621 
Act, the Administrator, in consultation with other ap-
propriate agencies, shall establish a program to pro-
vide assistance to reduce deforestation in developing 
countries and its impacts, in accordance with this 
section. 
(2) OBJECTIVES.—The objectives of the program 
established under paragraph (1) shall be— 
(A) to achieve— 
(i) emissions reductions of at least 
7,000,000,000 tons of carbon dioxide equiva-
lent in 2025; 
(ii) cumulative emissions reductions of 
at least 11,000,000,000 tons of carbon diox-
ide equivalent by December 31, 2030; and 
(iii) additional emissions reductions in 
subsequent years; 
(B) to build capacity to reduce deforestation 
at a national level in developing countries expe-
riencing deforestation, which may include— 
(i) preparing developing countries to 
participate in international markets for 
international offset credits for reduced emis-
sions from deforestation; 
(ii) supporting the development of 
overseas domestic policy frameworks to en-
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00621
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
622 
sure effective, efficient, and equitable ben-
efit-sharing of the proceeds of such credits 
issued by national and subnational govern-
ments; and 
(iii) promoting and expanding land ti-
tling initiatives and programs in other 
countries; 
(C) to preserve forest carbon stocks in coun-
tries where such forest carbon may be vulnerable 
to leakage, particularly in developing countries 
with largely intact native forests; 
(D) to build the scientific knowledge and in-
stitutional capacity to help developing coun-
tries— 
(i) monitor the effects of climate 
change on their forests; 
(ii) develop and implement strategies 
to conserve their forests; and 
(iii) support forest-dependent commu-
nities adapt to climate change; 
(E) to the extent practicable, to reduce de-
forestation in ways that reduce the vulnerability 
and increase the resilience to climate effects for 
forests and forest-dependent communities; 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00622
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
623 
(F) to prevent degradation and fragmenta-
tion of forests and other intact ecosystems, par-
ticularly in tropical countries, including by pro-
viding assistance or supporting policies to— 
(i) conserve, protect, and restore the in-
tegrity of such ecosystems; and 
(ii) support the rights of Indigenous 
People and local communities and their 
ability to continue their effective steward-
ship of their intact traditional lands and 
territories; 
(G) to build capacity to address illegal de-
forestation for agricultural commodities; and 
(H) to remove subsidies that favor deforest-
ation; 
(e) REQUIREMENTS FOR INTERNATIONAL DEFOREST-
ATION REDUCTION PROGRAM.— 
(1) ELIGIBLE COUNTRIES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Administrator may pro-
vide assistance under this section only with re-
spect to a developing country that— 
(i) the Administrator, in consultation 
with other appropriate agencies, deter-
mines— 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00623
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
624 
(I) is experiencing deforestation 
or forest degradation; or 
(II) has standing forest carbon 
stocks that may be at risk of deforest-
ation or degradation; 
(ii) has the legal regimes, standards, 
and safeguards to ensure that the rights and 
interests of indigenous peoples and forest-de-
pendent communities are protected in ac-
cordance with the standards established 
under paragraph (4); and 
(iii) has entered into a bilateral or 
multilateral agreement or arrangement with 
the United States, or is part of an inter-
national program supported by the United 
States to prevent deforestation, that estab-
lishes the conditions of participation by the 
country in the program established under 
this section, which shall include an agree-
ment to meet the standards established 
under paragraph (4) for the activities to 
which such standards apply. 
(B) EXCEPTION.—A developing country 
that does not meet the requirement described in 
paragraph (1)(A)(ii) may receive assistance 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00624
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
625 
under this section for the purpose of building ca-
pacity to meet such requirement. 
(2) AUTHORIZED ACTIVITIES.—Subject to the re-
quirements of this section, in providing assistance 
under this section, the Administrator may support 
activities to achieve the objectives described in sub-
section (c)(2), such as— 
(A) national deforestation reduction activi-
ties; 
(B) subnational deforestation and forest 
degradation reduction activities, including pilot 
activities, policies, and measures that reduce 
greenhouse gas emissions and are subject to sig-
nificant uncertainty; 
(C) activities to measure, monitor, and 
verify deforestation, avoided deforestation, and 
rates of deforestation, including, if applicable, 
spatially explicit land use plans that identify in-
tact and primary forest areas and managed for-
est areas; 
(D) leakage prevention activities; 
(E) the development and implementation of 
measurement, 
monitoring, 
reporting, 
and 
verification capacities and governance structures, 
including legal regimes, standards, processes, 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00625
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
626 
and safeguards, as established under paragraph 
(4), to enable a country to quantify emissions re-
ductions for purposes of purchasing or trading 
subnational emissions reduction credits in car-
bon markets; 
(F) the identification of, and actions to ad-
dress, the drivers of land use emissions; 
(G) programs that would exclude from the 
United States illegally harvested timber or prod-
ucts made from illegally harvested timber, in ac-
cordance with and consistent with the objectives 
of the Lacey Act Amendments of 1981 (16 U.S.C. 
