[Congressional Record (Bound Edition), Volume 154 (2008), Part 7]
[House]
[Pages 9634-9637]
[From the U.S. 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.

[[Page 9635]]

       (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 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.

[[Page 9636]]

  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 
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

[[Page 9637]]

     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.

                          ____________________