[Congressional Record Volume 154, Number 82 (Monday, May 19, 2008)]
[House]
[Pages H4089-H4091]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL ELECTRONIC EQUIPMENT DONATION ACT OF 2008
Ms. WATSON. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 752
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 2008''.
SEC. 2. REQUIREMENT TO TRANSFER USEFUL FEDERAL ELECTRONIC
EQUIPMENT TO EDUCATIONAL RECIPIENTS.
(a) Transfer of Equipment to Educational Entities.--
(1) In general.--Each Federal agency shall identify useful
Federal electronic equipment that the agency has determined
is excess to its needs and--
(A) report such equipment to the Administrator of General
Services for processing for transfer to an educational
recipient in accordance with section 549 of title 40, United
States Code;
(B) transfer such equipment directly to an educational
recipient, through an arrangement made by the Administrator
of General Services under subsection (b); or
(C) report such equipment to the Administrator of General
Services as excess property if transfer under subparagraph
(A) or (B) is not practicable.
(2) Management of nontransferable equipment.--For equipment
reported under paragraph (1)(C), the Administrator of General
Services shall manage the equipment in accordance with
subchapters II and III of title 40, United States Code.
(3) Exception.--Equipment transferred pursuant to section
11(i) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710(i) is neither transferred pursuant to
this Act nor subject to this Act's requirements.
(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 excess to its needs, so that the
Administrator may attempt to arrange for the direct transfer
from the donating agency to educational recipients.
(c) Use of Nonprofit Refurbishers.--In transferring any
equipment pursuant to this Act, at the request of the
educational recipient and if appropriate, if the equipment is
not classroom-usable, the transferring agency shall convey
the equipment initially to a nonprofit refurbisher for
upgrade before transfer to the educational recipient.
(d) Removal of Data Before Transfer.--In transferring any
equipment pursuant to this Act, the transferring agency shall
remove data from the equipment prior to transfer to the
educational recipient according to accepted sanitization
procedures. To the maximum extent practicable, the
transferring agency shall remove data using a means that does
not remove, disable, destroy, or otherwise render unusable
the equipment or components.
(e) Preference.--In transferring any equipment pursuant to
this Act, the transferring agency shall give the highest
preference to educational recipients located in an enterprise
community or empowerment zone designated under section 1391
or 1400 of the Internal Revenue Code of 1986, a qualifying
small town, or a qualifying county.
(f) Low Cost.--Any transfer made pursuant to this Act shall
be made at the lowest cost to the educational recipient
permitted by law.
(g) Title.--Title of ownership of equipment transferred
pursuant to this Act shall transfer to the educational
recipient receiving the equipment.
(h) Notice of Availability of Equipment.--The Administrator
of General Services shall provide notice of the anticipated
availability of useful Federal electronic equipment to
educational recipients by all practicable means, including
newspapers, community announcements, and the Internet.
(i) 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 educational
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 ``educational recipient'' means a school or a
community-based educational organization.
(3) 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.)
(4) The term ``community based educational organization''
means a nonprofit entity that qualifies as a nonprofit
educational institution or organization for purposes of
section 501(c)(3) of the Internal Revenue Code of 1986 and--
(A) is engaged in collaborative projects, the primary focus
of which is education, with schools, qualifying small towns,
qualifying counties, or libraries; or
(B) provides use of computers and Internet access to
members of the community at no charge.
(5) 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).
(6) 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).
(7) 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 an educational
recipient; and
(B) includes computer software, where the transfer of a
license is permitted.
(8) 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.
(9) 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 educational recipient.
SEC. 7. PREFERENCE IN DONATION OF PERSONAL PROPERTY THROUGH
STATE AGENCIES.
Section 549(e)(3)(B) of title 40, United States Code, is
amended--
(1) by striking ``The state plan'' and inserting the
following:
``(i) In general.--The state plan''; and
(2) by adding at the end the following new clause:
``(ii) Preference.--The state plan of operation shall
require the state agency to give the highest preference for
electronic equipment to eligible institutions (as described
in subsection (c)(3)) that are located in an enterprise
community or empowerment zone
[[Page H4090]]
designated under section 1391 or 1400 of the Internal Revenue
Code of 1986, 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), or a county where 20
percent or more of the residents earn less than poverty
threshold (as defined by the Bureau of the Census).''.
SEC. 8. REPORT TO CONGRESS.
(a) Report Required.--Not later than 18 months after the
date of the enactment of this Act, the Administrator of
General Services shall submit to Congress a report.
(b) Contents of Report.--The report shall contain the
following:
(1) An inventory of items that Federal agencies identified
as useful Federal electronic equipment that the agency has
determined is excess to its needs in the first 365 days after
the date of the enactment of this Act.
(2) The number of such items that were--
(A) transferred to educational recipients pursuant to this
Act;
(B) transferred to other Federal agencies and organizations
pursuant to section 521 of title 40, United States Code;
(C) transferred to State agencies pursuant to section 549
of title 40, United State Code; or
(D) disposed of through other means.
