[Senate Report 117-224]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 582
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      117-224
_______________________________________________________________________

                                     


            COMPUTERS FOR VETERANS AND STUDENTS ACT OF 2022

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               H.R. 3544

                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





[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]







                December 5, 2022.--Ordered to be printed  
                
                             _________
                              
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
39-010                   WASHINGTON : 2022
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
              Chelsea A. Davis, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Cara G. Mumford, Minority Director of Governmental Affairs
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk













                                                      Calendar No. 582
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      117-224

======================================================================



 
                  COMPUTERS FOR VETERANS AND STUDENTS 
                              ACT OF 2022

                                _______
                                

                December 5, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 3544]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 3544) 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, having considered the same, reports 
favorably thereon with amendment, in the nature of a 
substitute, and an amendment to the title and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  1
 II. Background and Need for the Legislation..........................  2
III. Legislative History..............................................  5
 IV. Section-by-Section Analysis of the Bill, as Reported.............  5
  V. Evaluation of Regulatory Impact..................................  6
 VI. Congressional Budget Office Cost Estimate........................  6
VII. Changes in Existing Law Made by the Bill, as Reported............  9

                         I. Purpose and Summary

    H.R. 3544 authorizes the Administrator of General Services 
to transfer certain surplus computers and technology equipment 
to nonprofit computer refurbishers for repair, distribution, 
and return. This bill intends to help bridge the digital device 
gap in the United States by authorizing the General Services 
Administration (GSA) to establish a new program through which 
nonprofit computer refurbishers across the country can access 
surplus, repairable federal computers and technology equipment, 
make necessary repairs, and then distribute the computers and 
technology equipment to individuals in need.

