[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1270 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1270

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2011

  Mr. Whitehouse (for himself, Mr. Brown of Ohio, and Ms. Murkowski) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 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 on the date that is 24 months after 
the date of enactment of this section, no person shall export 
restricted electronic waste to a country described in subsection (e).
    ``(b) Definitions; Rule of Construction.--For purposes of this 
section:
            ``(1) Consignee.--The term `consignee' means the ultimate 
        repair, refurbishment, treatment, storage, or disposal facility 
        in a receiving country to which restricted electronic waste 
        will be sent.
            ``(2) Covered electronic equipment.--
                    ``(A) In general.--The term `covered electronic 
                equipment' means the following used items, whole or in 
                fragments, including parts, components, or assemblies 
                thereof:
                            ``(i) Computers.
                            ``(ii) Central processing units.
                            ``(iii) Mobile computers (including 
                        notebooks, netbooks, tablets, and e-book 
                        readers).
                            ``(iv) Computer accessories (including 
                        input devices, webcams, speakers, data storage 
                        devices, servers, and monitors).
                            ``(v) Televisions (including portable 
                        televisions and portable DVD players).
                            ``(vi) Video display devices (including 
                        digital picture frames and portable video 
                        devices).
                            ``(vii) Digital imaging devices (including 
                        printers, copiers, facsimile machines, image 
                        scanners, and multifunction machines).
                            ``(viii) Television peripheral devices 
                        (including video cassette recorders, DVD 
                        players, video game systems, game controllers, 
                        signal converter boxes, and cable and satellite 
                        receivers).
                            ``(ix) Digital cameras and projectors.
                            ``(x) Digital audio players.
                            ``(xi) Telephones and electronic 
                        communication equipment (including cellular 
                        phones and wireless internet communication 
                        devices).
                            ``(xii) Networking devices (including 
                        routers, network cards, modems, and hubs).
                            ``(xiii) Audio equipment.
                            ``(xiv) Portable video game systems.
                            ``(xv) Personal digital assistants.
                            ``(xvi) Portable global positioning system 
                        navigation devices.
                            ``(xvii) Other used electronic products the 
                        Administrator determines to be similar under 
                        the procedures promulgated in accordance with 
                        subsection (c).
                    ``(B) Exception.--The term `covered electronic 
                equipment' shall not include parts of a motor vehicle.
            ``(3) Restricted electronic waste.--
                    ``(A) In general.--The term `restricted electronic 
                waste' means--
                            ``(i) items of covered electronic 
                        equipment, that include, contain, are derived 
                        from, or consist of--
                                    ``(I) cathode ray tubes or cathode 
                                ray tube glass in any form, or cathode 
                                ray tube phosphor residues or dusts in 
                                any form;
                                    ``(II) a lamp or other device 
                                containing mercury phosphor;
                                    ``(III) batteries containing--
                                            ``(aa) lead, cadmium, or 
                                        mercury; or
                                            ``(bb) organic solvents 
                                        exhibiting the characteristic 
                                        of ignitability, as defined in 
                                        section 261.21 of title 40, 
                                        Code of Federal Regulations;
                                    ``(IV) switches or any other 
                                devices containing mercury;
                                    ``(V) hexavalent chromium;
                                    ``(VI) other than batteries 
                                described in subclause (III), items 
                                containing antimony, barium, cadmium, 
                                lead, thallium, beryllium, arsenic, or 
                                selenium, including--
                                            ``(aa) circuit boards;
                                            ``(bb) printer drums;
                                            ``(cc) liquid crystal 
                                        displays;
                                            ``(dd) flatscreen glass; 
                                        and
                                            ``(ee) light emitting 
                                        diodes; or
                            ``(ii) any other covered electronic 
                        equipment, or materials derived therefrom, 
                        containing any other toxic material, in 
                        elemental or compound form, identified by the 
                        Administrator under subsection (c).
                    ``(B) Exceptions.--The term `restricted electronic 
                waste' shall not apply to items described in this 
                subparagraph.
