1177 
HR 4447 RFS
lease of gas into the atmosphere in the course of oil 
and gas operations.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of such Act is amended by inserting after the 
item relating to section 117 the following: 
‘‘Sec. 118. Gas waste reduction and enhancement of gas measuring and report-
ing.’’. 
(c) UPDATES.—The Secretary of the Interior shall 
update the regulations required by the amendments made 
by this section when the Secretary determines appropriate, 
but no less frequently than once every ten years, to reflect 
new information regarding gas waste, the impacts of that 
waste, and the availability of technologies and perform-
ance measures to reduce gas waste. 
(d) APPLICATION OF PRIOR RULE.—The final rule 
entitled ‘‘Waste Prevention, Production Subject to Royal-
ties, and Resource Conservation’’, as published in the Fed-
eral Register November 18, 2016 (81 Fed. Reg. 83008), 
is hereby reinstated, and each of its provisions shall apply 
unless and until the effective date of a subsequent final 
rule promulgated under the amendment made by sub-
section (a), or promulgated under another applicable au-
thority, that replaces or repeals such provision. 
(e) ASSESSMENT OF VENTING, FLARING, AND FUGI-
TIVE RELEASES.—Not later than 180 days after the end 
of the 1-year period beginning on the date the Secretary 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01177
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1178 
HR 4447 RFS
of the Interior first receives data submitted under the re-
quirements established under subsection (b) of section 118 
of the Federal Oil and Gas Royalty Management Act of 
1982, as amended by this section, the Secretary shall— 
(1) submit a report to Congress describing— 
(A) the volume of fugitive releases, and gas 
consumed or lost by venting and flaring, from 
covered operations (as those terms are used in 
such section); and 
(B) additional regulations the Secretary 
considers would help further curtail venting, 
flaring, and fugitive releases, or the rational 
basis for not issuing such additional regulations 
if the Secretary considers additional regulations 
would not be appropriate to further curtail 
venting, flaring, and fugitive releases; and 
(2) issue regulations described in the report re-
quired by paragraph (1)(B) not later than 1 year 
after the date of the submission of the report. 
Subtitle G—Open Back Better 
SEC. 12701. FACILITIES ENERGY RESILIENCY. 
(a) DEFINITIONS.—In this section: 
(1) COVERED
PROJECT.—The term ‘‘covered 
project’’ means a building project at an eligible facil-
ity that— 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01178
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1179 
HR 4447 RFS
(A) increases— 
(i) resiliency, including— 
(I) public health and safety; 
(II) power outages; 
(III) natural disasters; 
(IV) indoor air quality; and 
(V) 
any 
modifications 
neces-
sitated by the COVID–19 pandemic; 
(ii) energy efficiency; 
(iii) renewable energy; and 
(iv) grid integration; and 
(B) may have combined heat and power 
and energy storage as project components. 
(2) 
EARLY
CHILDHOOD
EDUCATION
PRO-
GRAM.—The term ‘‘early childhood education pro-
gram’’ has the meaning given the term in section 
103 of the Higher Education Act of 1965 (20 
U.S.C. 1003). 
(3) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given the term in sec-
tion 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(4) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
cility’’ means a public facility, as determined by the 
Secretary, including— 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01179
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1180 
HR 4447 RFS
(A) a public school, including an elemen-
tary school and a secondary school; 
(B) a facility used to operate an early 
childhood education program; 
(C) a local educational agency; 
(D) a medical facility; 
(E) a local or State government building; 
(F) a community facility; 
(G) a public safety facility; 
(H) a day care center; 
(I) an institution of higher education; 
(J) a public library; and 
(K) a wastewater treatment facility. 
(5) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low income communities, or Tribal 
and indigenous communities, that experiences, or is 
at risk of experiencing, higher or more adverse 
human health or environmental effects. 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01180
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1181 
HR 4447 RFS
(7) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(8) LOW
INCOME.—The term ‘‘low income’’, 
with respect to a household, means an annual house-
hold income equal to, or less than, the greater of— 
(A) 80 percent of the median income of the 
area in which the household is located, as re-
ported by the Department of Housing and 
Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(9) LOW INCOME COMMUNITY.—The term ‘‘low 
income community’’ means a census block group in 
which not less than 30 percent of households are low 
income. 
(10) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given the term in 
section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01181
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1182 
HR 4447 RFS
(12) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Energy Policy 
and Conservation Act (42 U.S.C. 6202). 
