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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Reported in Senate (RS)]

                                                       Calendar No. 351
111th CONGRESS
  2d Session
                                S. 1397

                          [Report No. 111-168]

 To authorize the Administrator of the Environmental Protection Agency 
to award grants for electronic device recycling research, development, 
          and demonstration projects, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 6, 2009

 Ms. Klobuchar (for herself, Mrs. Gillibrand, Ms. Collins, Mr. Durbin, 
Ms. Landrieu, Mr. Merkley, and Mrs. Feinstein) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

                             April 19, 2010

        Reported by Mr. Reid (for Mrs. Boxer), with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To authorize the Administrator of the Environmental Protection Agency 
to award grants for electronic device recycling research, development, 
          and demonstration projects, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Electronic Device Recycling 
Research and Development Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) The volume of electronic devices in the United 
        States is substantial and will continue to grow. The 
        Environmental Protection Agency estimates that over 2 billion 
        computers, televisions, wireless devices, printers, gaming 
        systems, and other devices have been sold since 1980, 
        generating 2 million tons of unwanted electronic devices in 
        2005 alone.</DELETED>
        <DELETED>    (2) Electronic devices can be recycled or 
        refurbished to recover and conserve valuable materials, such as 
        gold, copper, and platinum. However, according to the 
        Environmental Protection Agency, only 15 to 20 percent of 
        electronic devices discarded from households reach 
        recyclers.</DELETED>
        <DELETED>    (3) The electronic device recycling industry in 
        the United States is growing; however, challenges remain for 
        the recycling of electronic devices by households and other 
        small generators. Collection of such electronic devices is 
        expensive, and separation and proper recycling of some of the 
        materials recovered, like lead from cathode-ray tube 
        televisions, is costly.</DELETED>
        <DELETED>    (4) The export of unwanted electronic devices to 
        developing countries also presents a serious challenge. The 
        crude methods of many of the recycling operations in these 
        countries can expose workers to harmful chemicals, jeopardizing 
        their health and polluting the environment.</DELETED>
        <DELETED>    (5) Some of the challenges to increasing the 
        recyclability of electronic devices can be addressed by 
        improving the logistics and technology of the collection and 
        recycling process, designing electronic devices to avoid the 
        use of hazardous materials and to be more easily recycled, and 
        encouraging the use of recycled materials in more 
        applications.</DELETED>
        <DELETED>    (6) The public currently does not take full 
        advantage of existing electronic device recycling 
        opportunities. Studying factors that influence behavior and 
        educating consumers about responsible electronic device 
        recycling could help communities and private industry develop 
        recycling programs that draw more participation.</DELETED>
        <DELETED>    (7) The development of tools and technologies to 
        increase the lifespan of electronic devices and to promote 
        their safe reuse would decrease the impact of the production of 
        electronic devices on the environment and likely increase the 
        recyclability of such devices.</DELETED>
        <DELETED>    (8) Accurately assessing the environmental impacts 
        of the production of electronic devices and the recycling of 
        such devices is a complex task. Data, tools, and methods to 
        better quantify these impacts would help policymakers and 
        others determine the best end-of-life management options for 
        electronic devices.</DELETED>

<DELETED>SEC. 3. ELECTRONIC DEVICE ENGINEERING RESEARCH, DEVELOPMENT, 
              AND DEMONSTRATION PROJECTS.</DELETED>