                            ``(i) De minimis.--Covered electronic 
                        equipment described in subparagraphs (A)(i)(VI) 
                        and (A)(ii), including separated component 
                        streams (such as plastics or metals), which 
                        does not exceed de minimis levels set by the 
                        Administrator under subsection (d).
                            ``(ii) Reuse.--Covered electronic equipment 
                        that is--
                                    ``(I) tested prior to export 
                                pursuant to subsection (i)(1), and 
                                found to be--
                                            ``(aa) functional for the 
                                        purpose for which the equipment 
                                        was designed, or, in the case 
                                        of multifunction devices, fully 
                                        functional for at least one of 
                                        the primary purposes for which 
                                        the equipment was designed; and
                                            ``(bb) appropriately 
                                        packaged for shipment to 
                                        prevent the equipment from 
                                        losing functionality due to 
                                        damage during transit; and
                                    ``(II) appropriately labeled or 
                                marked pursuant to subsection 
                                (i)(3)(A).
                            ``(iii) Certain cathode ray tube glass.--
                        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 states in writing is not 
                        waste.
                            ``(iv) Warranties.--Customer returns, to 
                        point of sale, to original equipment 
                        manufacturers, or to contractual warranty 
                        collectors, of recently purchased covered 
                        electronic equipment that is either--
                                    ``(I) under original equipment 
                                manufacturer warranty to customers; or
                                    ``(II) under warranty from the 
                                original design manufacturer or 
                                original component 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 
                                and parts covered in this subparagraph 
                                shall not include--
                                            ``(aa) covered electronic 
                                        equipment 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;
                                            ``(bb) covered electronic 
                                        equipment returned at the end 
                                        of leases to customers; or
                                            ``(cc) covered electronic 
                                        equipment collected by asset 
                                        recovery programs.
                            ``(v) Recalls.--Recalls of covered 
                        electronic equipment by an original equipment 
                        manufacturer, original design manufacturer, or 
                        original component manufacturer where--
                                    ``(I) the covered electronic 
                                equipment is subject to recall notice 
                                issued by the Consumer Product Safety 
                                Commission or other pertinent Federal 
                                authority;
                                    ``(II) the original design 
                                manufacturer or original component 
                                manufacturer requires the defective 
                                covered electronic equipment to be 
                                physically returned to that 
                                manufacturer as a term of the warranty; 
                                and
                                    ``(III) any export of recalled 
                                covered electronic equipment is to a 
                                country from whose competent authority 
                                the Administrator receives written 
                                consent pursuant to subsection (h)(2).
            ``(4) Rule of construction regarding chemical elements.--
        Any reference to a chemical element shall be construed to be a 
        reference to that element in compound or elemental form.
    ``(c) Additional Covered Electronic Equipment and Restricted 
Materials.--Not later than 18 months 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--
            ``(1) similar electronic equipment to add to the list of 
        covered electronic equipment under subsection (b)(2); and
            ``(2) additional restricted toxic materials to add to the 
        list in subsection (b)(3)(A)(ii), the presence of which in 
        covered electronic equipment poses a potential hazard to human 
        health or the environment.
Such procedures shall include a method for any interested party to 
propose a new product or material for review by the Administrator.
    ``(d) De Minimis Levels.--Not later than 18 months 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 described 
in subparagraphs (A)(i)(VI) and (A)(ii) of subsection (b)(3), below 
which such waste is determined by the Administrator not to pose a 
potential hazard to human health or the environment.
    ``(e) 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 Co-operation 
        and Development or the European Union; or
            ``(2) Liechtenstein.
    ``(f) Notice to Administrator.--No person shall export covered 
electronic equipment described in subsection (b)(3)(B) to a country 
described in subsection (e) unless, not later than 60 days before the 
initial export shipment, such person transmits to the Administrator 
written notice of an intended export. Such a notification may cover 
export activities extending over a maximum of 12 months for the same 
type of covered electronic equipment, exported to the same facility via 
the same transit countries. The notification shall include the 
following information:
            ``(1) The name, mailing address, telephone number, and if 
        applicable, the Environmental Protection Agency or Resource 
        Conservation and Recovery Act identification number.
