Responsible Electronics Recycling Act - Amends the Solid Waste Disposal Act to: (1) prohibit the export of restricted electronic waste to countries that are not members of the Organization for Economic Cooperation and Development (OECD) or the European Union (EU), or Liechtenstein; (2) require the Administrator of the Environmental Protection Agency (EPA) to develop and promulgate procedures for identifying certain electronic equipment as well as additional restricted toxic materials contained in such equipment which poses a potential hazard to human health or the environment; and (3) establish criminal penalties for knowingly exporting restricted electronic waste in violation of this Act. Allows certain exceptions to such export ban.
Defines "restricted electronic waste" to include electronic equipment (excluding parts of a motor vehicle), such as computers, televisions, printers, copiers, video game systems, telephones, and similar used electronic products, that contain cathode ray tubes, batteries, switches, and other parts containing lead, cadmium, mercury, organic solvents, hexavalent chromium, beryllium, or other toxic ingredients.
Requires persons who handle restricted electronic wastes to permit appropriate EPA and state officials access to such wastes upon request.
Directs the Secretary of Energy to establish a competitive research application program to provide grants for research in the recovering and recycling of critical minerals and rare earth elements found in electronic devices.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2791 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2791
To prohibit the export from the United States of certain electronic
waste, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2013
Mr. Gene Green of Texas (for himself, Mr. Thompson of California, Mr.
McCaul, Mr. Stivers, Ms. Slaughter, and Mr. Coffman) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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. 3025. ELECTRONIC WASTE EXPORT RESTRICTIONS.
``(a) In General.--Beginning on the date that is 30 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, pursuant to
subsection (i)(1), prior to export 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, that the competent
authority in the importing country declares in
writing is not waste, to be used as--
``(I) a direct feedstock in a lead-
glass manufacturing furnace; or
``(II) another feedstock
application that does not require
further processing or preparation other
than quality control.
``(iv) Warranties.--Customer returns, to
point of sale, to original equipment
manufacturers, or to contractual warranty
collectors, of recently purchased covered
electronic equipment--
``(I) that is either--
``(aa) under original
equipment manufacturer warranty
to customers; or
``(bb) 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 item
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; and
``(II) where any export of such
covered electronic equipment is to a
country from whose competent authority
the Administrator receives written
consent pursuant to subsection (h)(1).
``(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)(1).
``(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 Organisation for Economic Co-operation
and Development or the European Union; or
``(2) Liechtenstein.
``(f) Notice to Administrator.--
``(1) In general.--Except as provided in paragraph (2), 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:
``(A) The name, mailing address, telephone number,
and if applicable, the Environmental Protection Agency
or Resource Conservation and Recovery Act
identification number.
``(B) Documentation of licensing of the exporter
under subsection (g).
``(C) The name and site address of the consignee
and any alternate consignee.
``(D) A statement from the exporter that includes--
``(i) a description of the type and total
quantity of covered electronic equipment that
will be exported to the consignee;
``(ii) 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;
``(iii) all points of entry to and
departure from each country through which the
covered electronic equipment will pass in
transit;
``(iv) 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
``(v) a description of the manner in which
the covered electronic equipment will be
treated, stored, or disposed of in the
receiving country.
``(E) 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.
``(2) Exception.--The requirements of paragraph (1) shall
not apply with respect to exports of covered electronic
equipment described in subsection (b)(3)(B)(i), or exports of
covered electronic equipment described in subsection
(b)(3)(B)(ii).
``(g) Licenses.--In order to export covered electronic equipment to
a country described in subsection (e) under the exceptions to
restricted electronic waste in subsection (b)(3)(B), an entity shall
obtain a license for such export that is issued by the Administrator in
accordance with regulations issued under subsection (i)(2).
``(h) Additional Export Conditions.--
``(1) Warranties and recalls.--
``(A) 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--
``(i) 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;
``(ii) the original equipment manufacturer
has a presence and assets in the United States;
and
``(iii) 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--
``(aa) 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
``(bb) 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.
``(B) Acknowledgment of consent.--
``(i) 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.
``(ii) 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.
``(iii) 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.
``(C) 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.