<DELETED>    (a) In General.--The Administrator shall award multiyear 
grants to consortia to conduct research to create innovative and 
practical approaches to manage the environmental impacts of electronic 
devices and, through the conduct of this research, to contribute to the 
professional development of scientists, engineers, and technicians in 
the fields of electronic device manufacturing, design, refurbishing, 
and recycling. The grants awarded under this section shall support 
research to--</DELETED>
        <DELETED>    (1) increase the efficiency of and improve 
        electronic device collection and recycling;</DELETED>
        <DELETED>    (2) expand the uses and applications for materials 
        recovered from electronic devices;</DELETED>
        <DELETED>    (3) develop and demonstrate environmentally 
        friendly alternatives to the use of hazardous and potentially 
        hazardous materials in electronic devices and the production of 
        such devices;</DELETED>
        <DELETED>    (4) develop methods to identify, separate, and 
        remove hazardous and potentially hazardous materials from 
        electronic devices and to reuse, recycle, or dispose of such 
        materials in a safe manner;</DELETED>
        <DELETED>    (5) reconsider product design and assembly to 
        facilitate and improve refurbishment, reuse, and recycling of 
        electronic devices, including an emphasis on design for 
        recycling;</DELETED>
        <DELETED>    (6) conduct lifecycle analyses of electronic 
        devices, including developing tools and methods to assess the 
        environmental impacts of the production, use, and end-of-life 
        management of electronic devices and electronic device 
        components;</DELETED>
        <DELETED>    (7) develop product design, tools, and techniques 
        to extend the lifecycle of electronic devices, including 
        methods to promote their upgrade and safe reuse; and</DELETED>
        <DELETED>    (8) identify the social, behavioral, and economic 
        barriers to recycling and reuse for electronic devices and 
        develop strategies to increase awareness, consumer acceptance, 
        and the practice of responsible recycling and reuse for such 
        devices.</DELETED>
<DELETED>    (b) Merit Review; Competition.--Grants shall be awarded 
under this section on a merit-reviewed, competitive basis.</DELETED>
<DELETED>    (c) Applications.--A consortium shall submit an 
application for a grant under this section to the Administrator at such 
time, in such manner, and containing such information and assurances as 
the Administrator may require. The application shall include a 
description of--</DELETED>
        <DELETED>    (1) the research project that will be undertaken 
        by the consortium and the contributions of each of the 
        participating entities, including the for-profit 
        entity;</DELETED>
        <DELETED>    (2) the applicability of the project to reduce 
        impediments to electronic device recycling in the electronic 
        device design, manufacturing, refurbishing, or recycling 
        industries;</DELETED>
        <DELETED>    (3) the potential for and feasibility of 
        incorporating the research results into industry practice; 
        and</DELETED>
        <DELETED>    (4) how the project will promote collaboration 
        among scientists and engineers from different disciplines, such 
        as electrical engineering, materials science, and social 
        science.</DELETED>
<DELETED>    (d) Dissemination of Research Results.--Research results 
shall be made publicly available through--</DELETED>
        <DELETED>    (1) development of best practices or training 
        materials for use in the electronic device manufacturing, 
        design, refurbishing, or recycling industries;</DELETED>
        <DELETED>    (2) dissemination at conferences affiliated with 
        such industries;</DELETED>
        <DELETED>    (3) publication on the Environmental Protection 
        Agency's Web site;</DELETED>
        <DELETED>    (4) demonstration projects; or</DELETED>
        <DELETED>    (5) educational materials for the public produced 
        in conjunction with State governments, local governments, or 
        nonprofit organizations on problems and solutions related to 
        electronic device recycling and reuse.</DELETED>
<DELETED>    (e) Funding Contribution From For-Profit Member of 
Consortium.--The for-profit entity participating in the consortium 
shall contribute at least 10 percent of the total research project 
cost, either directly or with in-kind contributions.</DELETED>
<DELETED>    (f) Protection of Proprietary Information.--The 
Administrator--</DELETED>
        <DELETED>    (1) shall not disclose any proprietary information 
        or trade secrets provided by any person or entity pursuant to 
        this section;</DELETED>
        <DELETED>    (2) shall ensure that, as a condition of receipt 
        of a grant under this section, each member of the consortium 
        has in place proper protections to maintain proprietary 
        information or trade secrets contributed by other members of 
        the consortium; and</DELETED>
        <DELETED>    (3) if any member of the consortium breaches the 
        conditions under paragraph (2) or discloses proprietary 
        information or trade secrets, may require the return of any 
        funds received under this section by such member.</DELETED>
<DELETED>    (g) Biennial Report.--Within 2 years after the date of 
enactment of this Act, and every 2 years thereafter, the Administrator 
shall transmit a report to Congress that provides--</DELETED>
        <DELETED>    (1) a list of the grants awarded under this 
        section;</DELETED>
        <DELETED>    (2) the entities participating in each consortium 
        receiving a grant;</DELETED>
        <DELETED>    (3) a description of the research projects carried 
        out in whole or in part with funds made available under such a 
        grant;</DELETED>
        <DELETED>    (4) the results of such research projects; 
        and</DELETED>
        <DELETED>    (5) a description of the rate and success of the 
        adoption or integration of such research results into the 
        manufacturing processes, management practices, and products of 
        the electronics industry.</DELETED>
<DELETED>    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to the Administrator to carry out this 
section:</DELETED>
        <DELETED>    (1) $18,000,000 for fiscal year 2010.</DELETED>
        <DELETED>    (2) $20,000,000 for fiscal year 2011.</DELETED>
        <DELETED>    (3) $22,000,000 for fiscal year 2012.</DELETED>