              II. Background and the Need for Legislation

    Digital devices are necessary for individuals to 
participate meaningfully in everyday life in the 21st Century. 
However, millions of Americans do not possess or have access to 
digital devices or services, and inequality associated with 
access to digital devices or services, such as Internet access, 
is generally referred to as the ``digital divide.'' Within the 
digital divide is the device gap, which refers to inequality 
specifically associated with access to computer or technology 
equipment, or not having enough devices in a household to 
support the needs of multiple family members.
    Based on 2020 Census data, roughly 8 percent of U.S. 
households--approximately 10 million--do not have a 
computer.\1\ That means that an estimated 27 million Americans 
do not have a connected computer at home.\2\ Due to costs 
associated with new devices, the device gap adversely and 
disproportionately affects older, disabled, less educated, and 
less affluent Americans. Accordingly, individuals in one or 
more of these groups have difficulty or are unable to complete 
schoolwork, work remotely from home, access telehealth and 
telemedicine services, or connect to loved ones or their 
communities.
---------------------------------------------------------------------------
    \1\U.S. Census Bureau, American Community Survey 2020 5-Year 
Subject Tables: Types of Computers and Internet Subscriptions (2020), 
https://data.census.gov/table?q=United+States
+internet&tid=ACSST5Y2020.S2801; U.S. Census Bureau, Quick Facts 
(accessed Nov. 30, 2022), https://www.census.gov/quickfacts/fact/table/
US/HCN010217.
    \2\Id.
---------------------------------------------------------------------------
    For example, a Pew Research Center study showed that only 
59 percent of U.S. adults making less than $30,000 annually 
have a desktop or laptop computer, compared to 83 percent 
making between $30,000 and $99,000 annually, and 92 percent 
making $100,000 or more.\3\ A different Pew Research Center 
study found that 62 percent of surveyed U.S. adults who 
experience a disability have a desktop or laptop computer 
compared to 81 percent of surveyed U.S. adults who do not 
experience a disability.\4\
---------------------------------------------------------------------------
    \3\Emily A. Vogels, Digital divide persists even as Americans with 
lower incomes make gains in tech adoption, Pew Research Center (June 
22, 2021), https://www.pewresearch.org/fact-tank/2021/06/22/digital-
divide-persists-even-as-americans-with-lower-incomes-make-gains-in-
tech-adoption/.
    \4\Andrew Perrin & Sara Atske, Americans with disabilities less 
likely than those without to own some digital devices, Pew Research 
Center (Sept. 10, 2021).
---------------------------------------------------------------------------
    One study of veterans' access to the Internet showed that 
44 percent of respondents without an Internet connection were 
older, less educated, and earn a lower income than those with 
access to the Internet.\5\ The same study showed how veterans 
without an Internet connection rely on friends and family to 
access and use the Internet, including to receive medical 
services through the Department of Veterans Affairs (VA).\6\ In 
recognition of older veterans' limited access to the Internet 
and digital devices needed for telehealth appointments, the 
Department of Veterans Affairs (VA) launched the Digital Divide 
Consult in June 2022, which pairs veterans with a VA social 
worker who can advise the veteran on what Internet or 
technology access programs for which they may qualify.\7\
---------------------------------------------------------------------------
    \5\Tana M. Luger, et al., Older Veterans Digital Disparities: 
Examining the Potential for Solutions Within Social Networks, J. Med. 
Internet Res. (Nov. 23, 2016), https://www.ncbi.nlm .nih.gov/pmc/
articles/PMC5143468/.
    \6\Id.
    \7\Hans Petersen, VA telehealth services through the Digital Divide 
Consult, Veterans Health Administration Office of Communications (Jun. 
14, 2022), https://news.va.gov/104490/va-
telehealth-services-through-the-digital-divide-consult/
?utm_source=twitter&utm_medium=social 
&utm_campaign=&utm_term=&utm_content=.
---------------------------------------------------------------------------
    The impact of the device gap was particularly felt by 
students during the COVID-19 pandemic. According to the Pew 
Research Center, in April 2020, 59 percent of U.S. parents with 
lower incomes (those making less than $40,100 annually) 
reported that their children would face challenges doing 
schoolwork virtually because they did not have access to the 
Internet, did not have a computer at home, or would be required 
to do their homework on a cellphone.\8\ In that same survey, 92 
percent of the parents who anticipated that their children 
would experience one or more of these challenges said that 
schools should provide devices to at least some students.\9\ 
And 80 percent of parents who did not think that their children 
would experience challenges associated with limited access to a 
computer or the Internet agreed that schools should provide 
devices to children encountering these challenges.\10\
---------------------------------------------------------------------------
    \8\Emily A. Vogels, 59% of U.S. parents with lower incomes say 
their child may face digital obstacles in schoolwork, Pew Research 
Center (Sept. 10, 2020), https://www.pewresearch.org/fact-tank/2020/09/
10/59-of-u-s-parents-with-lower-incomes-say-their-child-may-face-
digital-obstacles-in-schoolwork/; see also Emily A. Vogels, et al., 53% 
of Americans Say the Internet Has Been Essential During the COVID-19 
Outbreak at 3 (Apr. 30, 2020), https://www.pewresearch.org/internet/wp-
content/uploads/sites/9/2020/04/PI_2020.04.30_COVID-internet_REPORT.pdf 
citing Juliana Menasce Horowitz, et al., The American Trends Panel 
survey methodology, Pew Research Center (Jan. 9, 2020), https://
www.pewresearch.org/social-trends/2020/01/09/methodology-27/ 
(describing how Pew defined ``lower income'' for the purposes of this 
study).
    \9\Id.
    \10\Id.
---------------------------------------------------------------------------
    To increase digital equity, H.R. 3544, the Computers for 
Veterans and Students Act, seeks to address the lack of 
inventory of usable, low-cost devices available to those 
experiencing the device gap. The bill seeks to address that 
