I 

117TH CONGRESS 

1ST SESSION H. R. 3036 

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 

MAY 7, 2021 

Mr. ESPAILLAT (for himself and Mr. STIVERS) 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, 

25 projectors, digital audio players, celVerDate Sep 11 2014 04:11 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036

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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; 

18 (ii) electronic parts of a motor vehicle; 

19 or 

20 (iii) electronic components, or items 

21 containing electronic components, that are 

22 exported or reexported to an entity under 

23 the ownership or control of the person ex24 porting or reexporting the components or 

25 items, with the intent that the components 


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1 or items be used for the purpose for which 

2 the components or items were used in the 

3 United States. 

4 (2) EXEMPTED ELECTRONIC WASTE ITEMS.— 

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

6 electronic waste items’’ means the following: 

7 (i) Tested, working used electronics. 

8 (ii) Low-risk counterfeit electronics. 

9 (iii) Recalled electronics. 

10 (B) DEFINITIONS.—In this paragraph: 

11 (i) TESTED, WORKING USED ELEC12 TRONICS.—The term ‘‘tested, working used 

13 electronics’’ means any used electronic 

14 items that— 

15 (I) are determined, through test16 ing methodologies established by the 

17 Secretary, to be— 

18 (aa) fully functional for the 

19 purpose for which the items were 

20 designed; or 

21 (bb) in the case of multi22 function devices, fully functional 

23 for at least one of the primary 

24 purposes for which the items 

25 were designed; 


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1 (II) are exported with the intent 

2 to reuse the products as functional 

3 products; and 

4 (III) are appropriately packaged 

5 for shipment to prevent the items 

6 from losing functionality as a result of 

7 damage during shipment. 

8 (ii) LOW-RISK COUNTERFEIT ELEC9 TRONICS.—The term ‘‘low-risk counterfeit 

10 electronics’’ means any electronic compo11 nents or items that— 

12 (I) have been subjected to de13 struction processes that render the 

14 items unusable for their original pur15 pose; and 

16 (II) are exported as a feedstock, 

17 with no additional mechanical or hand 

18 separation required, in a reclamation 

19 process to render the electronic com20 ponents or items recycled consistent 

21 with the laws of the foreign country 

22 performing the reclamation process. 

23 (iii) RECALLED ELECTRONICS.—The 

24 term ‘‘recalled electronics’’ means any elec25 tronic items that— 


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1 (I) because of a defect in the de2 sign or manufacture of the items— 

3 (aa) are subject to a recall 

4 notice issued by the Consumer 

5 Product Safety Commission or 

6 other pertinent Federal authority 

7 and have been received by the 

8 manufacturer or its agent and re9 paired by the manufacturer or its 

10 agent to cure the defect; or 

11 (bb) have been recalled by 

12 the manufacturer as a condition 

13 of the validity of the warranty on 

14 the items and have been repaired 

15 by the manufacturer or its agent 

16 to cure the defect; and 

17 (II) are exported by the manufac18 turer of the items. 

19 (iv) FEEDSTOCK.—The term ‘‘feed20 stock’’ means any raw material consti21 tuting the principal input for an industrial 

22 process. 

23 (3) COUNTERFEIT GOOD.—The term ‘‘counter24 feit good’’ means any good on which, or in connec25 tion with which, a counterfeit mark is used. 


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1 (4) COUNTERFEIT MILITARY GOOD.—The term 

2 ‘‘counterfeit military good’’ means a counterfeit good 

3 that— 

4 (A) is falsely identified or labeled as meet5 ing military specifications; or 

6 (B) is intended for use in a military or na7 tional security application. 

8 (5) COUNTERFEIT MARK.—The term ‘‘counter9 feit mark’’ has the meaning given that term in sec10 tion 2320 of title 18, United States Code. 

11 (6) EXPORT ADMINISTRATION REGULATIONS.— 

12 The term ‘‘Export Administration Regulations’’ 

13 means the regulations set forth in subchapter C of 

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

15 or successor regulations. 

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

17 and ‘‘reexport’’ have the meanings given such terms 

18 in section 1742 of the Export Control Reform Act 

19 of 2018 (50 U.S.C. 4801). 

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

21 the Secretary of Commerce. 

22 (9) USED.—The term ‘‘used’’, with respect to 

23 an item, means the item has been operated or em24 ployed. 


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

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

3 electronic waste or exempted electronic waste items. 

4 (c) EXPORT PROHIBITION EXEMPTIONS.—A person 

5 or entity may export or reexport exempted electronic waste 

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

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

8 listed on a publicly available registry maintained by 

9 the Secretary. 

10 (2) FILING OF EXPORT INFORMATION.—For 

11 each export transaction, the person or entity files in 

12 the Automated Export System, in accordance with 

13 part 758 of the Export Administration Regulations 

14 (or any corresponding similar regulation or ruling), 

15 electronic export information that contains at least 

16 the following information: 

17 (A) A description of the type and total 

18 quantity of exempted electronic waste items ex19 ported. 

20 (B) The name of each country that re21 ceived the exempted electronic waste items for 

22 reuse or recycling. 

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

24 to which the exempted electronic waste items 


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1 were received for reclamation, recall, or reuse; 

2 and 

3 (ii) documentation and a declaration that 

4 such consignee has the necessary permits, re5 sources, and competence to manage the exempt6 ed electronic waste items as reusable products 

7 or recyclable feedstock and prevent its release 

8 as a counterfeit good or counterfeit military 

9 good. 

10 (3) COMPLIANCE WITH EXISTING LAWS.—The 

11 export or reexport of exempted electronic waste 

12 items otherwise comply with applicable international 

13 agreements to which the United States is a party 

14 and with other trade and export control laws of the 

15 United States. 

16 (4) EXPORT DECLARATIONS AND REQUIRE17 MENTS.—The exempted electronic waste items are 

18 accompanied by— 

19 (A) documentation of the registration of 

20 the exporter required under paragraph (1); 

21 (B) a declaration signed by an officer or 

22 designated representative of the exporter assert23 ing that the exempted electronic waste items 

24 meet the applicable requirements for exempted 

25 electronic waste items under this section; 


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1 (C) a description of the contents and con2 dition of the exempted electronic waste items in 

3 the shipment; 

4 (D) for tested, working electronics, a de5 scription of the testing methodologies and test 

6 results for each item; 

7 (E) the name of the ultimate consignee 

8 and declaration of the consignee’s applicable 

9 permits, resources, and competence to process 

10 or use the items as intended; and 

11 (F) with respect to low-risk counterfeit 

12 electronics only and when required by the im13 porting country, the written consent of the com14 petent authority of the receiving country to 

15 allow the products in such country. 

16 (d) EXCEPTION FOR PERSONAL USE.—The Sec17 retary may provide for an exception to the requirements 

18 of this section, subject to such recordkeeping requirements 

19 as the Secretary may impose, for the export or reexport 

20 of 5 or fewer items that are or contain electronic compo21 nents intended for personal use. 

22 (e) EFFECTIVE DATE.— 

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

24 this section shall take effect upon the expiration of 


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1 the 1-year period beginning on the date of the enact2 ment of this Act. 

3 (2) MODIFICATION OF EAR.—The Secretary 

4 shall, not later than the effective date under para5 graph (1), ensure that the Export Administration 

6 Regulations are modified to carry out this section. 

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

8 violates this section or the regulations issued under sub9 section (e)(2) shall be subject to the same penalties as 

10 those that apply to any person violating any other provi11 sion of the Export Administration Regulations. 

Æ 


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