<DELETED>SEC. 4. NATIONAL ACADEMY OF SCIENCES REPORT ON ELECTRONIC 
              DEVICE RECYCLING.</DELETED>

<DELETED>    (a) In General.--In order to better recognize gaps and 
opportunities in the research and training programs established in this 
Act, the Administrator shall enter into an arrangement with the 
National Academy of Sciences for a report, to be transmitted to 
Congress not later than 1 year after the date of enactment of this Act, 
on--</DELETED>
        <DELETED>    (1) opportunities for and barriers to--</DELETED>
                <DELETED>    (A) increasing the recyclability of 
                electronic devices, specifically addressing--</DELETED>
                        <DELETED>    (i) recycling or safe disposal of 
                        electronic devices and low value materials 
                        recovered from such devices;</DELETED>
                        <DELETED>    (ii) designing electronic devices 
                        to facilitate reuse and recycling; 
                        and</DELETED>
                        <DELETED>    (iii) the reuse of electronic 
                        devices; and</DELETED>
                <DELETED>    (B) making electronic devices safer and 
                more environmentally friendly, specifically addressing 
                reducing the use of hazardous materials and potentially 
                hazardous materials in electronic devices;</DELETED>
        <DELETED>    (2) the environmental and human health risks posed 
        by the storage, transport, recycling, and disposal of unwanted 
        electronic devices;</DELETED>
        <DELETED>    (3) the current status of research and training 
        programs to promote the environmental design of electronic 
        devices to increase the recyclability of such devices; 
        and</DELETED>
        <DELETED>    (4) any regulatory or statutory barriers that may 
        prevent the adoption or implementation of best management 
        practices or technological innovations that may arise from the 
        research and training programs established in this 
        Act.</DELETED>
<DELETED>    (b) Recommendations.--The report under subsection (a) 
shall identify gaps in the current research and training programs in 
addressing the opportunities, barriers, and risks relating to 
electronic device recycling, and the report shall recommend areas where 
additional research and development resources are needed to reduce the 
impact of unwanted electronic devices on the environment.</DELETED>

