I 
109TH CONGRESS 
1ST SESSION H. R. 4316 
To reduce and eliminate electronic waste through recycling. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2005 
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 
to the Committee on Ways and Means, and in addition to the Committees 
on Energy and Commerce and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To reduce and eliminate electronic waste through recycling. 
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 ‘‘Electronic Waste Recy-
cling Promotion and Consumer Protection Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the National Safety Council estimates 
that—
(A) in 2003, over 60,000,000 personal 
computers became obsolete and between 1997 
and 2007 more than 500,000,000 computers 
will need to be discarded; and 
(B) at an average weight of 70 pounds, 
this will result in over 6,300,000,000 pounds of 
plastic and 1,600,000,000 pounds of lead added 
to the supply of waste needing to be managed; 
(2) according to the Environmental Protection 
Agency— 
(A) a computer monitor or television set 
generally contains 4 to 8 pounds of lead; 
(B) mercury, cadmium, and other heavy 
metals are generally used in such equipment as 
well; and 
(C) households and businesses in the 
United States often do not discard older com-
puters and televisions when buying newer 
versions of the same products; 
(3) according to experts, the average household 
may have between 2 and 3 older computers and tele-
visions in storage, and approximately 20,000,000 to 
24,000,000 computers and televisions are placed in 
storage each year;
(4) according to the Environmental Protection 
Agency, discarded computer, television, and other 
electronic equipment— 
(A) when not discarded in large quantities, 
is currently managed in most States as munic-
ipal solid waste, just like ordinary trash; and 
(B) constitute 40 percent of the lead and 
70 percent of the heavy metals that are found 
in landfills and, if not handled properly, can be 
released into the environment, contaminating 
air and groundwater and posing a significant 
threat to human health, including potential 
damage to kidney, brain, and nervous system 
function, and cancer in cases of excessive expo-
sure; 
(5) materials used in computers, televisions, 
and similar electronic products can be recovered 
through recycling, which conserves resources and 
minimizes the potentially harmful human and envi-
ronmental health effects of those materials; and 
(6) establishing a nationwide infrastructure for 
electronic waste recycling will— 
(A) facilitate access of people in the United 
States to recycling services; and
(B) improve the efficiency and use of elec-
tronic waste recycling. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CATHODE RAY TUBE.—The term ‘‘cathode 
ray tube’’ means a vacuum tube used to convert an 
electronic signal into a visual image, for use in a 
computer monitor, television, or other piece of elec-
tronic equipment. 
(3) COMPUTER.— 
(A) IN GENERAL.—The term ‘‘computer’’ 
means an electronic, magnetic, optical, electro-
chemical, or other high speed data processing 
device that performs logical, arithmetic, or stor-
age functions. 
(B) EXCLUSIONS.—The term ‘‘computer’’ 
does not include an automated typewriter or 
typesetter, video game console, portable hand 
held calculator, personal digital assistant, cel-
lular telephone, or other similar device. 
(4) 
CONSUMER.—The 
term 
‘‘consumer’’ 
means—
(A) an occupant of a single, detached 
dwelling unit or a single unit of a multiple 
dwelling unit who— 
(i) has used a computer monitor, a 
television, or another piece of electronic 
equipment that contains a display screen 
or a system unit; and 
(ii) used the equipment described in 
clause (i) at the dwelling unit of the occu-
pant; and 
(B) a commercial, educational, or other en-
tity that discarded for recycling not more than 
20 display screens or system units per year dur-
ing the previous 5 years. 
(5) DISPLAY SCREEN.— 
(A) IN
GENERAL.—The term ‘‘display 
screen’’ means a cathode ray tube, flat panel 
screen, or other similar video display device 
with a screen size of greater than 4 inches, 
measured diagonally. 
(B) 
EXCLUSION.—The 
term 
‘‘display 
screen’’ does not include commercial or indus-
trial equipment, or household appliances, that 
contain— 
(i) a cathode ray tube;
(ii) a flat panel screen; or 
(iii) another similar video device. 
