Secure E-Waste Export and Recycling Act
Bill: H.R.3036 | Sponsor: Rep. Espaillat, Adriano (D-NY)
Policy area: Foreign Trade and International Finance

Summary:
Secure E-Waste Export and Recycling Act
This bill prohibits the export or reexport of electronic waste, such as computers, televisions, and consumer electronics, subject to certain exemptions (e.g., items that meet specific criteria designed to ensure they do not become the source of counterfeit products).

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure E-Waste Export and Recycling 
Act''.

SEC. 2. EXPORT CONTROLS ON ELECTRONIC WASTE.

    (a) 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, battery 
                        backup systems, and power distribution units).
                            (iii) Mobile computers (including 
                        notebooks, 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 portable 
                        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, 
                                cellular phones and wireless internet 
                                communication 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 system 
                        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 exporting 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:
                            (i) Tested, working used electronics.--The 
                        term ``tested, working used electronics'' means 
                        any used electronic items that--
                                    (I) are determined, through testing 
                                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 
                                        multifunction 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 
                                damage during shipment.
                            (ii) Low-risk counterfeit electronics.--The 
                        term ``low-risk counterfeit electronics'' means 
                        any electronic components or items that--
                                    (I) have been subjected to 
                                destruction processes that render the 
                                items unusable 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 
                                components or items recycled consistent 
                                with the laws of the foreign country 
                                performing the reclamation process.
                            (iii) Recalled electronics.--The term 
                        ``recalled electronics'' means any electronic 
                        items that--
                                    (I) because of a defect in the 
                                design 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 repaired 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 
                                manufacturer of the items.
                            (iv) Feedstock.--The term ``feedstock'' 
                        means any raw material constituting the 
                        principal input for an industrial process.
            (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 meeting 
                military specifications; or
                    (B) is intended for use in a military or national 
                security application.
            (5) Counterfeit mark.--The term ``counterfeit mark'' has 
        the meaning given that term in section 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 employed.
    (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 exported.
                    (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, resources, and 
                competence to manage the exempted electronic waste 
                items as reusable products or recyclable feedstock and 
                prevent its release as a counterfeit good or 
                counterfeit military good.
            (3) Compliance with existing laws.--The export or reexport 
        of exempted electronic waste items otherwise comply with 
        applicable international agreements to which the United States 
        is a party and with other trade and export control laws of the 
        United States.
            (4) Export declarations and requirements.--The exempted 
        electronic waste items are accompanied 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 asserting 
                that the exempted electronic waste items meet the 
                applicable requirements for exempted electronic waste 
                items under this section;
                    (C) a description of the contents and condition of 
                the exempted electronic waste items in the shipment;
                    (D) for tested, working electronics, a description 
                of the testing methodologies and test results 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 
                electronics only and when required by the importing 
                country, the written consent of the competent authority 
                of the receiving country to allow the products in such 
                country.
    (d) 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 intended for personal use.
    (e) 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.
    (f) Penalties for Violations.--Any person who violates this section 
or the regulations issued under subsection (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.
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