ENSURING OPPORTUNITY FOR ALL CHILDREN IN THE NEXT CENTURY
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:
the authority vested in me as President by the Constitution and 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:
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
modern computer technology an integral part of every classroom;
teachers with the professional development they need to use
new technologies effectively;
classrooms to the National Information Infrastructure; and
the creation of excellent educational software.
THE WHITE HOUSE.
1. Protection of Educationally Useful Federal Equipment.
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.
2. Efficient Transfer of Educationally Useful Federal Equipment
to Schools and Nonprofit Organizations.
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.
Agencies shall attempt to give highest preference to schools
and nonprofit organizations, including community-based educational
organizations located in the Federal enterprise communities
and empowerment zones established in the Omnibus Reconciliation
Act of 1993, Public Law 103-66.
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
(1) conveying research equipment directly to the school
or organization pursuant to 15 U.S.C. 3701(i); or
(2) reporting excess equipment directly to the General
Service 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 this order.
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. 3701(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
to a nonprofit reuse or recycling program that will upgrade
it before transfer to the school or nonprofit organization
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
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.
The regional Federal Executive Boards shall help facilitate
the transfer of educationally useful Federal equipment from
the agencies they represent to recipients eligible under
3. Assisting Teachers' Professional Development: Connecting
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
(2) assist teachers in learning to use computers to
provide ongoing maintenance of and technical support
for the educationally useful Federal equipment transferred
pursuant to this order.
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.
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.
4. Definitions. For the purpose of this order:
"Schools" means individual public or private education institutions
encompassing prekindergarten through twelfth grade, as well
as public school districts.
"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.
"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
"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.
"Federal Executive Boards," as defined in 5 C.F.R. Part
960, are regional organizations of each Federal agency's
highest local officials.
5. This order shall supersede Executive Order No. 12821 of November
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 officer, or its employees.
WILLIAM J. CLINTON
April 17, 1996