[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 752 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 752

    To direct Federal agencies to donate excess and surplus Federal 
    electronic equipment, including computers, computer components, 
   printers, and fax machines, to qualifying small towns, counties, 
            schools, nonprofit organizations, and libraries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2007

Mr. Butterfield (for himself, Mr. Conyers, Ms. Lee, Mr. Honda, and Mr. 
    Baca) introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
    To direct Federal agencies to donate excess and surplus Federal 
    electronic equipment, including computers, computer components, 
   printers, and fax machines, to qualifying small towns, counties, 
            schools, nonprofit organizations, and libraries.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Electronic Equipment 
Donation Act of 2007''.

SEC. 2. REQUIREMENT TO DONATE USEFUL FEDERAL ELECTRONIC EQUIPMENT TO 
              QUALIFYING RECIPIENTS.

    (a) Transfer of Equipment to Qualifying Entities.--Each Federal 
agency shall identify useful Federal electronic equipment that the 
agency has determined is surplus property and--
            (1) transfer such equipment to the Administrator of General 
        Services for transfer for donation to a qualifying recipient in 
        accordance with section 549 of title 40, United States Code;
            (2) transfer such equipment directly to a qualifying 
        recipient, through an arrangement made by the Administrator of 
        General Services under subsection (b); or
            (3) transfer such equipment directly to a qualifying 
        recipient pursuant to section 11(i) of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3710(i)) and in 
        accordance with subsection (c).
    (b) Advance Reporting of Equipment to GSA.--Each Federal agency 
shall report to the Administrator of General Services the availability 
of useful Federal electronic equipment as far as possible in advance of 
the date the equipment is expected to become surplus, so that the 
Administrator may attempt to arrange for the direct transfer from the 
donating agency to qualifying recipients.
    (c) Transfers Under Stevenson-Wydler.--With respect to any transfer 
described in subsection (a)(3), if the equipment is not classroom-
usable, the equipment shall be conveyed initially to a nonprofit 
refurbisher for upgrade before transfer to the recipient.
    (d) Preference.--In transferring any equipment pursuant to this 
Act, the Administrator of General Services shall give the highest 
preference to qualifying recipients located in an enterprise community 
or empowerment zone designated under section 1391 or 1400 of the 
Internal Revenue Code of 1986.
    (e) Low Cost.--Any transfer made pursuant to this Act shall be made 
at the lowest cost to the qualifying recipient permitted by law.
    (f) Notice of Availability of Equipment.--The Administrator of 
General Services shall provide notice of the anticipated availability 
of useful Federal electronic equipment to qualifying recipients by all 
practicable means, including newspapers, community announcements, and 
the Internet.
    (g) Facilitation by Regional Federal Executive Boards.--The 
regional Federal Executive Boards (as that term is used in part 960 of 
title 5, Code of Federal Regulations) shall help facilitate the 
transfer of useful Federal electronic equipment from the agencies they 
represent to qualifying recipients under this Act.

SEC. 3. RULEMAKING.

    The Administrator of General Services shall prescribe rules and 
procedures to carry out this Act.

SEC. 4. EFFECT ON OTHER LAWS.

    This Act supersedes Executive Order No. 12999 of April 17, 1996.

SEC. 5. RULE OF CONSTRUCTION.

    This Act may not be construed to create any right or benefit, 
substantive or procedural, enforceable at law by a party against the 
United States or its agencies, officers, or employees.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The term ``Federal agency'' means an Executive 
        department or an Executive agency (as such terms are defined in 
        chapter 1 of title 5, United States Code).
            (2) The term ``qualifying recipient'' means any of the 
        following:
                    (A) An educational recipient.
                    (B) A qualifying small town.
                    (C) A qualifying county.
                    (D) A library.
            (3) The term ``educational recipient'' means a school or a 
        community-based educational organization.
            (4) The term ``school'' includes a pre-kindergarten program 
        (as that term is used in the Elementary and Secondary Education 
        Act of 1965), an elementary school, a secondary school, and a 
        local educational agency (as those terms are defined in section 
        9101 of that Act.)
            (5) The term ``community based educational organization'' 
        means a nonprofit entity that--
                    (A) is engaged in collaborative projects with 
                schools or the primary focus of which is education; and
                    (B) qualifies as a nonprofit educational 
                institution or organization for purposes of section 
                549(c)(3) of title 40, United States Code.
            (6) The term ``qualifying small town'' means a political 
        subdivision with a population of not more than 24,999 
        individuals where 20 percent or more of the residents earn less 
        than the poverty threshold (as defined by the Bureau of the 
        Census).
            (7) The term ``qualifying county'' means a county where 20 
        percent or more of the residents earn less than the poverty 
        threshold (as defined by the Bureau of the Census).
            (8) The term ``useful Federal electronic equipment''--
                    (A) means--
                            (i) computers and related peripheral tools 
                        (such as computer printers, modems, routers, 
                        and servers), including telecommunications and 
                        research equipment;
                            (ii) fax machines; and
                            (iii) any other electronic equipment 
                        determined by a Federal agency to be 
                        potentially useful to a qualifying recipient; 
                        and
                    (B) includes computer software, where the transfer 
                of a license is permitted.
            (9) The term ``classroom-usable,'' with respect to useful 
        Federal electronic equipment, means such equipment that does 
        not require an upgrade of hardware or software in order to be 
        used by an educational recipient without being first 
        transferred under section 2(c) to a nonprofit refurbisher for 
        such an upgrade.
            (10) The term ``nonprofit refurbisher'' means an 
        organization that--
                    (A) is exempt from income taxes under section 
                501(c) of the Internal Revenue Code of 1986; and
                    (B) upgrades useful Federal electronic equipment 
                that is not yet classroom-usable at no cost or low cost 
                to the ultimate recipient school or community-based 
                educational organization.
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