I 
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 Protec-
tion 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 Representa-
tives 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: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COMPOST.—The term ‘‘compost’’ means a 
product that— 
(A) is manufactured through the controlled 
aerobic, biological decomposition of biodegrad-
able 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; 
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(D) certified compostable products associ-
ated 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 Adminis-
trator. 
(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 ‘‘recy-
clable material’’ means a material that is obsolete, 
previously used, off-specification, surplus, or inciden-
tally 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 
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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 mean-
ing 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 spec-
ification-grade commodity; and 
(2) may occur in multiple steps, with different 
phases, including sorting, occurring at different loca-
tions. 
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SEC. 3. REPORTS ON COMPOSTING AND RECYCLING INFRA-
STRUCTURE CAPABILITIES. 
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 4011. REPORTS ON COMPOSTING AND RECYCLING IN-
FRASTRUCTURE CAPABILITIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) RECYCLING AND COMPOSTING ACCOUNT-
ABILITY
ACT
TERMS.—The 
terms 
‘compost’, 
‘compostable material’, ‘recyclable material’, and ‘re-
cycling’ have the meanings given such terms in sec-
tion 2 of the Recycling and Composting Account-
ability 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, 
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which are diverted from disposal by the gener-
ator and collected separately from municipal 
solid waste, are mechanically or manually sort-
ed 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 munic-
ipal solid waste to remove recyclable materials. 
‘‘(C) DEFINITION
OF
PROCESSING.—For 
purposes of this paragraph, the term ‘proc-
essing’ has the meaning given such term in sec-
tion 2(b) of the Recycling and Composting Ac-
countability Act. 
‘‘(b) REPORT.— 
‘‘(1) IN GENERAL.—The Administrator shall re-
quest 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 Recy-
cling Strategy to include information and data, on 
compostable materials and efforts to reduce contami-
nation rates for recycling, including— 
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‘‘(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 approxi-
mate land needed to expand composting pro-
grams; and 
‘‘(D) a review of the practices of manufac-
turers and companies that are moving to using 
compostable packaging and food service ware 
for the purpose of making the composting proc-
ess the end-of-life use of those products. 
‘‘(2) SUBMISSION.—Not later than 2 years 
after the date of enactment of this section, the Ad-
ministrator shall submit to Congress the report pre-
pared under paragraph (1). 
‘‘(c) INVENTORY OF MATERIALS RECOVERY FACILI-
TIES.—Not later than 3 years after the date of enactment 
of this section, and every 4 years thereafter, the Adminis-
trator, in consultation with relevant Federal agencies and 
States, units of local government, and Indian Tribes, 
shall— 
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‘‘(viii) any other material not de-
scribed in any of clauses (i) through (vii) 
that a materials recovery facility processes; 
and 
‘‘(2) submit to Congress the inventory or esti-
mate prepared under paragraph (1). 
‘‘(d) INFORMATION ON RECYCLING AND COMPOSTING 
SYSTEMS.—The Administrator shall, as necessary and ap-
propriate, collaborate or contract with States, units of 
local government, and Indian Tribes to estimate, with re-
spect 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 ac-
cess 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 
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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 recy-
cling 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, informa-
tion 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 pro-
vide information under subparagraph (A) that 
have been successfully diverted from the waste 
stream and brought to a materials recovery fa-
cility or composting facility; and 
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‘‘(C) to develop an estimated national recy-
cling 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 tech-
nical 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 under-
standing the nuances of the information col-
lected 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 Adminis-
trator, in collaboration or contract with, as necessary and 
appropriate, relevant Federal agencies, States, units of 
local government, or Indian Tribes, shall— 
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‘‘(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, inter-
national 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 en-
actment of this section, submit to Congress the up-
date to the report prepared under paragraph (1) and 
the report prepared under paragraph (2). 
‘‘(g) PRIVILEGED
OR
CONFIDENTIAL
INFORMA-
TION.— 
‘‘(1) IN GENERAL.—Information collected under 
subsection (e)(1) or paragraph (1) or (2) of sub-
section (f) shall not include any privileged or con-
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fidential 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 amend-
ed 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 RECY-
CLING. 
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 pub-
licly available a report— 
(1) detailing or, to the extent practicable, pro-
viding an estimate of— 
(A) 
the 
total 
annual 
recycling 
and 
composting rates reported by all Federal agen-
cies; and 
(B) the total annual percentage of prod-
ucts containing recyclable material, compostable 
material, or recovered materials purchased by 
all Federal agencies, including— 
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(i) the total quantity of procured 
products containing recyclable material or 
recovered materials listed in the com-
prehensive procurement guidelines pub-
lished 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 MATE-
RIALS FROM A CIRCULAR MARKET. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall de-
velop 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 Admin-
istrator shall conduct a study of, and submit to Congress 
a report on, the proportion of recyclable materials in com-
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mercial 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 Admin-
istrator 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 
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under this Act or any amendment made by this Act if ex-
ercising that authority would require a State, a unit of 
local government, or an Indian Tribe to carry out a man-
date for which funding is not available. 
(b) NONDISCLOSURE.—Any information collected to 
carry out this Act shall not be made public if the informa-
tion meets the requirements of section 552(b) of title 5, 
United States Code. 
Æ 
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