,i #aacth ,,congress #ast ,session ,h4 ,r4 #bgia ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjac ,mr4 ,gene ,green of ,texas 7for himself1 ,mr4 ,thompson of ,california1 ,mr4 ,mc,caul1 ,mr4 ,stivers1 ,ms4 ,slaughter1 and ,mr4 ,coffman7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 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 waste1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,responsible ,electronics ,recycling ,act4 #b4 ,electronic waste export restrictions 7a7 ,amendment ,subtitle ,c of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fiba et seq47 is amended by adding at the end the following new section3 #cjbe4 ,electronic waste export restrictions 7a7 ,in general ,beginning on the date that is #cj months after the date of enactment of this section1 no person shall export restricted electronic waste to a country described in subsection 7e74 7b7 ,definitions2 rule of construction ,for purposes of this section3 7#a7 ,consignee ,the term consignee means the ultimate repair1 refurbishment1 treatment1 storage1 or disposal facility in a receiving country to which restricted electronic waste will be sent4 7#b7 ,covered electronic equipment 7,a7 ,in general ,the term covered electronic equipment means the following used items1 whole or in fragments1 including parts1 components1 or assemblies thereof3 7i7 ,computers4 7ii7 ,central processing units4 7iii7 ,mobile computers 7including notebooks1 netbooks1 tablets1 and e-book readers74 7iv7 ,computer accessories 7including input devices1 webcams1 speakers1 data storage devices1 servers1 and monitors74 7v7 ,televisions 7including portable televisions and portable ,,dvd players74 7vi7 ,video display devices 7including digital picture frames and portable video devices74 7vii7 ,digital imaging devices 7including printers1 copiers1 facsimile machines1 image scanners1 and multifunction machines74 7viii7 ,television peripheral devices 7including video cassette recorders1 ,,dvd players1 video game systems1 game controllers1 signal converter boxes1 and cable and satellite receivers74 7ix7 ,digital cameras and projectors4 7x7 ,digital audio players4 7xi7 ,telephones and electronic communication equipment 7including cellular phones and wireless ,internet communication devices74 7xii7 ,networking devices 7including routers1 network cards1 modems1 and hubs74 7xiii7 ,audio equipment4 7xiv7 ,portable video game systems4 7xv7 ,personal digital assistants4 7xvi7 ,portable global positioning system navigation devices4 7xvii7 ,other used electronic products the ,administrator determines to be similar under the procedures promulgated in accordance with subsection 7c74 7,b7 ,exception ,the term covered electronic equipment shall not include parts of a motor vehicle4 7#c7 ,restricted electronic waste 7,a7 ,in general ,the term restricted electronic waste means-- 7i7 items of covered electronic equipment that include1 contain1 are derived from1 or consist of-- 7,i7 cathode ray tubes or cathode ray tube glass in any form1 or cathode ray tube phosphor residues or dusts in any form2 7,,ii7 a lamp or other device containing mercury phosphor2 7,,iii7 batteries containing-- 7aa7 lead1 cadmium1 or mercury2 or 7bb7 organic solvents exhibiting the characteristic of ignitability1 as defined in section #bfa4ba of title #dj1 ,code of ,federal ,regulations2 7,,iv7 switches or any other devices containing mercury2 7,v7 hexavalent chromium2 7,,vi7 other than batteries described in subclause 7,,iii71 items containing antimony1 barium1 cadmium1 lead1 thallium1 beryllium1 arsenic1 or selenium1 including-- 7aa7 circuit boards2 7bb7 printer drums2 7cc7 liquid crystal displays2 7dd7 flatscreen glass2 and 7ee7 light emitting diodes2 or 7ii7 any other covered electronic equipment1 or materials derived therefrom1 containing any other toxic material1 in elemental or compound form1 identified by the ,administrator under subsection 7c74 7,b7 ,exceptions ,the term restricted electronic waste shall not apply to items described in this subparagraph4 7i7 ,de minimis ,covered electronic equipment described in subparagraphs 7,a77i77,,vi7 and 7,a77ii71 including separated component streams 7such as plastics or metals71 which does not exceed de minimis levels set by the ,administrator under subsection 7d74 7ii7 ,reuse ,covered electronic equipment that is-- 7,i7 tested1 