3371 et seq.); 
(H) the development and strengthening of 
governance capacities to reduce deforestation and 
other land use emissions and to combat illegal 
logging and associated trade, including the devel-
opment of systems for independent monitoring of 
the efficacy of forest law enforcement and in-
creased enforcement cooperation, including joint 
efforts with Federal agencies, to enforce the 
Lacey Act Amendments of 1981 (16 U.S.C. 3371 
et seq.); 
(I) programs to help countries strengthen 
the necessary governance and technological ca-
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00626
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
627 
pacity to trace and make publicly available the 
origin of agricultural commodities associated 
with tropical deforestation, such as beef, soy, 
palm oil, paper, pulp, cocoa, and rubber; 
(J) the development and strengthening of 
governance capacities and associated implemen-
tation activities to combat illegal deforestation 
related to the production of agricultural com-
modities, such as those described in subpara-
graph (I); 
(K) the provision of incentives for policy re-
forms to achieve the objectives described in sub-
section (c)(2); 
(L) the development of pilot projects— 
(i) to examine where mitigation and 
adaptation activities in forest ecosystems 
coincide; and 
(ii) to explore means for enhancing the 
resilience of forest ecosystems and forest-de-
pendent communities; 
(M) the promotion of mechanisms to deliver 
resources for local action and to address the 
needs, rights, interests, and participation of local 
and indigenous communities; 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00627
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
628 
(N) the promotion of land tenure and ti-
tling programs, including legal recognition and 
effective protection of the land tenure, access and 
use rights of Indigenous People and local com-
munities; and 
(O) the monitoring and evaluation of the 
results of the activities conducted under this sec-
tion. 
(3) MECHANISMS.—The Administrator shall 
apply the administrative authorities under the For-
eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
except to the extent inconsistent with the provisions of 
this section, to the same extent and in the same man-
ner as such authorities apply to the implementation 
of such Act in order to support activities to achieve 
the objectives described in subsection (c)(2) by— 
(A) developing and implementing programs 
and project-level activities that achieve such ob-
jectives; 
(B) to the extent practicable, giving priority 
in any review process to activities under para-
graph (2)(A); and 
(C) as appropriate, considering multi-year 
funding arrangements in carrying out the pur-
poses of this section. 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00628
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
629 
(4) STANDARDS.—The Administrator, in con-
sultation with other appropriate agencies, shall estab-
lish program standards that— 
(A) 
ensure 
that 
emissions 
reductions 
achieved through supported activities— 
(i) 
are 
additional, 
measurable, 
verifiable, and monitored; 
(ii) account for leakage, uncertainty, 
and permanence; and 
(iii) at a minimum, meet the stand-
ards established under the emissions unit 
criteria of the Carbon Offsetting and Reduc-
tion Scheme for International Aviation 
(CORSIA) developed by the International 
Civil Aviation Organization (ICAO); 
(B) require— 
(i) the establishment of a national de-
forestation baseline for each country with 
national deforestation reduction activities 
that is used to account for reductions 
achieved from such activities; or 
(ii) if a developing country has estab-
lished policies and taken measures to reduce 
emissions from disturbed peatlands, defor-
estation, or forest degradation, but has not 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00629
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
630 
established a national baseline, the provi-
sion of a credible, transparent, accurate, 
and conservative alternative for quantifying 
emissions; 
(C) provide that each national deforestation 
baseline established under subparagraph (B)(i)— 
(i) is national, or subnational on an 
interim basis, in scope; and 
(ii) is consistent with nationally ap-
propriate mitigation commitments or ac-
tions with respect to deforestation, taking 
into consideration— 
(I) the average annual historical 
deforestation rates of the country dur-
ing a period of at least 5 years; and 
(II) the applicable drivers of de-
forestation and other factors to ensure 
additionality; 
(iii) establishes a trajectory that would 
result in zero net deforestation by not later 
than 20 years after the date on which the 
baseline is established; 
(iv) is adjusted over time to account 
for changing national circumstances; and 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00630
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
631 
(v) is designed to account for all sig-
nificant sources of greenhouse gas emissions 