issue by tapping into the Federal government's surplus computer 
and technology equipment inventories.
    Under title 40, United States Code, the GSA administers 
several programs designed to catalogue and make available 
surplus Federal personal property to eligible donees or 
buyers.\11\ Surplus personal property includes computers and 
related technology.\12\
---------------------------------------------------------------------------
    \11\See generally General Services Administration, How to Acquire 
Surplus Federal Personal Property (accessed Nov. 1, 2022), https://
www.gsa.gov/buy-through-us/government-property-for-sale-or-disposal/
personal-property-for-reuse-sale/for-state-agencies-and-public-orgs/
how-to-acquir e-surplus-federal-personal-property.
    \12\40 U.S.C. Sec. Sec. 102(9)-(10) (defining ``property'' and 
``surplus property,'' respectively).
---------------------------------------------------------------------------
    In most cases, surplus personal property is made available 
first to State Agencies for Surplus Property (SASPs) after 
being made available to other Federal agencies.\13\ SASPs are 
State-run hubs for acquiring and distributing Federal surplus 
personal property to eligible recipients, including local 
governments, medical institutions, schools, libraries, and 
senior organizations.\14\ H.R. 3544 acknowledges the role of 
the SASPs in the surplus personal property marketplace by 
allowing SASPs to continue to have primary access to the GSA 
inventory.\15\
---------------------------------------------------------------------------
    \13\See 40 U.S.C. Sec. 549.
    \14\40 U.S.C. Sec. 549(c)(3)(A)-(C).
    \15\H.R. 3544, as reported, Sec. 3(a) at 549a(a) (117-2021).
---------------------------------------------------------------------------
    While existing programs are designed to deliver computer 
and technology equipment to people in need, much of the 
available inventory requires repairs or refurbishment. These 
repairs can be prohibitively expensive, which may deter 
eligible recipients from participating in the programs and 
could ultimately prevent individuals and entities in need from 
accessing critical digital tools.\16\ In addition, no Federal 
program currently exists to repair or refurbish surplus 
computer or technology equipment before it is made available to 
eligible recipients to ensure that they are able to use it upon 
receipt. Thus, simply having access to Federal surplus does not 
ensure that an eligible recipient can use these critical 
devices. H.R. 3544 bridges the gap between the inventory and 
the end-user by integrating the non-profit refurbisher 
community into the Federal surplus personal property 
marketplace.
---------------------------------------------------------------------------
    \16\Emily A. Vogels, 59% of U.S. parents with lower incomes say 
their child may face digital obstacles in schoolwork, Pew Research 
Center (Sept. 10, 2020), https://www.pewresearch.org/fact-tank/2020/09/
10/59-of-u-s-parents-with-lower-incomes-say-their-child-may-face-
digital-obstacles-in-schoolwork/.
---------------------------------------------------------------------------
    Across the U.S., non-profit technology refurbishers are 
working to address the device gap by increasing the supply of 
low-cost or no-cost computer and technology equipment.\17\ The 
refurbishers work with community-based organizations to 
distribute repaired and refurbished equipment to people in need 
and to provide training on how to use the technology.\18\ 
Critically, these refurbishers and groups could be more 
effective if they had greater access to the Federal 
government's repairable surplus computer and technology 
equipment.
---------------------------------------------------------------------------
    \17\Alliance for Technology Refurbishing and Reuse, Map Locator 
(accessed Nov. 1, 2022), https://aftrr.org/map-locator/.
    \18\Alliance for Technology Refurbishing and Reuse, Member Pledge 
(accessed Nov. 1, 2022), https://aftrr.org/about-us/member-pledge/.
---------------------------------------------------------------------------
    The Computers for Veterans and Students Act is designed to 
supplement existing donation programs, such as those 
facilitated by SASPs and the Computers for Learning 
program,\19\ and make them more effective by increasing the 
supply of usable federal surplus computers and technology 
equipment. It does this by requiring GSA to partner with the 
non-profit refurbisher community, which would be responsible 
for making repairs.\20\ In turn, the non-profit refurbishers 
would then work within program guidelines to distribute 
repaired equipment to eligible recipients.\21\
---------------------------------------------------------------------------
    \19\S. 3897 Sec. 6 (117-2022); Executive Order 12999, Educational 
Technology: Ensuring Opportunity for All Children in the Next Century 
(Apr. 19, 1996) (61 Fed. Reg. 17227); see also General Services 
Administration, Computers for Learning (accessed Nov. 1. 2022), https:/
/computers
forlearning.gov/.
    \20\H.R. 3544, as reported, Sec. 3(a) at Sec. 549a(b)(3)(A) (117-
2021).
    \21\H.R. 3544, as reported, Sec. 3(a) at Sec. 549a(b)(3)(B)-(C), 
(d)(3) (117-2021).
---------------------------------------------------------------------------
    Importantly, the legislation requires GSA to regulate fees 
that may be assessed to recipients to cover the cost of 
repairs. These regulations should help to ensure that these 
potential costs do not prevent eligible program participants 
from receiving federal surplus equipment through the 
program.\22\ The reported bill also adds additional security 
provisions to ensure that surplus property donated through the 
program undergoes proper sanitization and that it is only 
distributed through U.S.-based organizations to U.S.-based 
recipients.\23\ The reporting requirements provide 
accountability to ensure that the program achieves its full 
impact while protecting the Federal government and program 
recipients from foreign adversaries.\24\
---------------------------------------------------------------------------
    \22\H.R. 3544, as reported, Sec. 3(a) at Sec. 549a(b)(3)(B), (d)(1) 
(117-2021).
    \23\H.R. 3544, as reported, Sec. 3(a) at Sec. 549a(b)(1)(B), 
(d)(2), (g) (117-2021).
    \24\H.R. 3544, as reported, Sec. 3(a) at Sec. 549a(c) (117-2021).
---------------------------------------------------------------------------

