Federal Electronic Equipment Donation Act of 2019
This bill directs federal agencies to transfer excess federal electronic equipment, including computers and related peripheral tools, to educational recipients.
Each agency shall identify useful electronic equipment determined to be excess to the needs of the agency (excluding research equipment) and
Each agency shall report to the GSA the availability of useful federal electronic equipment as far as possible in advance. If the equipment is not classroom-usable, the transferring agency shall convey the equipment initially to a nonprofit refurbisher for upgrade before transfer.
The transferring agency shall (1) remove data using a means that does not render the equipment or components unusable, and (2) give the highest preference to educational recipients located in a persistent poverty county or other specified areas.
A state's plan for distributing donated federal equipment must give the highest preference for electronic equipment to institutions that are located in an enterprise community, an empowerment zone, or specified high poverty areas.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5495 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5495
To direct Federal agencies to transfer excess Federal electronic
equipment, including computers, computer components, printers, and fax
machines, to educational recipients, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2019
Mr. Butterfield (for himself and Mr. Meadows) introduced the following
bill; which was referred to the Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To direct Federal agencies to transfer excess Federal electronic
equipment, including computers, computer components, printers, and fax
machines, to educational recipients, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Electronic Equipment
Donation Act of 2019''.
SEC. 2. REQUIREMENT TO TRANSFER USEFUL FEDERAL ELECTRONIC EQUIPMENT TO
EDUCATIONAL RECIPIENTS.
(a) Transfer of Equipment to Educational Entities.--
(1) In general.--The head of each Federal agency shall
identify useful Federal electronic equipment that the head has
determined is excess to the needs of the Federal agency and--
(A) report such equipment to the Administrator of
General Services for processing for transfer to an
educational recipient in accordance with section 549 of
title 40, United States Code;
(B) transfer such equipment directly to an
educational recipient, through an arrangement made by
the Administrator of General Services under subsection
(b); or
(C) report such equipment to the Administrator of
General Services as excess property if transfer under
subparagraph (A) or (B) is not practicable.
(2) Management of nontransferable equipment.--For equipment
reported under paragraph (1)(C), the Administrator of General
Services shall manage the equipment in accordance with
subchapters II and III of chapter 5 of subtitle I of title 40,
United States Code.
(3) Exception.--Equipment transferred under section 11(i)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710(i)) is neither transferred pursuant to this Act nor
subject to the requirements of this Act.
(b) Advance Reporting of Equipment to GSA.--The head of each
Federal agency shall report to the Administrator of General Services
the availability of useful Federal electronic equipment as far as
possible in advance of the date the equipment is expected to become
excess to the needs of the Federal agency, so that the Administrator
may attempt to arrange for the direct transfer from the donating agency
to educational recipients.
(c) Use of Nonprofit Refurbishers.--In transferring any equipment
pursuant to this Act, at the request of the educational recipient and
if appropriate, if the equipment is not classroom-usable, the head of
the transferring agency shall convey the equipment initially to a
nonprofit refurbisher for upgrade before transfer to the educational
recipient.
(d) Removal of Data Before Transfer.--In transferring any equipment
pursuant to this Act, the head of the transferring agency shall remove
data from the equipment prior to transfer to the educational recipient
according to accepted sanitization procedures. To the maximum extent
practicable, the head of the transferring agency shall remove data
using a means that does not remove, disable, destroy, or otherwise
render unusable the equipment or components.
(e) Preference.--In transferring any equipment pursuant to this
Act, the head of the transferring agency shall give the highest
preference to educational recipients located in a persistent poverty
county, a qualified opportunity zone, an enterprise community, a
qualifying small town, or a qualifying county.
(f) Low Cost.--Any transfer made pursuant to this Act shall be made
at the lowest cost to the educational recipient permitted by law.
(g) Title.--Title of ownership of equipment transferred pursuant to
this Act shall transfer to the educational recipient receiving the
equipment.
(h) Notice of Availability of Equipment.--The Administrator of
General Services shall provide notice of the anticipated availability
of useful Federal electronic equipment to educational recipients by all
practicable means, including newspapers, community announcements, and
the internet.
(i) Facilitation by Regional Federal Executive Boards.--The
regional Federal Executive Boards (as that term is used in part 960 of
title 5, Code of Federal Regulations) shall help facilitate the
transfer of useful Federal electronic equipment from the agencies they
represent to educational recipients under this Act.
SEC. 3. PREFERENCE IN DONATION OF PERSONAL PROPERTY THROUGH STATE
AGENCIES.
