[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]
Presidential Documents
Federal Register / Vol. 61, No. 77/ Friday, April 19, 1996 /
Presidential Documents
___________________________________________________________________
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