from deforestation in the country; 
(D) with respect to assistance provided for 
activities described in subparagraph (A) or (B) 
of paragraph (2), require emissions reductions to 
be achieved and verified before the provision of 
any assistance under this section; 
(E) with respect to accounting for sub-
national deforestation and forest degradation re-
duction activities that lack the standardized or 
precise measurement and monitoring techniques 
needed for a full accounting of changes in emis-
sions or baselines, or are subject to other sources 
of uncertainty, apply a conservative discount 
factor to reflect the uncertainty regarding the 
levels of reductions achieved; 
(F) ensure that activities under this section 
are designed, carried out, and managed— 
(i) using forest management practices 
that, in an open and transparent process— 
(I) improve the livelihoods of for-
est communities in a manner that pro-
motes the maintenance of intact forests, 
protects associated biodiversity, and re-
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00631
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
632 
stores native forest species and eco-
systems while avoiding the introduc-
tion of invasive nonnative species; 
(II) maintain natural biodiver-
sity, resilience, and carbon storage ca-
pacity of forests; 
(III) to the extent practicable, do 
not adversely affect the permanence of 
forest carbon stocks or emissions reduc-
tions; 
(IV) include broad stakeholder 
participation and the free prior and 
informed consent of affected indigenous 
peoples; and 
(V) take into account the needs 
and interests of local communities, for-
est-dependent communities, indigenous 
peoples, and vulnerable social groups; 
(ii) in consultation with, and with the 
full and effective participation of, local 
communities, indigenous peoples, and for-
est-dependent communities in affected areas, 
as partners and primary stakeholders, be-
fore and during the design, planning, im-
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00632
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
634 
(iii) ensure equitable sharing of profits 
and benefits from incentives for emissions 
reductions or leakage prevention with local 
communities, indigenous peoples, and for-
est-dependent communities. 
(5) SCOPE.— 
(A) REDUCED
EMISSIONS.—The Adminis-
trator shall include reduced emissions from forest 
degradation and disturbance of peatlands within 
the scope of activities under this section. 
(B) EXPANSION
OF
AUTHORIZED
ACTIVI-
TIES.—If the Administrator determines, in con-
sultation with other appropriate agencies, that 
sufficient methodologies and technical capacities 
exist to measure, monitor, and account for the 
emissions referred to in subparagraph (A), the 
Administrator may expand the authorized ac-
tivities under this section, as appropriate, to in-
clude reduced soil carbon-derived emissions asso-
ciated with deforestation and degradation of for-
ested wetlands and peatlands, consistent with a 
comprehensive approach to maintaining and en-
hancing forests, increasing climate resiliency, re-
ducing emissions, and increasing removals of 
greenhouse gases. 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00634
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
635 
(6) ACCOUNTING.—The Administrator shall use 
a publicly accessible registry to account for and reg-
ister the emissions reductions achieved through assist-
ance provided under this section each year, after ap-
propriately discounting for uncertainty and other rel-
evant factors as required by the standards established 
under paragraph (4). 
(7) INTERNATIONAL DEFORESTATION REDUCTION 
PROGRAM INSURANCE ACCOUNT FOR NONCOMPLETION 
OR REVERSAL.—In furtherance of the objectives de-
scribed in subsection (c)(2), the Administrator shall 
develop and implement a program that— 
(A) addresses noncompletion or reversal 
with respect to any greenhouse gas emissions 
that were not, or are no longer, sequestered; and 
(B) may include a mechanism to hold in re-
serve a portion of the amount allocated for 
projects to support the program. 
(8) EXTENSION OF ASSISTANCE.— 
(A) IN GENERAL.—The Administrator may 
extend, for an additional 5 years, the period dur-
ing which assistance is authorized for activities 
supported by assistance under this section, if the 
Administrator determines that— 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00635
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
636 
(i) the country in which the activities 
are 
conducted 
is 
making 
substantial 
progress toward adopting and implementing 
a program to achieve reductions in deforest-
ation measured against a national baseline; 
(ii) the greenhouse gas emissions reduc-
tions achieved as a result of the activities 
are not resulting in significant leakage; 
(iii) such greenhouse gas emissions re-
ductions are being appropriately discounted 
to account for any leakage that is occurring; 
and 
(iv) such extension would further ad-
vance or ensure achievement of the objectives 
of the activities. 