Section 549(e)(3)(B) of title 40, United States Code, is amended--
(1) by striking ``The state plan'' and inserting the
following:
``(i) In general.--The state plan''; and
(2) by adding at the end the following new clause:
``(ii) Preference.--The state plan of
operation shall require the state agency to
give the highest preference for electronic
equipment to eligible institutions (as
described in subsection (c)(3)) that are
located in an enterprise community or
empowerment zone designated under section 1391
or 1400 of the Internal Revenue Code of 1986, a
political subdivision with a population of not
more than 24,999 individuals where 20 percent
or more of the residents earn less than the
poverty threshold (as defined by the Bureau of
the Census), or a county where 20 percent or
more of the residents earn less than poverty
threshold (as defined by the Bureau of the
Census).''.
SEC. 4. REPORT TO CONGRESS.
Not later than 18 months after the date of the enactment of this
Act, the Administrator of General Services shall submit to Congress a
report that contains the following:
(1) An inventory of items that Federal agencies identified
as useful Federal electronic equipment that the agency has
determined is excess to its needs in the first 365 days after
the date of the enactment of this Act.
(2) The number of such items that were--
(A) transferred to educational recipients pursuant
to this Act;
(B) transferred to other Federal agencies and
organizations pursuant to section 521 of title 40,
United States Code;
(C) transferred to State agencies pursuant to
section 549 of title 40, United States Code; or
(D) disposed of through other means.
(3) Recommendations for further legislation or
administrative action that the Administrator considers
appropriate to establish an effective system for transferring
excess useful Federal electronic equipment to educational
recipients.
SEC. 5. RULEMAKING.
Not later than 6 months after the date of the enactment of this
Act, the Administrator of General Services shall prescribe rules and
procedures to carry out this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Classroom-usable.--The term ``classroom-usable'', with
respect to useful Federal electronic equipment, means such
equipment that does not require an upgrade of hardware or
software in order to be used by an educational recipient
without being first transferred under section 2(c) to a
nonprofit refurbisher for such an upgrade.
(2) Community based educational organization.--The term
``community based educational organization'' means a nonprofit
entity that qualifies as a nonprofit educational institution or
organization for purposes of section 501(c)(3) of the Internal
Revenue Code of 1986 and--
(A) is engaged in collaborative projects, the
primary focus of which is education, with schools,
qualifying small towns, qualifying counties, or
libraries; or
(B) provides use of computers and internet access
to members of the community at no charge.
(3) Educational recipient.--The term ``educational
recipient'' means a school or a community-based educational
organization.
(4) Enterprise community.--The term ``enterprise
community'' has the meaning given that term in section 1391 of
the Internal Revenue Code of 1986 (26 U.S.C. 1391).
(5) Federal agency.--The term ``Federal agency'' means an
Executive department or an Executive agency (as such terms are
defined in chapter 1 of title 5, United States Code).
(6) Nonprofit refurbisher.--The term ``nonprofit
refurbisher'' means an organization that--
(A) is exempt from income taxes under section
501(c) of the Internal Revenue Code of 1986; and
(B) upgrades useful Federal electronic equipment
that is not yet classroom-usable at no cost or low cost
to the ultimate educational recipient.
(7) School.--The term ``school'' includes an early
childhood education program (as that term is defined in section
103 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), an elementary school, a secondary school, and a
local educational agency (as those terms are defined in section
8101 of that Act).
(8) Qualified opportunity zone.--The term ``qualified
opportunity zone'' has the meaning given that term under
section 1400Z-1 of the Internal Revenue Code of 1986 (26 U.S.C.
1400Z-1).
(9) Persistent poverty county.--The term ``persistent
poverty county'' means any county that has had 20 percent or
more of its population living in poverty over the past 30
years, as measured by the last three completed decennial
censuses, and the most recently available American Community
Survey 5 year average.
(10) Qualifying county.--The term ``qualifying county''
means a county where 20 percent or more of the residents earn
less than the poverty threshold (as defined by the Bureau of
the Census).
(11) Qualifying small town.--The term ``qualifying small
town'' means a political subdivision with a population of not
more than 24,999 individuals where 20 percent or more of the
residents earn less than the poverty threshold (as defined by
the Bureau of the Census).
(12) Useful federal electronic equipment.--The term
``useful Federal electronic equipment''--
(A) means--
(i) computers and related peripheral tools
(such as computer printers, modems, routers,
and servers), including telecommunications and
research equipment;
(ii) fax machines; and
(iii) any other electronic equipment
determined by a Federal agency to be
potentially useful to an educational recipient;
and
(B) includes computer software if the transfer of a
license is permitted.
SEC. 7. EFFECT ON OTHER LAWS; RULE OF CONSTRUCTION.
(a) Effect on Other Laws.--This Act supersedes Executive Order
12999 (61 Fed. Reg. 17227; relating to educational technology: ensuring
opportunity for all children in the next century).
(b) Rule of Construction.--This Act may not be construed to create
any right or benefit, substantive or procedural, enforceable at law by
a party against the United States or its agencies, officers, or
employees.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Reform.
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