(13) STATE
ENERGY
PROGRAM.—The term 
‘‘State Energy Program’’ means the State Energy 
Program established under part D of title III of the 
Energy Policy and Conservation Act (42 U.S.C. 
6321 et seq.). 
(14) TRIBAL ORGANIZATION.— 
(A) IN GENERAL.—The term ‘‘tribal orga-
nization’’ has the meaning given the term in 
section 3765 of title 38, United States Code. 
(B) 
TECHNICAL
AMENDMENT.—Section 
3765(4) of title 38, United States Code, is 
amended by striking ‘‘section 4(l) of the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(l))’’ and inserting ‘‘section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)’’. 
(b) STATE PROGRAMS.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary shall distribute grants to States under the 
State Energy Program, in accordance with the allo-
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01182
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1183 
HR 4447 RFS
cation formula established under that Program, to 
implement covered projects. 
(2) USE OF FUNDS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), grant funds under paragraph (1) 
may be used for technical assistance, project fa-
cilitation, and administration. 
(B) TECHNICAL
ASSISTANCE.—A State 
may use not more than 10 percent of grant 
funds received under paragraph (1) to provide 
technical assistance for the development, facili-
tation, management, oversight, and measure-
ment of results of covered projects implemented 
using those funds. 
(C) ENVIRONMENTAL JUSTICE AND OTHER 
COMMUNITIES.—To support communities ad-
versely impacted by the COVID–19 pandemic, a 
State shall use not less than 40 percent of 
grant funds received under paragraph (1) to 
implement covered projects in environmental 
justice communities or low income communities. 
(D) PRIVATE FINANCING.—A State receiv-
ing a grant under paragraph (1) shall— 
(i) to the extent practicable, leverage 
private financing for cost-effective energy 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01183
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1184 
HR 4447 RFS
efficiency, renewable energy, resiliency, and 
other smart-building improvements, such 
as by entering into an energy service per-
formance contract; but 
(ii) maintain the use of grant funds to 
carry out covered projects with more 
project resiliency, public health, and cap-
ital-intensive efficiency and emission reduc-
tion components than are typically avail-
able through private energy service per-
formance contracts. 
(E) GUIDANCE.—In carrying out a covered 
project using grant funds received under para-
graph (1), a State shall, to the extent prac-
ticable, adhere to guidance developed by the 
Secretary pursuant to the American Recovery 
and Reinvestment Act of 2009 (Public Law 
111–5; 123 Stat. 115) relating to distribution 
of funds, if that guidance will speed the dis-
tribution of funds under this subsection. 
(3) NO
MATCHING
REQUIREMENT.—Notwith-
standing any other provision of law, a State receiv-
ing a grant under paragraph (1) shall not be re-
quired to provide any amount of matching funding. 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01184
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1185 
HR 4447 RFS
(4) REPORT.—Not later than 1 year after the 
date on which grants are distributed under para-
graph (1), and each year thereafter until the funds 
appropriated under paragraph (5) are no longer 
available, the Secretary shall submit a report on the 
use of those funds (including in the communities de-
scribed in paragraph (2)(C)) to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; 
(D) the Committee on Energy and Com-
merce of the House of Representatives; and 
(E) the Committee on Education and 
Labor of the House of Representatives. 
(5) FUNDING.—In addition to any amounts 
made available to the Secretary to carry out the 
State Energy Program, there is authorized to be ap-
propriated to the Secretary $18,000,000,000 to 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01185
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1186 
HR 4447 RFS
carry out this subsection, to remain available until 
September 30, 2025. 
(6) SUPPLEMENT, 
NOT
SUPPLANT.—Funds 
made available under paragraph (5) shall supple-
ment, not supplant, any other funds made available 
to States for the State Energy Program or the 
weatherization assistance program established under 
part A of title IV of the Energy Conservation and 
Production Act (42 U.S.C. 6861 et seq.). 
(c) FEDERAL ENERGY MANAGEMENT PROGRAM.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary 
shall use the funds appropriated under paragraph 
(4) to provide grants under the AFFECT program 
under the Federal Energy Management Program of 
the Department of Energy to implement covered 
projects. 
