[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6252 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6252

  To prohibit the export from the United States of certain electronic 
                     waste, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

 Mr. Gene Green of Texas (for himself, Mr. Thompson of California, and 
 Mr. Carter) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit the export from the United States of certain electronic 
                     waste, 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 ``Responsible Electronics Recycling 
Act''.

SEC. 2. ELECTRONIC WASTE EXPORT RESTRICTIONS.

    (a) Amendment.--Subtitle C of the Solid Waste Disposal Act (42 
U.S.C. 6921 et seq.) is amended by adding at the end the following new 
section:

``SEC. 3024. ELECTRONIC WASTE EXPORT RESTRICTIONS.

    ``(a) In General.--Beginning 12 months after the date of enactment 
of this section, except as provided in subsection (e) or (f), no person 
shall export any restricted electronic waste to a country described in 
subsection (c).
    ``(b) Covered Waste.--
            ``(1) Definitions.--For purposes of this section:
                    ``(A) The term `covered electronic equipment' means 
                used computers, central processing units, mobile 
                computers (including notebooks, netbooks, tablets, and 
                e-book readers), computer accessories including input 
                devices, webcams, speakers, data storage devices, 
                servers, and monitors, televisions, digital picture 
                frames, and other video display devices, digital 
                imaging devices (including printers, copiers, facsimile 
                machines, image scanners, and multifunction machines), 
                television peripheral devices including video cassette 
                recorders, DVD players, video game systems, game 
                controllers, signal converter boxes, and cable and 
                satellite receivers, digital cameras and projectors, 
                digital audio players, telephones and electronic 
                communication equipment, networking devices including 
                routers, network cards, modems, and hubs, audio 
                equipment, other wireless communication devices 
                including cell phones, mobile television and 
                entertainment devices, personal digital assistants, and 
                portable GPS navigation systems, and other used 
                electronic products the Administrator determines to be 
                similar in accordance with paragraph (2).
                    ``(B)(i) The term `restricted electronic waste' 
                means--
                                    ``(I) items of covered electronic 
                                equipment, whole or in fragments, that 
                                include, contain, are derived from, or 
                                consist of--
                                            ``(aa) cathode ray tubes or 
                                        cathode ray tube glass in any 
                                        form, or cathode ray tube 
                                        phosphor residues or dusts in 
                                        any form;
                                            ``(bb) a lamp or other 
                                        device containing mercury 
                                        phosphor;
                                            ``(cc) batteries containing 
                                        lead, cadmium, mercury, or 
                                        flammable organic solvents;
                                            ``(dd) switches or any 
                                        other devices containing 
                                        mercury in elemental or 
                                        compound form;
                                            ``(ee) capacitors, 
                                        transformers, light ballasts, 
                                        or any other devices containing 
                                        or suspected of containing 
                                        polychlorinated biphenyls 
                                        (PCBs); or
                                            ``(ff) parts, components, 
                                        or assemblies, or materials 
                                        derived therefrom, containing 
                                        hexavalent chromium or 
                                        beryllium (in elemental or 
                                        compound form);
                                    ``(II) except as provided in 
                                paragraph (3), items of covered 
                                electronic equipment, whole or in 
                                fragments, that include, contain, are 
                                derived from, or consist of--
                                            ``(aa) circuit boards 
                                        containing lead, cadmium, or 
                                        beryllium in elemental or 
                                        compound form;
                                            ``(bb) printer drums or any 
                                        other devices containing 
                                        selenium in elemental or 
                                        compound form;
                                            ``(cc) liquid crystal 
                                        displays, flatscreen glass, 
