[Congressional Record Volume 151, Number 23 (Thursday, March 3, 2005)]
[Senate]
[Pages S2017-S2020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Talent):
  S. 510. A bill to reduce and eliminate electronic waste through 
recycling; to the Committee on France.
  Mr. WYDEN. Mr. President, the pace of technological innovation offers 
American consumers an eye-catching array of electronic gadgets. But for 
every new lap top or HDTV that goes home from the store with a 
consumer, an old computer or TV gets moved to the garage or shoved into 
the back of a closet. What to do with the growing amount of trash from 
the digital economy is a question that Senator Talent and I believe 
must be addressed before our landfills are full and foreign countries 
close their ports to ships loaded down with old US computers. Today we 
are introducing bipartisan legislation to jumpstart a nationwide 
electronic waste recycling initiative.
  When I was a member of the Commerce Committee, I helped write the

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ground rules for the digital economy. My goal was to help create a 
climate that would spur the development of technology so it would 
become accessible and affordable to all Americans. This approach seems 
to be working. One measure of the success of the digital economy is the 
sheer number of computers and electronic gadgets that Americans own. 
Americans now spend more than $130 billion a year on electronics, from 
computers to HDTVs.
  The boom in consumer spending on electronics and the growth in the 
digital economy are not without a downside. In one year alone, some 60 
million computers and 20 million television sets become obsolete and 
more than 500 million computers will be discarded in the decade ending 
in 2007. These obsolete computers alone will result in over 6.3 billion 
pounds of plastic and 1.6 billion pounds of lead in our landfills or 
incinerators.
  Electronic waste, or e-waste, is not even a blip on the radar screen 
of most policymakers. There have been a few news articles here and 
there, but so far they've been buried, well behind page one. I want to 
tackle the problem of e-waste in the same way we went about solving the 
Y-2K problem: putting policies in place to help all stakeholders deal 
with it before it overtakes us.
  Some communities across the country have begun to talk about how to 
deal with the accumulation of electronic waste. A few States, like 
California and Maine, recently passed laws to get recycling programs 
going. Several other States, including my own State of Oregon, will 
likely consider legislation this year. Among the options, some States 
favor an upfront fee, tacked onto the price of electronics, intended to 
help pay for the cost of recycling, others are looking at end-of-life 
fees. No one yet has looked at the approach Senator Talent and I are 
proposing.
  My own sense is that slapping a fee on consumers for the purchase of 
a new computer or television is not necessarily the best way to 
encourage them to drag those old 80-pound computers and TVs out of the 
basement and get them to a recycling facility. Someone who needs a new 
one may just pay the fee but leave their old computers and TVs at home. 
End-of-life fees mean that today's manufacturers and retailers end up 
paying for e-trash left over from manufacturers that have gone out of 
business or from off-shore companies.
  The bipartisan legislation Senator Talent and I are introducing 
today, The Electronic Waste Recycling Promotion and Consumer Protection 
Act, takes a novel approach to the problem.
  First, to get consumers motivated to move their old computers or 
televisions out of the garage and to a recycling facility, the bill 
would give them a one-time tax credit based on showing they gave their 
old computers or televisions to a qualified recycler.
  Second, to build up the recycling infrastructure nationwide, the 
legislation would give manufacturers, retailers and qualified recyclers 
tax credits over a 3-year period, based on showing that they had 
recycled a certain amount of e-waste each year and done it in a way 
that is safe and environmentally sound.
  Third, the bill would give the Environmental Protection Agency a year 
to come up with options for a nationwide e-waste recycling program that 
would, if approved by Congress, preempt State plans. Manufacturers, 
retailers and recyclers are going to find it increasingly difficult to 
deal with a crazy quilt of 50 different State e-waste recycling laws.
  These are the incentives, but incentives without teeth won't work. So 
at the end of 3 years of tax credits, if EPA determines that there are 
enough recyclers in place, no one who operates a municipal solid waste 
facility could knowingly accept any computer, computer monitor or 
television unless the e-waste is to be recycled.
  The bill would also ask EPA to consider the benefits of requiring 
manufacturers who sell computers and TVs to take them back for 
recycling. And, to make sure we're keeping our own house in order, the 
legislation would require the federal government to properly recycle 
its computers.
  The goal here is to provide incentives to build a nationwide e-waste 
recycling infrastructure. EPA estimates that electronic waste already 
constitutes 40 percent of the lead and 70 percent of the heavy metals 
found in landfills today. If this waste is not handled properly, there 
is a real risk that toxins from the lead, mercury and cadmium will 
leach into the air, soil and water. The health effects of these toxins 
are well known and include an increased risk of cancer as well as harm 
to kidneys, the brain and the nervous system.
  As one who has worked so hard to foster the digital economy, I 
believe there is also a duty to assure that e-waste is handled 
responsibly. Consumers need to know that potentially harmful e-waste is 
being handled properly and I can't find a reason to add millions of 
tons of new toxic waste to our environment.
  I also believe that the United States, as the leading innovator and 
consumer of electronic products in the world, has a duty to deal with 
e-waste responsibly. Sending shiploads full of e-junk that contains 
harmful lead, mercury and cadmium to poor countries overseas is not my 
idea of responsible.
  Senator Talent and I have worked with a group of folks that normally 
don't see eye to eye on such issues. Through many hours of negotiation 
they have helped us produce a bill that represents a solid first step 
toward solving this problem. I am pleased that we have support for the 
approach taken in our legislation from environmental groups and 
industry groups, ranging from manufacturers like HP and Intel to 
retailers and solid waste recyclers, like Waste Management. We are 
committed to continuing to work with them to move the legislation 
through Congress.
  In closing, electronic waste is not going away. It's time to put 
bipartisan policies in place that will jumpstart the creation of a 
nationwide e-waste recycling infrastructure so that consumers have 
access to recycling facilities and get in the habit of recycling these 
items. I've talked to manufacturers, retailers, recyclers, 
environmental and consumer groups and they tell me that this issue must 
be addressed now by a national rather than state-by-state approach. 
This bill is a common-sense, first step that will help us get a handle 
on the growing problem of electronic waste.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 510