            ``(2) Documentation of licensing of the exporter under 
        subsection (g).
            ``(3) The name and site address of the consignee and any 
        alternate consignee.
            ``(4) A statement from the exporter that includes--
                    ``(A) a description of the type and total quantity 
                of covered electronic equipment that will be exported 
                to the consignee;
                    ``(B) the estimated frequency or rate at which such 
                covered electronic equipment is to be exported, and the 
                period of time over which such covered electronic 
                equipment is to be exported;
                    ``(C) all points of entry to and departure from 
                each country through which the covered electronic 
                equipment will pass in transit;
                    ``(D) a description of the means by which each 
                shipment of the covered electronic equipment will be 
                transported, including the mode of transportation and 
                type or types of container; and
                    ``(E) a description of the manner in which the 
                covered electronic equipment will be treated, stored, 
                or disposed of in the receiving country.
            ``(5) A list of all transit countries through which the 
        covered electronic equipment will be transported, and a 
        description of the approximate length of time the covered 
        electronic equipment will remain in each country and the nature 
        of its handling while there.
    ``(g) License.--Covered electronic equipment may only be exported 
to a country described in subsection (e) under the exceptions to 
restricted electronic waste in subsection (b)(3)(B) by an entity 
licensed by the Administrator under regulations issued under subsection 
(i)(2).
    ``(h) Additional Export Conditions for Warranties and Recalls.--
            ``(1) In general.--No person shall export covered 
        electronic equipment to a country described in subsection (e) 
        under the exceptions to restricted electronic waste in 
        subsections (b)(3)(B)(iv) or (v) unless--
                    ``(A) the export is made by an original equipment 
                manufacturer or its contractual agent to the original 
                design manufacturer or original component 
                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, or replacement;
                    ``(B) the original equipment manufacturer has a 
                presence and assets in the United States; and
                    ``(C) the person who exports the covered electronic 
                equipment--
                            ``(i) keeps copies of normal business 
                        records, such as contracts, demonstrating that 
                        each shipment of exported covered electronic 
                        equipment is intended for repair or 
                        refurbishment and subsequent reuse, or 
                        replacement, which documentation shall be 
                        retained for a period of at least 3 years after 
                        the date of export; and
                            ``(ii) submits an annual report to the 
                        Administrator on the amount and types of waste 
                        resulting from the refurbishment or replacement 
                        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, 
                                refurbishment, or replacement listed by 
                                category and country of destination; 
                                and
                                    ``(II) the covered electronic 
                                equipment, or materials derived 
                                therefrom, sent onward to further 
                                reuse, disposal, or recycling following 
                                repair, refurbishment, or replacement, 
                                listed by weight, a description of the 
                                wastes, and the ultimate country 
                                destination.
            ``(2) Acknowledgment of consent.--
                    ``(A) Requirement.--No person shall export covered 
                electronic equipment to a country described in 
                subsection (e) under the exceptions to restricted 
                electronic waste in subsections (b)(3)(B)(iv) or (v) 
                until the Administrator--
                            ``(i) obtains the written consent of the 
                        competent authority of the receiving country, 
                        and of each country through which the covered 
                        electronic equipment will pass in transit; and
                            ``(ii) transmits to the exporter an 
                        Acknowledgment of Consent reflecting receipt of 
                        each country's consent.
                    ``(B) Country notification.--In cooperation with 
                other appropriate agencies, the Administrator shall 
                provide notification in writing of an intended export 
                submitted under subsection (f) to the receiving country 
                and any transit countries.
                    ``(C) Consent and exporter notification.--When the 
                receiving country and all transit countries consent in 
                writing to the receipt or transit of the covered 
                electronic equipment, the Administrator shall transmit 
                an Acknowledgment of Consent to the exporter. The 
                consent from a receiving or transit country may be for 
                a notice of multiple shipments or a specified duration 
                as described in subsection (f). The exporter shall 
                attach a copy of the Acknowledgment of Consent to the 
                shipping papers or equivalent documents to ensure that 
                the Acknowledgment of Consent accompanies the shipment 
                of covered electronic equipment.
