[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Pages S1304-S1305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1348. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill S. 2657, to support innovation in advanced
geothermal research and development, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. 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.--
[[Page S1305]]
(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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