pursuant to subsection 7i77#a71 prior to export and found to be-- 7aa7 functional for the purpose for which the equipment was designed1 or1 in the case of multifunction devices1 fully functional for at least one of the primary purposes for which the equipment was designed2 and 7bb7 appropriately packaged for shipment to prevent the equipment from losing functionality due to damage during transit2 and 7,,ii7 appropriately labeled or marked pursuant to subsection 7i77#c77;,a74 7iii7 ,certain cathode ray tube glass ,furnace-ready cathode ray tube glass cullet1 cleaned of all phosphors1 that the competent authority in the importing country declares in writing is not waste1 to be used as-- 7,i7 a direct feedstock in a lead-glass manufacturing furnace2 or 7,,ii7 another feedstock application that does not require further processing or preparation other than quality control4 7iv7 ,warranties ,customer returns1 to point of sale1 to original equipment manufacturers1 or to contractual warranty collectors1 of recently purchased covered electronic equipment-- 7,i7 that is either-- 7aa7 under original equipment manufacturer warranty to customers2 or 7bb7 under warranty from the original design manufacturer or original component manufacturer to the original equipment manufacturer1 or otherwise returned by the original purchaser of the electronic equipment1 due to defect or customer dissatisfaction1 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 model1 except that products and parts covered in this item shall not include-- 7,,aa7 covered electronic equipment accepted for return from individuals or businesses under general takeback1 recycling1 trade-in 7for purposes of recycling1 disposal1 sales promotions1 or obtaining credit for product purchases or leases7 or buy-back programs1 events1 or policies designed to collect used or waste electronic equipment2 7,,bb7 covered electronic equipment returned at the end of leases to customers2 or 7,,cc7 covered electronic equipment collected by asset recovery programs2 and 7,,ii7 where any export of such covered electronic equipment is to a country from whose competent authority the ,administrator receives written consent pursuant to subsection 7h77#a74 7v7 ,recalls ,recalls of covered electronic equipment by an original equipment manufacturer1 original design manufacturer1 or original component manufacturer where-- 7,i7 the covered electronic equipment is subject to recall notice issued by the ,consumer ,product ,safety ,commission or other pertinent ,federal authority2 7,,ii7 the original design manufacturer or original component manufacturer requires the defective covered electronic equipment to be physically returned to that manufacturer as a term of the warranty2 and 7,,iii7 any export of recalled covered electronic equipment is to a country from whose competent authority the ,administrator receives written consent pursuant to subsection 7h77#a74 7#d7 ,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 form4 7c7 ,additional covered electronic equipment and restricted materials ,not later than #ah months after the date of enactment of this section1 the ,administrator shall1 after notice and opportunity for public comment1 and after consultation with appropriate ,federal and ,state agencies1 develop and promulgate procedures for identifying-- 7#a7 similar electronic equipment to add to the list of covered electronic equipment under subsection 7b77#b72 and 7#b7 additional restricted toxic materials to add to the list in subsection 7b77#c77;,a77ii71 the presence of which in covered electronic equipment poses a potential hazard to human health or the environment4 ,such procedures shall include a method for any interested party to propose a new product or material for review by the ,administrator4 7d7 ,de minimis levels ,not later than #ah months after the date of enactment of this section1 the ,administrator shall1 after notice and opportunity for public comment1 and after consultation with appropriate ,federal and ,state agencies1 develop and promulgate procedures for identifying de minimis levels for restricted electronic waste described in subparagraphs 7,a77i77,,vi7 and 7,a77ii7 of subsection 7b77#c71 below which such waste is determined by the ,administrator not to pose a potential hazard to human health or the environment4 7e7 ,countries to which