IB 
Union Calendar No. 390 
110TH CONGRESS 
2D SESSION 
H. R. 752 
[Report No. 110–625] 
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 organiza-
tions, 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 Com-
mittee on Oversight and Government Reform 
MAY 8, 2008 
Additional sponsors: Mr. GRIJALVA, Ms. KILPATRICK, Mr. THOMPSON of Mis-
sissippi, Mr. YOUNG
of Alaska, Mr. STARK, Ms. WOOLSEY, Mr. 
CAPUANO, Ms. SCHAKOWSKY, Mr. JOHNSON of Georgia, Mr. CUELLAR, 
Mr. BISHOP of Georgia, Mr. JEFFERSON, Mr. SHULER, Mr. LEWIS of 
Georgia, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. BOYDA of Kan-
sas, Ms. JACKSON-LEE of Texas, Mr. FARR, Mr. MORAN of Virginia, Mr. 
ROSS, Mr. SHIMKUS, Mrs. CHRISTENSEN, Mr. RUSH, Mr. FATTAH, Mr. 
VAN HOLLEN, Mr. HINCHEY, Mr. MARSHALL, Mr. CARNAHAN, Mr. 
BRADY of Pennsylvania, Mr. KENNEDY, Mr. COHEN, Mr. JONES of North 
Carolina, Mrs. LOWEY, Mr. TOWNS, Mr. AL GREEN of Texas, Ms. 
MOORE of Wisconsin, Ms. LINDA T. SA´NCHEZ of California, Mr. 
LAMPSON, Mr. MCGOVERN, Mr. MEEKS of New York, Mr. LANTOS, Mr. 
REYES, Ms. NORTON, Ms. BORDALLO, Ms. CORRINE BROWN of Florida, 
Mr. SCOTT of Georgia, Mr. DAVIS of Illinois, Mr. SMITH of Washington, 
Mr. RUPPERSBERGER, Mr. MURPHY of Connecticut, Mr. HASTINGS of 
Florida, Mr. MELANCON, Mr. HIGGINS, Mr. HODES, Ms. SUTTON, Mr. 
HOLT, Mr. WATT, and Mr. BLUMENAUER 
MAY 8, 2008 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 31, 2007] 
A BILL 
To direct Federal agencies to donate excess and surplus 
Federal electronic equipment, including computers, com-
puter components, printers, and fax machines, to quali-
fying small towns, counties, schools, nonprofit organiza-
tions, and libraries. 
Be it enacted by the Senate and House of Representa-
tives 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 2008’’. 
SEC. 2. REQUIREMENT TO TRANSFER USEFUL FEDERAL 
ELECTRONIC EQUIPMENT TO EDUCATIONAL 
RECIPIENTS. 
(a) TRANSFER OF EQUIPMENT TO EDUCATIONAL EN-
TITIES.— 
(1) IN
GENERAL.—Each Federal agency shall 
identify useful Federal electronic equipment that the 
agency has determined is excess to its needs and— 
(A) report such equipment to the Adminis-
trator of General Services for processing for 
transfer to an educational recipient in accord-
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ance 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); 
(C) transfer such equipment directly to an 
educational recipient pursuant to section 11(i) of 
the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710(i)); or 
(D) report such equipment to the Adminis-
trator of General Services as excess property if 
transfer under subparagraphs (A) through (C) is 
not practicable. 
(2) MANAGEMENT OF NONTRANSFERABLE EQUIP-
MENT.—For equipment reported under paragraph 
(1)(D), the Administrator of General Services shall 
manage the equipment in accordance with sub-
chapters II and III of title 40, United States Code. 
(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 excess to its needs, so that 
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the Administrator may attempt to arrange for the direct 
transfer from the donating agency to educational recipients. 
