40 U.S.C. § 549a Donation of Personal Property Through Nonprofit Refurbishers

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(a) AUTHORIZATION.-Not later than 30 days after the date on which the Administrator provides State agencies for surplus property an opportunity to review surplus computer or technology equipment under section 549, the Administrator shall, as appropriate, transfer full title to such surplus computer or technology equipment that is determined to be eligible under subsection (b)(1) to nonprofit computer refurbishers for repair, distribution, and subsequent transfer of full title of the equipment to eligible recipients under this section.

(b) ELIGIBILITY, PARTICIPATION, AND DUTIES.-

(1) ELIGIBILITY.-Surplus computer or technology equipment is eligible for transfer under this section if a Federal agency determines that-

(A) the surplus computer or technology equipment is repairable; and

(B) the surplus computer or technology equipment meets the Guidelines for Media Sanitization issued by the National Institute of Standards and Technology (NIST Special Publication 800-88), or any successor thereto.

(2) PARTICIPATION.-The Administrator may establish partnerships with nongovernmental entities, at no cost and through cooperative agreements, to facilitate the identification and participation of nonprofit computer refurbishers under this section.

(3) DUTIES OF REFURBISHERS.-A nonprofit computer refurbisher that receives surplus computer or technology equipment under this section shall-

(A) make necessary repairs to restore the surplus computer or technology equipment to working order;

(B) distribute the repaired surplus computer or technology equipment to eligible recipients at no cost, except to the extent-

(i) necessary to facilitate shipping and handling of such equipment; and

(ii) that such cost is consistent with any regulations promulgated by the Administrator under subsection (d);

(C) offer training programs on the use of the repaired computers and technology equipment for the recipients of the equipment; and

(D) use recyclers to the maximum extent practicable in the event that surplus computer or technology equipment transferred under this section cannot be repaired or reused.

(c) REPORTING REQUIREMENTS.-

(1) REFURBISHER REPORTS.-A nonprofit computer refurbisher that receives surplus computer or technology equipment under this section shall provide the Administrator with any information the Administrator determines to be necessary for required reporting-

(A) including information about the distribution of such equipment; and