I 
113TH CONGRESS 
1ST SESSION H. R. 2791 
To prohibit the export from the United States of certain electronic waste, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2013 
Mr. GENE GREEN of Texas (for himself, Mr. THOMPSON of California, Mr. 
MCCAUL, Mr. STIVERS, Ms. SLAUGHTER, and Mr. COFFMAN) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To prohibit the export from the United States of certain 
electronic waste, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Responsible Elec-
tronics Recycling Act’’. 
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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 add-
ing 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 per-
son 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, stor-
age, 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). 
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‘‘(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 (includ-
ing printers, copiers, facsimile machines, 
image scanners, and multifunction ma-
chines). 
‘‘(viii) Television peripheral devices 
(including video cassette recorders, DVD 
players, video game systems, game control-
lers, signal converter boxes, and cable and 
satellite receivers). 
‘‘(ix) Digital cameras and projectors. 
‘‘(x) Digital audio players. 
‘‘(xi) Telephones and electronic com-
munication equipment (including cellular 
phones and wireless Internet communica-
tion devices). 
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‘‘(A) IN GENERAL.—No person shall ex-
port 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 con-
tracted to make warranty repairs, for the 
purposes of business credit to the original 
equipment manufacturer, repair or refur-
bishment and subsequent reuse, or replace-
ment; 
‘‘(ii) the original equipment manufac-
turer has a presence and assets in the 
United States; and 
‘‘(iii) the person who exports the cov-
ered electronic equipment— 
‘‘(I) keeps copies of normal busi-
ness records, such as contracts, dem-
onstrating that each shipment of ex-
ported covered electronic equipment is 
intended for repair or refurbishment 
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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 re-
furbishment or replacement process, 
and how it was disposed of or recy-
cled, which shall include— 
‘‘(aa) number and weight of 
units of products returned by the 
original equipment manufacturer 
for repair, refurbishment, or re-
placement listed by category and 
country of destination; and 
‘‘(bb) the covered electronic 
equipment, or materials derived 
therefrom, sent onward to fur-
ther 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.— 
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‘‘(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 re-
ceiving 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 re-
flecting receipt of each country’s con-
sent. 
‘‘(ii) COUNTRY NOTIFICATION.—In co-
operation with other appropriate agencies, 
the Administrator shall provide notification 
in writing of an intended export submitted 
under subsection (f) to the receiving coun-
try and any transit countries. 
‘‘(iii) CONSENT AND EXPORTER NOTI-
FICATION.—When the receiving country 
and all transit countries consent in writing 
to the receipt or transit of the covered elec-
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tronic 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 equiv-
alent documents to ensure that the Ac-
knowledgment of Consent accompanies the 
shipment of covered electronic equipment. 
‘‘(C) WITHDRAWAL OF CONSENT.—Where 
the receiving country or a transit country ob-
jects to receipt or transit of the covered elec-
tronic 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 sub-
section (e) under the exception to restricted elec-
tronic waste in subsection (b)(3)(B)(ii) unless such 
covered electronic equipment is accompanied by doc-
umentation that is available for review, including— 
‘‘(A) documentation of licensing of the ex-
porter under subsection (g); and 
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‘‘(B) a declaration signed by an officer or 
designated representative of the exporter assert-
ing that such equipment— 
‘‘(i) was tested, pursuant to sub-
section (i)(1), after it was removed from 
service, or after it was repaired or refur-
bished, 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 ac-
companied by documentation of licensing of the ex-
porter under subsection (g). 
‘‘(4) CERTAIN TRANSACTIONS.—In the case of 
a routed export transaction of covered electronic 
equipment under the exceptions to restricted elec-
tronic waste in subsection (b)(3)(B) where the ex-
porter of record is a Foreign Principle Party in In-
terest (FFPI), then the U.S. Principle Party in In-
terest (USPPI) is responsible for compliance with 
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the requirements of this section, including the licens-
ing 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, includ-
ing 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 equip-
ment 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 phys-
ically manage the equipment being exported; 
and 
‘‘(B) with respect to covered electronic 
equipment that is being exported for reuse pur-
suant to the exception to restricted electronic 
waste in subsection (b)(3)(B)(ii), the exporter 
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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 sub-
section (g) will forfeit such license for vio-
lation of this section. 
‘‘(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 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 fol-
lowing 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 amend-
ed— 
(1) by striking ‘‘or’’ at the end of paragraph 
(6); 
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(2) by inserting ‘‘or’’ at the end of paragraph 
(7)(B); and 
(3) by inserting after paragraph (7) the fol-
lowing 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 ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CRITICAL
MINERALS.—The term ‘‘critical 
mineral’’ means any of the following chemical ele-
ments in any physical form or chemical combination: 
(A) Antimony. 
(B) Beryllium. 
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(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 Sec-
retary 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 combina-
tion: 
(A) Scandium. 
(B) Yttrium. 
(C) Lanthanum. 
(D) Cerium. 
(E) Praseodymium. 
(F) Neodymium. 
(G) Promethium. 
(H) Samarium. 
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(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 Sec-
retary, in consultation with the Administrator and the 
heads of other appropriate Federal agencies, shall assist 
in, and coordinate the development of, research in the re-
covering 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 re-
search on one or more of the following activities: 
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(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 re-
cycling 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 sub-
section (c). 
Æ 
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