                        III. Legislative History

    Representative Abigail Spanberger (D-VA) introduced H.R. 
3544, the Computers for Veterans and Students Act on May 25, 
2021. The bill was considered and ordered to be favorably 
reported, as amended, by the House Committee on Oversight and 
Reform on April 6, 2022. The bill passed the House, as amended, 
on July 12, 2022.
    The Senate Committee on Homeland Security and Governmental 
Affairs considered H.R. 3544 at a business meeting on September 
28, 2022. During the business meeting, a substitute amendment, 
as modified, was offered by Senator Hassan and was adopted by 
voice vote en bloc. The amendment as modified made several 
organizational, technical, and grammatical changes to H.R. 3544 
to improve the bill and provide clarity based on feedback from 
the General Services Administration, industry stakeholders, and 
other Senators. A second amendment, also adopted by voice vote 
en bloc, was offered by Senator Hassan. This amendment made two 
changes to the official title of the bill to better reflect the 
bill's contents and purpose.
    The bill, as amended, was ordered reported favorably by 
voice vote en bloc, with Senators Peters, Carper, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Portman, Johnson, Paul, 
Lankford, Romney, Scott, and Hawley present.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section provides the short title of the bill: 
``Computers for Veterans and Students Act of 2022'' or ``COVS 
Act.''

Section 2. Findings

    The findings describe the digital device gap in the United 
States, and how this bill could help address that gap through 
establishing partnerships between the federal government and 
nonprofit device refurbishers.

Section 3. Refurbishment and distribution of surplus computers and 
        technology equipment

