H.R. 3036House117th Congress (2021-2023)In Committee

Secure E-Waste Export and Recycling Act

Introduced May 7, 2021

AI-Generated Summary

Updated February 8, 2026 at 2:38 AM UTC

The Secure E‑Waste Export and Recycling Act creates rules for sending used electronic equipment abroad. It aims to stop e‑waste from becoming a source of counterfeit components that could enter U.S. military or civilian electronics. The law applies to anyone who exports or re‑exports electronic waste and sets reporting, registration, and penalty requirements.

Key Provisions

  • Defines “electronic waste” as used computers, servers, mobile devices, TVs, printers, consumer electronics, GPS units, etc., but excludes certain exempt items.
  • Allows export of only three exempt categories: tested, working used electronics; low‑risk counterfeit electronics destined for recycling feedstock; and recalled electronics that have been repaired.
  • Requires exporters of exempted items to register on a public list, file detailed information in the Automated Export System, and provide documentation proving the consignee can safely handle the material.
  • Provides a limited personal‑use exception for up to five items, subject to record‑keeping.
  • Sets the rule to take effect one year after enactment and mandates updates to the Export Administration Regulations.
  • Violations are punished under the same penalties as other Export Administration Regulation breaches.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Foreign Affairs.

May 7, 2021

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HouseIntro Referral

Introduced in House

May 7, 2021

HouseIntro Referral

Referred to the House Committee on Foreign Affairs.

May 7, 2021

Floor Debate

24 members

What members said about H.R. 3036 on the floor

10 Republicans14 Democrats
Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-12 · Feb 8, 2022

Madam Speaker, pursuant to House Resolution 912, I call up the bill (H.R. 3076) to provide stability to and enhance the services of the United States Postal Service, and for other purposes, and ask…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 8, 2022

Mr. Speaker, I thank the chair and the ranking member for this amazing legislation. To my good friend from Oregon, Mr. DeFazio, I remember that bill year after year after year because the post office…

James Comer
Rep. James ComerR-KY-1 · Feb 8, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, Americans hold the United States Postal Service in extremely high regard, and that is for good reason. All rely on it for our…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Feb 8, 2022

Madam Speaker, I thank the gentlewoman for yielding, and I salute the leadership of Chairwoman Carolyn Maloney and Ranking Member James Comer. I thank them both for bringing this important…

Gwen Moore
Rep. Gwen MooreD-WI-4 · Feb 8, 2022

Madam Speaker, I rise in strong support of H.R. 3076, the Postal Reform Act. It is my hope that the changes in this legislation will help the United States Postal Service and its hardworking…

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Adriano Espaillat
Rep. Adriano EspaillatD-NY-13 · Feb 4, 2022

Madam Speaker, I rise in support of H.R. 4521, The America Competes Act of 2022. This legislation is the largest investment in our nation's manufacturing industries and reaffirms our reputation as a…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Feb 8, 2022

Madam Speaker, let me thank Chairwoman Maloney. She has worked hard on this and has constantly been telling us for months and years how important this was and we had to get it done. So…

Stephen F. Lynch
Rep. Stephen F. LynchD-MA-8 · Feb 8, 2022

Madam Speaker, I thank Chair Maloney and Ranking Member Comer for the great work they have done on this bill. As the son of a postal worker, my mom; as the brother of two postal workers, my sisters…

Kelly Armstrong
Rep. Kelly ArmstrongR-ND · Feb 8, 2022

Madam Speaker, we all know the importance of the U.S. Postal Service and its core mission of prompt, reliable, and efficient mail service to all Americans, regardless of where they live. This is…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Feb 8, 2022

Madam Speaker, I thank my colleague from Kentucky who has done a masterful job, along with Chairwoman Maloney, on this bill. Madam Speaker, I rise today in support of H.R. 3076, the Postal Service…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Feb 8, 2022

Madam Speaker, I thank Mrs. Maloney for getting us to this point today, and I thank the ranking member also. Postal reform has been languishing around here for more than a decade, and we are finally…

Rodney Davis
Rep. Rodney DavisR-IL-13 · Feb 8, 2022

Madam Speaker, I do want to reiterate congratulations and thanks to Chairwoman Maloney and Ranking Member Comer. I am a little disappointed, though, because our colleague, Mr. Young, the dean of the…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Feb 8, 2022

Madam Speaker, I thank the chair for yielding, and I want to thank both Mrs. Maloney, Congresswoman Maloney from New York, the chair of the committee, and Mr. Comer from Kentucky. There is nobody…

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Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Feb 8, 2022