       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 ``Electronic Waste Recycling 
     Promotion and Consumer Protection Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the National Safety Council estimates that--
       (A) in 2003, over 60,000,000 personal computers became 
     obsolete and between 1997 and 2007 more than 500,000,000 
     computers will need to be discarded; and
       (B) at an average weight of 70 pounds, this will result in 
     over 6,300,000,000 pounds of plastic and 1,600,000,000 pounds 
     of lead added to the supply of waste needing to be managed;
       (2) according to the Environmental Protection Agency--
       (A) a computer monitor or television set generally contains 
     4 to 8 pounds of lead;
       (B) mercury, cadmium, and other heavy metals are generally 
     used in such equipment as well; and
       (C) households and businesses in the United States often do 
     not discard older computers and televisions when buying newer 
     versions of the same products;
       (3) according to experts, the average household may have 
     between 2 and 3 older computers and televisions in storage, 
     and approximately 20,000,000 to 24,000,000 computers and 
     televisions are placed in storage each year;
       (4) according to the Environmental Protection Agency, 
     discarded computer, television, and other electronic 
     equipment--
       (A) when not discarded in large quantities, is currently 
     managed in most States as municipal solid waste, just like 
     ordinary trash; and
       (B) constitute 40 percent of the lead and 70 percent of the 
     heavy metals that are found in landfills and, if not handled 
     properly, can be released into the environment, contaminating 
     air and groundwater and posing a significant threat to human 
     health, including potential damage to kidney, brain, and 
     nervous system function, and cancer in cases of excessive 
     exposure;
       (5) materials used in computers, televisions, and similar 
     electronic products can be recovered through recycling, which 
     conserves resources and minimizes the potentially harmful 
     human and environmental health effects of those materials; 
     and