                                        light emitting diodes (LEDs), 
                                        or any other device containing 
                                        arsenic in elemental or 
                                        compound form; or
                                            ``(dd) parts, components, 
                                        or assemblies, or materials 
                                        derived therefrom, containing 
                                        antimony, barium, cadmium, 
                                        chromium (other than hexavalent 
                                        chromium), lead, thallium, 
                                        beryllium, arsenic, or 
                                        selenium; or
                                    ``(III) any other covered 
                                electronic equipment parts, components, 
                                or assemblies, or materials derived 
                                therefrom, containing any other toxic 
                                material identified by the 
                                Administrator under paragraph (2).
                    ``(ii) The term `restricted electronic waste' shall 
                not apply to covered electronic equipment or parts 
                which are tested prior to export, and are found to be--
                            ``(I) functional for the purpose for which 
                        the equipment or parts were designed, as 
                        provided for in subsection (h)(1), or, in the 
                        case of multifunction devices, fully functional 
                        for at least one of the primary purposes for 
                        which the equipment or parts were designed;
                            ``(II) appropriately packaged for shipment 
                        as provided for in subsection (h)(1); and
                            ``(III) appropriately labeled or marked as 
                        provided for in subsection (h)(3).
            ``(2) Additional covered electronic equipment and 
        restricted materials.--Not later than one year after the date 
        of enactment of this section, the Administrator shall, after 
        notice and opportunity for public comment, and after 
        consultation with appropriate Federal and State agencies, 
        develop and promulgate procedures for identifying--
                    ``(A) similar electronic equipment to add to the 
                list of covered electronic equipment under paragraph 
                (1)(A); and
                    ``(B) additional restricted toxic materials, the 
                presence of which in covered electronic equipment poses 
                a potential hazard to human health or the environment 
                at the end of the life of the equipment.
        Such procedures shall include a method for any interested party 
        to propose a new product or material for review by the 
        Administrator.
            ``(3) De minimis levels.--Not later than one year after the 
        date of enactment of this section, the Administrator shall, 
        after notice and opportunity for public comment, and after 
        consultation with appropriate Federal and State agencies, 
        develop and promulgate procedures for identifying de minimis 
        levels for restricted electronic waste specified under 
        paragraph (1)(B)(i)(II) or (III) below which such waste shall 
        be deemed to not pose a potential hazard to human health or the 
        environment. Notwithstanding subsection (a) and the definition 
        of restricted electronic waste under paragraph (1)(B), a person 
        may export restricted electronic waste described in paragraph 
        (1)(B)(i)(II) or (III) to a country described in subsection (c) 
        upon demonstration that the waste does not contain more than 
        the de minimis levels, established by the Administrator under 
        this paragraph, of antimony, barium, cadmium, chromium (other 
        than hexavalent chromium), lead, thallium, beryllium, arsenic, 
        or selenium.
    ``(c) Countries to Which Prohibition Applies.--The countries 
referred to in subsection (a) are all countries which are not--
            ``(1) members of the Organization for Economic Cooperation 
        and Development or the European Union; or
            ``(2) Liechtenstein.
    ``(d) OECD.--For the purposes of export to Organization for 
Economic Cooperation and Development countries, circuit boards shall be 
subject to the amber list requirements defined in section 262.89 of the 
OECD Waste Lists.
    ``(e) General Exceptions.--Subject to subsection (g), the 
prohibition under subsection (a) shall not apply to--
            ``(1) furnace-ready cathode ray tube glass cullet, cleaned 
        of all phosphors, to be used as a direct feedstock in a lead-
        glass manufacturing furnace without further processing or 
        preparation required other than quality control, which the 
        competent authority in the importing country has stated in 
        writing is not waste;
            ``(2) customer returns to point of sale or to contractual 
        warranty collectors of recently purchased electronic equipment 
        or parts that is either--
                    ``(A) under original equipment manufacturer 
                warranty to customers; or
                    ``(B) under warranty from the original design 
                manufacturer to the original equipment manufacturer, or 
                otherwise returned by the original purchaser of the 
                electronic equipment, due to defect or customer 