<DELETED>SEC. 5. ENGINEERING CURRICULUM DEVELOPMENT GRANTS.</DELETED>

<DELETED>    (a) Grant Program.--The Administrator, in consultation 
with the Director of the National Science Foundation, shall award 
grants to institutions of higher education to develop curricula that 
incorporates the principles of environmental design into the 
development of electronic devices--</DELETED>
        <DELETED>    (1) for the training of electrical, mechanical, 
        industrial, manufacturing, materials, and software engineers 
        and other students at the undergraduate and graduate level; 
        and</DELETED>
        <DELETED>    (2) to support the continuing education of 
        professionals in the electronic device manufacturing, design, 
        refurbishing, or recycling industries.</DELETED>
<DELETED>    (b) Eligible Entities.--The term ``institution of higher 
education'', as such term is used with respect to eligibility to 
receive a grant under subsection (a)(2), includes any institution of 
higher education under section 101(b) of the Higher Education Act of 
1965 (20 U.S.C. 1001(b)).</DELETED>
<DELETED>    (c) Outreach to Minority Serving Institutions.--The 
Administrator shall conduct outreach to minority serving institutions 
for the purposes of providing information on the grants available under 
this section and how to apply for such grants.</DELETED>
<DELETED>    (d) Merit Review; Competition.--Grants shall be awarded 
under this section on a merit-reviewed, competitive basis.</DELETED>
<DELETED>    (e) Use of Funds.--Grants awarded under this section shall 
be used for activities that enhance the ability of an institution of 
higher education to broaden the undergraduate and graduate-level 
engineering curriculum or professional continuing education curriculum 
to include environmental engineering design principles and 
consideration of product lifecycles related to electronic devices and 
increasing the recyclability of such devices. Activities may include--
</DELETED>
        <DELETED>    (1) developing and revising curriculum to include 
        multidisciplinary elements;</DELETED>
        <DELETED>    (2) creating research and internship opportunities 
        for students through partnerships with industry, nonprofit 
        organizations, or government agencies;</DELETED>
        <DELETED>    (3) creating and establishing certificate 
        programs; and</DELETED>
        <DELETED>    (4) developing curricula for short courses and 
        continuing education for professionals in the environmental 
        design of electronic devices to increase the recyclability of 
        such devices.</DELETED>
<DELETED>    (f) Application.--An institution of higher education 
seeking a grant under this section shall submit an application to the 
Administrator at such time, in such manner, and with such information 
and assurances as the Administrator may require.</DELETED>
<DELETED>    (g) Authorization of Appropriations.--There are authorized 
to be appropriated to the Administrator to carry out this 
section:</DELETED>
        <DELETED>    (1) $5,000,000 for fiscal year 2010.</DELETED>
        <DELETED>    (2) $5,150,000 for fiscal year 2011.</DELETED>
        <DELETED>    (3) $5,304,000 for fiscal year 2012.</DELETED>

<DELETED>SEC. 6. ENVIRONMENTALLY FRIENDLY ALTERNATIVE MATERIALS 
              PHYSICAL PROPERTY DATABASE.</DELETED>

<DELETED>    (a) In General.--The Director shall establish an 
initiative to develop a comprehensive physical property database for 
environmentally friendly alternative materials for use in electronic 
devices.</DELETED>
<DELETED>    (b) Priorities.--The Director, working with the electronic 
device design, manufacturing, or recycling industries, shall develop a 
strategic plan to establish priorities and the physical property 
characterization requirements for the database described in subsection 
(a).</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Administrator to carry out this 
section:</DELETED>
        <DELETED>    (1) $3,000,000 for fiscal year 2010.</DELETED>
        <DELETED>    (2) $3,000,000 for fiscal year 2011.</DELETED>
        <DELETED>    (3) $3,000,000 for fiscal year 2012.</DELETED>

