,,ii #aafth ,,congress #ast ,session ,s4 #bddh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #i1 #bjai,mr4 ,whitehouse 7for himself and ,mr4 ,alexander7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,secure ,e-,waste ,export and ,recycling ,act4 #b4 ,export controls on electronic waste 7a7 ,definitions ,in this section3 7#a7 ,counterfeit military good ,the term counterfeit military good means a counterfeit good that-- 7,a7 is falsely identified or labeled as meeting military specifications2 or 7,b7 is intended for use in a military1 intelligence1 or national security application4 7#b7 ,counterfeit good ,the term counterfeit good means any good on which1 or in connection with which1 a counterfeit mark is used4 7#c7 ,counterfeit mark ,the term counterfeit mark has the meaning given that term in section #bcbj of title #ah1 ,united ,states ,code4 7#d7 ,electronic waste 7,a7 ,in general ,the term electronic waste means any of the following used items containing electronic components1 or fragments thereof1 including parts or subcomponents of such items3 7i7 ,computers and related equipment4 7ii7 ,data center equipment 7including servers1 network equipment1 firewalls1 battery backup systems1 and power distribution units74 7iii7 ,mobile computers 7including notebooks1 netbooks1 tablets1 and e-book readers74 7iv7 ,televisions 7including portable televisions and portable ,,dvd players74 7v7 ,video display devices 7including monitors1 digital picture frames1 and portable video devices74 7vi7 ,digital imaging devices 7including printers1 copiers1 facsimile machines1 image scanners1 and multifunction machines74 7vii7 ,consumer electronics-- 7,i7 including digital cameras1 projectors1 digital audio players1 cellular phones and wireless internet communication devices1 audio equipment1 video cassette recorders1 ,,dvd players1 video game systems 7including portable systems71 video game controllers1 signal converter boxes1 and cable and satellite receivers2 and 7,,ii7 not including appliances that have electronic features4 7viii7 ,portable global positioning system navigation devices4 7ix7 ,other used electronic items that the ,secretary determines to be necessary to carry out this section4 7,b7 ,exempt items ,the term electronic waste does not include-- 7i7 exempted electronic waste items2 7ii7 electronic parts of a motor vehicle2 or 7iii7 electronic components1 or items containing electronic components1 that are exported or reexported to an entity under the owernship or control of the person exporting or reexporting the components or items1 with the intent that the components or items be used for the purpose for which the components or items were used in the ,united ,states4 7#e7 ,exempted electronic waste items ,the term exempted electronic waste items means the following3 7,a7 ,tested1 working used electronics4 7,b7 ,low-risk counterfeit electronics4 7,c7 ,recalled electronics4 7#f7 ,export administration regulations ,the term ,export ,administration ,regulations means the regulations set forth in subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations1 or successor regulations4 7#g7 ,export2 reexport ,the terms export and reexport have the meanings given those terms in section #agdb of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja74 7#h7 ,feedstock ,the term feedstock means any raw material constituting the principal input for an industrial process4 7#i7 ,low-risk counterfeit electronics ,the term low-risk counterfeit electronics means any electronic components or items that-- 7,a7 have been subjected to destruction processes that render the items unusable for their original purpose2 and 7,b7 are exported as a feedstock1 with no additional mechanical or hand separation required1 in a reclamation process to render the electronic components or items recycled consistent with the laws of the foreign country performing the reclamation process4 7#aj7 ,person ,the term person means an individual or entity4 7#aa7 ,recalled electronics ,the term recalled electronics means any electronic items that-- 7,a7 because of a defect in the design or manufacture of the items-- 7i7 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 defect2 or 7ii7 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 defect2 and 7,b7 are exported by the manufacturer of the items4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#ac7 ,tested1 working used electronics ,the term tested1 working used electronics means any used electronic items that-- 7,a7 are determined1 through testing methodologies established by the ,secretary1 to be-- 7i7 fully functional for the purpose for which the items were designed2 or 7ii7 in the case of multifunction devices1 fully functional for at least one of the primary purposes for which the items were designed2 7,b7 are exported with the intent to reuse the products as functional products2 and 7,c7 are appropriately packaged for shipment to prevent the items from losing functionality as a result of damage during shipment4 7#ad7 ,used ,the term used1 with respect to an item1 means the item has been operated or employed4 7b7 ,prohibition ,except as provided in subsections 7c7 and 7d71 no person may export or reexport electronic waste or exempted electronic waste items4 7c7 ,export prohibition exemptions ,a person may export or reexport exempted electronic waste items if the following requirements are met3 7#a7 ,registration ,the person is listed on a publicly available registry maintained by the ,secretary of persons authorized to export or reexport exempted electronic waste4 7#b7 ,purpose ,the exempted electronic waste items are being exported or reexported for reclamation1 recall1 or reuse4 7#c7 ,filing of export information ,for each export transaction1 the person files in the ,automated ,export ,system1 in accordance with part #geh of the ,export ,administration ,regulations 7or any corresponding similar regulation or ruling71 electronic export information that contains1 at a minimum1 the following information3 7,a7 ,a description of the type and total quantity of exempted electronic waste items exported4 7,b7 ,the name of each country that will receive the exempted electronic waste items for reuse1 recall1 or recycling4 7,c7 7i7 ,the name of the ultimate consignee that will receive the exempted electronic waste items for reclamation1 recall1 or reuse2 and 7ii7 documentation and a declaration that such consignee has the necessary permits1 resources1 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 goods4 7#d7 ,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 ,states4 7#e7 ,export declarations and requirements ,the exempted electronic waste items are accompanied by-- 7,a7 documentation of the registration of the exporter required under paragraph 7#a72 7,b7 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 section2 7,c7 a description of the contents and condition of the exempted electronic waste items in the shipment2 7,d7 for tested1 working used electronics1 a description of the testing methodologies and test results for each item2 7,e7 the name of the ultimate consignee and declaration of the consignee's applicable permits1 resources1 and competence to process or use the items as intended2 and 7,f7 with respect to low-risk counterfeit electronics only and when required by the country to which the electronics are being exported or reexported1 the written consent of the competent authority of the country to allow the entry of the electronics into the country4 7d7 ,exception for personal use ,the ,secretary may provide for an exception to the requirements of this section1 subject to such recordkeeping requirements as the ,secretary may impose1 for the export or reexport of #e or fewer items that are or contain electronic components intended for personal use4 7e7 ,penalties for violations ,any person who violates this section or the regulations issued under subsection 7f77#b7 shall be subject to the same penalties as those that apply to any person violating any other provision of the ,export ,administration ,regulations4 7f7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 this section shall take effect upon the expiration of the #a-year period beginning on the date of the enactment of this ,act4 7#b7 ,modification of ,,ear ,the ,secretary shall1 not later than the effective date under paragraph 7#a71 ensure that the ,export ,administration ,regulations are modified to carry out this section4