EO 12999
Effective Date: April 17, 1996

Responsible Office: Office of Human Resources and Education


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

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
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(j).  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
  (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 advancce 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 Service 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 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 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.

                         /s/William J. Clinton

April 17, 1996. 

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