(2) PRIVATE
FINANCING.—A recipient of a 
grant under paragraph (1) shall— 
(A) to the extent practicable, leverage pri-
vate financing for cost-effective energy effi-
ciency, renewable energy, resiliency, and other 
smart-building improvements, such as by enter-
ing into an energy service performance contract; 
but 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01186
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1187 
HR 4447 RFS
(B) maintain the use of grant funds to 
carry out covered projects with more project re-
siliency, public health, and capital-intensive effi-
ciency and emission reduction components than 
are typically available through private energy 
service performance contracts. 
(3) REPORT.—Not later than 1 year after the 
date on which grants are distributed under para-
graph (1), and each year thereafter until the funds 
appropriated under paragraph (4) are no longer 
available, the Secretary shall submit a report on the 
use of those funds to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; 
(D) the Committee on Energy and Com-
merce of the House of Representatives; and 
(E) the Committee on Education and 
Labor of the House of Representatives. 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01187
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1188 
HR 4447 RFS
(4) FUNDING.—In addition to any amounts 
made available to the Secretary to carry out the AF-
FECT program described in paragraph (1), there is 
authorized to be appropriated to the Secretary 
$500,000,000 to carry out this subsection, to remain 
available until September 30, 2025. 
(d) TRIBAL ORGANIZATIONS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary, act-
ing through the head of the Office of Indian Energy, 
shall distribute funds made available under para-
graph (3) to tribal organizations to implement cov-
ered projects. 
(2) REPORT.—Not later than 1 year after the 
date on which funds are distributed under para-
graph (1), and each year thereafter until the funds 
made available under paragraph (3) are no longer 
available, the Secretary shall submit a report on the 
use of those funds to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01188
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1189 
HR 4447 RFS
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; 
(D) the Committee on Energy and Com-
merce of the House of Representatives; and 
(E) the Committee on Education and 
Labor of the House of Representatives. 
(3) FUNDING.—There is authorized to be ap-
propriated to the Secretary $1,500,000,000 to carry 
out this subsection, to remain available until Sep-
tember 30, 2025. 
(e) USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds made available by or 
pursuant to this section may be used for a covered 
project unless all of the iron, steel, and manufac-
tured goods used in the project are produced in the 
United States. 
(2) 
EXCEPTIONS.—The 
requirement 
under 
paragraph (1) shall be waived by the head of the rel-
evant Federal department or agency in any case or 
category of cases in which the head of the relevant 
Federal department or agency determines that— 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01189
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1190 
HR 4447 RFS
(A) adhering to that requirement would be 
inconsistent with the public interest; 
(B) the iron, steel, and manufactured 
goods needed for the project are not produced 
in the United States— 
(i) in sufficient and reasonably avail-
able quantities; and 
(ii) in a satisfactory quality; or 
(C) the inclusion of iron, steel, and rel-
evant manufactured goods produced in the 
United States would increase the overall cost of 
the project by more than 25 percent. 
(3) WAIVER PUBLICATION.—If the head of a 
Federal department or agency makes a determina-
tion under paragraph (2) to waive the requirement 
under paragraph (1), the head of the Federal de-
partment or agency shall publish in the Federal 
Register a detailed justification for the waiver. 
(4) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under all appli-
cable international agreements. 
(f) WAGE RATE REQUIREMENTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, all laborers and mechanics em-
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01190
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1191 
HR 4447 RFS
ployed by contractors and subcontractors on projects 
funded directly or assisted in whole or in part by the 
Federal Government pursuant to this section shall 
be paid wages at rates not less than those prevailing 
on projects of a similar character in the locality, as 
determined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, United 
States Code (commonly known as the ‘‘Davis-Bacon 
Act’’). 
(2) AUTHORITY.—With respect to the labor 
standards specified in paragraph (1), the Secretary 
of Labor shall have the authority and functions set 
forth in Reorganization Plan Numbered 14 of 1950 
(64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 
title 40, United States Code. 
SEC. 12702. PERSONNEL. 
(a) IN GENERAL.—To carry out section 12701, the 
Secretary of Energy shall hire within the Department of 
Energy— 
(1) not less than 300 full-time employees in the 
Office of Energy Efficiency and Renewable Energy; 
(2) not less than 100 full-time employees, to be 
distributed among— 
(A) the Office of General Counsel; 
(B) the Office of Procurement Policy; 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01191
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1192 
HR 4447 RFS
(C) the Golden Field Office; 
(D) the National Energy Technology Lab-
oratory; and 
(E) the Office of the Inspector General; 
and 
(3) not less than 20 full-time employees in the 
Office of Indian Energy. 
