Responsible Electronics Recycling Act

Floor Speech

Mr. WHITEHOUSE. Mr. President, I rise to make remarks on the introduction of the Responsible Electronics Recycling Act. I would like to thank Senators Sherrod Brown and Lisa Murkowski for joining me in this bipartisan effort, as well as the House sponsors, Representatives Gene Green, Mike Thompson, Steven LaTourette, and Lee Terry.

Significant amounts of U.S. electronic waste are currently exported to developing countries that handle the waste in an unsafe manner. Much of this waste contains toxic materials, such as lead and mercury, and the workers who disassemble and process the electronics use crude, unsafe methods that can lead to health problems. This legislation would put an end to these dangerous practices. The Responsible Electronics Recycling Act would restrict the export of electronic waste, help boost the U.S. recycling industry, and support efforts to domestically recover rare earth materials found in electronics.

The United States is the only developed country that has not ratified the Basel Convention, which prohibits exports of hazardous waste to developing countries. Under the convention, much of the U.S. exportation of electronic waste to developing countries is illegal under the laws of the receiving countries but unfortunately, these laws are poorly enforced.

If we recycled these materials in the U.S., it would create recycling jobs for U.S. workers. Companies recycling in the U.S. often operate under capacity because they cannot compete with the cheaper option of exporting electronic waste to developing countries. We should be processing this waste using U.S. workers, and many companies stand at the ready to begin recycling additional electronic waste.

Moreover, the dumping of used electronics in the developing world can come back to haunt us. Some countries have active underground markets for U.S. hard drives, contributing to identity theft, as documented in a 2009 Frontline investigation. Business Week reported in 2010 that used computer chips from old personal computers are fraudulently re-marked in China as ``military grade'' chips and sold to U.S. military suppliers. Given the risks to our armed forces from defective equipment, I have also introduced the Combating Military Counterfeits Act to enhance the ability of prosecutors to keep counterfeit goods out of the military supply chain.

One of the benefits of recycling electronic waste domestically is the potential to recover rare elements in the process. Rare earth materials are vital to a number of manufacturing processes, including for products such as hybrid car batteries and solar panels, yet prices have skyrocketed as global supply has tightened. According to the Department of Energy, recycled content from electronics could be a valuable secondary source of rare earth materials, but additional research is required on recovery techniques and collection of electronic waste. This act would establish the Rare Earth Materials Recycling Research Initiative at the Department of Energy to coordinate research into the recovery of rare earth materials used in electronics.

The Responsible Electronics Recycling Act would also address the health, environmental, and national security concerns by amending the Solid Waste Disposal Act to prohibit the export of electronic waste to developing countries, with certain exceptions. These exceptions include legitimate exports of tested and working equipment, warranty returns, and recalls. There is also a de minimis exception to allow the export of materials that have so little toxicity they would not pose a risk to human health or the environment. Exporting under the exceptions would require a license and notice to the Environmental Protection Agency. Additional restrictions apply to exports for warranties or recalls, including written consent from the receiving country. The act creates a criminal penalty for knowingly exporting electronic waste, and provides the EPA the authority to inspect establishments handling electronic waste.

Twenty-five States, including Rhode Island, have passed electronic waste recycling laws. States such as Rhode Island already seek to ensure that their downstream recyclers do not export the electronic waste but instead responsibly recycle it here in the U.S. But States can only do so much and a federal law is needed to restrict these harmful exports.

We are pleased to have the support of a number of electronics manufacturers and retailers, including Hewlett Packard, Dell, Apple, Samsung, and Best Buy. We are also pleased to have the endorsement of 29 recyclers representing 74 recycling operations in 34 states. The breadth of our coalition is a testament to the consensus that the harmful export of these products must stop.

With more and more Americans relying on new technologies and generating a growing amount of electronic waste each year, we must take steps to properly dispose of this material. This legislation will crack down on the dumping of electronic waste on developing countries, protect American consumers from counterfeit schemes and identity theft, and support the growth of electronic waste recycling jobs in Rhode Island and across the country.

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