[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3859 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3859

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 SENATE OF THE UNITED STATES

                             March 17, 2022

 Mr. Whitehouse (for himself and Mr. Tillis) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban 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) 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, 
                intelligence, or national security application.
            (2) Counterfeit good.--The term ``counterfeit good'' means 
        any good on which, or in connection with which, a counterfeit 
        mark is used.
            (3) Counterfeit mark.--The term ``counterfeit mark'' has 
        the meaning given that term in section 2320 of title 18, United 
        States Code.
            (4) 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 
                        owernship 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.
            (5) Exempted electronic waste items.--The term ``exempted 
        electronic waste items'' means the following:
                    (A) Tested, working used electronics.
                    (B) Low-risk counterfeit electronics.
                    (C) Recalled electronics.
            (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 those terms in section 
        1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
            (8) Feedstock.--The term ``feedstock'' means any raw 
        material constituting the principal input for an industrial 
        process.
            (9) Low-risk counterfeit electronics.--The term ``low-risk 
        counterfeit electronics'' means any electronic components or 
        items that--
                    (A) have been subjected to destruction processes 
                that render the items unusable for their original 
                purpose; and
                    (B) 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.
            (10) Person.--The term ``person'' means an individual or 
        entity.
            (11) Recalled electronics.--The term ``recalled 
        electronics'' means any electronic items that--
                    (A) because of a defect in the design or 
                manufacture of the items--
                            (i) 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
                            (ii) 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
                    (B) are exported by the manufacturer of the items.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (13) Tested, working used electronics.--The term ``tested, 
        working used electronics'' means any used electronic items 
        that--
                    (A) are determined, through testing methodologies 
                established by the Secretary, to be--
                            (i) fully functional for the purpose for 
                        which the items were designed; or
                            (ii) in the case of multifunction devices, 
                        fully functional for at least one of the 
                        primary purposes for which the items were 
                        designed;
                    (B) are exported with the intent to reuse the 
                products as functional products; and
                    (C) are appropriately packaged for shipment to 
                prevent the items from losing functionality as a result 
                of damage during shipment.
            (14) 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 may export or reexport electronic waste or exempted electronic 
waste items.
    (c) Export Prohibition Exemptions.--A person may export or reexport 
exempted electronic waste items if the following requirements are met:
            (1) Registration.--The person is listed on a publicly 
        available registry maintained by the Secretary of persons 
        authorized to export or reexport exempted electronic waste.
            (2) Purpose.--The exempted electronic waste items are being 
        exported or reexported for reclamation, recall, or reuse.
            (3) Filing of export information.--For each export 
        transaction, the person 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 a 
        minimum, 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 will receive the 
                exempted electronic waste items for reuse, recall, or 
                recycling.
                    (C)(i) The name of the ultimate consignee that will 
                receive the exempted electronic waste items 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 the release of such items as counterfeit goods 
                or counterfeit military goods.
            (4) Compliance with existing laws.--The export or reexport 
        of the exempted electronic waste items otherwise complies with 
        applicable international agreements to which the United States 
        is a party and with other trade and export control laws of the 
        United States.
            (5) 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 used 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 country to 
                which the electronics are being exported or reexported, 
                the written consent of the competent authority of the 
                country to allow the entry of the electronics into the 
                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) Penalties for Violations.--Any person who violates this section 
or the regulations issued under subsection (f)(2) shall be subject to 
the same penalties as those that apply to any person violating any 
other provision of the Export Administration Regulations.
    (f) 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.
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