H.R. 2998

119th CONGRESS 1st Session

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 · April 24, 2025 · Sponsor: Mr. Espaillat · Committee: Committee on Foreign Affairs

Table of contents

• H.R. 2998
  • SEC. 1. Short title
  • SEC. 2. Export controls on electronic waste

SEC. 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:
    • The term counterfeit good means any good on which, or in connection with which, a counterfeit mark is used.
    • The term counterfeit military good means a counterfeit good that—
    • The term counterfeit mark has the meaning given that term in section 2320 of title 18, United States Code.
    • 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.
    • The terms and have the meanings given such terms in section 1742 of the Export Control Reform Act of 2018 (). export,reexport 50 U.S.C. 4801
    • The term Secretary means the Secretary of Commerce.
    • The term , with respect to an item, means the item has been operated or employed. used
• (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 description of the type and total quantity of exempted electronic waste items exported.
      • 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—
      • documentation of the registration of the exporter required under paragraph (1);
      • 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;
      • a description of the contents and condition of the exempted electronic waste items in the shipment;
      • for tested, working electronics, a description of the testing methodologies and test results for each item;
      • 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
      • 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.