[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Presidential Documents]
[Pages 17227-17229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9866]



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  Federal Register / Vol. 61, No. 77/ Friday, April 19, 1996 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 17227]]

                Executive Order 12999 of April 17, 1996

                
Educational Technology: Ensuring Opportunity for 
                All
                Children in the Next Century

                In order to ensure that American children have the 
                skills they need to succeed in the information-
                intensive 21st century, the Federal Government is 
                committed to working with the private sector to promote 
                four major developments in American education: making 
                modern computer technology an integral part of every 
                classroom; providing teachers with the professional 
                development they need to use new technologies 
                effectively; connecting classrooms to the National 
                Information 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 classrooms.

                Accordingly, by the authority vested in me as President 
                by the Constitution and the laws of the United States 
                of America, including the provisions of the Stevenson-
                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, and the National Defense Authorization Act for 
                Fiscal Year 1996, Public Law 104-106, 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 
                equipment can be used as is, separated into parts for 
                other computers, or upgraded--either by professional 
                technicians, students, or other recycling efforts--
                educationally useful Federal equipment is a valuable 
                tool for computer education. Therefore, to the extent 
                possible, all executive departments and agencies 
                (hereinafter referred 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 
                Federal Equipment to Schools and Nonprofit 
                Organizations. (a) To the extent permitted by law, all 
                agencies shall give highest preference to schools and 
                nonprofit organizations, including community-based 
                educational organizations, (``schools and nonprofit 
                organizations'') in the transfer, through gift or 
                donation, of educationally useful Federal equipment.

                    (b) Agencies shall attempt to give particular 
                preference to schools and nonprofit organizations 
                located in the Federal enterprise communities and 
                empowerment zones established in the Omnibus 
                Reconciliation Act of 1993, Public Law 103-66.
                    (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 
                Services 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). Agencies shall 
                report such equipment as far as possible

[[Page 17228]]

                in advance 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 
                agency 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 institution 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 
                organizations, whether made directly or through GSA, 
                shall be made at the lowest cost to the school or 
                nonprofit organization 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 
                Internet.
                    (g) The regional Federal Executive Boards shall 
                help facilitate the transfer of educationally useful 
                Federal equipment from the agencies they represent to 
                recipients eligible under this order.

                Sec. 3. Assisting Teachers' Professional Development: 
                Connecting Classrooms. (a) Each agency that has 
                employees who have computer expertise shall, to the 
                extent permitted by law and in accordance with the 
                guidelines of the Office of Personnel Management, 
                encourage 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
                      (3) provide ongoing maintenance of and technical 
                support for the educationally useful Federal equipment 
                transferred pursuant to this order.
                    (b) Each agency described in subsection (a) shall 
                submit to the Office of Science and Technology Policy, 
                within 6 months of the date of this order, an 
                implementation 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 Office 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, student, employee, or other designated 
                person in furtherance 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 
                collaborative 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.
                    (c) ``Educationally useful Federal equipment'' 
                means computers and related peripheral tools (e.g., 
                printers, modems, routers, and servers), including 
                telecommunications and research equipment, that are 
                appropriate for use in prekindergarten, elementary, 
                middle, or secondary 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 
                equipment at no or low cost to the school or nonprofit 
                organization 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.

[[Page 17229]]

                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 
                officers, or its employees.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 17, 1996.

[FR Doc. 96-9866
Filed 4-18-96; 8:45 am]
Billing code 3195-01-P