(B) ASSISTANCE FOR SUBNATIONAL DEFOR-
ESTATION
AND
FOREST
DEGRADATION
REDUC-
TION ACTIVITIES.— 
(i) IN GENERAL.—If the Administrator 
extends the period during which assistance 
is authorized for activities under subpara-
graph (A), the Administrator shall deter-
mine, based on the criteria specified that 
subparagraph, 
whether 
such 
assistance 
should include assistance for subnational 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00636
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
637 
deforestation and forest degradation reduc-
tion activities. 
(ii) CONTINUED ASSISTANCE.—The Ad-
ministrator may extend the period during 
which assistance is authorized for sub-
national deforestation and forest degrada-
tion reduction activities beyond the 5-year 
period described in subparagraph (A) in 
order to further the objectives described in 
subparagraph (B) or (C) of subsection 
(c)(2). 
(9) COORDINATION
WITH
FOREIGN
ASSIST-
ANCE.—Subject to the direction of the President, the 
Administrator shall, to the extent practicable and 
consistent with the objectives described in subsection 
(c)(2), seek to align activities under this section with 
broader development, poverty alleviation, or natural 
resource management objectives and initiatives in 
countries receiving assistance under this section. 
(10) ASSISTANCE AS SUPPLEMENT.—The provi-
sion of assistance for activities under this section 
shall be used to supplement, and not to supplant, any 
other Federal, State, or local support available to 
carry out activities under this section. 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00637
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
638 
(11) FUNDING LIMITATION.—Of the funds made 
available to carry out this section in any fiscal year, 
not more than 7 percent may be used for the adminis-
trative expenses of the United States Agency for Inter-
national Development in support of activities de-
scribed in paragraph (2). Such amount shall be in 
addition to other amounts otherwise available for 
such purposes. 
(f) LEGAL EFFECT.— 
(1) IN GENERAL.—Nothing in this section may 
be construed to supersede, limit, or otherwise affect 
any restriction imposed by Federal law (including 
regulations) on any interaction between an entity lo-
cated in the United States and an entity located in 
a foreign country. 
(2) ROLE OF THE SECRETARY OF STATE.—Noth-
ing in this section may be construed to affect the role 
of the Secretary of State or the responsibilities of the 
Secretary under section 622(c) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2382(c)). 
(g) INTERNATIONAL FINANCIAL INSTITUTIONS.—The 
President shall direct the United States representatives to 
the World Bank, the International Monetary Fund, and 
other international financial institutions (as defined in sec-
tion 1701(c) of the International Financial Institutions Act 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00638
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
639 
(22 U.S.C. 262r(c)) to prioritize efforts to combat deforest-
ation. 
SEC. 612. CONTROLLING THE EXPORT OF ELECTRONIC 
WASTE TO PROTECT UNITED STATES SUPPLY 
CHAINS. 
(a) FINDINGS.—Congress finds the following: 
(1) It is in the national security interests of the 
United States to ensure that the export of electronic 
waste does not become the source of counterfeit goods 
that may reenter electronics supply chains in the 
United States, and for other purposes. 
(2) A 2012 Senate Armed Services Committee 
Report ‘‘discovered counterfeit electronic parts from 
China in the Air Force’s largest cargo plane, in as-
semblies intended for Special Operations helicopters, 
and in a Navy surveillance plane among 1,800 cases 
of bogus parts’’. 
(3) Further, exporting such material has often 
resulted in environmental damage because of illegal 
dumping or inadequate environmental regulations in 
other countries for ensuring their safe and secure dis-
posal. 
(4) China, the single largest producer of elec-
tronic waste, is on track for its e-waste industry to 
total $23,800,000,000 by 2030, given its high supply 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00639
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
640 
of used products, demand for recycled materials, and 
capacity to transport these materials. 
(5) As the second largest producer of electronic 
waste, the United States has a strong economic and 
national security incentive to enhance domestic e- 
waste recycling capacity rather than exporting to 
China and other countries. 
(6) Given China’s lack of regulations and worker 
protections, workers in the e-waste industry have been 
exposed to over 1,000 harmful substances, including 
lead and mercury, endangering the health and 
wellbeing of workers. 
(b) DEFINITIONS.—In this section: 
(1) ELECTRONIC WASTE.— 
(A) IN
GENERAL.—The term ‘‘electronic 
waste’’ means any of the following used items 
containing electronic components, or fragments 
thereof, including parts or subcomponents of such 
items: 
(i) Computers and related equipment. 
