Secure E-Waste Export and Recycling Act

Bill Number

H.R. 2998

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Foreign Trade and International Finance

Status

Introduced

Latest Action

2025-04-24: Referred to the House Committee on Foreign Affairs.

Last Updated

2026-04-14T10:27:35Z

AI-Generated Summary

Purpose

The Secure E-Waste Export and Recycling Act aims to regulate the export of electronic waste (e-waste) from the United States. Its primary goal is to prevent e-waste from being repurposed abroad into counterfeit goods—fake or misrepresented products—that could reenter U.S. military and civilian electronics supply chains, potentially compromising safety and security.

Key Provisions

• Definitions:
• Electronic waste includes used items or fragments containing electronic components, such as computers, servers, mobile devices, televisions, printers, consumer electronics (e.g., phones, cameras), and GPS devices. It excludes motor vehicle parts, certain intra-company transfers, and "exempted" items.
• Exempted electronic waste items are limited to:
• Tested, working used electronics: Fully functional items verified through Secretary-approved testing, intended for reuse and properly packaged.
• Low-risk counterfeit electronics: Items destroyed to prevent original use, exported only as raw material (feedstock) for recycling in compliant foreign facilities.
• Recalled electronics: Defective items repaired by manufacturers and exported by them.
• Other terms include counterfeit good (item with a fake mark), counterfeit military good (fake item for military use), and references to existing export laws.

• Export Prohibition: No person or entity may export or reexport e-waste or exempted items, except under specific exemptions.

• Exemptions for Exempted Items:
• Exporters must register on a public registry maintained by the Secretary of Commerce.
• For each shipment, file detailed electronic export information via the Automated Export System (AES), including item descriptions, quantities, destination countries, and consignee details (with proof of their ability to handle items safely without creating counterfeits).
• Shipments must comply with U.S. trade/export laws and international agreements.
• Accompanying documents include exporter registration, declarations of compliance, item conditions, testing results (for working items), and consignee capabilities. For low-risk counterfeits, importing country consent may be required.

• Personal Use Exception: Allows export of up to 20 items (or those containing electronic components) for personal use, with recordkeeping as required by the Secretary.

• Implementation:
• Takes effect one year after enactment.
• The Secretary of Commerce must update the Export Administration Regulations (EAR)—rules governing most U.S. exports—to enforce these controls.

• Penalties: Violations are punishable under the same rules as other EAR breaches, which can include fines, imprisonment, or export privileges revocation.

Significant Changes to Existing Law

This bill introduces new, specific export controls on e-waste within the EAR framework, which previously did not have dedicated prohibitions or exemptions for these items. It expands definitions and requirements for exports, mandating registration, detailed filings, and documentation to track and verify shipments—changes not previously required for most e-waste. It also creates exemptions tailored to safe reuse or recycling, promoting responsible practices while closing loopholes for unregulated exports.

Potential Impacts

• Government Agencies: The Department of Commerce gains responsibilities for maintaining a public registry, approving testing methods, updating regulations, and enforcing compliance, potentially increasing administrative workload and costs.
• Citizens and Businesses: U.S. exporters (e.g., recyclers, manufacturers) face stricter barriers to exporting e-waste, requiring compliance investments, but exemptions allow continued legitimate trade. Individuals benefit from a personal use carve-out but may encounter hurdles for larger shipments. Overall, it could reduce illegal e-waste dumping abroad while encouraging domestic recycling.
• International Relations: Strengthens U.S. commitments to global environmental and trade agreements (e.g., Basel Convention on hazardous waste). It may strain relations with countries receiving U.S. e-waste if they lack required permits, but promotes safer international recycling by ensuring only verified shipments proceed, potentially improving bilateral cooperation on counterfeits and supply chain security.

Main Stakeholders Affected

• Exporters and Recyclers: Companies handling e-waste must register, document shipments, and ensure consignee compliance, affecting operations in the electronics recycling industry.
• Electronics Manufacturers: Impacted by rules on recalled items and working used products; they can export repaired goods but must meet documentation standards.
• Military and Defense Sector: Protected from counterfeit parts entering supply chains, reducing risks to national security.
• Consumers and Importers Abroad: U.S. citizens gain safer supply chains; foreign recyclers/reusers must demonstrate capabilities to receive exempted items, potentially limiting access to unverified U.S. e-waste.
• Environmental Groups: Benefit from controls that curb unregulated e-waste exports, which often lead to pollution in developing countries.

Notable Legal, Constitutional, or Political Implications

• Legal: Builds on existing export control laws (e.g., Export Control Reform Act) without altering core penalties, ensuring enforceability through familiar mechanisms. It emphasizes prevention of counterfeits, aligning with intellectual property protections under 18 U.S.C. § 2320 (defining counterfeit marks).
• Constitutional: Supports Congress's authority over foreign commerce (Article I, Section 8) and national security, with no apparent conflicts to due process or free trade rights, as exemptions preserve legitimate commerce.
• Political: Bipartisan introduction (by Reps. Espaillat and Diaz-Balart) signals broad support for supply chain integrity and environmental protection. It addresses growing concerns over counterfeit risks in critical sectors like defense, potentially influencing future trade policies amid global e-waste challenges (e.g., 50 million tons generated annually worldwide). Referred to the House Committee on Foreign Affairs, it may spark debates on balancing export restrictions with international recycling needs.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Espaillat, Adriano [D-NY-13]

Cosponsors (7)

Rep. Diaz-Balart, Mario [R-FL-26], Rep. Tonko, Paul [D-NY-20], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Houlahan, Chrissy [D-PA-6], Rep. Salazar, Maria Elvira [R-FL-27], Rep. Lawler, Michael [R-NY-17], Rep. Garbarino, Andrew R. [R-NY-2]

Recent Actions

• 2025-04-24: Referred to the House Committee on Foreign Affairs.
• 2025-04-24: Introduced in House
• 2025-04-24: Introduced in House

Bill Versions

• Secure E-Waste Export and Recycling Act — issued 2025-04-24 — PDF (11 pages)