<DELETED>SEC. 7. DEFINITIONS.</DELETED>

<DELETED>    For the purposes of this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Environmental Protection 
        Agency.</DELETED>
        <DELETED>    (2) Consortium.--The term ``consortium'' means a 
        grant applicant or recipient under section 3(a) that includes--
        </DELETED>
                <DELETED>    (A) at least one institution of higher 
                education, nonprofit research institution, or 
                government laboratory; and</DELETED>
                <DELETED>    (B) at least one for-profit entity, 
                including a manufacturer, designer, refurbisher, or 
                recycler of electronic devices or the components of 
                such devices.</DELETED>
        <DELETED>    (3) Director.--The term ``Director'' means the 
        Director of the National Institute of Standards and 
        Technology.</DELETED>
        <DELETED>    (4) Electronic device.--The term ``electronic 
        device'' may include computers, computer monitors, televisions, 
        laptops, printers, wireless devices, copiers, fax machines, 
        stereos, video gaming systems, and the components of such 
        devices.</DELETED>
        <DELETED>    (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).</DELETED>
        <DELETED>    (6) Minority serving institution.--The term 
        ``minority serving institution'' means an institution that is 
        an eligible institution under section 371(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(a)).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Device Recycling Research 
and Development Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the volume of electronic devices in the United States 
        is substantial and will continue to increase;
            (2) the Environmental Protection Agency estimates that more 
        than 2,000,000,000 computers, televisions, wireless devices, 
        printers, gaming systems, and other devices have been sold 
        since 1980, generating 2,000,000 tons of unwanted electronic 
        devices in 2005 alone;
            (3) electronic devices can be recycled or refurbished to 
        recover and conserve valuable materials, such as gold, copper, 
        and platinum, but, according to the Environmental Protection 
        Agency, only 15 to 20 percent of electronic devices discarded 
        from households reach recyclers;
            (4) the electronic device recycling industry in the United 
        States is growing, but challenges remain for the recycling of 
        electronic devices by households and other small generators;
            (5) collection of those electronic devices is expensive, 
        and separation and proper recycling of some of the materials 
        recovered, such as lead from cathode-ray tube televisions, is 
        costly;
            (6) the export of unwanted electronic devices to developing 
        countries also presents a serious challenge;
            (7) the crude methods of many of the recycling operations 
        in those countries can expose workers to harmful chemicals, 
        jeopardizing the health of the workers and polluting the 
        environment;
            (8) some of the challenges to increasing the recyclability 
        of electronic devices can be addressed by--
                    (A) improving the logistics and technology of the 
                collection and recycling process;
                    (B) designing electronic devices to avoid the use 
                of hazardous materials and to be more easily recycled; 
                and
                    (C) encouraging the use of recycled materials in 
                more applications;
            (9) the public currently does not take full advantage of 
        existing electronic device recycling opportunities;
            (10) studying factors that influence behavior and educating 
        consumers about responsible electronic device recycling could 
        help communities and private industry develop recycling 
        programs that draw more participation;
            (11) the development of tools and technologies to increase 
        the lifespan of electronic devices and to promote the safe 
        reuse of those devices would decrease the impact of the 
        production of electronic devices on the environment and likely 
        increase the recyclability of those devices;
            (12) accurately assessing the environmental impacts of the 
        production of electronic devices and the recycling of those 
        devices is a complex task; and
            (13) data, tools, and methods to better quantify those 
        impacts would help policymakers and others determine the best 
        end-of-life management options for electronic devices.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Academy.--The term ``Academy'' means the National 
        Academy of Sciences.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Consortium.--The term ``consortium'' means a grant 
        applicant or recipient under section 4(a) that includes--
                    (A) at least 1 institution of higher education, 
                nonprofit research institution, or government 
                laboratory; and
                    (B) at least 1 for-profit entity, including a 
                manufacturer, designer, refurbisher, or recycler of 
                electronic devices or the components of those devices.
            (4) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
            (5) Electronic device.--The term ``electronic device'' 
        includes computers, computer monitors, televisions, laptops, 
        printers, wireless devices, copiers, fax machines, stereos, 
        video gaming systems, and the components of those devices.
            (6) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) has the meaning given the term in section 
                101(a) of the Higher Education Act of 1965 (20 U.S.C. 
                1001(a)); and
                    (B) for the purpose of section 7(a)(2), includes 
                any institution of higher education under section 
                101(b) of that Act (20 U.S.C. 1001(b)).
            (7) Minority serving institution.--The term ``minority 
        serving institution'' means an institution that is an eligible 
        institution under section 371(a) of the Higher Education Act of 
        1965 (20 U.S.C. 1067q(a)).

SEC. 4. ELECTRONIC DEVICE ENGINEERING RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION PROJECTS GRANT PROGRAM.

