federal
agencies, including--
(i) the total quantity of procured products
containing recyclable material or recovered
materials listed in the comprehensive
procurement guidelines published under section
6002(e) of the Solid Waste Disposal Act (42
U.S.C. 6962(e)); and
(ii) the total quantity of compostable
material purchased by all Federal agencies;
(2) identifying the activities of each Federal agency that
promote recycling or composting; and
(3) identifying activities that Federal agencies could
carry out to further promote recycling or composting.
SEC. 5. STUDY ON THE DIVERSION OF RECYCLABLE MATERIALS FROM A CIRCULAR
MARKET.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop a metric for determining
the proportion of recyclable materials in commercial and municipal
waste streams that are being diverted from a circular market.
(b) Study; Report.--Not later than 1 year after the development of
a metric under subsection (a), the Administrator shall conduct a study
of, and submit to Congress a report on, the proportion of recyclable
materials in commercial and municipal waste streams that, during each
of the 10 calendar years preceding the year of submission of the
report, were diverted from a circular market.
(c) Data.--The report under subsection (b) shall provide data on
specific recyclable materials, including aluminum, plastics, paper and
paperboard, textiles, and glass, that were prevented from remaining in
a circular market through disposal or elimination, and to what use
those specific recyclable materials were lost.
(d) Evaluation.--The report under subsection (b) shall include an
evaluation of whether the establishment or improvement of recycling
programs would--
(1) improve recycling rates;
(2) reduce the quantity of recyclable materials being
unutilized in a circular market; and
(3) affect prices paid by consumers for products using
materials recycled in the circular market.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator to
carry out this Act and the amendments made by this Act $4,000,000 for
each of fiscal years 2025 through 2029.
SEC. 7. ADMINISTRATION.
(a) Unfunded Mandates.--The Administrator or the Secretary of
Commerce may not exercise any authority under this Act or any amendment
made by this Act if exercising that authority would require a State, a
unit of local government, or an Indian Tribe to carry out a mandate for
which funding is not available.
(b) Nondisclosure.--Any information collected to carry out this Act
shall not be made public if the information meets the requirements of
section 552(b) of title 5, United States Code.
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