(6) HAZARDOUS WASTE.—The term ‘‘hazardous 
waste’’ has the meaning given the term in section 
1004 of the Solid Waste Disposal Act (42 U.S.C. 
6903). 
(7) RECYCLE.—The term ‘‘recycle’’ means the 
performance of a process by 1 or more persons by 
which a display screen or a system unit is— 
(A) sorted; 
(B) if necessary, transported; 
(C) to the maximum extent practicable, 
separated to recover any component or com-
modity inside the display screen or system unit 
that can be reduced to raw materials or prod-
ucts; and 
(D) treated such that any remaining mate-
rial is disposed of properly and in an environ-
mentally sound manner consistent with the 
Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.). 
(8) SYSTEM
UNIT.—The term ‘‘system unit’’ 
means— 
(A) the casing or portion of a computer 
that contains the central processing unit, which
performs the primary quantity of data proc-
essing; and 
(B) the unit that, together with the mem-
ory, forms the central part of the computer, to 
which peripheral devices may be attached. 
(9) UNIVERSAL WASTE.—The term ‘‘universal 
waste’’ has the meaning given the term in the Envi-
ronmental Protection Agency Standards of Universal 
Waste Management established under section 273 of 
title 40, Code of Federal Regulations (and successor 
regulations). 
SEC. 4. CREDIT FOR RECYCLING ELECTRONIC WASTE. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to business related credits) is amended by 
adding at the end the following new section: 
‘‘SEC. 45N. CREDIT FOR RECYCLING ELECTRONIC WASTE. 
‘‘(a) ALLOWANCE OF CREDIT.—For purposes of sec-
tion 38, in the case of an eligible taxpayer, the electronic 
waste recycling credit for any taxable year is an amount 
equal to $8 per unit of qualified electronic waste that is 
collected from consumers and recycled during the taxable 
year.
‘‘(b) ELIGIBLE TAXPAYER.—For purposes of this 
section, the term ‘eligible taxpayer’ means any person 
which— 
‘‘(1) collects from consumers and recycles, or 
arranges for the recycling of, not less than 5,000 
units of qualified electronic waste during that per-
son’s taxable year, 
‘‘(2) submits with the person’s tax return docu-
mentation of the final destination of all units of elec-
tronic waste collected from consumers during the 
person’s taxable year for the purpose of recycling, 
and 
‘‘(3) certifies that all reclamation and recycling 
carried out by the person was performed by an eligi-
ble recycler. 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) QUALIFIED
ELECTRONIC
WASTE.—The 
term ‘qualified electronic waste’ means any display 
screen or any system unit. 
‘‘(2) CONSUMER, DISPLAY SCREEN; RECYCLE; 
SYSTEM
UNIT.—The terms ‘consumer’, ‘display 
screen’, ‘recycle’, and ‘system unit’ have the mean-
ing given the terms by section 3 of the Electronic 
Waste Recycling Promotion and Consumer Protec-
tion Act.
‘‘(d) FINAL REGULATIONS.— 
‘‘(1) IN
GENERAL.—Not later than the date 
which is 180 days after the date of the enactment 
of this section, the Secretary, after consultation with 
the Administrator of the Environmental Protection 
Agency, shall issue such final regulations as may be 
necessary and appropriate to carry out this section. 
‘‘(2) INCLUSION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the regulations issued under para-
graph (1) shall include— 
‘‘(i) requirements for certifying recy-
clers as eligible to recycle qualified elec-
tronic waste, 
‘‘(ii) requirements to ensure that all 
recycling of qualified electronic waste is 
performed in a manner that is safe and en-
vironmentally sound, and 
‘‘(iii) a provision which allows a tax 
credit under this section to be shared by 2 
or more eligible taxpayers, provided that 
the total tax credit for a unit of electronic 
waste under this section does not exceed 
$8.
‘‘(B) LIMITATION.—The Secretary shall 
not certify a recycler as eligible under this sub-
section unless the recycler is— 
‘‘(i) a taxpayer, or 
‘‘(ii) a State or local government. 
