‘‘(cc) liquid crystal displays, 
flatscreen glass, light emitting di-
odes (LEDs), or any other device 
containing arsenic in elemental or 
compound form; or 
‘‘(dd) parts, components, or 
assemblies, or materials derived 
therefrom, containing antimony, 
barium, 
cadmium, 
chromium 
(other 
than 
hexavalent 
chro-
mium), lead, thallium, beryllium, 
arsenic, or selenium; or 
‘‘(III) any other covered elec-
tronic equipment parts, components, 
or assemblies, or materials derived 
therefrom, containing any other toxic 
material identified by the Adminis-
trator under paragraph (2). 
‘‘(ii) The term ‘restricted electronic waste’ 
shall not apply to covered electronic equipment 
or parts which are tested prior to export, and 
are found to be— 
‘‘(I) functional for the purpose for 
which the equipment or parts were de-
signed, as provided for in subsection 
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(h)(1), or, in the case of multifunction de-
vices, fully functional for at least one of 
the primary purposes for which the equip-
ment or parts were designed; 
‘‘(II) appropriately packaged for ship-
ment as provided for in subsection (h)(1); 
and 
‘‘(III) appropriately labeled or marked 
as provided for in subsection (h)(3). 
‘‘(2) 
ADDITIONAL
COVERED
ELECTRONIC 
EQUIPMENT
AND
RESTRICTED
MATERIALS.—Not 
later than one year after the date of enactment of 
this section, the Administrator shall, after notice 
and opportunity for public comment, and after con-
sultation with appropriate Federal and State agen-
cies, develop and promulgate procedures for identi-
fying— 
‘‘(A) similar electronic equipment to add to 
the list of covered electronic equipment under 
paragraph (1)(A); and 
‘‘(B) additional restricted toxic materials, 
the presence of which in covered electronic 
equipment poses a potential hazard to human 
health or the environment at the end of the life 
of the equipment. 
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Such procedures shall include a method for any in-
terested party to propose a new product or material 
for review by the Administrator. 
‘‘(3) DE MINIMIS LEVELS.—Not later than one 
year after the date of enactment of this section, the 
Administrator shall, after notice and opportunity for 
public comment, and after consultation with appro-
priate Federal and State agencies, develop and pro-
mulgate procedures for identifying de minimis levels 
for restricted electronic waste specified under para-
graph (1)(B)(i)(II) or (III) below which such waste 
shall be deemed to not pose a potential hazard to 
human health or the environment. Notwithstanding 
subsection (a) and the definition of restricted elec-
tronic waste under paragraph (1)(B), a person may 
export restricted electronic waste described in para-
graph (1)(B)(i)(II) or (III) to a country described in 
subsection (c) upon demonstration that the waste 
does not contain more than the de minimis levels, 
established by the Administrator under this para-
graph, of antimony, barium, cadmium, chromium 
(other than hexavalent chromium), lead, thallium, 
beryllium, arsenic, or selenium. 
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‘‘(c) COUNTRIES
TO
WHICH
PROHIBITION
AP-
PLIES.—The countries referred to in subsection (a) are all 
countries which are not— 
‘‘(1) members of the Organization for Economic 
Cooperation and Development or the European 
Union; or 
‘‘(2) Liechtenstein. 
‘‘(d) OECD.—For the purposes of export to Organi-
zation for Economic Cooperation and Development coun-
tries, circuit boards shall be subject to the amber list re-
quirements defined in section 262.89 of the OECD Waste 
Lists. 
‘‘(e) GENERAL EXCEPTIONS.—Subject to subsection 
(g), the prohibition under subsection (a) shall not apply 
to— 
‘‘(1) furnace-ready cathode ray tube glass 
cullet, cleaned of all phosphors, to be used as a di-
rect feedstock in a lead-glass manufacturing furnace 
without further processing or preparation required 
other than quality control, which the competent au-
thority in the importing country has stated in writ-
ing is not waste; 
‘‘(2) customer returns to point of sale or to 
contractual warranty collectors of recently purchased 
electronic equipment or parts that is either— 
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‘‘(A) under original equipment manufac-
turer warranty to customers; or 
‘‘(B) under warranty from the original de-
sign 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, ex-
cept that products covered in this subparagraph 
shall not include— 
‘‘(i) products or parts accepted for re-
turn from individuals or businesses under 
general takeback, recycling, trade-in (for 
purposes of recycling, disposal, sales pro-
motions, or obtaining credit for product 
purchases or leases) or buy-back programs, 
events, or policies designed to collect used 
or waste electronic equipment; 
‘‘(ii) products or parts returned at the 
end of leases to customers; or 
‘‘(iii) products or parts collected by 
asset recovery programs; or 
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‘‘(3) recalls of parts or products by an original 
equipment manufacturer or original design manufac-
turer whereby— 
‘‘(A) the product or part is subject to re-
call notice issued by the Consumer Product 
Safety Commission or other pertinent Federal 
authority; 
‘‘(B) the original design manufacturer re-
quires the defective part or product to be phys-
ically returned to that manufacturer as a term 
of the warranty; and 
‘‘(C) any export of recalled products or 
parts is to a country from whose competent au-
thority the Administrator has received written 
consent under subsection (g). 