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       (6) establishing a nationwide infrastructure for electronic 
     waste recycling will--
       (A) facilitate access of people in the United States to 
     recycling services; and
       (B) improve the efficiency and use of electronic waste 
     recycling.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Cathode ray tube.--The term ``cathode ray tube'' means 
     a vacuum tube used to convert an electronic signal into a 
     visual image, for use in a computer monitor, television, or 
     other piece of electronic equipment.
       (3) Computer.--
       (A) In general.--The term ``computer'' means an electronic, 
     magnetic, optical, electrochemical, or other high speed data 
     processing device that performs logical, arithmetic, or 
     storage functions.
       (B) Exclusions.--The term ``computer'' does not include an 
     automated typewriter or typesetter, video game console, 
     portable hand held calculator, personal digital assistant, 
     cellular telephone, or other similar device.
       (4) Consumer.--The term ``consumer'' means--
       (A) an occupant of a single, detached dwelling unit or a 
     single unit of a multiple dwelling unit who--
       (i) has used a computer monitor, a television, or another 
     piece of electronic equipment that contains a display screen 
     or a system unit; and
       (ii) used the equipment described in subparagraph (A) at 
     the dwelling unit of the occupant; and
       (B) a commercial, educational, or other entity that 
     discarded for recycling not more than 20 display screens or 
     system units per year during the previous 5 years.
       (5) Display screen--
       (A) In general.--The term ``display screen'' means a 
     cathode ray tube, flat panel screen, or other similar video 
     display device with a screen size of greater than 4 inches, 
     measured diagonally.
       (B) Exclusion.--The term ``display screen'' does not 
     include commercial or industrial equipment, or household 
     appliances, that contain--
       (i) a cathode ray tube;
       (ii) a flat panel screen; or
       (iii) another similar video device.
       (6) Hazardous waste.--The term ``hazardous waste'' has the 
     meaning given the term in section 1004 of the Solid Waste 
     Disposal Act (42 U.S.C. 6903).
       (7) Recycle--The term ``recycle'' means the performance of 
     a process by 1 or more persons by which a display screen or a 
     system unit is--
       (A) sorted;
       (B) if necessary, transported;
       (C) to the maximum extent practicable, separated to recover 
     any component or commodity inside the display screen or 
     system unit that can be reduced to raw materials or products; 
     and
       (D) treated such that any remaining material is disposed of 
     properly and in an environmentally sound manner consistent 
     with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (8) System unit.--The term ``system unit'' means--
       (A) the casing or portion of a computer that contains the 
     central processing unit, which performs the primary quantity 
     of data processing; and
       (B) the unit that, together with the memory, forms the 
     central part of the computer, to which peripheral devices may 
     be attached.
       (9) Universal waste.--The term ``universal waste'' has the 
     meaning given the term in the Environmental Protection Agency 
     Standards of Universal Waste Management established under 
     section 273 of title 40, Code of Federal Regulations (and 
     successor regulations).

     SEC. 4. CREDIT FOR RECYCLING ELECTRONIC WASTE.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 30B. CREDIT FOR RECYCLING ELECTRONIC WASTE.

       ``(a) Allowance of Credit.--In the case of an eligible 
     taxpayer, there shall be allowed as a credit against the tax 
     imposed by this chapter for the taxable year an amount equal 
     to $8 per unit of qualified electronic waste that is 
     collected from consumers and recycled.
       ``(b) Eligible Taxpayer.--For purposes of this section, the 
     term `eligible taxpayer' means any person which--
       ``(1) collects from consumers and recycles, or arranges for 
     the recycling of, not less than 5,000 units of qualified 
     electronic waste during that person's taxable year,
       ``(2) submits with the person's tax return documentation of 
     the final destination of all units of electronic waste 
     collected from consumers during the person's taxable year for 
     the purpose of recycling, and
       ``(3) certifies that all reclamation and recycling carried 
     out by the person was performed by an eligible recycler.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified electronic waste.--The term `qualified 
     electronic waste' means any display screen or any system 
     unit.
       ``(2) Consumer, display screen; recycle; system unit.--The 
     terms `consumer', `display screen', `recycle', and `system 
     unit' have the meaning given the terms by section 3 of the 
     Electronic Waste Recycling Promotion and Consumer Protection 
     Act.
       ``(d) Disallowance of credit.--No credit shall be allowed 
     under this section for recycling a unit of qualified 
     electronic waste which is collected from a consumer in a 
     State which has adopted and implemented a statewide program 
     in accordance with State law which mandates or provides 
     incentives for recycling electronic waste, including a 
     mandatory per-unit, upfront charge to consumers for the 
     purpose of recycling electronic waste.
       ``(e) Final regulations.--
       ``(1) In general.--Not later than the date which is 180 
     days after the date of the enactment of this section, the 
     Secretary, after consultation with the Administrator of the 
     Environmental Protection Agency, shall issue such final 
     regulations as may be necessary and appropriate to carry out 
     this section.
       ``(2) Inclusion.--
       ``(A) In general.--Subject to subparagraph (B), the 
     regulations issued under paragraph (1) shall include--
       ``(i) requirements for certifying recyclers as eligible to 
     recycle qualified electronic waste,
       ``(ii) requirements to ensure that all recycling of 
     qualified electronic waste is performed in a manner that is 
     safe and environmentally sound, and
       ``(iii) a provision which allows a tax credit under this 
     section to be shared by 2 or more eligible taxpayers, 
     provided that the total tax credit for a unit of electronic 
     waste under this section does not exceed $8.
       ``(B) Limitation.--The Secretary shall not certify a 
     recycler as eligible under this subsection unless the 
     recycler is--
       ``(i) a taxpayer, or
       ``(ii) a State or local government.
       ``(f) Termination.--This section shall not apply with 
     respect to any unit of qualified electronic waste which is 
     recycled after the date which is 3 years after the date on 
     which the final regulations issued pursuant to subparagraph 
     (e) take effect.''.
       (b) Conforming Amendment.--The table of sections for 
     subpart B of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new item:

``Sec. 30B. Credit for recycling electronic waste.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to display screens and system units 
     recycled after the date on which the final regulations issued 
     pursuant to section 30B of subpart B of part IV of subchapter 
     A of chapter 1 of the Internal Revenue Code of 1986 (as added 
     by this section) take effect.

     SEC. 5. CONSUMER CREDIT FOR RECYCLING ELECTRONIC WASTE.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 25B the following new section:

     ``SEC. 25C. CONSUMER CREDIT FOR RECYCLING ELECTRONIC WASTE.

       ``(a) Allowance of Credit.--In the case of an eligible 
     consumer, there shall be allowed as a credit against the tax 
     imposed by this chapter for the taxable year an amount equal 
     to $15 for the recycling of 1 or more units of qualified 
     electronic waste.
       ``(b) Eligible Consumer.--For purposes of this section, the 
     term `eligible consumer' means any individual--
       ``(1) with respect to whom a credit under this section has 
     not been allowed in any preceding taxable year, and
       ``(2) who submits with the individual's tax return such 
     information as the Secretary requires to document that each 
     unit of qualified electronic waste was recycled by a recycler 
     certified by the Secretary pursuant to subsection (d).
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified electronic waste.--The term `qualified 
     electronic waste' means any display screen or any system 
     unit.
       ``(2) Consumer, display screen; recycle; system unit.--The 
     terms `consumer', `display screen', `recycle', and `system 
     unit' have the meaning given the terms by section 3 of the 
     Electronic Waste Recycling Promotion and Consumer Protection 
     Act.
       ``(d) Final regulations.--
       ``(1) In general.--Not later than the date which is 180 
     days after the date of the enactment of this section, the 
     Secretary, after consultation with the Administrator of the 
     Environmental Protection Agency, shall issue such final 
     regulations as may be necessary and appropriate to carry out 
     this section.
       ``(2) Inclusion.--
       ``(A) In general.--Subject to subparagraph (B), the 
     regulations issued under paragraph (1) shall include--
       ``(i) requirements for certifying recyclers as eligible to 
     recycle qualified electronic waste, and
       ``(ii) requirements to ensure that all recycling of 
     qualified electronic waste is performed in a manner that is 
     safe and environmentally sound.
       ``(B) Limitation.--The Secretary shall not certify a 
     recycler as eligible under this subsection unless the 
     recycler is--
       ``(i) a taxpayer, or
       ``(ii) a State or local government.
       ``(e) Termination.--This section shall not apply with 
     respect to any unit of qualified electronic waste which is 
     recycled after the date which is 3 years after the date on 
     which

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     the final regulations issued pursuant to subsection (d) take 
     effect.''.
       (b) Conforming Amendments.--
       (1) Section 26(a)(1) of the Internal Revenue Code of 1986 
     is amended by striking ``and 25B'' and inserting ``25B, and 
     25C''.
       (2) The table of sections for subpart A of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 25B the 
     following new item:

``Sec. 25C. Consumer credit for recycling electronic waste.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to display screens and system units 
     recycled after the date on which the final regulations issued 
     pursuant to section 30B of subpart A of part IV of subchapter 
     A of chapter 1 of the Internal Revenue Code of 1986 (as added 
     by this section) take effect.