(3) Recommendations for further legislation or
administrative action that the Administrator considers
appropriate to establish an effective system for transferring
excess useful Federal electronic equipment to educational
recipients.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Watson) and the gentleman from California (Mr. Issa)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. WATSON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. WATSON. Mr. Speaker, I yield myself such time as I may consume.
As a member of the House Committee on Oversight and Government
Reform, I am pleased to present for consideration H.R. 752, the Federal
Electronic Equipment Donation Act, which will preserve an existing
executive order issued during the Clinton administration directing
Federal agencies to donate excess computer equipment to schools and
education nonprofits, particularly those located in high-need areas.
At this point, I would like to have my colleague, the Honorable G.K.
Butterfield, to have as much time as he will consume.
Mr. BUTTERFIELD. I want to thank the gentlelady for yielding the time
and thank her for her leadership on this committee, and certainly thank
her for her work on this bill. I also would like to thank Chairman
Towns, in his absence, for allowing this matter to come to the
committee and for his hard work not only on the committee, but here in
the Congress.
Mr. Speaker, in short, H.R. 752 codifies Executive Order 12999,
making many of the provisions permanent law, but also adds provisions
making this much-needed equipment far more accessible to poor and
underserved regions of our country.
The FEED Act, as we refer to it, would streamline the process for
donating excess and surplus electronic equipment to small cities and
towns and counties and school districts and libraries and community-
based educational nonprofit organizations.
This legislation gives preference to poorer communities, which often
have the greatest needs. This act would direct Federal agencies to
transfer excess equipment to the GSA for transfer to the qualifying
recipient at little or no cost.
The current system, Mr. Speaker, of acquiring Federal surplus
equipment is flawed. It is riddled with governmental redtape. Many
times it can take months or even years to receive requested equipment.
There was one such case in my district, which was actually the impetus
for the introduction of this bill, where GSA only began working on
fulfilling the request after direct congressional action. Citizens in
need of technology should be able to get it without bureaucratic
redtape, which only serves to discourage the applicant from pursuing
their goals.
Mr. Speaker, as you know, you and I both represent poor districts. I
represent the 15th poorest district in the Nation. If my recollection
is correct, you represent the poorest district in the Nation. And so we
certainly understand.
My constituents do not have access to the technology afforded to so
many. A small county, like Washington County in my district, which is
the fifth poorest county in my State, are home to towns like Roper,
North Carolina. With the county unemployment rate reaching nearly 8
percent, the visionary leadership of Mayor Estelle ``Bunny'' Sanders
has transformed Roper into a technology oasis with job creation and
training.
Roper, North Carolina, houses a technology center where citizens are
put to work refurbishing and updating and repairing electronic
equipment acquired through the process. They also receive training in
Web development, server management and computer maintenance. Without
the necessary excess and surplus electronic equipment with which to
work, the technology center and its trainees stand the risk of losing
years of hard work. Mayor Sanders has the patience and determination
required to navigate the murky waters of Federal excess and surplus
equipment, but most would not be that resilient.
Mr. Speaker, the Federal Government spends an enormous amount of the
taxpayers' money on technology. Last year, the U.S. Department of
Agriculture's budget included about $110 million in annual technology-
related costs. Once equipment becomes slightly outdated, it shouldn't
just sit idle while there are so many needy small communities and
schools and libraries that can still put it to good use.
Throughout the United States, many of our small towns and rural areas
lack the very basic technology that many of us take for granted. This
important legislation grants underprivileged communities across America
access to Federal excess and surplus computers, printers and audio/
visual and other technological equipment.
The bill, Mr. Speaker, is particularly important to communities in my
district, and will be an important tool in building the electronic
infrastructure for local governments, schools, libraries and
nonprofits. Many of the communities that I represent need every bit of
help they can get from this government, and hopefully this will free up
some resources that can be used to address other pressing needs.
I am proud to have offered this legislation that will directly impact
the lives of the underserved in this country. I would particularly like
to thank Mayor Sanders for her work and dedication, and Mr. John
Rosenthall, who has worked so hard with my staff for nearly 2 years in
seeing this bill to fruition.
Mr. Speaker, the current system is hurting the very people that it
was set up to help. This is a good bill. It is a good piece of
legislation that will help not only the people in Roper or in my
district, but help people all across the country, and we will all
benefit from it.
I urge my colleagues to vote ``aye'' on H.R. 752.
Mr. ISSA. Mr. Speaker, I rise in support of this legislation that
codifies the 1996 executive order of President Clinton that was issued
to promote the proper use of excess Federal computers and electronic
equipment to schools of our Nation.
I might want to clarify, because I know a lot of people hear us on
the House floor and they only know what they've heard. If you hear
``excess'' and ``surplus,'' you might think that, in fact, what we're
doing is simply overbuying and letting it sit in warehouses and then
giving it away. Virtually all of this equipment in the executive
branch, as in the legislative branch, are equipment that we have used
for 2, 3, 4 years. It is, in fact, past its prime for us, but very
usable by many other institutions.
