[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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