‘‘(e) TERMINATION.—This section shall not apply 
with respect to any unit of qualified electronic waste which 
is recycled after the date which is 3 years after the date 
on which the final regulations issued pursuant to sub-
section (d) take effect.’’. 
(b) CREDIT ALLOWED AS PART OF GENERAL BUSI-
NESS CREDIT.—Section 38(b) of such Code is amended 
by striking ‘‘plus’’ at the end of paragraph (25), by strik-
ing the period at the end of paragraph (26) and inserting 
‘‘, plus’’, and by adding at the end the following new para-
graph: 
‘‘(27) in the case of an eligible taxpayer (as de-
fined in section 45N(b)), the electronic waste recy-
cling credit determined under section 45N(a).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of such Code is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 45N. Credit for recycling electronic waste.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to display screens and
system units recycled after the date on which the final 
regulations issued pursuant to section 45N of such Code 
(as added by this section) take effect. 
SEC. 5. CONSUMER CREDIT FOR RECYCLING ELECTRONIC 
WASTE. 
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after section 25D the fol-
lowing new section: 
‘‘SEC. 25E. CONSUMER CREDIT FOR RECYCLING ELEC-
TRONIC WASTE. 
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli-
gible consumer, there shall be allowed as a credit against 
the tax imposed by this chapter for the taxable year an 
amount equal to $15 for the recycling of 1 or more units 
of qualified electronic waste. 
‘‘(b) ELIGIBLE CONSUMER.—For purposes of this 
section, the term ‘eligible consumer’ means any indi-
vidual— 
‘‘(1) with respect to whom a credit under this 
section has not been allowed in any preceding tax-
able year, and 
‘‘(2) who submits with the individual’s tax re-
turn such information as the Secretary requires to 
document that each unit of qualified electronic waste
was recycled by a recycler certified by the Secretary 
pursuant to subsection (d). 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) QUALIFIED
ELECTRONIC
WASTE.—The 
term ‘qualified electronic waste’ means any display 
screen or any system unit. 
‘‘(2) CONSUMER, DISPLAY SCREEN; RECYCLE; 
SYSTEM
UNIT.—The terms ‘consumer’, ‘display 
screen’, ‘recycle’, and ‘system unit’ have the mean-
ing given the terms by section 3 of the Electronic 
Waste Recycling Promotion and Consumer Protec-
tion Act. 
‘‘(d) FINAL REGULATIONS.— 
‘‘(1) IN
GENERAL.—Not later than the date 
which is 180 days after the date of the enactment 
of this section, the Secretary, after consultation with 
the Administrator of the Environmental Protection 
Agency, shall issue such final regulations as may be 
necessary and appropriate to carry out this section. 
‘‘(2) INCLUSION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the regulations issued under para-
graph (1) shall include—
‘‘(i) requirements for certifying recy-
clers as eligible to recycle qualified elec-
tronic waste, and 
‘‘(ii) requirements to ensure that all 
recycling of qualified electronic waste is 
performed in a manner that is safe and en-
vironmentally sound. 
‘‘(B) LIMITATION.—The Secretary shall 
not certify a recycler as eligible under this sub-
section unless the recycler is— 
‘‘(i) a taxpayer, or 
‘‘(ii) a State or local government. 
‘‘(e) TERMINATION.—This section shall not apply 
with respect to any unit of qualified electronic waste which 
is recycled after the date which is 3 years after the date 
on which the final regulations issued pursuant to sub-
section (d) take effect.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subpart A of part IV of subchapter A of chapter 1 
of such Code is amended by inserting after the item relat-
ing to section 25D the following new item: 
‘‘Sec. 25E. Consumer credit for recycling electronic waste.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to display screens and 
system units recycled after the date on which the final
regulations issued pursuant to section 25E(d) of such 
Code (as added by this section) take effect. 
SEC. 6. PROHIBITIONS OF DISPOSAL WITHOUT RECYCLING. 