So, Mr. Speaker, I would like to support this bill. I would like to
also make sure people understand that we're not just simply overbuying.
And the term ``excess'' or ``surplus'' doesn't by any means indicate
that we're not using America's dollars wisely, but rather, we're using
America's dollars again by making them available to people who can use
a slightly used computer, who don't need the latest version of Windows
and might not need the latest version of Pentium software. But, in
fact, this can help schools around America in poor neighborhoods and
[[Page H4091]]
even not so poor neighborhoods have a better opportunity and use their
hard-earned and hard-given dollars in other areas.
{time} 1415
So I support this resolution. I hope that the American public
understands that this is a great way of causing these products not to
go into landfills 3, 4, 5 years earlier than they otherwise would by
making them available to those who can use them.
Mr. Speaker, I reserve the balance of my time.
Ms. WATSON. Mr. Speaker, I yield 1 minute to the gentleman from North
Carolina (Mr. Butterfield).
Mr. BUTTERFIELD. I want to thank the gentlewoman for yielding.
Mr. Speaker, in my desire to get through my prepared remarks a moment
ago, I failed to recognize and thank the minority side for its work on
this bill.
I certainly appreciate you, Mr. Issa, and all that you have done on
the committee and particularly your staff. You've been very helpful.
Also, I want to go on record in support of your comments that is not
new equipment that's just sitting in a warehouse unused. It's equipment
that has outused its lifetime here on Capitol Hill and in other places
but certainly can be used by smaller communities. So I want to
associate myself with your remarks.
Ms. WATSON. Mr. Speaker, I want to thank the sponsor, Mr.
Butterfield, for his work on the bill, as well as the various Members
that helped to move this bill forward. We also got helpful input from
the Committee on Science and Technology.
Chairman Waxman and Chairman Gordon exchanged letters regarding
committee jurisdiction, and I will include these letters in the
Congressional Record.
House of Representatives, Committee on Science and
Technology,
Washington, DC, May 9, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the
jurisdictional interest of the Committee on Science and
Technology in H.R. 752, the Federal Electronic Equipment
Donation Act of 2007. The Committee on Science and Technology
has jurisdictional interest in this bill based on the
Committee's history of jurisdiction over the Stevenson-Wydler
Technology Transfer Act of 1980 (P.L. 96-480). The Committee
on Science and Technology was the sole House Committee of
jurisdiction over the Stevenson-Wydler Technology Transfer
Act of 1980 and has maintained jurisdiction over the law ever
since. H.R. 752 makes specific mention of the Stevenson-
Wydler Technology Transfer Act of 1980 and creates a program
with overlapping objectives to those found in that act.
The Committee on Science and Technology acknowledges the
importance of H.R. 752 and the need for the legislation to
move expeditiously. Therefore, while we have a valid claim to
jurisdiction over this bill, I agree not to request a
sequential referral. This, of course, is conditional on our
mutual understanding that nothing in this legislation or my
decision to forgo a sequential referral waives, reduces, or
otherwise affects the jurisdiction of the Committee on
Science and Technology, and that a copy of this letter and of
your response will be included in the Congressional Record
when the bill is considered on the House Floor.
The Committee on Science and Technology also expects that
you will support our request to be conferees during any
House-Senate conference on this, or any similar legislation.
Thank you for your attention to this matter.
Sincerely,
Bart Gordon,
Chairman.
____
Congress of the United States, Committee on Oversight and
Government Reform,
Washington, DC, May 9, 2008.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, Rayburn House
Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
752, the Federal Electronic Equipment Donation Act of 2008,
which the Committee on Oversight and Government Reform
reported, as amended, on April 9, 2008.
I appreciate your willingness to work cooperatively on this
legislation and I recognize that the bill, as reported,
contains provisions that fall within the jurisdiction of the
Committee on Science and Technology. I agree that your
inaction with respect to this bill does not prejudice the
Science and Technology Committee's interests and prerogatives
regarding this bill or similar legislation.
I will ensure that our exchange of letters is included in
the Congressional Record during consideration on the House
floor of H.R. 752.
Sincerely,
Henry A. Waxman,
Chairman.
Mr. Speaker, the bottom line is that the Federal Government spends a
lot of money on computers and we owe it to our taxpayers to get as much
use out of them as we can. H.R. 752 will help us do just that. And as
you just heard from the sponsor, these are pieces of equipment that no
longer are being used but they certainly have great use.
So I support this measure and urge my colleagues to do the same.
Mr. Speaker, I reserve the balance of my time.
Mr. ISSA. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Ms. WATSON. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Serrano). The question is on the motion
offered by the gentlewoman from California (Ms. Watson) that the House
suspend the rules and pass the bill, H.R. 752, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ISSA. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________