(b) TIMELINE.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall— 
(1) hire all personnel under subsection (a); or 
(2) certify that the Secretary is unable to hire 
all personnel by the date required under this sub-
section. 
(c) CONTRACT HIRES.— 
(1) IN GENERAL.—If the Secretary makes a 
certification under subsection (b)(2), the Secretary 
may hire on a contract basis not more than 50 per-
cent of the personnel required to be hired under sub-
section (a). 
(2) DURATION.—An individual hired on a con-
tract basis under paragraph (1) shall have an em-
ployment term of not more than 1 year. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01192
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1193 
HR 4447 RFS
out this section $84,000,000 for each of fiscal years 2021 
through 2031. 
(e) REPORT.—Not later than 60 days after the date 
of enactment of this Act, and annually thereafter for 2 
years, the Secretary shall submit a report on progress 
made in carrying out subsection (a) to— 
(1) the Subcommittee on Energy and Water 
Development of the Committee on Appropriations of 
the Senate; 
(2) the Subcommittee on Energy and Water 
Development and Related Agencies of the Committee 
on Appropriations of the House of Representatives; 
(3) the Committee on Energy and Natural Re-
sources of the Senate; 
(4) the Committee on Energy and Commerce of 
the House of Representatives; and 
(5) the Committee on Education and Labor of 
the House of Representatives. 
Subtitle H—Zeroing Excess, Reduc-
ing Organic Waste, and Sus-
taining Technical Expertise 
SEC. 12801. GRANT PROGRAM. 
(a) IN GENERAL.—The Administrator shall establish 
and carry out a program to award grants, on a competitive 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01193
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1194 
HR 4447 RFS
basis, to eligible entities for projects that are consistent 
with zero-waste practices. 
(b) GRANT USE.— 
(1) ORGANICS RECYCLING INFRASTRUCTURE.— 
An eligible entity receiving a grant under this sub-
title may use grant funds to carry out a project re-
lating to organics recycling infrastructure, including 
facilities, machinery, equipment, and other physical 
necessities required for organics collection or proc-
essing on a city-wide or county-wide scale, provided 
that— 
(A) implementation of such project— 
(i) results in increased capacity for 
residential and commercial source sepa-
rated organics streams; and 
(ii) generates a usable product that 
has demonstrable environmental benefits 
when compared to the input materials, 
such as compost with added nutritional 
content; and 
(B) such project does not include mixed- 
waste composting. 
(2) ELECTRONIC
WASTE
REUSE
AND
RECY-
CLING.—An eligible entity receiving a grant under 
this subtitle may use grant funds to carry out a 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01194
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1195 
HR 4447 RFS
project relating to electronic waste reuse or recy-
cling, including infrastructure and technology, re-
search and development, and product refurbishment, 
provided that such project— 
(A) does not include an electronic waste 
‘‘buy-back’’ program that provides compensa-
tion for used electronics where such compensa-
tion is applied as a credit toward the purchase 
of additional electronics; and 
(B) is carried out by an organization cer-
tified in sustainable electronic waste standards 
by an organization accredited by the National 
Accreditation Board of the American National 
Standards Institute & The American Society of 
Quality, or another accrediting body as deter-
mined appropriate by the Administrator. 
(3) SOURCE REDUCTION.—An eligible entity re-
ceiving a grant under this subtitle may use grant 
funds to carry out a project relating to source reduc-
tion, and such project may include— 
(A) educational programming and outreach 
activities to encourage behavioral changes in 
consumers that result in source reduction; and 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01195
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1196 
HR 4447 RFS
(B) product or manufacturing redesign or 
redevelopment to reduce byproducts, packaging, 
and other outputs if— 
(i) the applicable manufacturer— 
(I) is domestically-owned and op-
erated; and 
(II) pays a living wage; and 
(ii) the redevelopment or redesign 
does not result in higher toxicity of the 
product or byproducts, more complicated 
recyclability of the product or byproducts, 
or increased volume of byproducts com-
pared with the original practice. 
