[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3544 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 582
117th CONGRESS
  2d Session
                                H. R. 3544

                          [Report No. 117-224]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2022

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                            December 5, 2022

Reported by Mr. Peters, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
 To require the Administrator of General Services to transfer certain 
   surplus computers and technology equipment to nonprofit computer 
   refurbishers for repair, distribution, and return, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Computers for Veterans and 
Students Act of 2022'' or the ``COVS Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Access to computers and computer technology is 
        indispensable for success in the 21st century. Millions of 
        Americans do not regularly use a computer and research shows 
        that substantial disparities remain in both internet use and 
        the quality of access with the digital divide concentrated 
        among older, less educated, less affluent populations, 
        especially veterans, low-income students, and senior 
        citizens.</DELETED>
        <DELETED>    (2) The COVID-19 pandemic has highlighted the gap 
        between those with computer access and those without. Millions 
        of students, their families, and workers from across the 
        economy were unable to do schoolwork, work remotely from home, 
        or connect to loved ones and their communities because of the 
        digital divide.</DELETED>
        <DELETED>    (3) Any Federal program that distributes surplus 
        Federal computers to a public school, an educational nonprofit, 
        or a nonprofit computer refurbisher for repair and distribution 
        would benefit from a partnership with a nonprofit organization, 
        whose mission is bridging the digital divide.</DELETED>