    Subsection (a) amends subchapter III of chapter 5 of title 
40, United States Code, by inserting after section 549 a new 
section: ``549a. Donation of personal property through 
nonprofit refurbishers.''
    Within that new section, 549a(a) authorizes the 
Administrator of General Services to transfer full title of 
surplus computer or technology equipment to nonprofit computer 
refurbishers who then repair and transfer full title of the 
equipment to eligible recipients.
    549a(b) sets out what surplus equipment is eligible for 
transfer and that the General Services Administration is 
allowed to partner with nongovernmental entities to generate 
participation in the program by nonprofit refurbishers. In 
addition, it outlines the responsibilities of the nonprofit 
refurbishers, including repairing and distributing the 
equipment, as well as offering training on the use of the 
equipment to recipients.
    549a(c) describes the reporting requirements for the 
nonprofit refurbishers, the Administrator of General Services, 
and Federal agencies. This includes an annual report describing 
the activities performed under the Act.
    549a(d) requires the Administrator of General Services to 
issue regulations to implement the program, including 
regulations addressing the assessment of nominal fees, 
establishing certification requirements for program 
participants, creating an efficient way to identify eligible 
recipients, and determining appropriate recyclers.
    549a(e) limits judicial review of decisions made under the 
authority of the program, 549a(f) offers a rule of construction 
that this program does not supersede the Stevens-Wydler 
Technology Innovation Act of 1980, and 549a(g) proffers 
definitions for the section.
    Subsection (b) makes a conforming amendment to insert 
``549a. Donation of personal property through nonprofit 
refurbishers.'' after section 549 of title 40, United States 
Code.

Section 4. Determination of budgetary effects

    This section requires that the Congressional Budget Office 
review the legislation and submit a statement on the bill's 
budgetary effects before the Senate may vote on passage, 
according to the Statutory Pay-As-You-Go Act of 2010.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

    H.R. 3544 would require the General Services Administration 
to transfer surplus computer equipment directly to certified 
nonprofit organizations that would refurbish and distribute the 
equipment to veterans, educational institutions, students, 
seniors, people with disabilities, and low-income people. CBO 
estimates that enacting H.R. 3544 would have an insignificant 
effect on direct spending and no effect on revenues over the 
2023-2032 period. CBO estimates that implementing the bill 
would increase discretionary costs by an insignificant amount 
over the 2023-2027 period but that spending would be subject to 
the availability of appropriated funds. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs during the 117th 
Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

           SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED

    The Congressional Budget Act of 1974 requires the 
Congressional Budget Office, to the extent practicable, to 
prepare estimates of the budgetary effects of legislation 
ordered reported by Congressional authorizing committees. In 
order to provide the Congress with as much information as 
possible, the attached table summarizes information about the 
estimated direct spending and revenue effects of some of the 
legislation that has been ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs during 
the 117th Congress. The legislation listed in this table 
generally would have small effects, if any, on direct spending 
or revenues, CBO estimates. Where possible, the table also 
provides information about the legislation's estimated effects 
on spending subject to appropriation and on intergovernmental 
and private-sector mandates as defined in the Unfunded Mandates 
Reform Act.

                                                  ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Increases
                                                               Direct                 Spending Subject   Pay-As-You-   On-Budget
   Bill        Title        Status      Last      Budget     Spending,    Revenues,          to              Go         Deficits    Mandates    Contact
  Number                               Action    Function    2023-2032    2023-2032    Appropriation,    Procedures    Beginning
                                                                                          2023-2027        Apply?       in 2033?
--------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 3544  COVS Act       Ordered     09/28/22  800         Between      0            Between zero and  Yes           No           No          Matthew
                           reported                          zero and                  $500,000                                                 Pickford
                                                             $500,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 3544 would require the General Services Administration to transfer surplus computer equipment directly to certified nonprofit organizations that
  would refurbish and distribute the equipment to veterans, educational institutions, students, seniors, people with disabilities, and low-income
  people. CBO estimates that enacting H.R. 3544 would have an insignificant effect on direct spending and no effect on revenues over the 2023-2032
  period. CBO estimates that implementing the bill would increase discretionary costs by an insignificant amount over the 2023-2027 period but that
  spending would be subject to the availability of appropriated funds. The bill contains no intergovernmental or private-sector mandates as defined in
  the Unfunded Mandates Reform Act.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

           *       *       *       *       *       *       *


Subtitle I--Federal Property and Administrative Services

           *       *       *       *       *       *       *


CHAPTER 5--PROPERTY MANAGEMENT

           *       *       *       *       *       *       *



Subchapter III--Disposing of Property

           *       *       *       *       *       *       *


    Sec. 549. * * *

           *       *       *       *       *       *       *


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.

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