``(2) Reuse.--No person shall export covered electronic
equipment to a country described in subsection (e) under the
exception to restricted electronic waste in subsection
(b)(3)(B)(ii) unless such covered electronic equipment is
accompanied by documentation that is available for review,
including--
``(A) documentation of licensing of the exporter
under subsection (g); and
``(B) a declaration signed by an officer or
designated representative of the exporter asserting
that such equipment--
``(i) was tested, pursuant to subsection
(i)(1), after it was removed from service, or
after it was repaired or refurbished, and is
functional in accordance with the requirements
of subsection (b)(3)(B)(ii); and
``(ii) is being exported for the purpose of
direct reuse, and not for recycling or final
disposal.
``(3) De minimis exports.--No person shall export covered
electronic equipment described in subsection (b)(3)(B)(i)
unless such equipment is accompanied by documentation of
licensing of the exporter under subsection (g).
``(4) Certain transactions.--In the case of a routed export
transaction of covered electronic equipment under the
exceptions to restricted electronic waste in subsection
(b)(3)(B) where the exporter of record is a Foreign Principle
Party in Interest (FFPI), then the U.S. Principle Party in
Interest (USPPI) is responsible for compliance with the
requirements of this section, including the licensing
requirements under subsection (g).
``(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 the following:
``(1) Testing requirements for covered electronic equipment
proposed to be exported pursuant to the exception to restricted
electronic waste in subsection (b)(3)(B)(ii).
``(2) Establishing a process for licensing entities under
subsection (g), including requirements that entities proposing
to export covered electronic equipment under the exceptions to
restricted electronic waste in subsection (b)(3)(B) must meet
to obtain a license, including documentation that--
``(A) the exporter has an adequate physical
presence in the United States, as determined by the
Administrator, in order to be able to physically manage
the equipment being exported; and
``(B) with respect to covered electronic equipment
that is being exported for reuse pursuant to the
exception to restricted electronic waste in subsection
(b)(3)(B)(ii), the exporter has procedures and controls
in place to ensure that adequate testing, pursuant to
paragraph (1), will occur to determine the
functionality of such equipment, in accordance with the
requirements of such subsection (b)(3)(B)(ii).
``(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,
including--
``(i) procedures to ensure that exports of
covered electronic equipment under the
exception to restricted electronic waste in
subsection (b)(3)(B)(ii) without proper
documentation required under subsection (h)(2)
shall not proceed out of the port; and
``(ii) procedures whereby entities who
obtain a license for export under subsection
(g) will forfeit such license for violation of
this section.
``(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.''.
(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 3024 the following new item:
``Sec 3025. 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 3025;''.
(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. CRITICAL MINERALS AND RARE EARTH ELEMENTS RECYCLING RESEARCH.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Critical minerals.--The term ``critical mineral'' means
any of the following chemical elements in any physical form or
chemical combination:
(A) Antimony.
(B) Beryllium.
(C) Cobalt.
(D) Fluorspar.
(E) Gallium.
(F) Germanium.
(G) Graphite.
(H) Indium.
(I) Magnesium.
(J) Niobium.
(K) Platinum group metals (PGMs).
(L) Tantalum.
(M) Tungsten.
(N) Other elements identified by the Secretary as
in critical supply.
(3) Rare earth elements.--The term ``rare earth element''
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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Research on Critical Minerals and Rare Earth Elements in
Electronic Devices.--The Secretary, in consultation with the
Administrator and the heads of other appropriate Federal agencies,
shall assist in, and coordinate the development of, research in the
recovering and recycling of critical minerals and rare earth elements
found in electronic devices.
(c) Grants.--Not later than 120 days after the date of enactment of
this Act, 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 critical
minerals and rare earth elements from electronics.
(2) Technology, component, and material design of
electronics more suitable for disassembly and recycling of
critical minerals and rare earth elements.
(3) Collection, logistics, and reverse supply chain
optimization as related to recycling critical minerals and rare
earth elements from electronics.
(d) Grant Requirements.--The Secretary shall issue requirements for
applying for grants under subsection (c).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Environment and the Economy.
Referred to the Subcommittee on Energy.
Referred to the Subcommittee on Environment.
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