I 
112TH CONGRESS 
1ST SESSION H. R. 2284 
To prohibit the export from the United States of certain electronic waste, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2011 
Mr. GENE GREEN of Texas (for himself, Mr. THOMPSON of California, Mr. 
LATOURETTE, and Mr. TERRY) 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 sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction 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. 3024. ELECTRONIC WASTE EXPORT RESTRICTIONS. 
‘‘(a) IN GENERAL.—Beginning on the date that is 24 
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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‘‘(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 sys-
tem navigation devices. 
‘‘(xvii) Other used electronic products 
the Administrator determines to be similar 
under the procedures promulgated in ac-
cordance with subsection (c). 
‘‘(B) EXCEPTION.—The term ‘covered elec-
tronic 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 equip-
ment, 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; 
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‘‘(II) a lamp or other device con-
taining mercury phosphor; 
‘‘(III) batteries containing— 
‘‘(aa) lead, cadmium, or 
mercury; or 
‘‘(bb) organic solvents exhib-
iting the characteristic of ignit-
ability, as defined in section 
261.21 of title 40, Code of Fed-
eral Regulations; 
‘‘(IV) switches or any other de-
vices containing mercury; 
‘‘(V) hexavalent chromium; 
‘‘(VI) other than batteries de-
scribed in subclause (III), items con-
taining 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 
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‘‘(ii) any other covered electronic 
equipment, or materials derived therefrom, 
containing any other toxic material, in ele-
mental or compound form, identified by 
the Administrator under subsection (c). 
‘‘(B) EXCEPTIONS.—The term ‘restricted 
electronic waste’ shall not apply to items de-
scribed 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 sub-
section (d). 
‘‘(ii) 
REUSE.—Covered 
electronic 
equipment that is— 
‘‘(I) tested prior to export pursu-
ant to subsection (i)(1), and found to 
be— 
‘‘(aa) functional for the pur-
pose for which the equipment 
was designed, or, in the case of 
multifunction devices, fully func-
tional for at least one of the pri-
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mary purposes for which the 
equipment was designed; and 
‘‘(bb) 
appropriately 
pack-
aged for shipment to prevent the 
equipment 
from 
losing 
functionality due to damage dur-
ing 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, to be 
used as a direct feedstock in a lead-glass 
manufacturing furnace without further 
processing or preparation required other 
than quality control, which the competent 
authority in the importing country states 
in writing is not waste. 
‘‘(iv) 
WARRANTIES.—Customer 
re-
turns, to point of sale, to original equip-
ment manufacturers, or to contractual 
warranty collectors, of recently purchased 
covered electronic equipment that is ei-
ther— 
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‘‘(I) under original equipment 
manufacturer warranty to customers; 
or 
‘‘(II) under warranty from the 
original design manufacturer or origi-
nal component manufacturer to the 
original equipment manufacturer, or 
otherwise returned by the original 
purchaser of the electronic equipment, 
due to defect or customer dissatisfac-
tion, and the manufacturer accepts 
such returns for the purposes of re-
pair 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 subparagraph shall not 
include— 
‘‘(aa) 
covered 
electronic 
equipment accepted for return 
from individuals or businesses 
under general takeback, recy-
cling, trade-in (for purposes of 
recycling, disposal, sales pro-
motions, or obtaining credit for 
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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 re-
covery programs. 
‘‘(v) RECALLS.—Recalls of covered 
electronic equipment by an original equip-
ment manufacturer, original design manu-
facturer, or original component manufac-
turer where— 
‘‘(I) the covered electronic equip-
ment is subject to recall notice issued 
by the Consumer Product Safety 
Commission or other pertinent Fed-
eral authority; 
‘‘(II) the original design manu-
facturer or original component manu-
facturer requires the defective covered 
electronic equipment to be physically 
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returned to that manufacturer as a 
term of the warranty; and 
‘‘(III) any export of recalled cov-
ered electronic equipment is to a 
country from whose competent au-
thority the Administrator receives 
written consent pursuant to sub-
section (h)(2). 
‘‘(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 EQUIP-
MENT AND RESTRICTED MATERIALS.—Not later than 18 
months after the date of enactment of this section, the 
Administrator shall, after notice and opportunity for pub-
lic comment, and after consultation with appropriate Fed-
eral and State agencies, develop and promulgate proce-
dures 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 
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which in covered electronic equipment poses a poten-
tial 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 pub-
lic comment, and after consultation with appropriate Fed-
eral and State agencies, develop and promulgate proce-
dures for identifying de minimis levels for restricted elec-
tronic waste described in subparagraphs (A)(i)(VI) and 
(A)(ii) of subsection (b)(3), below which such waste is de-
termined by the Administrator not to pose a potential haz-
ard to human health or the environment. 
‘‘(e) 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 
Co-operation and Development or the European 
Union; or 
‘‘(2) Liechtenstein. 
‘‘(f) NOTICE TO ADMINISTRATOR.—No person shall 
export covered electronic equipment described in sub-
section (b)(3)(B) to a country described in subsection (e) 
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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 equip-
ment, exported to the same facility via the same transit 
countries. The notification shall include the following in-
formation: 
‘‘(1) The name, mailing address, telephone 
number, and if applicable, the Environmental Pro-
tection Agency or Resource Conservation and Recov-
ery Act identification number. 
‘‘(2) Documentation of licensing of the exporter 
under subsection (g). 
‘‘(3) The name and site address of the con-
signee and any alternate consignee. 