(ii) Data center equipment (including 
servers, network equipment, firewalls, bat-
tery backup systems, and power distribution 
units). 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00640
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
641 
(iii) Mobile computers (including note-
books, netbooks, tablets, and e-book readers). 
(iv) Televisions (including portable 
televisions and portable DVD players). 
(v) Video display devices (including 
monitors, digital picture frames, and port-
able video devices). 
(vi) Digital imaging devices (including 
printers, copiers, facsimile machines, image 
scanners, and multifunction machines). 
(vii) Consumer electronics— 
(I) including digital cameras, 
projectors, digital audio players, cel-
lular phones and wireless internet com-
munication devices, audio equipment, 
video cassette recorders, DVD players, 
video game systems (including portable 
systems), video game controllers, signal 
converter boxes, and cable and satellite 
receivers; and 
(II) not including appliances that 
have electronic features. 
(viii) Portable global positioning sys-
tem navigation devices. 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00641
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
642 
(ix) Other used electronic items that 
the Secretary determines to be necessary to 
carry out this section. 
(B) EXEMPT ITEMS.—The term ‘‘electronic 
waste’’ does not include— 
(i) exempted electronic waste items; 
(ii) electronic parts of a motor vehicle; 
or 
(iii) electronic components, or items 
containing electronic components, that are 
exported or reexported to an entity under 
the ownership or control of the person ex-
porting or reexporting the components or 
items, with the intent that the components 
or items be used for the purpose for which 
the components or items were used in the 
United States. 
(2) EXEMPTED ELECTRONIC WASTE ITEMS.— 
(A) IN
GENERAL.—The term ‘‘exempted 
electronic waste items’’ means the following: 
(i) Tested, working used electronics. 
(ii) Low-risk counterfeit electronics. 
(iii) Recalled electronics. 
(B) DEFINITIONS.—In this paragraph: 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00642
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
643 
(i) TESTED, WORKING
USED
ELEC-
TRONICS.—The term ‘‘tested, working used 
electronics’’ means any used electronic items 
that— 
(I) are determined, through test-
ing methodologies established by the 
Secretary, to be— 
(aa) fully functional for the 
purpose for which the items were 
designed; or 
(bb) in the case of multi-
function devices, fully functional 
for at least one of the primary 
purposes for which the items were 
designed; 
(II) are exported with the intent 
to reuse the products as functional 
products; and 
(III) are appropriately packaged 
for shipment to prevent the items from 
losing functionality as a result of dam-
age during shipment. 
(ii) LOW-RISK
COUNTERFEIT
ELEC-
TRONICS.—The term ‘‘low-risk counterfeit 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00643
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
644 
electronics’’ means any electronic compo-
nents or items that— 
(I) have been subjected to destruc-
tion processes that render the items un-
usable for their original purpose; and 
(II) are exported as a feedstock, 
with no additional mechanical or hand 
separation required, in a reclamation 
process to render the electronic compo-
nents or items recycled consistent with 
the laws of the foreign country per-
forming the reclamation process. 
(iii) RECALLED
ELECTRONICS.—The 
term ‘‘recalled electronics’’ means any elec-
tronic items that— 
(I) because of a defect in the de-
sign or manufacture of the items— 
(aa) are subject to a recall 
notice issued by the Consumer 
Product Safety Commission or 
other pertinent Federal authority 
and have been received by the 
manufacturer or its agent and re-
paired by the manufacturer or its 
agent to cure the defect; or 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00644
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
645 
(bb) have been recalled by the 
manufacturer as a condition of 
the validity of the warranty on 
the items and have been repaired 
by the manufacturer or its agent 
to cure the defect; and 
(II) are exported by the manufac-
turer of the items. 
(iv) FEEDSTOCK.—The term ‘‘feed-
stock’’ means any raw material constituting 
the principal input for an industrial proc-
ess. 
(3) COUNTERFEIT GOOD.—The term ‘‘counterfeit 
good’’ means any good on which, or in connection 
with which, a counterfeit mark is used. 
(4) COUNTERFEIT
MILITARY
GOOD.—The term 
‘‘counterfeit military good’’ means a counterfeit good 
that— 
(A) is falsely identified or labeled as meet-
ing military specifications; or 
(B) is intended for use in a military or na-
tional security application. 
(5) COUNTERFEIT MARK.—The term ‘‘counterfeit 
mark’’ has the meaning given that term in section 
2320 of title 18, United States Code. 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00645
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
646 
(6) EXPORT
ADMINISTRATION
REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means the regulations set forth in subchapter C of 
chapter VII of title 15, Code of Federal Regulations, 
or successor regulations. 