(a) DISPLAY SCREEN AND SYSTEM UNIT DISPOSAL 
BAN.— 
(1) IN GENERAL.—Effective beginning on the 
date that is 3 years after the date of enactment of 
this Act, if the Administrator determines that a ma-
jority of households in the United States have suffi-
cient access to a recycling service for display screens 
and system units, it shall be unlawful for the oper-
ator of a landfill, incinerator, or any other facility 
for the transfer, disposal, or storage of municipal 
solid waste to knowingly receive from a consumer a 
display screen or system unit, except for the purpose 
of recycling or arranging for the recycling of the dis-
play screen or system unit by a recycler certified as 
an eligible recycler by the Administrator. 
(2) PROCEDURES.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator shall develop and issue guidelines covering 
waste handlers and waste transfer stations to assist 
in developing recycling procedures for display 
screens and system units.
(3) EXEMPTIONS.—As part of the guidelines 
issued pursuant to paragraph (2), the Administrator 
shall classify display screens and system units as 
universal waste and provide for the exemption of dis-
play screens and system units from the requirements 
of the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.) as necessary to facilitate the collection, storage, 
and transportation of display screens and system 
units for the purpose of recycling. 
(b) ENFORCEMENT.—A violation of subsection (a) by 
any person or entity shall be subject to enforcement under 
applicable provisions of the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
SEC. 7. RECYCLING OF DISPLAY SCREENS AND SYSTEM 
UNITS PROCURED BY THE FEDERAL GOVERN-
MENT. 
(a) DEFINITION OF EXECUTIVE AGENCY.—In this 
section, the term ‘‘executive agency’’ has the meaning 
given the term in section 11101 of title 40, United States 
Code. 
(b) REQUIREMENT FOR RECYCLING.—The head of 
each executive agency shall ensure that each display 
screen and system unit procured by the Federal Govern-
ment—
(1) is recovered upon the termination of the 
need of the Federal Government for the display 
screen or system unit; and 
(2) is recycled by a recycler certified as an eligi-
ble recycler by the Administrator through— 
(A) a program established after the date of 
enactment of this Act by the executive agency, 
either alone or in conjunction with 1 or more 
other executive agencies; or 
(B) any other program for recycling or 
reusing display screens and system units. 
SEC. 8. NATIONWIDE RECYCLING PROGRAM. 
(a) STUDY.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with appropriate executive agencies (as de-
termined by the Administrator), shall conduct a 
study of the feasibility of establishing a nationwide 
recycling program for electronic waste that preempts 
any State recycling program. 
(2) INCLUSIONS.—The study shall include an 
analysis of multiple programs, including programs 
involving— 
(A) the collection of an advanced recycling 
fee; 
(B) the collection of an end-of-life fee;
(C) producers of electronics assuming the 
responsibility and the cost of recycling elec-
tronic waste; and 
(D) the extension of a tax credit for recy-
cling electronic waste. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report describing— 
(1) the results of the study conducted under 
subsection (a); 
(2) 1 or more prospective nationwide recycling 
programs, including— 
(A) a cost-benefit analysis of each pro-
gram, including— 
(i) the cost of the program to— 
(I) consumers; 
(II) manufacturers; 
(III) retailers; and 
(IV) recyclers; and 
(ii) the estimated overhead and ad-
ministrative expenses of carrying out and 
monitoring the program; and 
(B) the quantity of display screens and 
system units projected to be recycled under the 
program;
(3)(A) the benefits of establishing a nationwide 
take-back provision that would require, as part of 
the program, all manufacturers of display screens or 
system units for sale in the United States to collect 
and recycle, or arrange for the recycling of, display 
screens and system units; and 
(B) a projection of the quantity of display 
screens and system units that would be recycled an-
nually under a nationwide take-back provision; 
(4)(A) any emerging electronic waste streams, 
such as— 
(i) cellular telephones; and 
(ii) personal digital assistants; and 
(B) a cost-benefit analysis of including an 
emerging electronic waste stream in a national recy-
cling program; and 
(5) the progress of the Administrator in car-
rying out section 6, including— 
(A) information on enforcement of the pro-
hibition; and 
(B) any increase in recycling as a result of 
the prohibition. 
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