<DELETED>SEC. 3. REFURBISHMENT AND DISTRIBUTION OF SURPLUS COMPUTERS 
              AND TECHNOLOGY EQUIPMENT.</DELETED>

<DELETED>    (a) GSA Transfer.--</DELETED>
        <DELETED>    (1) In general.--Not later than 30 days after 
        State agencies for surplus property have been given an 
        opportunity to review surplus computer or technology equipment 
        that has been determined to be repairable, the Administrator 
        shall transfer to participating nonprofit computer refurbishers 
        such equipment with full title to such equipment, for repair 
        and distribution in accordance with subsection 
        (c)(1).</DELETED>
        <DELETED>    (2) Information on equipment refurbished.--A 
        nonprofit computer refurbisher that receives surplus computer 
        or technology equipment under this subsection shall provide the 
        Administrator with any information the Administrator determines 
        to be necessary for required reporting, including information 
        about the distribution of such equipment.</DELETED>
<DELETED>    (b) Partnership.--The Administrator may establish a 
partnership with non-governmental entities, at no cost, to--</DELETED>
        <DELETED>    (1) facilitate the identification of nonprofit 
        computer refurbishers and the distribution of surplus computer 
        or technology equipment under this section; and</DELETED>
        <DELETED>    (2) facilitate the participation of nonprofit 
        computer refurbishers under this section.</DELETED>
<DELETED>    (c) Repair and Distribution.--</DELETED>
        <DELETED>    (1) Distribution to bridge the digital divide.--A 
        nonprofit computer refurbisher that receives equipment under 
        subsection (a) shall repair and distribute such equipment to an 
        educational institution, a veteran, an individual with a 
        disability, a low-income individual, a student, or a senior in 
        need that is residing or based in the United States.</DELETED>
        <DELETED>    (2) Training programs.--Any nonprofit computer 
        refurbisher that receives any equipment under subsection (a) 
        shall offer training programs on the use of computers and 
        technology equipment for any of the following:</DELETED>
                <DELETED>    (A) Educational institutions.</DELETED>
                <DELETED>    (B) Veterans.</DELETED>
                <DELETED>    (C) Individuals with 
                disabilities.</DELETED>
                <DELETED>    (D) Low-income individuals.</DELETED>
                <DELETED>    (E) Students.</DELETED>
                <DELETED>    (F) Seniors.</DELETED>
<DELETED>    (d) Reports Required.--Not later than 1 year after the 
date of the enactment of this Act, and every 2 years thereafter for the 
next 4 years, the Administrator shall submit to Congress a report on 
the efforts of the Administrator under this Act.</DELETED>
<DELETED>    (e) Agency Reports.--Not later than 5 years after the date 
of the enactment of this Act, and annually thereafter, the head of each 
Federal agency shall make a report available to the public on the 
number of repairable computers that were sent to recycling, abandoned, 
or destroyed.</DELETED>
<DELETED>    (f) Rule of Construction.--Nothing in this section may be 
construed to supersede the requirements of the Stevenson-Wydler 
Technology Innovation Act of 1980 (Public Law 96-480; 15 U.S.C. 3701 et 
seq.).</DELETED>
<DELETED>    (g) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of General Services.</DELETED>
        <DELETED>    (2) Digital divide.--The term ``digital divide'' 
        means the gap between those who have an internet-connected 
        computer and the skills to use the computer and those who do 
        not.</DELETED>
        <DELETED>    (3) Educational institution.--The term 
        ``educational institution'' means--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) in the case of an accredited 
                institution of vocational or professional education or 
                an institution of higher education composed of more 
                than one school, college, or department that is 
                administratively a separate unit, each such school, 
                college, or department; and</DELETED>
                <DELETED>    (C) a home school (whether treated as a 
                home school or a private school for purposes of 
                applicable State law).</DELETED>
        <DELETED>    (4) Federal agency.--The term ``Federal agency'' 
        has the meaning given the term ``federal agency'' in section 
        102 of title 40, United States Code.</DELETED>
        <DELETED>    (5) Disability.--The term ``disability'' has the 
        meaning given that term in section 3 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102).</DELETED>
        <DELETED>    (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).</DELETED>
        <DELETED>    (7) Low-income individuals.--The term ``low income 
        individual'' has the meaning given such term in section 351 of 
        the Small Business Investment Act of 1958 (15 U.S.C. 
        689).</DELETED>
        <DELETED>    (8) Nonprofit computer refurbisher.--The term 
        ``nonprofit computer refurbisher'' means a nonprofit 
        organization that primarily works to improve access to 
        information and communication technology in their mission to 
        bridge the digital divide.</DELETED>
        <DELETED>    (9) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is described under 
        section 501(c)(3) of the Internal Revenue Code of 1986 and is 
        exempt from taxation under section 501(a) of such 
        Code.</DELETED>
        <DELETED>    (10) Repairable.--The term ``repairable'' means 
        property that is unusable in its current state but can be 
        economically repaired.</DELETED>
        <DELETED>    (11) Secondary school.--The term ``secondary 
        school'' has the meaning given such term in section 8101 of the 
        Elementary and Secondary Education Act of 1965.</DELETED>
        <DELETED>    (12) Senior.--The term ``senior'' means an 
        individual who is 65 years of age or older.</DELETED>
        <DELETED>    (13) Senior in need.--The term ``senior in need'' 
        means a senior who experiences cultural, social, or 
        geographical isolation that--</DELETED>
                <DELETED>    (A) restricts the ability of the senior to 
                perform normal daily tasks; or</DELETED>
                <DELETED>    (B) threatens the capacity of the senior 
                to live independently.</DELETED>
        <DELETED>    (14) State agency for surplus property.--The term 
        ``State agency for surplus property'' has the meaning given the 
        term ``state agency'' under section 549 of title 40, United 
        States Code.</DELETED>
        <DELETED>    (15) Student.--The term ``student'' means any 
        individual enrolled in an educational institution, but not a 
        public or private child care center.</DELETED>
        <DELETED>    (16) Surplus computer or technology equipment.--
        The term ``surplus computer or technology equipment'' means 
        computer or technology equipment that is property described 
        under section 549(b)(2) of title 40, United States 
        Code.</DELETED>
        <DELETED>    (17) Technology equipment.--The term ``technology 
        equipment'' means any physical asset related to a computer or 
        information technology, including any peripheral component, 
        tablet, communication device (such as a router, server, or cell 
        phone), printer, scanner, uninterruptible power source, cable, 
        or connection.</DELETED>
        <DELETED>    (18) Veteran.--The term ``veteran'' has the 
        meaning given that term in section 101 of title 38, United 
        States Code.</DELETED>
<DELETED>    (h) Regulations.--The Administrator may issue regulations 
that are necessary and appropriate to implement this section.</DELETED>

<DELETED>SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.</DELETED>

<DELETED>    The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, shall be 
determined by reference to the latest statement titled ``Budgetary 
Effects of PAYGO Legislation'' for this Act, submitted for printing in 
the Congressional Record by the Chairman of the House Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Computers for Veterans and Students 
Act of 2022'' or the ``COVS Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Access to computers and computer technology is 
        indispensable for success in the 21st century. Millions of 
        Americans do not regularly use a computer and research shows 
        that substantial disparities remain in both internet use and 
        the quality of access, with the digital divide concentrated 
        among older, less educated, less affluent populations, 
        especially veterans, low-income students, and senior citizens.
            (2) The COVID-19 pandemic has highlighted the gap between 
        those with computer access and those without. Millions of 
        students, their families, and workers from across the economy 
        were unable to do schoolwork, work remotely from home, or 
        connect to loved ones and their communities because of the 
        digital divide.
            (3) Any Federal program that distributes surplus, 
        repairable Federal computers or technology equipment would 
        benefit from a partnership with a nonprofit organization whose 
        mission is bridging the digital divide.

SEC. 3. REFURBISHMENT AND DISTRIBUTION OF SURPLUS COMPUTERS AND 
              TECHNOLOGY EQUIPMENT.