(7) EXPORT; REEXPORT.—The terms ‘‘export’’ 
and ‘‘reexport’’ have the meanings given such terms 
in section 1742 of the Export Control Reform Act of 
2018 (50 U.S.C. 4801). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(9) USED.—The term ‘‘used’’, with respect to an 
item, means the item has been operated or employed. 
(c) PROHIBITION.—Except as provided in subsections 
(c) and (d), no person or entity may export or reexport 
electronic waste or exempted electronic waste items. 
(d) EXPORT PROHIBITION EXEMPTIONS.—A person or 
entity may export or reexport exempted electronic waste 
items, but only if the following requirements are met: 
(1) REGISTRATION.—The person or entity is list-
ed on a publicly available registry maintained by the 
Secretary. 
(2) FILING OF EXPORT INFORMATION.—For each 
export transaction, the person or entity files in the 
Automated Export System, in accordance with part 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00646
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
647 
758 of the Export Administration Regulations (or 
any corresponding similar regulation or ruling), elec-
tronic export information that contains at least the 
following information: 
(A) A description of the type and total 
quantity of exempted electronic waste items ex-
ported. 
(B) The name of each country that received 
the exempted electronic waste items for reuse or 
recycling. 
(C)(i) The name of the ultimate consignee to 
which the exempted electronic waste items were 
received for reclamation, recall, or reuse; and 
(ii) documentation and a declaration that 
such consignee has the necessary permits, re-
sources, and competence to manage the exempted 
electronic waste items as reusable products or re-
cyclable feedstock and prevent its release as a 
counterfeit good or counterfeit military good. 
(3) COMPLIANCE WITH EXISTING LAWS.—The ex-
port or reexport of exempted electronic waste items 
otherwise comply with applicable international agree-
ments to which the United States is a party and with 
other trade and export control laws of the United 
States. 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00647
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
648 
(4) EXPORT
DECLARATIONS
AND
REQUIRE-
MENTS.—The exempted electronic waste items are ac-
companied by— 
(A) documentation of the registration of the 
exporter required under paragraph (1); 
(B) a declaration signed by an officer or 
designated representative of the exporter assert-
ing that the exempted electronic waste items meet 
the applicable requirements for exempted elec-
tronic waste items under this section; 
(C) a description of the contents and condi-
tion of the exempted electronic waste items in the 
shipment; 
(D) for tested, working electronics, a de-
scription of the testing methodologies and test re-
sults for each item; 
(E) the name of the ultimate consignee and 
declaration of the consignee’s applicable permits, 
resources, and competence to process or use the 
items as intended; and 
(F) with respect to low-risk counterfeit elec-
tronics only and when required by the importing 
country, the written consent of the competent au-
thority of the receiving country to allow the 
products in such country. 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00648
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
649 
(e) EXCEPTION FOR PERSONAL USE.—The Secretary 
may provide for an exception to the requirements of this 
section, subject to such recordkeeping requirements as the 
Secretary may impose, for the export or reexport of 5 or 
fewer items that are or contain electronic components in-
tended for personal use. 
(f) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), this 
section shall take effect upon the expiration of the 1- 
year period beginning on the date of the enactment of 
this Act. 
(2) MODIFICATION OF EAR.—The Secretary shall, 
not later than the effective date under paragraph (1), 
ensure that the Export Administration Regulations 
are modified to carry out this section. 
(g) PENALTIES FOR VIOLATIONS.—Any person who 
violates this section or the regulations issued under sub-
section (e)(2) shall be subject to the same penalties as those 
that apply to any person violating any other provision of 
the Export Administration Regulations. 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00649
Fmt 6652
Sfmt 6203
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 486 
117TH CONGRESS 
2D SESSION 
H. R. 3524 
[Report No. 117–667, Part I] 
A BILL 
To revitalize and reassert United States leadership, 
investment, and engagement in the Indo-Pacific 
region and globally. 
DECEMBER 30, 2022 
Reported from the Committee on Foreign Affairs with an 
amendment 
DECEMBER 30, 2022 
Committees on Financial Services, Ways and Means, the 
Judiciary, and Intelligence (Permanent Select) dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
VerDate Sep 11 2014 
21:34 Dec 30, 2022
Jkt 039200
PO 00000
Frm 00650
Fmt 6651
Sfmt 6651
E:\BILLS\H3524.RH
H3524
kjohnson on DSK79L0C42PROD with BILLS