[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4217 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4217
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
June 20, 2023
Mr. Espaillat (for himself, Mr. Diaz-Balart, Ms. Salazar, Mr. Grijalva,
and Mr. Reschenthaler) 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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