            ``(3) Withdrawal of consent.--Where the receiving country 
        or a transit country objects to receipt or transit of the 
        covered electronic equipment, or withdraws a prior consent, the 
        Administrator shall notify the exporter in writing.
    ``(i) Regulations.--Not later than 18 months after the date of 
enactment of this section, the Administrator shall issue regulations 
for carrying out this section, including--
            ``(1) testing requirements for covered electronic equipment 
        proposed to be exported under subsection (b)(3)(B)(ii);
            ``(2) establishing a process for licensing entities under 
        subsection (g);
            ``(3) in consultation with the appropriate Federal agency 
        or agencies, provisions for an efficient export control regime 
        which will allow for--
                    ``(A) requiring a person exporting under this 
                section to use appropriate labeling or marking, 
                distinguishing among--
                            ``(i) covered electronic equipment as 
                        permitted under this section;
                            ``(ii) restricted electronic waste 
                        described in this section; and
                            ``(iii) tested working covered electronic 
                        equipment as permitted under this section; and
                    ``(B) enforcement mechanisms, tests, and procedures 
                in coordination with enforcement procedures 
                administered by other appropriate Federal agencies; 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 website maintained by the Administrator for a 
        period of 5 years after each violation.
    ``(j) Circuit Boards.--For the purposes of export to Organization 
for Economic Co-operation and Development member countries, circuit 
boards shall be subject to the Amber Control Procedure as described in 
the Organization for Economic Co-operation and Development Control 
System for waste recovery.''.
    (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. ENFORCEMENT.

    (a) 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)(B); and
            (3) by inserting after paragraph (7) the following new 
        paragraph:
            ``(8) knowingly exports restricted electronic waste in 
        violation of section 3024;''.
    (b) Inspections.--Section 3007(a) of the Solid Waste Disposal Act 
(42 U.S.C. 6927(a)) is amended--
            (1) by inserting ``or restricted electronic wastes'' after 
        ``or has handled hazardous wastes''; and
            (2) by inserting ``or restricted electronic wastes'' after 
        ``or other place where hazardous wastes''.

SEC. 4. RARE EARTH MATERIALS RECYCLING RESEARCH INITIATIVE.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Initiative.--The term ``Initiative'' means the Rare 
        Earth Materials Recycling Research Initiative established under 
        subsection (b).
            (3) Rare earth material.--The term ``rare earth material'' 
        means any of the following chemical elements in any physical 
        form or chemical combination:
                    (A) Scandium.
                    (B) Yttrium.
                    (C) Lanthanum.
                    (D) Cerium.
                    (E) Praseodymium.
                    (F) Neodymium.
                    (G) Promethium.
                    (H) Samarium.
                    (I) Europium.
                    (J) Gadolinium.
                    (K) Terbium.
                    (L) Dysprosium.
                    (M) Holmium.
                    (N) Erbium.
                    (O) Thulium.
                    (P) Ytterbium.
                    (Q) Lutetium.
                    (R) Other elements identified by the Secretary as 
                rare or in critical supply.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Administrator and the heads of other appropriate Federal agencies, 
shall establish the Rare Earth Materials Recycling Research Initiative 
to assist in and coordinate the development of research in the 
recycling of rare earth materials found in electronic devices.
    (c) Grants.--Under the Initiative, the Secretary shall establish a 
competitive research application program under which the Secretary 
shall provide grants to applicants to conduct research on one or more 
of the following activities:
            (1) The safe removal, separation, and recycling of rare 
        earth material from electronics.
            (2) Technology, component, and material design of 
        electronics more suitable for disassembly and recycling of rare 
        earth material.
            (3) Collection, logistics, and reverse supply chain 
        optimization as related to recycling rare earth materials from 
        electronics.
    (d) Grant Requirements.--The Secretary shall issue requirements for 
applying for grants under the Initiative.
                                 <all>