(4) MARKET DEVELOPMENT.—An eligible entity 
receiving a grant under this subtitle may use grant 
funds to carry out a project relating to market de-
velopment with respect to source reduction and 
waste prevention, including by creating demand for 
sorted recyclable commodities and refurbished goods 
and promoting domestically-owned and operated 
manufacturing for projects relating to source reduc-
tion or waste prevention, provided that such 
project— 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01196
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1197 
HR 4447 RFS
(A) targets easily or commonly recycled 
materials which are disproportionately disposed 
of in landfills or incinerated; 
(B) addresses the reduction of the volume, 
weight, or toxicity of waste and waste byprod-
ucts; and 
(C) does not conflict with— 
(i) minimum-content laws, such as 
post-consumer recycled content require-
ments; 
(ii) beverage container deposits; 
(iii) programs funded through retail 
fees for specific products or classes of 
products that use such fees to collect, 
treat, or recycle such products; or 
(iv) any applicable recycled product 
procurement laws and expanded sustain-
able government purchasing requirements, 
as identified by the Administrator. 
SEC. 12802. GRANT AWARDS. 
(a) APPLICATION.— 
(1) CRITERIA FOR ALL APPLICANTS.—To be eli-
gible to receive a grant under this subtitle, an eligi-
ble entity shall submit to the Administrator an ap-
plication at such time and in such form as the Ad-
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01197
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1198 
HR 4447 RFS
ministrator requires, demonstrating that the eligible 
entity— 
(A) has set specific source reduction or 
waste prevention targets; 
(B) will carry out such project in commu-
nities that are in the 80th percentile or higher 
for one or more pollutants as noted in the 
EJSCREEN tool, or any successor system, of 
the Environmental Protection Agency; and 
(C) will carry out a project that meets the 
applicable project requirements under section 
12701(b). 
(2) ADDITIONAL
APPLICATION
CRITERIA
FOR 
NONPROFIT ORGANIZATION.—In the case of an ap-
plication from an eligible entity that is a nonprofit 
organization, the application shall include a letter of 
support for the proposed project— 
(A) from— 
(i) a local unit of government; or— 
(ii) a nonprofit organization that— 
(I) has a demonstrated history of 
undertaking work in the geographic 
region where the proposed project is 
to take place; and 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01198
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1199 
HR 4447 RFS
(II) is not involved in the project 
being proposed; and 
(B) containing such information as the Ad-
ministrator may require. 
(b) PRIORITY FACTORS.— 
(1) IN GENERAL.—In awarding grants under 
this subtitle, the Administrator shall give priority to 
eligible entities that— 
(A) have statutorily committed to imple-
menting zero-waste practices; 
(B) demonstrate how the project to be car-
ried out with grant funds could lead to the cre-
ation of new jobs that pay a living wage, with 
preference for projects that create jobs for indi-
viduals with barriers to employment, as deter-
mined by the Administrator; 
(C) will use grant funds for source reduc-
tion or waste prevention in schools; 
(D) will use grant funds to employ adapt-
ive management practices to identify, prevent, 
or address any negative environmental con-
sequences of the proposed project; 
(E) have a demonstrated need for addi-
tional investment in infrastructure and projects 
to achieve source reduction and waste preven-
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01199
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1200 
HR 4447 RFS
tion targets set by the local unit of government 
that is responsible for waste and recycling 
projects in the geographic area; 
(F) will use grant funds to develop innova-
tive or new technologies and strategies for 
source reduction and waste prevention; 
(G) demonstrate how receiving the grant 
will encourage further investment in source re-
duction and waste prevention projects; or 
(H) will incorporate multi-stakeholder in-
volvement, including nonprofit, commercial, and 
public sector partners, in carrying out a project 
using grant funds. 
(2) ZERO-WASTE HIERARCHY.—In determining 
priority between multiple eligible entities who qualify 
for priority under paragraph (1), the Administrator 
shall grant first priority to an eligible entity that can 
demonstrate how the zero-waste hierarchy was con-
sidered with respect to the project to be carried out 
with grant funds. 
SEC. 12803. REPORTING. 
An eligible entity receiving a grant under this subtitle 
shall report to the Administrator, at such time and in such 
form as the Administrator may require, on the results of 
the project carried out with grant funds and any relevant 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01200
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1201 
HR 4447 RFS
data requested by the Administrator to track the effective-
ness of the program established under section 12701(a). 
SEC. 12804. ANNUAL CONFERENCE. 
In each of calendar years 2022 through 2027, the 
Administrator shall convene an annual conference for eli-
gible entities, including eligible entities that have received 
a grant under this subtitle, and other stakeholders as iden-
tified by the Administrator, to provide an opportunity for 
such eligible entities and stakeholders to share experience 
and expertise in implementing zero-waste practices. 
SEC. 12805. DEFINITIONS. 
