119-hr2998

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2998 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2998

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

 April 24, 2025

 Mr. Espaillat (for himself and Mr. Diaz-Balart) 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.

 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 ebook 
 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 20 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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