I 
111TH CONGRESS 
1ST SESSION H. R. 2595 
To restrict certain exports of electronic waste. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2009 
Mr. GENE GREEN of Texas (for himself, Mr. THOMPSON of California, Mrs. 
BONO MACK, Ms. JACKSON-LEE of Texas, and Ms. ESHOO) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
To restrict certain exports of electronic waste. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. 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. 3024. ELECTRONIC WASTE EXPORT RESTRICTIONS. 
‘‘(a) IN GENERAL.—Beginning 12 months after the 
date of enactment of this section, except as provided in 
subsection (e) or (f), no person shall export any restricted 
electronic waste to a country described in subsection (c). 
VerDate Nov 24 2008 
20:16 May 24, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2595.IH
H2595
sroberts on PROD1PC70 with BILLS
‘‘(b) DEFINITIONS.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion— 
‘‘(A) the term ‘covered electronic equip-
ment’ means used personal computers, servers, 
monitors, televisions, other video display prod-
ucts, printers, copiers, facsimile machines, video 
cassette recorders, digital video disc players, 
video game systems, digital audio players, per-
sonal digital assistants, telephones, image scan-
ners, and other used electronic products the Ad-
ministrator determines to be similar; and 
‘‘(B) the term ‘restricted electronic waste’ 
means items of covered electronic equipment, 
whole or in fragments, that include, contain, or 
consist of— 
‘‘(i) circuit boards, lamps, switches, or 
other parts, components, assemblies, or 
materials derived therefrom containing 
mercury or polychlorinated biphenyls; 
‘‘(ii) circuit boards, lamps, switches, 
or other parts, components, assemblies, or 
materials derived therefrom containing— 
‘‘(I) antimony in concentrations 
greater than 1.0 mg/L; 
VerDate Nov 24 2008 
20:16 May 24, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2595.IH
H2595
sroberts on PROD1PC70 with BILLS
‘‘(II) beryllium in concentrations 
greater than .007 mg/L; 
‘‘(III) cadmium, in concentra-
tions greater than 1.0 mg/L; 
‘‘(IV) chromium in concentra-
tions greater than 5.0 mg/L; or 
‘‘(V) 
lead 
in 
concentrations 
greater than 5.0 mg/L; 
‘‘(iii) circuit boards, lamps, switches, 
or other parts, components, assemblies, or 
materials derived therefrom containing any 
other toxic material identified by the Ad-
ministrator under paragraph (2); 
‘‘(iv) cathode ray tubes or cathode ray 
tube glass in any form; or 
‘‘(v) batteries containing lead, cad-
mium, mercury, or flammable organic sol-
vents. 
‘‘(2) ADDITIONAL
RESTRICTED
MATERIALS.— 
The Administrator shall establish procedures for 
identifying additional restricted materials, the pres-
ence of which in covered electronic equipment poses 
a substantial hazard to human health or the environ-
ment at the end of the life of the equipment. 
VerDate Nov 24 2008 
20:16 May 24, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2595.IH
H2595
sroberts on PROD1PC70 with BILLS
‘‘(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) GENERAL EXCEPTIONS.—The prohibition under 
this section shall not apply to— 
‘‘(1) the export of used electronic equipment or 
parts, for use or reuse, if— 
‘‘(A) such export is to a country that the 
Administrator finds under subsection (e) will 
permit trade in such equipment or parts; and 
‘‘(B) such equipment or parts are tested 
prior to export and found to be functional for 
at least one of the primary purposes for which 
the equipment or parts were designed, and are 
being sold to a customer who will reuse such 
equipment or parts without further repairs; 
‘‘(2) 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-
VerDate Nov 24 2008 
20:16 May 24, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2595.IH
H2595
sroberts on PROD1PC70 with BILLS
thority in the importing country has stated in writ-
ing is not waste; 
‘‘(3) returns of used electronic equipment under 
warranty by consumers or other contractual war-
ranty collectors to the original equipment manufac-
turer or its contractual agent for purposes of war-
ranty repair or refurbishment; or 
‘‘(4) the export of used electronic equipment or 
parts for repair or refurbishment in the importing 
country, with the intention of subsequent reuse, if— 
‘‘(A) such export is to a country that the 
Administrator finds under subsection (e) will 
permit trade in such equipment or parts; 
‘‘(B) the export is made by an original 
equipment manufacturer or its contractual 
agent, or an entity that meets an independent 
standard as identified by the Administrator; 
and 
‘‘(C) the person who exports the equipment 
or parts— 
‘‘(i) prior to shipment to any receiving 
facility, submits an annual notification to 
the Administrator, which includes— 
‘‘(I) a statement that the notifier 
plans to export used electronic equip-
VerDate Nov 24 2008 
20:16 May 24, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2595.IH
H2595
sroberts on PROD1PC70 with BILLS
ment or parts for refurbishment or re-
pair with the intention of subsequent 
reuse; 
‘‘(II) the notifier’s name, ad-
dress, and Environmental Protection 
Agency ID number (if applicable); 
‘‘(III) the name and phone num-
ber of a contact person; 
‘‘(IV) the type of used electronic 
equipment or parts that will be 
shipped; and 
‘‘(V) the name, address, and con-
tact information of the receiving facil-
ity; and 
‘‘(ii) keeps copies of normal business 
records, such as contracts, demonstrating 
that each shipment of exported used elec-
tronic equipment or parts is intended for 
repair or refurbishment and subsequent 
reuse, which documentation shall be re-
tained for a period of at least 3 years after 
the date the used electronic equipment or 
parts were exported. 
‘‘(e) FOREIGN MARKETS.—Not later than 12 months 
after the date of enactment of this section, and annually 
VerDate Nov 24 2008 
20:16 May 24, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2595.IH
H2595
sroberts on PROD1PC70 with BILLS
thereafter, the Administrator shall identify for each coun-
try whether such country’s laws and policies permit trade 
in such equipment or parts, by requesting written con-
firmation from the competent authority of the importing 
country. 
‘‘(f) 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 
equipment or parts from losing functionality due to 
damage during transit; and 
‘‘(2) in consultation with the appropriate Fed-
eral agency or agencies, provisions for an efficient 
export control regime to identify exports covered by 
this section and provide for enforcement in coordina-
tion with other enforcement procedures administered 
by United States Customs and Border Protection.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents for the Solid Waste Disposal Act is amended 
VerDate Nov 24 2008 
20:16 May 24, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2595.IH
H2595
sroberts on PROD1PC70 with BILLS
by adding after the item relating to section 3023 the fol-
lowing new item: 
‘‘3024. Electronic waste export restrictions.’’. 
SEC. 2. 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); and 
(3) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) knowingly exports restricted electronic 
waste in violation of section 3024;’’. 
Æ 
VerDate Nov 24 2008 
20:16 May 24, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H2595.IH
H2595
sroberts on PROD1PC70 with BILLS