    (a) Grant Program.--
            (1) In general.--The Administrator shall provide multiyear 
        grants to consortia--
                    (A) to conduct research to create innovative and 
                practical approaches to manage the environmental 
                impacts of electronic devices; and
                    (B) through the conduct of that research, to 
                contribute to the professional development of 
                scientists, engineers, and technicians in the fields of 
                electronic device manufacturing, design, refurbishing, 
                and recycling.
            (2) Types of research.--The grants provided under this 
        section shall support research--
                    (A) to provide data and information on--
                            (i) effects, human exposures, environmental 
                        releases, and recycling and disposal processes; 
                        and
                            (ii) changes to manufacturing and other 
                        processes, such as refurbishing and recycling, 
                        to reduce--
                                    (I) adverse human health and 
                                environmental impacts; and
                                    (II) the volume of unwanted 
                                electronic devices;
                    (B) to increase the efficiency of and improve 
                electronic device collection and recycling;
                    (C) to expand the uses and applications for 
                materials recovered from electronic devices;
                    (D) to develop and demonstrate environmentally 
                preferable alternatives to the use of toxic, hazardous, 
                potentially hazardous, or scarce materials in 
                electronic devices and the production of those devices;
                    (E) to develop methods to identify, separate, and 
                remove hazardous and potentially hazardous materials 
                from electronic devices and to reuse, recycle, or 
                dispose of those materials in a safe manner;
                    (F) to modify product design and assembly to 
                facilitate and improve refurbishment, reuse, and 
                recycling of electronic devices, including an emphasis 
                on design for recycling;
                    (G) to conduct lifecycle analyses of electronic 
                devices, including developing tools and methods to 
                assess the environmental impacts of the production, 
                use, and end-of-life management of electronic devices 
                and electronic device components;
                    (H) to develop product design, tools, and 
                techniques to extend the lifecycle of electronic 
                devices, including methods to promote the upgrade and 
                safe reuse of those devices;
                    (I) to identify the social, behavioral, and 
                economic barriers to recycling and reuse for electronic 
                devices and develop strategies to increase awareness, 
                consumer acceptance, and the practice of responsible 
                recycling and reuse for those devices;
                    (J) to characterize environmental releases from 
                electronic device recycling processes, including--
                            (i) evaluating dermal or inhalation 
                        exposure to dusts or fumes from shredding, 
                        disassembly, or thermal processes; and
                            (ii) investigating appropriate control or 
                        mitigation processes;
                    (K) to assess exposure risks, and develop control 
                and strategies to mitigate contaminant releases, from 
                disposal of electronic devices and recycling residuals, 
                such as landfill leachate, smelter emissions, and 
                smelter residues that pose human health and 
                environmental risks;
                    (L) to evaluate alternative materials and 
                management processes that would reduce toxics use, 
                extend product life, and enhance recycling of 
                electronic devices over disposal;
                    (M) to quantify the environmental benefits of 
                making the purchase, use, and end-of-life management of 
                electronic devices more environmentally preferable, 
                including improved designs to enhance the reuse and 
                recyclability of new electronic devices through 
                research on materials and life cycle impacts;
                    (N) to characterize the flow of unwanted electronic 
                devices in global commerce, including identifying--
                            (i) specific hazardous materials and the 
                        products that contain the materials; and
                            (ii) the ultimate destinations of those 
                        materials through reuse, disposal, or 
                        incorporation in new products;
                    (O) to develop methods to discourage exports to 
                countries with unsafe recycling practices of recyclable 
                materials from electronic devices that could be 
                processed into usable commodities in the United States 
                or in North America, including identifying--
                            (i) what kind of additional, specialized 
                        capacity is needed;
                            (ii) existing barriers to the development 
                        of that capacity; and
                            (iii) options for overcoming those 
                        barriers;
                    (P) to assess--
                            (i) current recovery rates for precious and 
                        critical metals in various processing regimes, 
                        such as manual disassembly, shredding of whole 
                        or partially dismantled electronic devices, and 
                        smelting; and
                            (ii) how to optimize the recovery of 
                        precious metals and critical metals in the 
                        recycling of discarded electronic devices;
                    (Q) to track quantities of specific elements and 
                substances used in electronic devices over time; and
                    (R) to determine current and predicted quantities 
                and types of electronic devices used, stored, 
                generated, collected for recycling, exported, and 
                disposed to quantify and analyze the flow of electronic 
                devices from the point of sale to the end of life of 
                the devices.
    (b) Merit Review; Competition.--Grants shall be provided under this 
section on a merit-reviewed, competitive basis.
    (c) Applications.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a consortium shall submit an application for the 
        grant to the Administrator at such time, in such manner, and 
        containing such information and assurances as the Administrator 
        may require.
            (2) Requirements.--The application shall include a 
        description of--
                    (A) the research project that will be undertaken by 
                the consortium and the contributions of each of the 
                participating entities, including the for-profit 
                entity;
                    (B) the applicability of the project to reduce 
                impediments to electronic device recycling in the 
                electronic device design, manufacturing, refurbishing, 
                or recycling industries;
                    (C) the potential for and feasibility of 
                incorporating the research results into industry 
                practice; and
                    (D) how the project will promote collaboration 
                among scientists and engineers from different 
                disciplines, such as electrical engineering, materials 
                science, and social science.
    (d) Dissemination of Research Results.--Research results shall be 
made publicly available through--
            (1) publication on the website of the Environmental 
        Protection Agency;
            (2) the development of best practices or training materials 
        for use in the electronic device manufacturing, design, 
        refurbishing, or recycling industries;
            (3) the dissemination at conferences affiliated with those 
        industries;
            (4) demonstration projects; or
            (5) educational materials for the public produced in 
        conjunction with State governments, local governments, or 
        nonprofit organizations on problems and solutions relating to 
        electronic device recycling and reuse.
    (e) Funding Contribution From For-Profit Member of Consortium.--To 
be eligible for a grant under this section, the for-profit entity 
participating in the consortium shall contribute at least 10 percent of 
the total research project cost, either directly or through the 
provision of in-kind contributions.
    (f) Protection of Proprietary Information.--The Administrator--
            (1) shall not disclose any proprietary information or trade 
        secrets provided by any person or entity pursuant to this 
        section;
            (2) shall ensure that, as a condition of receipt of a grant 
        under this section, each member of the consortium has in place 
        proper protections to maintain proprietary information or trade 
        secrets contributed by other members of the consortium; and
            (3) if any member of the consortium breaches the conditions 
        under paragraph (2) or discloses proprietary information or 
        trade secrets, may require the return of any funds received 
        under this section by the member.
    (g) Biennial Report.--Not later than 2 years after the date of 
enactment of this Act and every 2 years thereafter until Congress does 
not provide funds to carry out this Act, the Administrator shall submit 
to Congress a report that provides--
            (1) a list of the grants provided under this section;
            (2) a list of the entities participating in each consortium 
        receiving a grant;
            (3) a description of the research projects carried out in 
        whole or in part with funds made available under such a grant;
            (4) the results of those research projects; and
            (5) a description of the rate and success of the adoption 
        or integration of such research results into the manufacturing 
        processes, management practices, and products of the 
        electronics industry.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section--
            (1) $18,000,000 for fiscal year 2011;
            (2) $20,000,000 for fiscal year 2012; and
            (3) $22,000,000 for fiscal year 2013.

