40 U.S.C. § 549 — Donation of personal property through

Page 48 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 549 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 548 ............. 40:484(i). June 30, 1949, ch. 288, title II, § 203(i), 63 Stat. 386; Pub. L. 97–31, § 12(15), Aug. 6, 1981, 95 Stat. 154. Editorial Notes AMENDMENTS 2006—Pub. L. 109–304 substituted ‘‘part F of subtitle V of title 46’’ for ‘‘the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),’’. § 549. Donation of personal property through state agencies (a) DEFINITIONS.—In this section, the following definitions apply: (1) PUBLIC AGENCY.—The term ‘‘public agen- cy’’ means— (A) a State; (B) a political subdivision of a State (in- cluding a unit of local government or eco- nomic development district); (C) a department, agency, or instrumen- tality of a State (including instrumental- ities created by compact or other agreement between States or political subdivisions); or (D) an Indian tribe, band, group, pueblo, or community located on a state reservation. (2) STATE.—The term ‘‘State’’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. (3) STATE AGENCY.—The term ‘‘state agency’’ means an agency designated under state law as the agency responsible for fair and equi- table distribution, through donation, of prop- erty transferred under this section. (b) AUTHORIZATION.— (1) IN GENERAL.—The Administrator of Gen- eral Services, in the Administrator’s discre- tion and under regulations the Administrator may prescribe, may transfer property de- scribed in paragraph (2) to a state agency. (2) PROPERTY.— (A) IN GENERAL.—Property referred to in paragraph (1) is any personal property that— (i) is under the control of an executive agency; and (ii) has been determined to be surplus property. (B) SPECIAL RULE.—In determining wheth- er the property is to be transferred for dona- tion under this section, no distinction may be made between property capitalized in a working-capital fund established under sec- tion 2208 of title 10 (or similar fund) and any other property. (3) NO COST.—Transfer of property under this section is without cost, except for any costs of care and handling. (c) ALLOCATION AND TRANSFER OF PROPERTY.— (1) IN GENERAL.—The Administrator shall al- locate and transfer property under this section in accordance with criteria that are based on need and use and that are established after consultation with state agencies to the extent feasible. The Administrator shall give fair consideration, consistent with the established criteria, to an expression of need and interest from a public agency or other eligible institu- tion within a State. The Administrator shall give special consideration to an eligible recipi- ent’s request, transmitted through the state agency, for a specific item of property. (2) ALLOCATION AMONG STATES.—The Admin- istrator shall allocate property among the States on a fair and equitable basis, taking into account the condition of the property as well as the original acquisition cost of the property. (3) RECIPIENTS AND PURPOSES.—The Adminis- trator shall transfer to a state agency prop- erty the state agency selects for distribution through donation within the State— (A) to a public agency for use in carrying out or promoting, for residents of a given po- litical area, a public purpose, including con- servation, economic development, education, parks and recreation, public health, and pub- lic safety; (B) for purposes of education or public health (including research), to a nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), including— (i) a medical institution, hospital, clinic, health center, or drug abuse treatment center; (ii) a provider of assistance to homeless individuals or to families or individuals whose annual incomes are below the pov- erty line (as that term is defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902)); (iii) a school, college, or university; (iv) a school for the mentally retarded or physically handicapped; (v) a child care center; (vi) a radio or television station licensed by the Federal Communications Commis- sion as an educational radio or educational television station; (vii) a museum attended by the public, and, for purposes of determining whether a museum is attended by the public, the Ad- ministrator shall consider a museum to be public if the nonprofit educational or pub- lic health institution or organization, at minimum, accedes to any request sub- mitted for access during business hours; (viii) a library serving free all residents of a community, district, State, or region; or (ix) a historic light station as defined under section 305101(4) of title 54, including a historic light station conveyed under section 305103 of title 54, notwithstanding the number of hours that the historic light station is open to the public; or (C) for purposes of providing services to veterans (as defined in section 101 of title 38), to an organization whose— (i) membership comprises substantially veterans; and Page 49 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 549 (ii) representatives are recognized by the Secretary of Veterans Affairs under sec- tion 5902 of title 38. (4) EXCEPTION.