‘‘(f) EXPORT CONDITIONS.—Equipment may be ex-
ported under subsection (e)(2) or (3) only if— 
‘‘(1) the Administrator has received written 
consent under subsection (g) from the competent au-
thority in the country receiving the export and any 
country the export passes through in transit; 
‘‘(2) the export is made by an original equip-
ment manufacturer or its contractual agent to the 
original design manufacturer’s site of last assembly, 
or to a company contracted to make warranty re-
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pairs, for the purposes of business credit to the 
original equipment manufacturer, repair or refur-
bishment and subsequent reuse; 
‘‘(3) the original equipment manufacturer has a 
presence and assets in the United States; and 
‘‘(4) the person who exports the equipment or 
parts— 
‘‘(A) keeps copies of normal business 
records, such as contracts, demonstrating that 
each shipment of exported used electronic 
equipment or parts is intended for repair or re-
furbishment and subsequent reuse, which docu-
mentation shall be retained for a period of at 
least 6 years after the date the used electronic 
equipment or parts were exported; and 
‘‘(B) submits an annual report to the Ad-
ministrator on the amount and types of waste 
resulting from the refurbishment process, and 
how it was disposed of or recycled, which shall 
include— 
‘‘(i) number and weight of units of 
products returned by the original equip-
ment manufacturer for repair or refurbish-
ment, listed by category and country of 
destination; and 
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‘‘(ii) the restricted electronic waste 
parts or residues sent onward to further 
reuse, disposal, or recycling following re-
pair or refurbishment, listed by weight, a 
description of the wastes, and the ultimate 
country destination. 
‘‘(g) EXPORT PROCEDURES.— 
‘‘(1) NOTICE
TO
ADMINISTRATOR.—Not later 
than 60 days before the initial export shipment, an 
exporter shall transmit to the Administrator written 
notice of an intended export permitted under this 
section. Such a notification may cover export activi-
ties extending over a maximum of 12 months for the 
same type of restricted electronic waste, 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 EPA ID number. 
‘‘(B) Documentation of licensing of the ex-
porter by the Environmental Protection Agency 
pursuant to subsection (h)(2). 
‘‘(C) The name and site address of the 
consignee and any alternate consignee. 
‘‘(D) A statement from the consignee that 
includes— 
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‘‘(i) a description of the type and total 
quantity of restricted electronic waste that 
will be exported to the consignee; 
‘‘(ii) the estimated frequency or rate 
at which such restricted electronic waste is 
to be exported, and the period of time over 
which such waste is to be exported; 
‘‘(iii) all points of entry to and depar-
ture from each country through which the 
restricted electronic waste will pass in 
transit; 
‘‘(iv) a description of the means by 
which each shipment of the restricted elec-
tronic waste will be transported, including 
the mode of transportation and type or 
types of container; and 
‘‘(v) a description of the manner in 
which the restricted electronic waste will be 
treated, stored, or disposed of in the re-
ceiving country. 
‘‘(E) A list of all transit countries through 
which the restricted electronic waste will be 
transported, and a description of the approxi-
mate length of time the waste will remain in 
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each country and the nature of its handling 
while there. 
‘‘(2) ACKNOWLEDGMENT OF CONSENT.— 
‘‘(A) REQUIREMENT.—No restricted elec-
tronic waste may be exported pursuant to this 
section unless the written consent of the com-
petent authority of the receiving country, and of 
each country through which the restricted elec-
tronic waste will pass in transit, has been ob-
tained and the Administrator has transmitted 
to the exporter an Acknowledgment of Consent 
reflecting receipt of each such country’s con-
sent. 
‘‘(B) COUNTRY
NOTIFICATION.—In con-
junction with other relevant agencies, the Ad-
ministrator shall provide a complete notification 
to the receiving country and any transit coun-
tries. A notification is complete when the Ad-
ministrator receives a notification which the Ad-
ministrator determines satisfies the require-
ments of this section. 
‘‘(C) 
EXPORTER
NOTIFICATION.—When 
the receiving country and all transit countries 
have consented to the receipt or transit of the 
restricted electronic waste, the Administrator 
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shall transmit an Acknowledgment of Consent 
to the exporter. The exporter shall attach a 
copy of the Acknowledgment of Consent to the 
manifest, or otherwise ensure that the Acknowl-
edgment of Consent accompanies the restricted 
electronic waste shipment. 
‘‘(3) WITHDRAWAL OF CONSENT.—Where the 
receiving country or a transit country objects to re-
ceipt or transit of restricted electronic waste, or 
withdraws a prior consent, the Administrator shall 
notify the exporter in writing. 
‘‘(4) DEFINITION
OF
CONSIGNEE.—For pur-
poses of this subsection, the term ‘consignee’ means 
the ultimate treatment, storage, or disposal facility 
in a receiving country to which restricted electronic 
waste will be sent. 
‘‘(h) REGULATIONS.—Not later than 12 months after 
the date of enactment of this section, the Administrator 
shall issue regulations for carrying out this section, includ-
ing— 
‘‘(1) testing requirements for verifying that 
used covered electronic equipment or parts proposed 
to be exported under this section are functional for 
the purposes for which they were designed, including 
requirements for proper packaging to prevent such 
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equipment or parts from losing functionality due to 
damage during transit; 
‘‘(2) establishing a process whereby any entity 
exporting restricted electronic waste from the United 
States must be licensed by the Environmental Pro-
tection Agency; 
‘‘(3) in consultation with the appropriate Fed-
eral agency or agencies, provisions for an efficient 
export control regime which will allow for— 
‘‘(A) distinguishing among exports of— 
‘‘(i) restricted electronic waste as per-
mitted under this section; 
‘‘(ii) restricted electronic waste as 
prohibited under this section; and 
‘‘(iii) tested working used covered 
electronic equipment as permitted under 
this section; and 
‘‘(B) enforcement mechanisms, tests, and 
procedures in coordination with other enforce-
ment procedures; and 
‘‘(4) establishing a registry of violators, where-
by any person or entity found to be exporting re-
stricted electronic waste in violation of this section 
shall be listed on a public registry on a Web site 
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