prohibition applies ,the countries referred to in subsection 7a7 are all countries which are not-- 7#a7 members of the ,organisation for ,economic ,co-operation and ,development or the ,european ,union2 or 7#b7 ,liechtenstein4 7f7 ,notice to administrator 7#a7 ,in general ,except as provided in paragraph 7#b71 no person shall export covered electronic equipment described in subsection 7b77#c77;,b7 to a country described in subsection 7e7 unless1 not later than #fj days before the initial export shipment1 such person transmits to the ,administrator written notice of an intended export4 ,such a notification may cover export activities extending over a maximum of #ab months for the same type of covered electronic equipment1 exported to the same facility via the same transit countries4 ,the notification shall include the following information3 7,a7 ,the name1 mailing address1 telephone number1 and if applicable1 the ,environmental ,protection ,agency or ,resource ,conservation and ,recovery ,act identification number4 7,b7 ,documentation of licensing of the exporter under subsection 7g74 7,c7 ,the name and site address of the consignee and any alternate consignee4 7,d7 ,a statement from the exporter that includes-- 7i7 a description of the type and total quantity of covered electronic equipment that will be exported to the consignee2 7ii7 the estimated frequency or rate at which such covered electronic equipment is to be exported1 and the period of time over which such covered electronic equipment is to be exported2 7iii7 all points of entry to and departure from each country through which the covered electronic equipment will pass in transit2 7iv7 a description of the means by which each shipment of the covered electronic equipment will be transported1 including the mode of transportation and type or types of container2 and 7v7 a description of the manner in which the covered electronic equipment will be treated1 stored1 or disposed of in the receiving country4 7,e7 ,a list of all transit countries through which the covered electronic equipment will be transported1 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 there4 7#b7 ,exception ,the requirements of paragraph 7#a7 shall not apply with respect to exports of covered electronic equipment described in subsection 7b77#c77;,b77i71 or exports of covered electronic equipment described in subsection 7b77#c77;,b77ii74 7g7 ,licenses ,in order to export covered electronic equipment to a country described in subsection 7e7 under the exceptions to restricted electronic waste in subsection 7b77#c77;,b71 an entity shall obtain a license for such export that is issued by the ,administrator in accordance with regulations issued under subsection 7i77#b74 7h7 ,additional ,export ,conditions 7#a7 ,warranties and ,recalls 7,a7 ,in general ,no person shall export covered electronic equipment to a country described in subsection 7e7 under the exceptions to restricted electronic waste in subsections 7b77#c77;,b77iv7 or 7v7 unless-- 7i7 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 assembly1 or to a company contracted to make warranty repairs1 for the purposes of business credit to the original equipment manufacturer1 repair or refurbishment and subsequent reuse1 or replacement2 7ii7 the original equipment manufacturer has a presence and assets in the ,united ,states2 and 7iii7 the person who exports the covered electronic equipment-- 7,i7 keeps copies of normal business records1 such as contracts1 demonstrating that each shipment of exported covered electronic equipment is intended for repair or refurbishment and subsequent reuse1 or replacement1 which documentation shall be retained for a period of at least #c years after the date of export2 and 7,,ii7 submits an annual report to the ,administrator on the amount and types of waste resulting from the refurbishment or replacement process1 and how it was disposed of or recycled1 which shall include-- 7aa7 number and weight of units of products returned by the original equipment manufacturer for repair1 refurbishment1 or replacement listed by category and country of destination2 and 7bb7 the covered electronic equipment1 or materials derived therefrom1 sent onward to further reuse1 disposal1 or recycling following repair1 refurbishment1 or replacement1 listed by weight1 a description of the wastes1 and the