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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; or
(ii) electronic parts of a motor vehicle.
(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 fully functional for
the purpose for which the items were
designed, or, 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 due to 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) 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) 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 good that uses a counterfeit mark on or
in connection with such good and 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'' mean ''export'' and ''reexport'' within the
meaning of the Export Administration Act of 1979 (50 U.S.C.
App. 2401 et seq.), as in effect pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(8) Secretary.--The term ''Secretary'' means the Secretary
of Commerce.
(9) Used.--A product is ''used'' if it 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, 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 export 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 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 electronic equipment, 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
equipment 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) Other Exceptions.--The Secretary may provide for such
exceptions to the requirements of this section for--
(1) exports or reexports of 5 items or fewer per
transaction of electronic components, or items containing
electronic components, that are intended for personal use, and
(2) exports or reexports of electronic components, or items
containing electronic components, that are made to a person or
entity under the ownership or control of the person or entity
exporting or reexporting the components or items,
subject to such recordkeeping requirements as the Secretary may impose,
but only if the components or items are exported or reexported (as the
case may be) with the intent that they be used for the purpose for
which the components or items (as the case may be) were used in the
United States.
(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.
Secure E-Waste Export and Recycling Act This bill prohibits any person from exporting or reexporting electronic waste (specified items containing electronic components or fragments, including computers, televisions, video display devices, and consumer electronics) or exempted electronic waste items (tested, working used electronics, low-risk counterfeit electronics, or recalled electronics), except as specified. "Low-risk counterfeit electronics" means electronic components or items that: (1) have been subjected to destruction processes that render the items unusable for their original purpose; and (2) are exported as a feedstock, with no additional mechanical or hand separation required, in a reclamation process to render the components or items recycled consistent with the laws of the foreign country performing such process. A person may export or reexport exempted electronic waste items only if: the person is listed on a publicly available registry maintained by the Department of Commerce; for each export transaction, the person files specified electronic export information in the Automated Export System; the export or reexport of exempted electronic waste items otherwise complies with applicable international agreements and other U.S. trade laws; and the exempted items are accompanied by certain required documentation. Commerce may provide exceptions to the requirements of this bill under specified circumstances for exports or reexports of five items or fewer per transaction of electronic components intended for personal use, and of electronic components to a person or entity under the ownership or control of the person exporting or reexporting the components, with the intent that they be used for the purpose for which they were used in the United States. Any violator of this bill or regulations issued under it shall be subject to the same penalties as those applicable to violators of any other provision of the Export Administration Regulations.