—This subsection does not apply to property transferred under subsection (d). (d) DEPARTMENT OF DEFENSE PROPERTY.— (1) DETERMINATION.—The Secretary of De- fense shall determine whether surplus per- sonal property under the control of the De- partment of Defense is usable and necessary for educational activities which are of special interest to the armed services, including mari- time academies, or military, naval, Air Force, or Coast Guard preparatory schools. (2) PROPERTY USABLE FOR SPECIAL INTEREST ACTIVITIES.—If the Secretary of Defense deter- mines that the property is usable and nec- essary for educational activities which are of special interest to the armed services, the Sec- retary shall allocate the property for transfer by the Administrator to the appropriate state agency for distribution through donation to the educational activities. (3) PROPERTY NOT USABLE FOR SPECIAL INTER- EST ACTIVITIES.—If the Secretary of Defense determines that the property is not usable and necessary for educational activities which are of special interest to the armed services, the property may be disposed of in accordance with subsection (c). (e) STATE PLAN OF OPERATION.— (1) IN GENERAL.—Before property may be transferred to a state agency, the State shall develop a detailed state plan of operation, in accordance with this subsection and with state law. (2) PROCEDURE.— (A) CONSIDERATION OF NEEDS AND RE- SOURCES.—In developing and implementing the state plan of operation, the relative needs and resources of all public agencies and other eligible institutions in the State shall be taken into consideration. The Ad- ministrator may consult with interested fed- eral agencies to obtain their views con- cerning the administration and operation of this section. (B) PUBLICATION AND PERIOD FOR COM- MENT.—The state plan of operation, and any major amendment to the plan, may not be filed with the Administrator until 60 days after general notice of the proposed plan or amendment has been published and inter- ested persons have been given at least 30 days to submit comments. (C) CERTIFICATION.—The chief executive of- ficer of the State shall certify and submit the state plan of operation to the Adminis- trator. (3) REQUIREMENTS.— (A) STATE AGENCY.—The state plan of oper- ation shall include adequate assurance that the state agency has— (i) the necessary organizational and operational authority and capability in- cluding staff, facilities, and means and methods of financing; and (ii) established procedures for account- ability, internal and external audits, coop- erative agreements, compliance and use reviews, equitable distribution and prop- erty disposal, determination of eligibility, and assistance through consultation with advisory bodies and public and private groups. (B) EQUITABLE DISTRIBUTION.—The state plan of operation shall provide for fair and equitable distribution of property in the State based on the relative needs and re- sources of interested public agencies and other eligible institutions in the State and their abilities to use the property. (C) MANAGEMENT CONTROL AND ACCOUNTING SYSTEMS.—The state plan of operation shall require, for donable property transferred under this section, that the state agency use management control and accounting sys- tems of the same type as systems required by state law for state-owned property. How- ever, with approval from the chief executive officer of the State, the state agency may elect to use other management control and accounting systems that are effective to govern the use, inventory control, account- ability, and disposal of property under this section. (D) RETURN AND REDISTRIBUTION FOR NON- USE.—The state plan of operation shall re- quire the state agency to provide for the re- turn and redistribution of donable property if the property, while still usable, has not been placed in use for the purpose for which it was donated within one year of donation or ceases to be used by the donee for that purpose within one year of being placed in use. (E) REQUEST BY RECIPIENT.