SEC. 5. ELECTRONIC DEVICE ENGINEERING RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION PROJECTS OF ENVIRONMENTAL PROTECTION 
              AGENCY.

    (a) In General.--The Administrator, through an applied research 
program of the Office of Research and Development of the Environmental 
Protection Agency, shall conduct research for the purposes described in 
and on the topics listed in section 4(a).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section $10,000,000 
for each of fiscal years 2011 through 2013.

SEC. 6. NATIONAL ACADEMY OF SCIENCES REPORT ON ELECTRONIC DEVICE 
              RECYCLING.

    (a) In General.--In order to better identify gaps and opportunities 
in the research and training programs established under this Act, the 
Administrator shall enter into an arrangement with the Academy under 
which the Academy shall, not later than 1 year after the date of 
enactment of this Act, complete and submit to Congress a report on--
            (1) opportunities for and barriers to--
                    (A) increasing the recyclability of electronic 
                devices, specifically addressing--
                            (i) recycling or safe disposal of 
                        electronic devices and low-value materials 
                        recovered from those devices;
                            (ii) designing electronic devices to 
                        facilitate reuse and recycling; and
                            (iii) the reuse of electronic devices; and
                    (B) making electronic devices safer and more 
                environmentally preferable, specifically addressing 
                reducing the use of hazardous materials and potentially 
                hazardous materials in electronic devices;
            (2) the environmental and human health risks posed by the 
        storage, transport, recycling, and disposal of unwanted 
        electronic devices;
            (3) the current status of research and training programs to 
        promote the environmental design of electronic devices to 
        increase the recyclability of those devices;
            (4) any regulatory or statutory barriers that may prevent 
        the adoption or implementation of best management practices or 
        technological innovations that may arise from the research and 
        training programs established under this Act; and
            (5) the direct and indirect economic and domestic 
        employment impacts associated with recycling and harvesting 
        materials from unwanted electronic devices in lieu of the 
        disposal of those devices directly in landfills.
    (b) Recommendations.--The report under subsection (a) shall--
            (1) identify gaps in the research and training programs in 
        addressing the opportunities, barriers, and risks relating to 
        electronic device recycling; and
            (2) recommend areas in which additional research and 
        development resources are needed to reduce the impact of 
        unwanted electronic devices on the environment.

