[Congressional Bills 110th Congress] [From the U.S. Government Publishing Office] [H.R. 752 Introduced in House (IH)] 110th CONGRESS 1st Session H. R. 752 To direct Federal agencies to donate excess and surplus Federal electronic equipment, including computers, computer components, printers, and fax machines, to qualifying small towns, counties, schools, nonprofit organizations, and libraries. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 31, 2007 Mr. Butterfield (for himself, Mr. Conyers, Ms. Lee, Mr. Honda, and Mr. Baca) introduced the following bill; which was referred to the Committee on Oversight and Government Reform _______________________________________________________________________ A BILL To direct Federal agencies to donate excess and surplus Federal electronic equipment, including computers, computer components, printers, and fax machines, to qualifying small towns, counties, schools, nonprofit organizations, and libraries. 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 2007''. SEC. 2. REQUIREMENT TO DONATE USEFUL FEDERAL ELECTRONIC EQUIPMENT TO QUALIFYING RECIPIENTS. (a) Transfer of Equipment to Qualifying Entities.--Each Federal agency shall identify useful Federal electronic equipment that the agency has determined is surplus property and-- (1) transfer such equipment to the Administrator of General Services for transfer for donation to a qualifying recipient in accordance with section 549 of title 40, United States Code; (2) transfer such equipment directly to a qualifying recipient, through an arrangement made by the Administrator of General Services under subsection (b); or (3) transfer such equipment directly to a qualifying recipient pursuant to section 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(i)) and in accordance with subsection (c). (b) Advance Reporting of Equipment to GSA.--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 surplus, so that the Administrator may attempt to arrange for the direct transfer from the donating agency to qualifying recipients. (c) Transfers Under Stevenson-Wydler.--With respect to any transfer described in subsection (a)(3), if the equipment is not classroom- usable, the equipment shall be conveyed initially to a nonprofit refurbisher for upgrade before transfer to the recipient. (d) Preference.--In transferring any equipment pursuant to this Act, the Administrator of General Services shall give the highest preference to qualifying recipients located in an enterprise community or empowerment zone designated under section 1391 or 1400 of the Internal Revenue Code of 1986. (e) Low Cost.--Any transfer made pursuant to this Act shall be made at the lowest cost to the qualifying recipient permitted by law. (f) Notice of Availability of Equipment.--The Administrator of General Services shall provide notice of the anticipated availability of useful Federal electronic equipment to qualifying recipients by all practicable means, including newspapers, community announcements, and the Internet. (g) 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 qualifying recipients under this Act. SEC. 3. RULEMAKING. The Administrator of General Services shall prescribe rules and procedures to carry out this Act. SEC. 4. EFFECT ON OTHER LAWS. This Act supersedes Executive Order No. 12999 of April 17, 1996. SEC. 5. 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. SEC. 6. DEFINITIONS. In this Act: (1) 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). (2) The term ``qualifying recipient'' means any of the following: (A) An educational recipient. (B) A qualifying small town. (C) A qualifying county. (D) A library. (3) The term ``educational recipient'' means a school or a community-based educational organization. (4) The term ``school'' includes a pre-kindergarten program (as that term is used in the Elementary and Secondary Education Act of 1965), an elementary school, a secondary school, and a local educational agency (as those terms are defined in section 9101 of that Act.) (5) The term ``community based educational organization'' means a nonprofit entity that-- (A) is engaged in collaborative projects with schools or the primary focus of which is education; and (B) qualifies as a nonprofit educational institution or organization for purposes of section 549(c)(3) of title 40, United States Code. (6) 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). (7) 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). (8) 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 a qualifying recipient; and (B) includes computer software, where the transfer of a license is permitted. (9) 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. (10) 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 recipient school or community-based educational organization. <all>