ultimate country destination4 7,b7 ,acknowledgment of consent 7i7 ,requirement ,no person shall export covered electronic equipment to a country described in subsection 7e7 under the exceptions to restricted electronic waste in subsections 7b77#c77;,b77iv7 or 7v7 until the ,administrator-- 7,i7 obtains the written consent of the competent authority of the receiving country1 and of each country through which the covered electronic equipment will pass in transit2 and 7,,ii7 transmits to the exporter an ,acknowledgment of ,consent reflecting receipt of each country's consent4 7ii7 ,country notification ,in cooperation with other appropriate agencies1 the ,administrator shall provide notification in writing of an intended export submitted under subsection 7f7 to the receiving country and any transit countries4 7iii7 ,consent and exporter notification ,when the receiving country and all transit countries consent in writing to the receipt or transit of the covered electronic equipment1 the ,administrator shall transmit an ,acknowledgment of ,consent to the exporter4 ,the consent from a receiving or transit country may be for a notice of multiple shipments or a specified duration as described in subsection 7f74 ,the exporter shall attach a copy of the ,acknowledgment of ,consent to the shipping papers or equivalent documents to ensure that the ,acknowledgment of ,consent accompanies the shipment of covered electronic equipment4 7,c7 ,withdrawal of consent ,where the receiving country or a transit country objects to receipt or transit of the covered electronic equipment1 or withdraws a prior consent1 the ,administrator shall notify the exporter in writing4 7#b7 ,reuse ,no person shall export covered electronic equipment to a country described in subsection 7e7 under the exception to restricted electronic waste in subsection 7b77#c77;,b77ii7 unless such covered electronic equipment is accompanied by documentation that is available for review1 including-- 7,a7 documentation of licensing of the exporter under subsection 7g72 and 7,b7 a declaration signed by an officer or designated representative of the exporter asserting that such equipment-- 7i7 was tested1 pursuant to subsection 7i77#a71 after it was removed from service1 or after it was repaired or refurbished1 and is functional in accordance with the requirements of subsection 7b77#c77;,b77ii72 and 7ii7 is being exported for the purpose of direct reuse1 and not for recycling or final disposal4 7#c7 ,de minimis exports ,no person shall export covered electronic equipment described in subsection 7b77#c77;,b77i7 unless such equipment is accompanied by documentation of licensing of the exporter under subsection 7g74 7#d7 ,certain transactions ,in the case of a routed export transaction of covered electronic equipment under the exceptions to restricted electronic waste in subsection 7b77#c77;,b7 where the exporter of record is a ,foreign ,principle ,party in ,interest 7,,ffpi71 then the ,u4,s4 ,principle ,party in ,interest 7,,usppi7 is responsible for compliance with the requirements of this section1 including the licensing requirements under subsection 7g74 7i7 ,regulations ,not later than #ah months after the date of enactment of this section1 the ,administrator shall issue regulations for carrying out this section1 including the following3 7#a7 ,testing requirements for covered electronic equipment proposed to be exported pursuant to the exception to restricted electronic waste in subsection 7b77#c77;,b77ii74 7#b7 ,establishing a process for licensing entities under subsection 7g71 including requirements that entities proposing to export covered electronic equipment under the exceptions to restricted electronic waste in subsection 7b77#c77;,b7 must meet to obtain a license1 including documentation that-- 7,a7 the exporter has an adequate physical presence in the ,united ,states1 as determined by the ,administrator1 in order to be able to physically manage the equipment being exported2 and 7,b7 with respect to covered electronic equipment that is being exported for reuse pursuant to the exception to restricted electronic waste in subsection 7b77#c77;,b77ii71 the exporter has procedures and controls in place to ensure that adequate testing1 pursuant to paragraph 7#a71 will occur to determine the functionality of such equipment1 in accordance with the