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 counter-
feit goods that may reenter military and civilian elec-
tronics supply chains in the United States, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure E-Waste Ex-
port and Recycling Act’’. 
SEC. 2. EXPORT CONTROLS ON ELECTRONIC WASTE. 
(a) DEFINITIONS.—In this section: 
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(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 distribu-
tion units). 
(iii) Mobile computers (including note-
books, netbooks, tablets, and e-book read-
ers). 
(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-
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lular phones and wireless internet 
communication devices, audio equip-
ment, video cassette recorders, DVD 
players, video game systems (includ-
ing 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. 
(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 
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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: 
(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; 
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(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 
damage during shipment. 
(ii) LOW-RISK
COUNTERFEIT
ELEC-
TRONICS.—The term ‘‘low-risk counterfeit 
electronics’’ means any electronic compo-
nents or items that— 
(I) have been subjected to de-
struction processes that render the 
items unusable for their original pur-
pose; and 
(II) are exported as a feedstock, 
with no additional mechanical or hand 
separation required, in a reclamation 
process to render the electronic com-
ponents or items recycled consistent 
with the laws of the foreign country 
performing the reclamation process. 
(iii) RECALLED
ELECTRONICS.—The 
term ‘‘recalled electronics’’ means any elec-
tronic items that— 
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(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 
(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 consti-
tuting the principal input for an industrial 
process. 
(3) COUNTERFEIT GOOD.—The term ‘‘counter-
feit good’’ means any good on which, or in connec-
tion with which, a counterfeit mark is used. 
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(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 ‘‘counter-
feit mark’’ has the meaning given that term in sec-
tion 2320 of title 18, United States Code. 
(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 em-
ployed. 
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(b) PROHIBITION.—Except as provided in subsections 
(c) and (d), no person or entity may export or reexport 
electronic waste or exempted electronic waste items. 
(c) 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 
listed 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 758 of the Export Administration Regulations 
(or any corresponding similar regulation or ruling), 
electronic 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 re-
ceived the exempted electronic waste items for 
reuse or recycling. 
(C)(i) The name of the ultimate consignee 
to which the exempted electronic waste items 
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