In this subtitle: 
(1) ADAPTIVE MANAGEMENT PRACTICES.—The 
term ‘‘adaptive management practices’’ means, with 
respect to a project, the integration of project de-
sign, management, and monitoring to identify 
project impacts and outcomes as they arise and ad-
just behaviors to improve outcomes. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(3) DOMESTICALLY-OWNED AND OPERATED.— 
The term ‘‘domestically-owned and operated’’ means, 
with respect to a business, a business with— 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01201
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1202 
HR 4447 RFS
(A) headquarters located within the United 
States; and 
(B) primary operations carried out in the 
United States. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a single unit of State, local, or Tribal 
government; 
(B) a consortium of multiple units of 
State, local, or Tribal government; 
(C) one or more units of State, local, or 
Tribal government in coordination with for- 
profit or nonprofit organizations; or 
(D) one or more incorporated nonprofit or-
ganizations. 
(5) EMBODIED ENERGY.—The term ‘‘embodied 
energy’’ means energy that was used to create a 
product or material. 
(6) LIVING
WAGE.—The term ‘‘living wage’’ 
means the minimum income necessary to allow a 
person working 40 hours per week to afford the cost 
of housing, food, and other material necessities. 
(7) 
ORGANICS
RECYCLING.—The 
term 
‘‘organics recycling’’ means the biological processes 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01202
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1203 
HR 4447 RFS
by which organics streams are converted to compost 
which is not harmful to humans, plants, or animals. 
(8) RECYCLING.—The term ‘‘recycling’’— 
(A) means the mechanical processing of 
material that has reached the end of its current 
use into material to be used in the production 
of new products; 
(B) does not include incineration or any 
other energy recovery process; and 
(C) does not include depolymerization or a 
similar process. 
(9) REUSE.—The term ‘‘reuse’’— 
(A) means— 
(i) using a product, packaging, or re-
source more than once for the same or a 
new function with little to no processing; 
or 
(ii) repairing a product so it can be 
used longer, sharing or renting it, or sell-
ing or donating it to another party; and 
(B) does not include incineration. 
(10) SOURCE REDUCTION.—The term ‘‘source 
reduction’’— 
(A) includes— 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01203
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1204 
HR 4447 RFS
(i) activities that reduce consumption 
of products or services that create physical 
outputs, such as packaging, that is sec-
ondary to the intended use of the item 
being consumed; 
(ii) measures or techniques that re-
duce the amount of waste generated during 
production processes; and 
(iii) the reduction or elimination of 
the use of materials which are not able to 
be recycled without degrading the quality 
of the material; and 
(B) does not include incineration. 
(11) SOURCE SEPARATED.—The term ‘‘source 
separated’’— 
(A) means the separation of a stream of 
recyclable materials at the point of waste cre-
ation before the materials are collected and cen-
tralized; and 
(B) does not include technologies that sort 
mixed municipal solid waste into recyclable and 
non-recyclable materials. 
(12) WASTE PREVENTION.—The term ‘‘waste 
prevention’’ includes reuse, recycling, and other 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01204
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS
1205 
HR 4447 RFS
methods to reduce the amount of materials disposed 
of in landfills or incinerated. 
(13) ZERO-WASTE.—The term ‘‘zero-waste’’ 
means the conservation of all resources by means of 
responsible production, consumption, reuse, and re-
covery of products, packaging, and materials without 
burning or otherwise destroying embodied energy, 
with no discharges to land, water, or air that threat-
en the environment or human health. 
(14) ZERO-WASTE PRACTICE.—The term ‘‘zero- 
waste practice’’ means a practice used to help 
achieve zero-waste, including source reduction and 
waste prevention. 
SEC. 12806. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Admin-
istrator to carry out this subtitle $250,000,000 for the pe-
riod of fiscal years 2021 through 2028. 
Subtitle I—Radon Abatement 
Reauthorization 
SEC. 12901. TECHNICAL ASSISTANCE TO STATES FOR 
RADON PROGRAMS REAUTHORIZED. 
Section 305(e) of the Toxic Substances Control Act 
(15 U.S.C. 2665(e)) is amended by striking ‘‘1989, 1990, 
and 1991’’ and inserting ‘‘2021, 2022, and 2023’’. 
VerDate Sep 11 2014 
00:19 Oct 20, 2020
Jkt 019200
PO 00000
Frm 01205
Fmt 6652
Sfmt 6201
E:\BILLS\H4447.RFS
H4447
rfrederick on DSKBCBPHB2PROD with BILLS