40 USC 549a – Donation of personal property through nonprofit refurbishers
(a)
Terms Used In 40 USC 549a
- county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 1 USC 2
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: All property that is not real property.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
(b)
(1)
(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)
(3)
(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)
(1)
(A) including information about the distribution of such equipment; and
(B) which shall not include any personal identifying information about the recipient of such equipment apart from whether a recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran for the purposes of eligibility under this section.
(2)
(A) a description of the efforts of the Administrator under this section;
(B) a list of nongovernmental entities with which the Administrator had a partnership described in subsection (b)(2);
(C) a list of nonprofit computer refurbishers that received, made repairs to, and distributed surplus computer and technology equipment, including disclosure of any foreign ownership interest in a nonprofit computer refurbisher; and
(D) a list of donated and subsequently repaired surplus computer or technology equipment identifying—
(i) the Federal agency that donated the surplus computer or technology equipment;
(ii) the State and county (or similar unit of local government) where the recipient is located; and
(iii) whether the recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran.
(3)
(d)
(1) allowing nonprofit computer refurbishers to assess nominal fees (which shall not exceed fair market value) on recipients of refurbished surplus computer or technology equipment to facilitate shipping and handling of the surplus computer or technology equipment;
(2) determining, in coordination with other relevant Federal agencies, eligibility and certification requirements for nongovernmental entities and nonprofit computer refurbishers to participate in the program established under this section, including whether the participation of a nongovernmental entity or nonprofit computer refurbisher poses any actual or potential harm to the national security interests of the United States;
(3) establishing an efficient process for identifying eligible recipients; and
(4) determining appropriate recyclers to dispose of surplus computer or technology equipment if it cannot be repaired or refurbished under this section.
(e)
(f)
(g)
(1)
(2)
(3)
(4)
(A) any public or private child care center, preschool, elementary school, secondary school, accredited institution of vocational or professional education, or institution of higher education;
(B) in the case of an accredited institution of vocational or professional education or an institution of higher education composed of more than 1 school, college, or department that is administratively a separate unit, each such school, college, or department; and
(C) a home school (whether treated as a home school or private school for the purposes of applicable State law).
(5)
(6)
(7)
(8)
(A) are not part of a Federal, State, local, Tribal, or territorial government; and
(B) are nonprofit computer refurbishers or other industry participants that—
(i) primarily work to improve access to information and communication technology in their mission to bridge the digital divide through coordination and oversight of computer refurbishment and repair; and
(ii) operate in the United States.
(9)
(A) primarily works to improve access to information and communication technology in their mission to bridge the digital divide; and
(B) operates in the United States.
(10)
(11)
(12)
(13)
(14)
(A) restricts the ability of the senior to perform normal daily tasks; or
(B) threatens the capacity of the senior to live independently.
(15)
(16)
(17)
(18)
(19)