—The state plan of operation shall require the state agency, to the extent practicable, to select property requested by a public agency or other eligi- ble institution in the State and, if requested by the recipient, to arrange shipment of the property directly to the recipient. (F) SERVICE CHARGES.—If the state agency is authorized to assess and collect service charges from participating recipients to cover direct and reasonable indirect costs of its activities, the method of establishing the charges shall be set out in the state plan of operation. The charges shall be fair and eq- uitable and shall be based on services the state agency performs, including screening, packing, crating, removal, and transpor- tation. (G) TERMS, CONDITIONS, RESERVATIONS, AND RESTRICTIONS.— (i) IN GENERAL.—The state plan of oper- ation shall provide that the state agency— (I) may impose reasonable terms, con- ditions, reservations, and restrictions on the use of property to be donated under subsection (c); and (II) shall impose reasonable terms, conditions, reservations, and restrictions on the use of a passenger motor vehicle and any item of property having a unit acquisition cost of $5,000 or more. (ii) SPECIAL LIMITATIONS.—If the Admin- istrator finds that an item has characteris- Page 50 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 549 tics that require special handling or use limitations, the Administrator may im- pose appropriate conditions on the dona- tion of the property. (H) UNUSABLE PROPERTY.— (i) DISPOSAL.—The state plan of oper- ation shall provide that surplus personal property which the state agency deter- mines cannot be used by eligible recipients shall be disposed of— (I) subject to the disapproval of the Ad- ministrator within 30 days after notice to the Administrator, through transfer by the state agency to another state agency or through abandonment or de- struction if the property has no commer- cial value or if the estimated cost of con- tinued care and handling exceeds esti- mated proceeds from sale; or (II) under this subtitle, on terms and conditions and in a manner the Adminis- trator prescribes. (ii) PROCEEDS FROM SALE.—Notwith- standing subchapter IV of this chapter and section 702 of this title, the Administrator, from the proceeds of sale of property de- scribed in subsection (b), may reimburse the state agency for expenses that the Ad- ministrator considers appropriate for care and handling of the property. (f) COOPERATIVE AGREEMENTS WITH STATE AGENCIES.— (1) PARTIES TO THE AGREEMENT.—For pur- poses of carrying out this section, a coopera- tive agreement may be made between a state surplus property distribution agency des- ignated under this section and— (A) the Administrator; (B) the Secretary of Education, for prop- erty transferred under section 550(c) of this title; (C) the Secretary of Health and Human Services, for property transferred under sec- tion 550(d) of this title; or (D) the head of a federal agency designated by the Administrator, the Secretary of Edu- cation, or the Secretary of Health and Human Services. (2) SHARED RESOURCES.—The cooperative agreement may provide that the property, fa- cilities, personnel, or services of— (A) a state agency may be used by a fed- eral agency; and (B) a federal agency may be made avail- able to a state agency. (3) REIMBURSEMENT.—The cooperative agree- ment may require payment or reimbursement for the use or provision of property, facilities, personnel, or services. Payment or reimburse- ment received from a state agency shall be credited to the fund or appropriation against which charges would otherwise be made. (4) SURPLUS PROPERTY TRANSFERRED TO STATE AGENCY.— (A) IN GENERAL.—Under the cooperative agreement, surplus property transferred to a state agency for distribution pursuant to subsection (c) may be retained by the state agency for use in performing its functions. Unless otherwise directed by the Adminis- trator, title to the retained property vests in the state agency. (B) CONDITIONS.—Retention of surplus property under this paragraph is subject to conditions that may be imposed by— (i) the Administrator; (ii) the Secretary of Education, for prop- erty transferred under section 550(c) of this title; or (iii) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109–313, § 5, Oct. 6, 2006, 120 Stat. 1737; Pub. L. 111–338, § 2, Dec. 22, 2010, 124 Stat. 3590; Pub. L. 113–26, § 2, Aug. 9, 2013, 127 Stat. 502; Pub. L. 113–287, § 5(j)(1), Dec. 19, 2014, 128 Stat. 3269; Pub. L. 114–287, § 23, Dec. 16, 2016, 130 Stat. 1479.