     SEC. 6. PROHIBITIONS OF DISPOSAL WITHOUT RECYCLING.

       (a) Display Screen and System Unit Disposal Ban.--
       (1) In general.--Effective beginning on the date that is 3 
     years after the date of enactment of this Act, if the 
     Administrator determines that a majority of households in the 
     United States have sufficient access to a recycling service 
     for display screens and system units, it shall be unlawful 
     for the operator of a landfill, incinerator, or any other 
     facility for the transfer, disposal, or storage of municipal 
     solid waste to knowingly receive from a consumer a display 
     screen or system unit, except for the purpose of recycling or 
     arranging for the recycling of the display screen or system 
     unit by a recycler certified as an eligible recycler by the 
     Administrator.
       (2) Procedures.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall develop and 
     issue guidelines covering waste handlers and waste transfer 
     stations to assist in developing recycling procedures for 
     display screens and system units.
       (3) Exemptions.--As part of the guidelines issued pursuant 
     to paragraph (2), the Administrator shall classify display 
     screens and system units as universal waste and provide for 
     the exemption of display screens and system units from the 
     requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.) as necessary to facilitate the collection, storage, 
     and transportation of display screens and system units for 
     the purpose of recycling.
       (b) Enforcement.--A violation of subsection (a) by any 
     person or entity shall be subject to enforcement under 
     applicable provisions of the Solid Waste Disposal Act (42 
     U.S.C. 6901 et seq.).

     SEC. 7. RECYCLING OF DISPLAY SCREENS AND SYSTEM UNITS 
                   PROCURED BY THE FEDERAL GOVERNMENT.

       (a) Definition of executive agency.--In this section, the 
     term ``executive agency'' has the meaning given the term in 
     section 11101 of title 40, United States Code.
       (b) Requirement for recycling.--The head of each executive 
     agency shall ensure that each display screen and system unit 
     procured by the Federal Government--
       (1) is recovered upon the termination of the need of the 
     Federal Government for the display screen or system unit; and
       (2) is recycled by a recycler certified as an eligible 
     recycler by the Administrator through--
       (A) a program established after the date of enactment of 
     this Act by the executive agency, either alone or in 
     conjunction with 1 or more other executive agencies; or
       (B) any other program for recycling or reusing display 
     screens and system units.

     SEC. 8. NATIONWIDE RECYCLING PROGRAM.

       (a) Study.--
       (1) In general.--The Administrator, in consultation with 
     appropriate executive agencies (as determined by the 
     Administrator), shall conduct a study of the feasibility of 
     establishing a nationwide recycling program for electronic 
     waste that preempts any State recycling program.
       (2) Inclusions.--The study shall include an analysis of 
     multiple programs, including programs involving--
       (A) the collection of an advanced recycling fee;
       (B) the collection of an end-of-life fee;
       (C) producers of electronics assuming the responsibility 
     and the cost of recycling electronic waste; and
       (D) the extension of a tax credit for recycling electronic 
     waste.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing--
       (1) the results of the study conducted under subsection 
     (a);
       (2) 1 or more prospective nationwide recycling programs, 
     including--
       (A) a cost-benefit analysis of each program, including--
       (i) the cost of the program to--

       (I) consumers;
       (II) manufacturers;
       (III) retailers; and
       (IV) recyclers; and

       (ii) the estimated overhead and administrative expenses of 
     carrying out and monitoring the program; and
       (B) the quantity of display screens and system units 
     projected to be recycled under the program;
       (3)(A) the benefits of establishing a nationwide take-back 
     provision that would require, as part of the program, all 
     manufacturers of display screens or system units for sale in 
     the United States to collect and recycle, or arrange for the 
     recycling of, display screens and system units; and
       (B) a projection of the quantity of display screens and 
     system units that would be recycled annually under a 
     nationwide take-back provision;
       (4)(A) any emerging electronic waste streams, such as--
       (i) cellular telephones; and
       (ii) personal digital assistants; and
       (B) a cost-benefit analysis of including an emerging 
     electronic waste stream in a national recycling program; and
       (5) the progress of the Administrator in carrying out 
     section 6, including--
       (A) information on enforcement of the prohibition; and
       (B) any increase in recycling as a result of the 
     prohibition.
                                 ______