[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5579 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5579

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 24, 2016

   Mr. Cook (for himself and Mr. Gene Green of Texas) 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 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.
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