[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 425 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 425

    To establish a grant and fee program through the Environmental 
   Protection Agency to encourage and promote the recycling of used 
 computers and to promote the development of a national infrastructure 
      for the recycling of used computers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2005

 Mr. Thompson of California (for himself, Ms. DeLauro, Mr. Filner, Mr. 
Hinchey, Mr. McDermott, Ms. Millender-McDonald, Ms. Lee, Mr. Lynch, Mr. 
Honda, Ms. Slaughter, Ms. McCollum of Minnesota, Mr. Engel, Ms. Carson, 
 and Mr. Inslee) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To establish a grant and fee program through the Environmental 
   Protection Agency to encourage and promote the recycling of used 
 computers and to promote the development of a national infrastructure 
      for the recycling of used computers, 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 ``National Computer Recycling Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency;
            (2) the term ``cathode ray tube'' means a vacuum tube or 
        picture tube used to convert an electronic signal into a visual 
        image;
            (3) the term ``central processing unit'' includes a case 
        and all of its contents, such as the primary printed circuit 
        board and its components, additional printed circuit boards, 
        one or more disc drives, a transformer, interior wire, and a 
        power cord;
            (4) the term ``computer'' means an electronic, magnetic, 
        optical, electrochemical, or other high speed data processing 
        device performing logical, arithmetic, or storage functions, 
        and may include both a central processing unit and a monitor, 
        but such term does not include an automated typewriter or 
        typesetter, a portable hand held calculator, or other similar 
        device;
            (5) the term ``hazardous waste'' has the meaning given that 
        term in section 1004(5) of the Solid Waste Disposal Act (42 
        U.S.C. 6903);
            (6) the term ``monitor'' means a separate visual display 
        component of a computer, whether sold separately or together 
        with a central processing unit, and includes a cathode ray tube 
        or liquid crystal display, its case, interior wires and 
        circuitry, cable to the central processing unit, and power 
        cord; and
            (7) the term ``nonprofit organization'' means an 
        organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from tax under section 501(a) 
        of such Code.

SEC. 3. FEE.

    (a) Requirement.--Effective 180 days after the transmittal to the 
Congress of the results of the study conducted under section 6(a), the 
Administrator shall require that a fee be assessed on the sale 
(including a sale through the Internet or a catalogue) to an end-user 
of any computer, monitor, or other electronic device designated by the 
Administrator under subsection (c). The Administrator shall establish 
procedures for the collection of such fee. The requirement under this 
subsection shall not apply to a sale by an end-user to a subsequent 
end-user.
    (b) Fee Amount.--The amount of the fee required under subsection 
(a) shall--
            (1) be an amount sufficient to cover the costs of carrying 
        out section 4(a) and subsection (c) of this section;
            (2) be uniform--
                    (A) for each computer with a central processing 
                unit and monitor integrated in a single device;
                    (B) for each central processing unit;
                    (C) for each monitor; and
                    (D) for each class of other devices designated by 
                the Administrator under subsection (c);
            (3) not exceed $10 per computer, monitor, or other 
        designated device; and
            (4) be clearly indicated on the label, external packing 
        materials, or sales receipt of the computer, monitor, or 
        device.
    (c) Administrative Costs.--Persons required by the Administrator to 
collect a fee under this section may retain 3 percent of amounts so 
collected to pay the costs of administering the fee collection program.
    (d) Exempted Sales.--The requirement of a fee under this section 
shall not apply to a sale of a used computer, monitor, or device by a 
nonprofit organization.
    (e) Additional Exemption.--The Administrator may exempt from the 
requirement of a fee under this section any sale made under a contract 
or an arrangement that the Administrator determines is likely to result 
in the maximum reuse of significant components of the computer, 
monitor, or device, and the disposal of the remaining components--
            (1) in an environmentally sound and responsible manner;
            (2) without violation of any Federal or State law; and
            (3) without reliance on funding from State or local 
        governments,
when the computer, monitor, or device is no longer of use to the end-
user.
    (f) Designation of Electronic Devices.--The Administrator may 
designate additional electronic devices to which the fee under 
subsection (a) shall apply if those electronic devices--
            (1) contain a significant amount of material that, when 
        disposed of, would be hazardous waste; and
            (2) include one or more liquid crystal displays, cathode 
        ray tubes, or circuit boards.

SEC. 4. GRANTS.

    (a) Uses of Fee Amounts.--Amounts collected under section 3 shall 
be used, to the extent provided in advance in appropriations Acts, by 
the Administrator for--
            (1) covering the costs of administration of this Act; and
            (2) making grants under subsection (b).
Not more than 10 percent of the funds available pursuant to this Act 
for any fiscal year may be used for costs described in paragraph (1).
    (b) Grant Purposes.--The Administrator shall make grants with funds 
collected under section 3 to individuals or organizations (including 
units of local government) for--
            (1) collecting or processing used computers, monitors, or 
        other designated devices for recycling purposes;
            (2) reusing or reselling such computers, monitors, or 
        devices, or components thereof; and
            (3) extracting and using, or selling for reuse, raw 
        materials from such computers, monitors, or devices.
    (c) Eligibility.--An individual or organization shall be eligible 
for a grant under subsection (b) only if the individual or organization 
provides assurances to the satisfaction of the Administrator that it 
will carry out the grant purposes in a manner that complies with all 
applicable Federal and State environmental and health laws.
    (d) Selection Criteria.--In selecting proposals for grants under 
subsection (b), the Administrator shall consider--
            (1) the quantity of used computers, monitors, or other 
        designated devices that will be diverted from landfills;
            (2) the estimated cost per unit of the collection, 
        processing, reuse, or sale proposed;
            (3) the availability of, and potential for, markets for 
        recycled materials;
            (4) the degree to which the proposal mitigates or avoids 
        harmful environmental or health effects;
            (5) the degree to which the proposal employs innovative 
        recycling technologies; and
            (6) the demonstrated history of the grant applicant in 
        disposing of or providing for the reuse of computers, monitors, 
        or devices in an environmentally sound and responsible manner 
        without violation of any Federal or State law.
The Administrator shall ensure that grants are provided to a 
geographically diverse group of recipients.

SEC. 5. CONSULTATION.

    In carrying out this Act, the Administrator shall consult with 
representatives of the computer manufacturing, retail, and recycling 
industries, waste management professionals, environmental and consumer 
groups, and other appropriate individuals and organizations (including 
units of local government).

SEC. 6. STUDY AND REPORTS.

    (a) Study.--Not later than 6 months after the date of the enactment 
of this Act, the Administrator shall transmit to the Congress the 
results of a study that--
            (1) identifies waste materials in used computers that may 
        be hazardous to human health or the environment;
            (2) estimates the quantities of such materials that exist 
        or will exist in the future, including a separate estimate of 
        the quantities of such materials that are exported from the 
        United States;
            (3) estimates the costs of transporting, collecting, and 
        processing computers, monitors, and other designated devices;
            (4) describes current management of such waste materials;
            (5) makes recommendations for the management of electronic 
        products containing such waste materials at the end of their 
        useful lives; and
            (6) estimates the demand for materials from recycled 
        computers, and make recommendations for increasing the markets 
        for such materials.
    (b) Reports.--Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter for 4 additional years, the 
Administrator shall transmit to the Congress a report on the status of 
computer recycling. Such report shall include a description of the 
amount of fees collected under section 3, and a description of the 
amount of administrative costs paid for and grants made under section 4 
with funds collected through such fees.
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