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
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: (1) Electronic waste (A) 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 ebook 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) The term does not include— electronic waste (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 ownership 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.
(2) Exempted electronic waste items (A) The term exempted electronic waste items means the following: (i) Tested, working used electronics. (ii) Low-risk counterfeit electronics. (iii) Recalled electronics. (B) In this paragraph: (i) The term tested, working used electronics means any used electronic items that— (I) are determined, through testing methodologies established by the Secretary, to be— (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 as a result of damage during shipment. (ii) 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— (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) The term counterfeit good means any good on which, or in connection with which, a counterfeit mark is used.
(4) 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 or national security application.
(5) The term counterfeit mark has the meaning given that term in section 2320 of title 18, United States Code.
(6) 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) 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)
(8) The term Secretary means the Secretary of Commerce.
(9) 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) The person or entity is listed on a publicly available registry maintained by the Secretary.
(2) 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) 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) 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) 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 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 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) 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) 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.