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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2090 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2090

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2014

Mr. Whitehouse introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsible Electronics Recycling 
Act''.

SEC. 2. ELECTRONIC WASTE EXPORT RESTRICTIONS.

    (a) Amendment.--Subtitle C of the Solid Waste Disposal Act (42 
U.S.C. 6921 et seq.) is amended by adding at the end the following new 
section:

``SEC. 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>
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