I 

114TH CONGRESS 

2D SESSION H. R. 5579 

To control the export of electronic waste in order to ensure that such waste 

does not become the source of counterfeit goods that may reenter military 

and civilian electronics supply chains in the United States, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2016 

Mr. COOK (for himself and Mr. GENE GREEN of Texas) introduced the 

following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To control the export of electronic waste in order to ensure 

that such waste does not become the source of counterfeit goods that may reenter military and civilian electronics supply chains in the United States, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure E-Waste Ex5 port and Recycling Act’’. 

6 SEC. 2. EXPORT CONTROLS ON ELECTRONIC WASTE. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) ELECTRONIC WASTE.— 

2 (A) IN GENERAL.—The term ‘‘electronic 

3 waste’’ means any of the following used items 

4 containing electronic components, or fragments 

5 thereof, including parts or subcomponents of 

6 such items: 

7 (i) Computers and related equipment. 

8 (ii) Data center equipment (including 

9 servers, network equipment, firewalls, bat10 tery backup systems, and power distribu11 tion units). 

12 (iii) Mobile computers (including note13 books, netbooks, tablets, and e-book read14 ers). 

15 (iv) Televisions (including portable 

16 televisions and portable DVD players). 

17 (v) Video display devices (including 

18 monitors, digital picture frames, and port19 able video devices). 

20 (vi) Digital imaging devices (including 

21 printers, copiers, facsimile machines, image 

22 scanners, and multifunction machines). 

23 (vii) Consumer electronics— 

24 (I) including digital cameras, 

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1 lular phones and wireless Internet 

2 communication devices, audio equip3 ment, video cassette recorders, DVD 

4 players, video game systems (includ5 ing portable systems), video game 

6 controllers, signal converter boxes, 

7 and cable and satellite receivers; and 

8 (II) not including appliances that 

9 have electronic features. 

10 (viii) Portable global positioning sys11 tem navigation devices. 

12 (ix) Other used electronic items that 

13 the Secretary determines to be necessary 

14 to carry out this section. 

15 (B) EXEMPT ITEMS.—The term ‘‘electronic 

16 waste’’ does not include— 

17 (i) exempted electronic waste items; or 

18 (ii) electronic parts of a motor vehicle. 

19 (2) EXEMPTED ELECTRONIC WASTE ITEMS.— 

20 (A) IN GENERAL.—The term ‘‘exempted 

21 electronic waste items’’ means the following: 

22 (i) Tested, working used electronics. 

23 (ii) Low-risk counterfeit electronics. 

24 (iii) Recalled electronics. 

25 (B) DEFINITIONS.—In this paragraph: 


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1 (i) TESTED, WORKING USED ELEC2 TRONICS.—The term ‘‘tested, working used 

3 electronics’’ means any used electronic 

4 items that— 

5 (I) are determined, through test6 ing methodologies established by the 

7 Secretary, to be fully functional for 

8 the purpose for which the items were 

9 designed, or, in the case of multi10 function devices, fully functional for 

11 at least one of the primary purposes 

12 for which the items were designed; 

13 (II) are exported with the intent 

14 to reuse the products as functional 

15 products; and 

16 (III) are appropriately packaged 

17 for shipment to prevent the items 

18 from losing functionality due to dam19 age during shipment. 

20 (ii) LOW-RISK COUNTERFEIT ELEC21 TRONICS.—The term ‘‘low-risk counterfeit 

22 electronics’’ means any electronic compo23 nents or items that— 

24 (I) have been subjected to de25 struction processes that render the 


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1 items unusable for their original pur2 pose; and 

3 (II) are exported as a feedstock, 

4 with no additional mechanical or hand 

5 separation required, in a reclamation 

6 process to render the electronic com7 ponents or items recycled consistent 

8 with the laws of the foreign country 

9 performing the reclamation process. 

10 (iii) The term ‘‘recalled electronics’’ 

11 means any electronic items that— 

12 (I) because of a defect in the de13 sign or manufacture of the items— 

14 (aa) are subject to a recall 

15 notice issued by the Consumer 

16 Product Safety Commission or 

17 other pertinent Federal authority 

18 and have been received by the 

19 manufacturer or its agent and re20 paired by the manufacturer or its 

21 agent to cure the defect; or 

22 (bb) have been recalled by 

23 the manufacturer as a condition 

24 of the validity of the warranty on 

25 the items and have been repaired 


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1 by the manufacturer or its agent 

2 to cure the defect; and 

3 (II) are exported by the manufac4 turer of the items. 

5 (iv) The term ‘‘feedstock’’ means any 

6 raw material constituting the principal 

7 input for an industrial process. 

8 (3) COUNTERFEIT GOOD.—The term ‘‘counter9 feit good’’ means any good on which, or in connec10 tion with which, a counterfeit mark is used. 

11 (4) COUNTERFEIT MILITARY GOOD.—The term 

12 ‘‘counterfeit military good’’ means a good that uses 

13 a counterfeit mark on or in connection with such 

14 good and that— 

15 (A) is falsely identified or labeled as meet16 ing military specifications; or 

17 (B) is intended for use in a military or na18 tional security application. 