requirements of such subsection 7b77#c77;,b77ii74 7#c7 ,in consultation with the appropriate ,federal agency or agencies1 provisions for an efficient export control regime which will allow for-- 7,a7 requiring a person exporting under this section to use appropriate labeling or marking1 distinguishing among-- 7i7 covered electronic equipment as permitted under this section2 7ii7 restricted electronic waste described in this section2 and 7iii7 tested working covered electronic equipment as permitted under this section2 and 7,b7 enforcement mechanisms1 tests1 and procedures in coordination with enforcement procedures administered by other appropriate ,federal agencies1 including-- 7i7 procedures to ensure that exports of covered electronic equipment under the exception to restricted electronic waste in subsection 7b77#c77;,b77ii7 without proper documentation required under subsection 7h77#b7 shall not proceed out of the port2 and 7ii7 procedures whereby entities who obtain a license for export under subsection 7g7 will forfeit such license for violation of this section4 7#d7 ,establishing a registry of violators1 whereby any person or entity found to be exporting restricted 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 #e years after each violation4 4 7b7 ,table of contents amendment ,the table of contents for the ,solid ,waste ,disposal ,act is amended by adding after the item relating to section #cjbd the following new item3 ,sec #cjbe4 ,electronic waste export restrictions4 4 #c4 ,enforcement 7a7 ,criminal penalties ,section #cjjh7;d7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fibh7;d77 is amended-- 7#a7 by striking or at the end of paragraph 7#f72 7#b7 by inserting or at the end of paragraph 7#g77;,b72 and 7#c7 by inserting after paragraph 7#g7 the following new paragraph3 7#h7 knowingly exports restricted electronic waste in violation of section #cjbe2 4 7b7 ,inspections ,section #cjjg7;a7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fibg7;a77 is amended-- 7#a7 by inserting or restricted electronic wastes after or has handled hazardous wastes2 and 7#b7 by inserting or restricted electronic wastes after or other place where hazardous wastes4 #d4 ,critical minerals and rare earth elements recycling research 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,critical ,minerals ,the term critical mineral means any of the following chemical elements in any physical form or chemical combination3 7,a7 ,antimony4 7,b7 ,beryllium4 7,c7 ,cobalt4 7,d7 ,fluorspar4 7,e7 ,gallium4 7,f7 ,germanium4 7,g7 ,graphite4 7,h7 ,indium4 7,i7 ,magnesium4 7,j7 ,niobium4 7,k7 ,platinum group metals 7,p,g,ms74 7,l7 ,tantalum4 7,m7 ,tungsten4 7,n7 ,other elements identified by the ,secretary as in critical supply4 7#c7 ,rare earth elements ,the term rare earth element means any of the following chemical elements in any physical form or chemical combination3 7,a7 ,scandium4 7,b7 ,yttrium4 7,c7 ,lanthanum4 7,d7 ,cerium4 7,e7 ,praseodymium4 7,f7 ,neodymium4 7,g7 ,promethium4 7,h7 ,samarium4 7,i7 ,europium4 7,j7 ,gadolinium4 7,k7 ,terbium4 7,l7 ,dysprosium4 7,m7 ,holmium4 7,n7 ,erbium4 7,o7 ,thulium4 7,p7 ,ytterbium4 7,q7 ,lutetium4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,research on critical minerals and rare earth elements in electronic devices ,the ,secretary1 in consultation with the ,administrator and the heads of other appropriate ,federal agencies1 shall assist in1 and coordinate the development of1 research in the recovering and recycling of critical minerals and rare earth elements found in electronic devices4 7c7 ,grants ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall establish a competitive research application program under which the ,secretary shall provide grants to applicants to conduct research on one or more of the following activities3 7#a7 ,the safe removal1 separation1 and recycling of critical minerals and rare earth elements from electronics4 7#b7 ,technology1 component1 and material design of electronics more suitable for disassembly and recycling of critical minerals and rare earth elements4 7#c7 ,collection1 logistics1 and reverse supply chain optimization as related to recycling critical minerals and rare earth elements from electronics4 7d7 ,grant requirements ,the ,secretary shall issue requirements for applying for grants under subsection 7c74