EXECUTIVE ORDER 12999
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:
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.
- making modern computer technology an integral part of every
- providing teachers with the professional development they need
to use new technologies effectively;
- connecting classrooms to the National Information
- encouraging the creation of excellent educational software.
Accordingly, by 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:
WILLIAM J. CLINTON
- 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.
- Section 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 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.
- (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
- (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.
- (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.
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 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
- Section 3. Assisting Teachers' Professional Development: Connecting
- (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
- (2) assist teachers in learning to use computers to
- (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.
- Section 4. Definitions. For the purpose 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
- Section 5. This order shall supersede Executive Order No. 12821 of
November 16, 1992.
- Section 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.
THE WHITE HOUSE.
April 17, 1996