‘‘(4) A statement from the exporter that in-
cludes— 
‘‘(A) a description of the type and total 
quantity of covered electronic equipment that 
will be exported to the consignee; 
‘‘(B) the estimated frequency or rate at 
which such covered electronic equipment is to 
be exported, and the period of time over which 
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such covered electronic equipment is to be ex-
ported; 
‘‘(C) all points of entry to and departure 
from each country through which the covered 
electronic equipment will pass in transit; 
‘‘(D) a description of the means by which 
each shipment of the covered electronic equip-
ment will be transported, including the mode of 
transportation and type or types of container; 
and 
‘‘(E) a description of the manner in which 
the covered electronic equipment will be treated, 
stored, or disposed of in the receiving country. 
‘‘(5) A list of all transit countries through 
which the covered electronic equipment will be trans-
ported, 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. 
‘‘(g) LICENSE.—Covered electronic equipment may 
only be exported to a country described in subsection (e) 
under the exceptions to restricted electronic waste in sub-
section (b)(3)(B) by an entity licensed by the Adminis-
trator under regulations issued under subsection (i)(2). 
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‘‘(h) ADDITIONAL EXPORT CONDITIONS FOR WAR-
RANTIES AND RECALLS.— 
‘‘(1) IN GENERAL.—No person shall export cov-
ered 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— 
‘‘(A) 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; 
‘‘(B) the original equipment manufacturer 
has a presence and assets in the United States; 
and 
‘‘(C) 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 
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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 dis-
posed of or recycled, which shall include— 
‘‘(I) number and weight of units 
of products returned by the original 
equipment manufacturer for repair, 
refurbishment, or replacement listed 
by category and country of destina-
tion; and 
‘‘(II) 
the 
covered 
electronic 
equipment, or materials derived there-
from, 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. 
‘‘(2) ACKNOWLEDGMENT OF CONSENT.— 
‘‘(A) REQUIREMENT.—No person shall ex-
port covered electronic equipment to a country 
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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 coun-
try, and of each country through which the 
covered electronic equipment will pass in 
transit; and 
‘‘(ii) transmits to the exporter an Ac-
knowledgment of Consent reflecting receipt 
of each country’s consent. 
‘‘(B) COUNTRY
NOTIFICATION.—In co-
operation with other appropriate agencies, the 
Administrator shall provide notification in writ-
ing of an intended export submitted under sub-
section (f) to the receiving country and any 
transit countries. 
‘‘(C) CONSENT AND EXPORTER NOTIFICA-
TION.—When the receiving country and all 
transit countries consent in writing to the re-
ceipt or transit of the covered electronic equip-
ment, the Administrator shall transmit an Ac-
knowledgment of Consent to the exporter. The 
consent from a receiving or transit country may 
be for a notice of multiple shipments or a speci-
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fied duration as described in subsection (f). The 
exporter shall attach a copy of the Acknowledg-
ment of Consent to the shipping papers or 
equivalent documents to ensure that the Ac-
knowledgment of Consent accompanies the ship-
ment of covered electronic equipment. 
‘‘(3) WITHDRAWAL OF CONSENT.—Where the 
receiving country or a transit country objects to re-
ceipt or transit of the covered electronic equipment, 
or withdraws a prior consent, the Administrator 
shall notify the exporter in writing. 
‘‘(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— 
‘‘(1) testing requirements for covered electronic 
equipment proposed to be exported under subsection 
(b)(3)(B)(ii); 
‘‘(2) establishing a process for licensing entities 
under subsection (g); 
‘‘(3) in consultation with the appropriate Fed-
eral agency or agencies, provisions for an efficient 
export control regime which will allow for— 
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‘‘(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 de-
scribed 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; 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 website 
maintained by the Administrator for a period of 5 
years after each violation. 
‘‘(j) CIRCUIT BOARDS.—For the purposes of export 
to Organization for Economic Co-operation and Develop-
ment member countries, circuit boards shall be subject to 
the Amber Control Procedure as described in the Organi-
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zation for Economic Co-operation and Development Con-
trol System for waste recovery.’’. 
(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 3023 the fol-
lowing new item: 
‘‘Sec 3024. 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); 
(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 3024;’’. 
(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 
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(J) Gadolinium. 
(K) Terbium. 
(L) Dysprosium. 
(M) Holmium. 
(N) Erbium. 
(O) Thulium. 
(P) Ytterbium. 
(Q) Lutetium. 
(R) Other elements identified by the Sec-
retary as rare or in critical supply. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) ESTABLISHMENT.—Not later than 120 days after 
the date of enactment of this Act, the Secretary, in con-
sultation with the Administrator and the heads of other 
appropriate Federal agencies, shall establish the Rare 
Earth Materials Recycling Research Initiative to assist in 
and coordinate the development of research in the recy-
cling of rare earth materials found in electronic devices. 
(c) GRANTS.—Under the Initiative, the Secretary 
shall establish a competitive research application program 
under which the Secretary shall provide grants to appli-
cants to conduct research on one or more of the following 
activities: 
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(1) The safe removal, separation, and recycling 
of rare earth material from electronics. 
(2) Technology, component, and material design 
of electronics more suitable for disassembly and re-
cycling of rare earth material. 
(3) Collection, logistics, and reverse supply 
chain optimization as related to recycling rare earth 
materials from electronics. 
(d) GRANT REQUIREMENTS.—The Secretary shall 
issue requirements for applying for grants under the Ini-
tiative. 
Æ 
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