(c) USE OF NONPROFIT REFURBISHERS.—In transfer-
ring any equipment pursuant to this Act, at the request 
of the educational recipient and if appropriate, if the equip-
ment is not classroom-usable, 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 trans-
ferring agency shall remove data from the equipment prior 
to transfer to the educational recipient according to accept-
ed sanitization procedures. To the maximum extent prac-
ticable, 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 transferring agency shall give the 
highest preference to educational recipients located in an 
enterprise community or empowerment zone designated 
under section 1391 or 1400 of the Internal Revenue Code 
of 1986, 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 re-
cipient permitted by law. 
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(g) TITLE.—Title of ownership of equipment trans-
ferred 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 Regula-
tions) shall help facilitate the transfer of useful Federal elec-
tronic equipment from the agencies they represent to edu-
cational 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 
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party against the United States or its agencies, officers, or 
employees. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Federal agency’’ means an Execu-
tive department or an Executive agency (as such 
terms are defined in chapter 1 of title 5, United 
States Code). 
(2) The term ‘‘educational recipient’’ means a 
school or a community-based educational organiza-
tion. 
(3) The term ‘‘school’’ includes a pre-kinder-
garten program (as that term is used in the Elemen-
tary and Secondary Education Act of 1965), an ele-
mentary school, a secondary school, and a local edu-
cational agency (as those terms are defined in section 
9101 of that Act.) 
(4) The term ‘‘community based educational or-
ganization’’ means a nonprofit entity that qualifies 
as a nonprofit educational institution or organization 
for purposes of section 501(c)(3) of the Internal Rev-
enue Code of 1986 and— 
(A) is engaged in collaborative projects, the 
primary focus of which is education, with 
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schools, qualifying small towns, qualifying coun-
ties, or libraries; or 
(B) provides use of computers and Internet 
access to members of the community at no 
charge. 
(5) 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). 
(6) The term ‘‘qualifying county’’ means a coun-
ty 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 ‘‘useful Federal electronic equip-
ment’’— 
(A) means— 
(i) computers and related peripheral 
tools (such as computer printers, modems, 
routers, 
and 
servers), 
including 
tele-
communications and research equipment; 
(ii) fax machines; and 
(iii) any other electronic equipment de-
termined by a Federal agency to be poten-
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tially useful to an educational recipient; 
and 
(B) includes computer software, where the 
transfer of a license is permitted. 
(8) The term ‘‘classroom-usable’’, with respect to 
useful Federal electronic equipment, means such 
equipment that does not require an upgrade of hard-
ware or software in order to be used by an edu-
cational recipient without being first transferred 
under section 2(c) to a nonprofit refurbisher for such 
an upgrade. 
(9) The term ‘‘nonprofit refurbisher’’ means an 
organization that— 
(A) is exempt from income taxes under sec-
tion 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 re-
cipient. 
SEC. 7. PREFERENCE IN DONATION OF PERSONAL PROP-
ERTY THROUGH STATE AGENCIES. 
Section 549(e)(3)(B) of title 40, United States Code, 
is amended— 
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(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 de-
scribed in subsection (c)(3)) that are located 
in an enterprise community or empower-
ment 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).’’. 
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SEC. 8. REPORT TO CONGRESS. 
(a) REPORT REQUIRED.—Not later than 18 months 
after the date of the enactment of this Act, the Adminis-
trator of General Services shall submit to Congress a report. 
(b) CONTENTS OF REPORT.—The report shall contain 
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 State Code; or 
(D) disposed of through other means. 
(3) Recommendations for further legislation or 
administrative action that the Administrator con-
siders appropriate to establish an effective system for 
transferring excess useful Federal electronic equip-
ment to educational recipients. 
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Amend the title so as to read: ‘‘A bill to direct Fed-
eral agencies to transfer excess Federal electronic equip-
ment, including computers, computer components, print-
ers, and fax machines, to educational recipients.’’. 
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Union Calendar No. 390 
110TH CONGRESS 
2D SESSION 
H. R. 752 
[Report No. 110–625] 
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. 
MAY 8, 2008 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
VerDate Aug 31 2005 
22:41 May 08, 2008
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