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 549(a)(1), (2) 40:484(j)(5). June 30, 1949, ch. 288, title II, § 203(j), 63 Stat. 386; Sept. 5, 1950, ch. 849, § 4, 64 Stat. 579; June 3, 1955, ch. 130, §§ 1, 2(a), 6(a), (b), 69 Stat. 83, 84; July 3, 1956, ch. 513, § 1, 70 Stat. 493; Pub. L. 87–786, Oct. 10, 1962, 76 Stat. 805; Pub. L. 94–519, § 1(1), Oct. 17, 1976, 90 Stat. 2451; Pub. L. 99–386, title II, § 207, Aug. 22, 1986, 100 Stat. 823; Pub. L. 100–77, title V, § 502(a), July 22, 1987, 101 Stat. 510; Pub. L. 100–690, title II, § 2081(b), Nov. 18, 1988, 102 Stat. 4216; Pub. L. 105–50, § 1, Oct. 6, 1997, 111 Stat. 1167. 549(a)(3), (b) 40:484(j)(1). 549(c) ......... 40:484(j)(3). 549(d) ......... 40:484(j)(2). 549(e) ......... 40:484(j)(4). 549(f) .......... 40:484(n). June 30, 1949, ch. 288, title II, § 203(n), formerly (m), as added June 3, 1955, ch. 130, § 3, 69 Stat. 84; redes- ignated (n), Aug. 1, 1955, ch. 442, 69 Stat. 430; July 3, 1956, ch. 513, § 3, 70 Stat. 494; Pub. L. 87–94, July 20, 1961, 75 Stat. 213; Pub. L. 90–351, title I, § 525, as added Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 216; Pub. L. 91–485, § 3, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 94–519, § 1(3), Oct. 17, 1976, 90 Stat. 2453. In subsection (a)(2), the words ‘‘the Northern Mariana Islands’’ are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the North- ern Mariana Islands in Political Union With the United States of America (48:1801 note). In subsection (d), the words ‘‘Secretary of Defense’’ are substituted for ‘‘National Military Establishment’’ [subsequently changed to ‘‘Department of Defense’’ be- cause of section 12(a) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591)] because of 10:113(a). In subsection (e)(2)(B), the words ‘‘In the event that a State legislature has not developed, according to State law, a State plan within two hundred and seventy calendar days after October 17, 1976, the chief executive officer of the State shall approve, and submit to the Administrator, a temporary State plan’’ are omitted as obsolete. In subsection (f)(1)(B)–(D) and (4)(B), the words ‘‘Sec- retary of Education’’ and ‘‘Secretary of Health and Human Services’’ are substituted for ‘‘Secretary of Health, Education, and Welfare’’ because of sections Page 51 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 549 301(a)(2)(P) and (b), 507, and 509(b) of the Department of Education Organization Act (20:3441(a)(2)(P) and (b), 3507, and 3508(b)). Editorial Notes AMENDMENTS 2016—Subsec. (c)(3)(B)(vii). Pub. L. 114–287 amended cl. (vii) generally. Prior to amendment, cl. (vii) read as follows: ‘‘a museum attended by the public;’’. 2014—Subsec. (c)(3)(B)(ix). Pub. L. 113–287 substituted ‘‘section 305101(4) of title 54’’ for ‘‘section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w–7(e)(2))’’ and ‘‘section 305103 of title 54’’ for ‘‘sub- section (b) of that section’’. 2013—Subsec. (c)(3)(B)(viii), (x). Pub. L. 113–26, § 2(2), inserted ‘‘or’’ at end of cl. (viii) and struck out cl. (x) which read as follows: ‘‘an organization whose— ‘‘(I) membership comprises substantially veterans (as defined under section 101 of title 38); and ‘‘(II) representatives are recognized by the Sec- retary of Veterans Affairs under section 5902 of title 38.’’ Subsec. (c)(3)(C). Pub. L. 113–26, § 2(1), (3), added sub- par. (C). 2010—Subsec. (c)(3)(B)(x). Pub. L. 111–338 added cl. (x). 2006—Subsec. (c)(3)(B)(ix). Pub. L. 109–313 added cl. (ix). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Orga- nization and Employees. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents EX. ORD. NO. 12999. EDUCATIONAL TECHNOLOGY: ENSUR- ING OPPORTUNITY FOR ALL CHILDREN IN THE NEXT CEN- TURY Ex. Ord. No. 12999, Apr. 17, 1996, 61 F.R. 17227, pro- vided: In order to ensure that American children have the skills they need to succeed in the information-inten- sive 21st century, the Federal Government is com- mitted to working with the private sector to promote four major developments in American education: mak- ing modern computer technology an integral part of every classroom; providing teachers with the profes- sional development they need to use new technologies effectively; connecting classrooms to the National In- formation Infrastructure; and encouraging the creation of excellent educational software. This Executive order streamlines the transfer of excess and surplus Federal computer equipment to our Nation’s classrooms and encourages Federal