19 (5) COUNTERFEIT MARK.—The term ‘‘counter20 feit mark’’ has the meaning given that term in sec21 tion 2320 of title 18, United States Code. 

22 (6) EXPORT ADMINISTRATION REGULATIONS.— 

23 The term ‘‘Export Administration Regulations’’ 

24 means the regulations set forth in subchapter C of 


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1 chapter VII of title 15, Code of Federal Regulations, 

2 or successor regulations. 

3 (7) EXPORT; REEXPORT.—The terms ‘‘export’’ 

4 and ‘‘reexport’’ mean ‘‘export’’ and ‘‘reexport’’ with5 in the meaning of the Export Administration Act of 

6 1979 (50 U.S.C. App. 2401 et seq.), as in effect 

7 pursuant to the International Emergency Economic 

8 Powers Act (50 U.S.C. 1701 et seq.). 

9 (8) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Commerce. 

11 (9) USED.—A product is ‘‘used’’ if it has been 

12 operated or employed. 

13 (b) PROHIBITION.—Except as provided in subsections 

14 (c) and (d), no person or entity may export or reexport 

15 electronic waste or exempted electronic waste items. 

16 (c) EXPORT PROHIBITION EXEMPTIONS.—A person 

17 or entity may export or reexport exempted electronic waste 

18 items, but only if the following requirements are met: 

19 (1) REGISTRATION.—The person or entity is 

20 listed on a publicly available registry maintained by 

21 the Secretary. 

22 (2) FILING OF EXPORT INFORMATION.—For 

23 each export transaction, the person or entity files in 

24 the Automated Export System, in accordance with 

25 part 758 of the Export Administration Regulations, 


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1 Electronic Export Information that contains at least 

2 the following information: 

3 (A) A description of the type and total 

4 quantity of exempted electronic waste items ex5 ported. 

6 (B) The name of each country that re7 ceived the exempted electronic waste items for 

8 reuse or recycling. 

9 (C)(i) The name of the ultimate consignee 

10 to which the exempted electronic waste items 

11 were received for reclamation, recall, or reuse; 

12 and 

13 (ii) documentation and a declaration that 

14 such consignee has the necessary permits, re15 sources, and competence to manage the exempt16 ed electronic waste items as reusable products 

17 or recyclable feedstock and prevent its release 

18 as a counterfeit good or counterfeit military 

19 good. 

20 (3) COMPLIANCE WITH EXISTING EXPORT

21 LAWS.—The export or reexport of exempted elec22 tronic waste items otherwise comply with applicable 

23 international agreements to which the United States 

24 is a party and with other trade laws of the United 

25 States. 


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1 (4) EXPORT DECLARATIONS AND REQUIRE2 MENTS.—The exempted electronic waste items are 

3 accompanied by— 

4 (A) documentation of the registration of 

5 the exporter required under paragraph (1); 

6 (B) a declaration signed by an officer or 

7 designated representative of the exporter assert8 ing that the exempted electronic waste items 

9 meet the applicable requirements for exempted 

10 electronic waste items under this section; 

11 (C) a description of the contents and con12 dition of the exempted electronic waste items in 

13 the shipment; 

14 (D) for tested, working electronic equip15 ment, a description of the testing methodologies 

16 and test results for each item; 

17 (E) the name of the ultimate consignee 

18 and declaration of the consignee’s applicable 

19 permits, resources, and competence to process 

20 or use the equipment as intended; and 

21 (F) with respect to low-risk counterfeit 

22 electronics only and when required by the im23 porting country, the written consent of the com24 petent authority of the receiving country to 

25 allow the products in such country. 


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1 (d) OTHER EXCEPTIONS.—The Secretary may pro2 vide for such exceptions to the requirements of this section 

3 for— 

4 (1) exports or reexports of 5 items or fewer per 

5 transaction of electronic components, or items con6 taining electronic components, that are intended for 

7 personal use, and 

8 (2) exports or reexports of electronic compo9 nents, or items containing electronic components, 

10 that are made to a person or entity under the own11 ership or control of the person or entity exporting or 

12 reexporting the components or items, 

13 subject to such recordkeeping requirements as the Sec14 retary may impose, but only if the components or items 

15 are exported or reexported (as the case may be) with the 

16 intent that they be used for the purpose for which the 

17 components or items (as the case may be) were used in 

18 the United States. 

19 (e) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—Subject to paragraph (2), 

21 this section shall take effect upon the expiration of 

22 the 1-year period beginning on the date of the enact23 ment of this Act. 

24 (2) MODIFICATION OF EAR.—The Secretary 

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1 graph (1), ensure that the Export Administration 

2 Regulations are modified to carry out this section. 

3 (f) PENALTIES FOR VIOLATIONS.—Any person who 

4 violates this section or the regulations issued under sub5 section (e)(2) shall be subject to the same penalties as 

6 those that apply to any person violating any other provi7 sion of the Export Administration Regulations. 

Æ 


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