EXECUTIVE ORDER #12999
EDUCATIONAL TECHNOLOGY: ENSURING
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
(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 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
(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
(1) help connect America's classrooms to the National Information
(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
(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
(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.
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.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 17, 1996.
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