                dissatisfaction, and the manufacturer accepts such 
                returns for the purposes of repair or replacement in 
                order to return to the customer a functional working 
                product or part of the same type and model, except that 
                products covered in this subparagraph shall not 
                include--
                            ``(i) products or parts accepted for return 
                        from individuals or businesses under general 
                        takeback, recycling, trade-in (for purposes of 
                        recycling, disposal, sales promotions, or 
                        obtaining credit for product purchases or 
                        leases) or buy-back programs, events, or 
                        policies designed to collect used or waste 
                        electronic equipment;
                            ``(ii) products or parts returned at the 
                        end of leases to customers; or
                            ``(iii) products or parts collected by 
                        asset recovery programs; or
            ``(3) recalls of parts or products by an original equipment 
        manufacturer or original design manufacturer whereby--
                    ``(A) the product or part is subject to recall 
                notice issued by the Consumer Product Safety Commission 
                or other pertinent Federal authority;
                    ``(B) the original design manufacturer requires the 
                defective part or product to be physically returned to 
                that manufacturer as a term of the warranty; and
                    ``(C) any export of recalled products or parts is 
                to a country from whose competent authority the 
                Administrator has received written consent under 
                subsection (g).
    ``(f) Export Conditions.--Equipment may be exported under 
subsection (e)(2) or (3) only if--
            ``(1) the Administrator has received written consent under 
        subsection (g) from the competent authority in the country 
        receiving the export and any country the export passes through 
        in transit;
            ``(2) the export is made by an original equipment 
        manufacturer or its contractual agent to the original design 
        manufacturer's site of last assembly, or to a company 
        contracted to make warranty repairs, for the purposes of 
        business credit to the original equipment manufacturer, repair 
        or refurbishment and subsequent reuse;
            ``(3) the original equipment manufacturer has a presence 
        and assets in the United States; and
            ``(4) the person who exports the equipment or parts--
                    ``(A) keeps copies of normal business records, such 
                as contracts, demonstrating that each shipment of 
                exported used electronic equipment or parts is intended 
                for repair or refurbishment and subsequent reuse, which 
                documentation shall be retained for a period of at 
                least 6 years after the date the used electronic 
                equipment or parts were exported; and
                    ``(B) submits an annual report to the Administrator 
                on the amount and types of waste resulting from the 
                refurbishment process, and how it was disposed of or 
                recycled, which shall include--
                            ``(i) number and weight of units of 
                        products returned by the original equipment 
                        manufacturer for repair or refurbishment, 
                        listed by category and country of destination; 
                        and
                            ``(ii) the restricted electronic waste 
                        parts or residues sent onward to further reuse, 
                        disposal, or recycling following repair or 
                        refurbishment, listed by weight, a description 
                        of the wastes, and the ultimate country 
                        destination.
    ``(g) Export Procedures.--
            ``(1) Notice to administrator.--Not later than 60 days 
        before the initial export shipment, an exporter shall transmit 
        to the Administrator written notice of an intended export 
        permitted under this section. Such a notification may cover 
        export activities extending over a maximum of 12 months for the 
        same type of restricted electronic waste, exported to the same 
        facility via the same transit countries. The notification shall 
        include the following information:
                    ``(A) The name, mailing address, telephone number, 
                and EPA ID number.
                    ``(B) Documentation of licensing of the exporter by 
                the Environmental Protection Agency pursuant to 
                subsection (h)(2).
                    ``(C) The name and site address of the consignee 
                and any alternate consignee.
                    ``(D) A statement from the consignee that 
                includes--
                            ``(i) a description of the type and total 
                        quantity of restricted electronic waste that 
                        will be exported to the consignee;
                            ``(ii) the estimated frequency or rate at 
                        which such restricted electronic waste is to be 
                        exported, and the period of time over which 
                        such waste is to be exported;
                            ``(iii) all points of entry to and 