employees to volunteer their time and expertise to assist teachers and to connect class- rooms. Accordingly, by the authority vested in me as Presi- dent by the Constitution and the laws of the United States of America, including the provisions of the Ste- venson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3701 et seq.), the Federal Property and Administrative Services Act of 1949, ch. 288, 63 Stat. 377 [now chapters 1 to 11 of this title and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], and the National Defense Authorization Act for Fiscal Year 1996, Public Law 104–106 [see Tables for classification], it is hereby ordered as follows: SECTION 1. Protection of Educationally Useful Federal Equipment. (a) Educationally useful Federal equipment is a vital national resource. To the extent such equip- ment can be used as is, separated into parts for other computers, or upgraded—either by professional techni- cians, students, or other recycling efforts—education- ally useful Federal equipment is a valuable tool for computer education. Therefore, to the extent possible, all executive departments and agencies (hereinafter re- ferred to as ‘‘agencies’’) shall protect and safeguard such equipment, particularly when declared excess or surplus, so that it may be recycled and transferred, if appropriate, pursuant to this order. SEC. 2. Efficient Transfer of Educationally Useful Fed- eral Equipment to Schools and Nonprofit Organizations. (a) To the extent permitted by law, all agencies shall give highest preference to schools and nonprofit organiza- tions, including community-based educational organi- zations, (‘‘schools and nonprofit organizations’’) in the transfer, through gift or donation, of educationally use- ful Federal equipment. (b) Agencies shall attempt to give particular pref- erence to schools and nonprofit organizations located in the Federal enterprise communities and empower- ment zones established in the Omnibus Reconciliation Act of 1993, Public Law 103–66 [see 26 U.S.C. 1391 et seq.]. (c) Each agency shall, to the extent permitted by law and where appropriate, identify educationally useful Federal equipment that it no longer needs and transfer it to a school or nonprofit organization by: (1) conveying research equipment directly to the school or organization pursuant to 15 U.S.C. 3710(i); or (2) reporting excess equipment to the General Serv- ices Administration (GSA) for donation when declared surplus in accordance with section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 484(j) [now 40 U.S.C. 549]. Agencies shall report such equipment as far as possible in ad- vance of the date the equipment becomes excess, so that GSA may attempt to arrange direct transfers from the donating agency to recipients eligible under this order. (d) In transfers made pursuant to paragraph (c)(1) of this section, title shall transfer directly from the agen- cy to the schools or nonprofit organizations as required by 15 U.S.C. 3710(i). All such transfers shall be reported to the GSA. At the direction of the recipient institu- tion or organization, and if appropriate, transferred equipment may be conveyed initially to a nonprofit reuse or recycling program that will upgrade it before transfer to the school or nonprofit organization holding title. (e) All transfers to schools or nonprofit organiza- tions, whether made directly or through GSA, shall be made at the lowest cost to the school or nonprofit orga- nization permitted by law. (f) The availability of educationally useful Federal equipment shall be made known to eligible recipients under this order by all practicable means, including newspaper, community announcements, and the Inter- net. (g) The regional Federal Executive Boards shall help facilitate the transfer of educationally useful Federal equipment from the agencies they represent to recipi- ents eligible under this order. SEC. 3. Assisting Teachers’ Professional Development: Connecting Classrooms. (a) Each agency that has em- ployees who have computer expertise shall, to the ex- tent permitted by law and in accordance with the guidelines of the Office of Personnel Management, en- courage those employees to: (1) help connect America’s classrooms to the National Information Infrastructure; (2) assist teachers in learning to use computers to teach; and Page 52 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 549a (3) provide ongoing maintenance of and technical sup- port for the educationally useful Federal equipment transferred pursuant to this order. (b) Each agency described in subsection (a) shall sub- mit to the Office of Science and Technology Policy, within 6 months of the date of this order, an implemen- tation plan to advance the developments described in this order, particularly those required in this section. The plan shall be consistent with approved agency budget totals and shall be coordinated through the Of- fice of Science and Technology Policy. (c) Nothing in this order shall be interpreted to bar a recipient of educationally useful Federal equipment from lending that equipment, whether on a permanent or temporary basis, to a teacher, administrator, stu- dent, employee, or other designated person in further- ance of educational goals. SEC. 4. Definitions. For the purposes of this order: (a) ‘‘Schools’’ means individual public or private education institutions encompassing prekindergarten through twelfth grade, as well as public school districts. (b) ‘‘Community-based educational organizations’’ means nonprofit entities that are engaged in collabo- rative projects with schools or that have education as their primary focus. Such organizations shall qualify as nonprofit educational institutions or organizations for purposes of section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended [now 40 U.S.C. 549]. (c) ‘‘Educationally useful Federal equipment’’ means computers and related peripheral tools (e.g., printers, modems, routers, and servers), including telecommuni- cations and research equipment, that are appropriate for use in prekindergarten, elementary, middle, or sec- ondary school education. It shall also include computer software, where the transfer of licenses is permitted. (d) ‘‘Nonprofit reuse or recycling program’’ means a 501(c) organization able to upgrade computer equip- ment at no or low cost to the school or nonprofit orga- nization taking title to it. (e) ‘‘Federal Executive Boards,’’ as defined in 5 C.F.R. Part 960, are regional organizations of each Federal agency’s highest local officials. SEC. 5. This order shall supersede Executive Order No. 12821 of November 16, 1992. SEC. 6. Judicial Review. This order is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its offi- cers, or its employees. WILLIAM J. CLINTON. § 549a. Donation of personal property through nonprofit refurbishers (a) AUTHORIZATION.—Not later than 30 days after the date on which the Administrator pro- vides State agencies for surplus property an op- portunity to review surplus computer or tech- nology equipment under section 549, the Admin- istrator shall, as appropriate, transfer full title to such surplus computer or technology equip- ment that is determined to be eligible under subsection (b)(1) to nonprofit computer refur- bishers 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 tech- nology 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 refur- bishers 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 com- puter 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 Adminis- trator under subsection (d); (C) offer training programs on the use of the repaired computers and technology equipment for the recipients of the equip- ment; and (D) use recyclers to the maximum extent practicable in the event that surplus com- puter or technology equipment transferred under this section cannot be repaired or re- used. (c) REPORTING REQUIREMENTS.— (1) REFURBISHER REPORTS.—A nonprofit com- puter refurbisher that receives surplus com- puter or technology equipment under this sec- tion shall provide the Administrator with any information the Administrator determines to be necessary for required reporting— (A) including information about the dis- tribution of such equipment; and (B) which shall not include any personal identifying information about the recipient of such equipment apart from whether a re- cipient is an educational institution, indi- vidual with disabilities, low-income indi- vidual, student, senior in need, or veteran for the purposes of eligibility under this sec- tion. (2) ADMINISTRATOR REPORTS.—Annually and consistent with reporting requirements for transfers of Federal personal property to non- Federal entities, the Administrator shall sub- mit 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 Ad- ministrator 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 refur- bishers that received, made repairs to, and distributed surplus computer and technology equipment, including disclosure of any for- eign ownership interest in a nonprofit com- puter refurbisher; and (D) a list of donated and subsequently re- paired surplus computer or technology equipment identifying—