[Congressional Record Volume 157, Number 100 (Thursday, July 7, 2011)]
[Senate]
[Page S4447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 RESPONSIBLE ELECTRONICS RECYCLING ACT

  Mr. WHITEHOUSE. Mr. President, I rise to make remarks on the 
introduction of the Responsible Electronics Recycling Act. I would like 
to thank Senators Sherrod Brown and Lisa Murkowski for joining me in 
this bipartisan effort, as well as the House sponsors, Representatives 
Gene Green, Mike Thompson, Steven LaTourette, and Lee Terry.
  Significant amounts of U.S. electronic waste are currently exported 
to developing countries that handle the waste in an unsafe manner. Much 
of this waste contains toxic materials, such as lead and mercury, and 
the workers who disassemble and process the electronics use crude, 
unsafe methods that can lead to health problems. This legislation would 
put an end to these dangerous practices. The Responsible Electronics 
Recycling Act would restrict the export of electronic waste, help boost 
the U.S. recycling industry, and support efforts to domestically 
recover rare earth materials found in electronics.
  The United States is the only developed country that has not ratified 
the Basel Convention, which prohibits exports of hazardous waste to 
developing countries. Under the convention, much of the U.S. 
exportation of electronic waste to developing countries is illegal 
under the laws of the receiving countries but unfortunately, these laws 
are poorly enforced.
  If we recycled these materials in the U.S., it would create recycling 
jobs for U.S. workers. Companies recycling in the U.S. often operate 
under capacity because they cannot compete with the cheaper option of 
exporting electronic waste to developing countries. We should be 
processing this waste using U.S. workers, and many companies stand at 
the ready to begin recycling additional electronic waste.
  Moreover, the dumping of used electronics in the developing world can 
come back to haunt us. Some countries have active underground markets 
for U.S. hard drives, contributing to identity theft, as documented in 
a 2009 Frontline investigation. Business Week reported in 2010 that 
used computer chips from old personal computers are fraudulently re-
marked in China as ``military grade'' chips and sold to U.S. military 
suppliers. Given the risks to our armed forces from defective 
equipment, I have also introduced the Combating Military Counterfeits 
Act to enhance the ability of prosecutors to keep counterfeit goods out 
of the military supply chain.
  One of the benefits of recycling electronic waste domestically is the 
potential to recover rare elements in the process. Rare earth materials 
are vital to a number of manufacturing processes, including for 
products such as hybrid car batteries and solar panels, yet prices have 
skyrocketed as global supply has tightened. According to the Department 
of Energy, recycled content from electronics could be a valuable 
secondary source of rare earth materials, but additional research is 
required on recovery techniques and collection of electronic waste. 
This act would establish the Rare Earth Materials Recycling Research 
Initiative at the Department of Energy to coordinate research into the 
recovery of rare earth materials used in electronics.
  The Responsible Electronics Recycling Act would also address the 
health, environmental, and national security concerns by amending the 
Solid Waste Disposal Act to prohibit the export of electronic waste to 
developing countries, with certain exceptions. These exceptions include 
legitimate exports of tested and working equipment, warranty returns, 
and recalls. There is also a de minimis exception to allow the export 
of materials that have so little toxicity they would not pose a risk to 
human health or the environment. Exporting under the exceptions would 
require a license and notice to the Environmental Protection Agency. 
Additional restrictions apply to exports for warranties or recalls, 
including written consent from the receiving country. The act creates a 
criminal penalty for knowingly exporting electronic waste, and provides 
the EPA the authority to inspect establishments handling electronic 
waste.
  Twenty-five States, including Rhode Island, have passed electronic 
waste recycling laws. States such as Rhode Island already seek to 
ensure that their downstream recyclers do not export the electronic 
waste but instead responsibly recycle it here in the U.S. But States 
can only do so much and a federal law is needed to restrict these 
harmful exports.
  We are pleased to have the support of a number of electronics 
manufacturers and retailers, including Hewlett Packard, Dell, Apple, 
Samsung, and Best Buy. We are also pleased to have the endorsement of 
29 recyclers representing 74 recycling operations in 34 states. The 
breadth of our coalition is a testament to the consensus that the 
harmful export of these products must stop.
  With more and more Americans relying on new technologies and 
generating a growing amount of electronic waste each year, we must take 
steps to properly dispose of this material. This legislation will crack 
down on the dumping of electronic waste on developing countries, 
protect American consumers from counterfeit schemes and identity theft, 
and support the growth of electronic waste recycling jobs in Rhode 
Island and across the country.

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