    (a) In General.--Subchapter III of chapter 5 of title 40, United 
States Code, is amended by inserting after section 549 the following:
``Sec. 549a. Donation of personal property through nonprofit 
              refurbishers
    ``(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
                    ``(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) Administrator reports.--Annually and consistent with 
        reporting requirements for transfers of Federal personal 
        property to non-Federal entities, the Administrator shall 
        submit to Congress and make publicly available a report that 
        includes, for the period covered by the report--
                    ``(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) Agency reports.--Not later than 5 years after the 
        date of enactment of this section, and annually thereafter, the 
        head of each Federal agency shall make publicly available a 
        report on the number of pieces of repairable surplus computer 
        or technology equipment that were sent to recycling, abandoned, 
        or destroyed.
    ``(d) Regulations.--The Administrator shall issue regulations that 
are necessary and appropriate to implement this section, including--
            ``(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) Judicial Review.--Nothing in this section shall be construed 
to create any substantive or procedural right or benefit enforceable by 
law by a party against the United States, its agencies, its officers, 
or its employees.
    ``(f) Rule of Construction.--Nothing in this section may be 
construed to supersede the requirements of the Stevenson-Wydler 
Technology Innovation Act of 1980 (Public Law 96-480; 15 U.S.C. 3701 et 
seq.).
    ``(g) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of General Services.
            ``(2) Digital divide.--The term `digital divide' means the 
        gap between those who have an internet-connected computer and 
        the skills to use the computer and those who do not.
            ``(3) Disability.--The term `disability' has the meaning 
        given that term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            ``(4) Educational institution.--The term `educational 
        institution' means--
                    ``(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) Eligible recipient.--The term `eligible recipient' 
        means an educational institution, individual with a disability, 
        low-income individual, student, senior in need, or veteran that 
        is residing or based in the United States.
            ``(6) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(7) Low-income individual.--The term `low-income 
        individual' has the meaning given that term in section 351 of 
        the Small Business Investment Act of 1958 (15 U.S.C. 689).
            ``(8) Nongovernmental entity.--The term `nongovernmental 
        entity' means an organization or group of organizations that--
                    ``(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) Nonprofit computer refurbisher.--The term `nonprofit 
        computer refurbisher' means a nonprofit organization that--
                    ``(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) Nonprofit organization.--The term `nonprofit 
        organization' means an organization that is described under 
        section 501(c)(3) of the Internal Revenue Code of 1986 and is 
        exempt from taxation under section 501(a) of such Code.
            ``(11) Repairable.--The term `repairable' means property 
        that is unusable in its current state but can be economically 
        repaired.
            ``(12) Secondary school.--The term `secondary school' has 
        the meaning given that term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            ``(13) Senior.--The term `senior' means an individual who 
        is 65 years of age or older.
            ``(14) Senior in need.--The term `senior in need' means a 
        senior who experiences cultural, social, or geographical 
        isolation that--
                    ``(A) restricts the ability of the senior to 
                perform normal daily tasks; or
                    ``(B) threatens the capacity of the senior to live 
                independently.
            ``(15) State agency for surplus property.--The term `State 
        agency for surplus property' has the meaning given the term 
        `state agency' under section 549(a).
            ``(16) Student.--The term `student' means any individual 
        enrolled in an educational institution, but not a public or 
        private child care center.
            ``(17) Surplus computer or technology equipment.--The term 
        `surplus computer or technology equipment' means computer or 
        technology equipment that is property described under section 
        549(b)(2).
            ``(18) Technology equipment.--The term `technology 
        equipment' means any physical asset related to a computer or 
        information technology, including any peripheral component, 
        tablet, communication device (such as a router, server, or cell 
        phone), printer, scanner, uninterruptible power source, cable, 
        or connection.
            ``(19) Veteran.--The term `veteran' has the meaning given 
        that term in section 101 of title 38.''.
    (b) Conforming Amendment.--The table of sections for chapter 5 of 
title 40, United States Code, is amended by inserting after the item 
relating to section 549 the following:

``549a. Donation of personal property through nonprofit 
                            refurbishers.''.

SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

     The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
            Amend the title so as to read: ``An Act to authorize the 
        Administrator of General Services to transfer certain surplus 
        computers and technology equipment to nonprofit computer 
        refurbishers for repair and distribution, and for other 
        purposes.''.
                                                       Calendar No. 582

117th CONGRESS

  2d Session

                               H. R. 3544

                          [Report No. 117-224]

_______________________________________________________________________

                                 AN ACT

 To require the Administrator of General Services to transfer certain 
   surplus computers and technology equipment to nonprofit computer 
   refurbishers for repair, distribution, and return, and for other 
                               purposes.

_______________________________________________________________________

                            December 5, 2022

        Reported with an amendment and an amendment to the title