                        departure from each country through which the 
                        restricted electronic waste will pass in 
                        transit;
                            ``(iv) a description of the means by which 
                        each shipment of the restricted electronic 
                        waste will be transported, including the mode 
                        of transportation and type or types of 
                        container; and
                            ``(v) a description of the manner in which 
                        the restricted electronic waste will be 
                        treated, stored, or disposed of in the 
                        receiving country.
                    ``(E) A list of all transit countries through which 
                the restricted electronic waste will be transported, 
                and a description of the approximate length of time the 
                waste will remain in each country and the nature of its 
                handling while there.
            ``(2) Acknowledgment of consent.--
                    ``(A) Requirement.--No restricted electronic waste 
                may be exported pursuant to this section unless the 
                written consent of the competent authority of the 
                receiving country, and of each country through which 
                the restricted electronic waste will pass in transit, 
                has been obtained and the Administrator has transmitted 
                to the exporter an Acknowledgment of Consent reflecting 
                receipt of each such country's consent.
                    ``(B) Country notification.--In conjunction with 
                other relevant agencies, the Administrator shall 
                provide a complete notification to the receiving 
                country and any transit countries. A notification is 
                complete when the Administrator receives a notification 
                which the Administrator determines satisfies the 
                requirements of this section.
                    ``(C) Exporter notification.--When the receiving 
                country and all transit countries have consented to the 
                receipt or transit of the restricted electronic waste, 
                the Administrator shall transmit an Acknowledgment of 
                Consent to the exporter. The exporter shall attach a 
                copy of the Acknowledgment of Consent to the manifest, 
                or otherwise ensure that the Acknowledgment of Consent 
                accompanies the restricted electronic waste shipment.
            ``(3) Withdrawal of consent.--Where the receiving country 
        or a transit country objects to receipt or transit of 
        restricted electronic waste, or withdraws a prior consent, the 
        Administrator shall notify the exporter in writing.
            ``(4) Definition of consignee.--For purposes of this 
        subsection, the term `consignee' means the ultimate treatment, 
        storage, or disposal facility in a receiving country to which 
        restricted electronic waste will be sent.
    ``(h) Regulations.--Not later than 12 months after the date of 
enactment of this section, the Administrator shall issue regulations 
for carrying out this section, including--
            ``(1) testing requirements for verifying that used covered 
        electronic equipment or parts proposed to be exported under 
        this section are functional for the purposes for which they 
        were designed, including requirements for proper packaging to 
        prevent such equipment or parts from losing functionality due 
        to damage during transit;
            ``(2) establishing a process whereby any entity exporting 
        restricted electronic waste from the United States must be 
        licensed by the Environmental Protection Agency;
            ``(3) in consultation with the appropriate Federal agency 
        or agencies, provisions for an efficient export control regime 
        which will allow for--
                    ``(A) distinguishing among exports of--
                            ``(i) restricted electronic waste as 
                        permitted under this section;
                            ``(ii) restricted electronic waste as 
                        prohibited under this section; and
                            ``(iii) tested working used covered 
                        electronic equipment as permitted under this 
                        section; and
                    ``(B) enforcement mechanisms, tests, and procedures 
                in coordination with other enforcement procedures; and
            ``(4) establishing a registry of violators, whereby any 
        person or entity found to be exporting restricted electronic 
        waste in violation of this section shall be listed on a public 
        registry on a Web site maintained by the Administrator for a 
        period of 5 years.''.
    (b) Table of Contents Amendment.--The table of contents for the 
Solid Waste Disposal Act is amended by adding after the item relating 
to section 3023 the following new item:

``Sec. 3024. Electronic waste export restrictions.''.

SEC. 3. CRIMINAL PENALTIES.

    Section 3008(d) of the Solid Waste Disposal Act (42 U.S.C. 6928(d)) 
is amended--
            (1) by striking ``or'' at the end of paragraph (6);
            (2) by inserting ``or'' at the end of paragraph (7); and
            (3) by inserting after paragraph (7) the following new 
        paragraph:
            ``(8) knowingly exports restricted electronic waste in 
        violation of section 3024;''.
                                 <all>