Madam Speaker, I thank Chairwoman Maloney for her leadership, as well as Ranking Member Comer. I am also proud as an original cosponsor of this bill and as the chairman of the subcommittee with…

Glenn Grothman
Rep. Glenn GrothmanR-WI-6 · Feb 8, 2022

Madam Speaker, I, as well, support this bill. This is a bipartisan bill, and people have to realize it has to be a bipartisan bill. I don't think either party could get 218 votes for this bill, and…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · Feb 8, 2022

Madam Speaker, I thank the distinguished chair and our ranking member for this bipartisan bill, and I am pleased to speak today in support of the Postal Service Reform Act. Amongst other good policy,…

Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-23 · Feb 8, 2022

Madam Speaker, I rise in strong support of this long-elusive, bipartisan legislation that has been years in the making. Congratulations to Chairwoman Maloney on her Herculean effort, along with Mr.…

Don Bacon
Rep. Don BaconR-NE-2 · Feb 8, 2022

Madam Speaker, I rise today in support of H.R. 3076, the Postal Service Reform Act. The United States Postal Service has been part of our society since Benjamin Franklin was appointed the first…

Brenda L. Lawrence
Rep. Brenda L. LawrenceD-MI-14 · Feb 8, 2022

Madam Speaker, I rise today in support of H.R. 3076, the Postal Service Reform Act. As the only Member of Congress who served an entire career of 30 years at the post office before coming to this…

Claudia Tenney
Rep. Claudia TenneyR-NY-22 · Feb 8, 2022

Madam Speaker, I rise today in support of H.R. 3076, the bipartisan Postal Service Reform Act. Article I, Section 8 of the Constitution gives Congress the power to establish post offices and to make…

Andrew R. Garbarino
Rep. Andrew R. GarbarinoR-NY-2 · Feb 8, 2022

Madam Speaker, I rise today in support of H.R. 3076, the Postal Service Reform Act of 2021. The United States Postal Service is in urgent need of reform. The U.S. Postal Service provides an essential…

Marcy Kaptur
Rep. Marcy KapturD-OH-9 · Feb 8, 2022

Madam Speaker, I rise today in strong support of this bipartisan United States Postal Service and Postal Service Reform bill. By eliminating the unnecessary and harmful mandate to prefund retiree…

Don Young
Rep. Don YoungR-AK · Feb 8, 2022

Mr. Speaker, I thank Mr. Comer and Mrs. Maloney. This is a good bill. I have been working on this program for, actually, 48 years. I was here when they stopped the post office, when we used to run…

Brian K. Fitzpatrick
Rep. Brian K. FitzpatrickR-PA-1 · Feb 8, 2022

Madam Speaker, I rise today in strong support of the Postal Service Reform Act. As my colleagues have pointed out here, this is a long-overdue reform measure that will ensure 6-day delivery,…

Bill Text

Latest available legislative text

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Introduced in HouseIssued May 7, 2021

I

117th CONGRESS

1st Session

H. R. 3036

IN THE HOUSE OF REPRESENTATIVES

May 7, 2021

Mr. Espaillat (for himself and Mr. Stivers) introduced the following bill; which was referred to the Committee on Foreign 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.

1.

Short title

This Act may be cited as the Secure E-Waste Export and Recycling Act.

2.

Export controls on electronic waste

(a)

Definitions

In this section:

(1)

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 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)

In general

The term exempted electronic waste items means the following:

(i)

Tested, working used electronics.

(ii)

Low-risk counterfeit electronics.

(iii)

Recalled electronics.

(B)

Definitions

In this paragraph:

(i)

Tested, working used electronics

The term tested, working used electronics means any used electronic items that—

(I)

are determined, through testing methodologies established by the Secretary, to be—

(aa)

fully functional for the purpose for which the items were designed; or

(bb)

in the case of multifunction devices, fully functional for at least one of the primary purposes for which the items were designed;

(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)

Low-risk counterfeit electronics

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)

Recalled electronics

The term recalled electronics means any electronic items that—

(I)

because of a defect in the design or manufacture of the items—

(aa)

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

(bb)

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

(II)

are exported by the manufacturer of the items.

(iv)

Feedstock

The term feedstock means any raw material constituting the principal input for an industrial process.

(3)

Counterfeit good

The term counterfeit good means any good on which, or in connection with which, a counterfeit mark is used.

(4)

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 or national security application.

(5)

Counterfeit mark

The term counterfeit mark has the meaning given that term in section 2320 of title 18, United States Code.

(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 such terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).

(8)

Secretary

The term Secretary means the Secretary of Commerce.

(9)

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 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)

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)

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—

(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 5 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.