SEC. 7. ENGINEERING CURRICULUM DEVELOPMENT GRANTS.

    (a) Grant Program.--The Administrator, in consultation with the 
Director of the National Science Foundation, shall provide grants to 
institutions of higher education to develop curricula that incorporates 
the principles of environmental design into the development of 
electronic devices--
            (1) for the training of electrical, mechanical, industrial, 
        manufacturing, materials, and software engineers and other 
        students at the undergraduate and graduate levels; and
            (2) to support the continuing education of professionals in 
        the electronic device manufacturing, design, refurbishing, or 
        recycling industries.
    (b) Outreach to Minority Serving Institutions.--The Administrator 
shall conduct outreach to minority serving institutions for the 
purposes of providing information on--
            (1) the grants available under this section; and
            (2) the application process for those grants.
    (c) Merit Review; Competition.--Grants shall be provided under this 
section on a merit-reviewed, competitive basis.
    (d) Use of Funds.--
            (1) In general.--Grants provided under this section shall 
        be used for activities that enhance the ability of an 
        institution of higher education to broaden the undergraduate 
        and graduate-level engineering curriculum or professional 
        continuing education curriculum--
                    (A) to include environmental engineering design 
                principles and consideration of product lifecycles 
                relating to electronic devices; and
                    (B) to increase the recyclability of those devices.
            (2) Included activities.--Activities carried out using 
        funds from a grant may include--
                    (A) developing and revising curriculum to include 
                multidisciplinary elements;
                    (B) creating research and internship opportunities 
                for students through partnerships with industry, 
                nonprofit organizations, or government agencies;
                    (C) creating and establishing certificate programs; 
                and
                    (D) developing curricula for short courses and 
                continuing education for professionals in the 
                environmental design of electronic devices to increase 
                the recyclability of those devices.
    (e) Application.--An institution of higher education seeking a 
grant under this section shall submit an application to the 
Administrator at such time, in such manner, and with such information 
and assurances as the Administrator may require.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section--
            (1) $5,000,000 for fiscal year 2011;
            (2) $5,150,000 for fiscal year 2012; and
            (3) $5,304,000 for fiscal year 2013.

SEC. 8. ENVIRONMENTALLY PREFERABLE ALTERNATIVE MATERIALS PHYSICAL 
              PROPERTY DATABASE.

    (a) Establishment.--
            (1) In general.--The Director shall develop a comprehensive 
        physical property database for environmentally preferable 
        alternative materials, design features, and manufacturing 
        practices for use in electronic devices.
            (2) Consultation.--In developing the database under this 
        section, the Director shall consult with the Administrator 
        regarding the environmental preferability of the materials, 
        design features, and manufacturing processes to be contained in 
        the database.
    (b) Priorities.--The Director, working with the electronic device 
design, manufacturing, or recycling industries, shall develop a 
strategic plan to establish priorities and the physical property 
characterization requirements for the database described in subsection 
(a).
    (c) Other Matters.--The Director may expand the database to include 
information on the environmental impacts of various materials, design 
features, and manufacturing practices used in electronic devices from a 
lifecycle standpoint.
    (d) Annual Updates.--The Director shall update the database not 
less than annually.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director to carry out this section--
            (1) $3,000,000 for fiscal year 2011;
            (2) $3,000,000 for fiscal year 2012; and
            (3) $3,000,000 for fiscal year 2013.
                                                       Calendar No. 351

111th CONGRESS

  2d Session

                                S. 1397

                          [Report No. 111-168]

_______________________________________________________________________

                                 A BILL

 To authorize the Administrator of the Environmental Protection Agency 
to award grants for electronic device recycling research, development, 
          and demonstration projects, and for other purposes.

_______________________________________________________________________

                             April 19, 2010

                       Reported with an amendment
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