I 

109TH CONGRESS 

1ST SESSION H. R. 2521

To establish a program to transfer surplus computers of Federal agencies 

to schools and nonprofit community-based educational organizations, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2005

Mr. FERGUSON (for himself and Mr. TOWNS) introduced the following bill; 

which was referred to the Committee on Government Reform 

A BILL

To establish a program to transfer surplus computers of 

Federal agencies to schools and nonprofit communitybased educational organizations, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Profiting from Access 

5 to Computer Technology (PACT) Act’’ or the ‘‘Child 

6 PACT Act’’. 
2

•HR 2521 IH 

1 SEC. 2. PROTECTION OF POTENTIAL EDUCATIONALLY USE2 FUL FEDERAL EQUIPMENT. 

3 Each Federal agency shall, to the extent practicable, 

4 protect and safeguard potential educationally useful Fed5 eral equipment that has been determined to be surplus, 

6 so that such equipment may be transferred under this Act. 

7 SEC. 3. EFFICIENT TRANSFER OF POTENTIAL EDUCATION8 ALLY USEFUL FEDERAL EQUIPMENT. 

9 (a) TRANSFER OF EQUIPMENT TO GSA.—Each Fed10 eral agency, to the extent permitted by law and where ap11 propriate, shall—

12 (1) identify potential educationally useful Fed13 eral equipment that it no longer needs or such 

14 equipment that has been declared surplus in accord15 ance with section 549 of title 40, United States 

16 Code; 

17 (2) erase all hard drives and other information 

18 storage devices, before transfer under paragraph (3), 

19 in accordance with standards in effect under the Na20 tional Security Agency’s Information Assurance Di21 rectorate; and 

22 (3)(A) transfer the equipment to the Adminis23 trator of General Services for conveyance to edu24 cational recipients; or 

25 (B) transfer the equipment directly to—
3

•HR 2521 IH 

1 (i) an educational recipient, through an ar2 rangement made by the Administrator of Gen3 eral Services under subsection (b); or 

4 (ii) a nonprofit refurbisher under sub5 section (d). 

6 (b) ADVANCE REPORTING OF EQUIPMENT TO

7 GSA.—Each Federal agency shall report to the Adminis8 trator of General Services the anticipated availability of 

9 potential educationally useful Federal equipment as far as 

10 possible in advance of the date the equipment is to become 

11 surplus, so that the Administrator may attempt to arrange 

12 for the direct transfer from the donating agency to edu13 cational recipients. 

14 (c) PREFERENCE.—In carrying out conveyances to 

15 educational recipients under this Act, the Administrator 

16 of General Services shall, to the extent practicable, give 

17 particular preference to educational recipients located in 

18 an enterprise community, empowerment zone, or renewal 

19 community designated under section 1391, 1400, or 

20 1400E of the Internal Revenue Code of 1986. 

21 (d) REFURBISHMENT OF POTENTIAL EDUCATION22 ALLY USEFUL EQUIPMENT.—Potential educationally use23 ful Federal equipment that is not classroom-usable shall 

24 be conveyed initially to a nonprofit refurbisher for upgrade 

25 before transfer to the educational recipient. The refur-
4

•HR 2521 IH 

1 bisher shall be responsible for proper disposal of any 

2 equipment that cannot be successfully refurbished. 

3 (e) LOWEST COST.—All transfers to educational re4 cipients shall be made at the lowest cost to the recipient 

5 permitted by law. 

6 (f) NOTICE OF AVAILABILITY OF EQUIPMENT.—The 

7 Administrator of General Services shall provide notice of 

8 the anticipated availability of potential educationally use9 ful Federal equipment (including nonclassroom-usable 

10 equipment) to educational recipients by all practical 

11 means, including the Internet, newspapers, nonprofit re12 furbishers and community announcements. 

13 (g) FACILITATION BY REGIONAL FEDERAL EXECU14 TIVE BOARDS.—The regional Federal Executive Boards 

15 (as that term is used in part 960 of title 5, Code of Fed16 eral Regulations) shall help facilitate the transfer of po17 tential educationally useful Federal equipment from the 

18 agencies they represent to recipients eligible under this 

19 Act. 

20 SEC. 4. RULEMAKING. 

21 The Administrator of General Services shall prescribe 

22 rules and procedures to carry out this Act. 

23 SEC. 5. EFFECT ON OTHER LAWS. 

24 This Act supersedes Executive Order No. 12999 of 

25 April 17, 1996. 
5

•HR 2521 IH 

1 SEC. 6. RULE OF CONSTRUCTION. 

2 This Act may not be construed to create any right 

3 or benefit, substantive or procedural, enforceable at law 

4 by a party against the United States or its agencies, offi5 cers, or employees. 

6 SEC. 7. DEFINITIONS. 

7 In this Act: 

8 (1) The term ‘‘Federal agency’’ means an Exec9 utive department or an Executive agency (as such 

10 terms are defined in chapter 1 of title 5, United 

11 States Code). 

12 (2) The term ‘‘educational recipient’’ means a 

13 school or a community-based educational organiza14 tion. 

15 (3) The term ‘‘school’’ includes a pre-kinder16 garten program (as that term is used in the Elemen17 tary and Secondary Education Act of 1965), an ele18 mentary school, a secondary school, and a local edu19 cational agency (as those terms are defined in sec20 tion 9101 of that Act). 

21 (4) The term ‘‘community-based educational or22 ganization’’ means a nonprofit entity that—

23 (A) is engaged in collaborative projects 

24 with schools or the primary focus of which is 

25 education; and 
6

•HR 2521 IH 

1 (B) qualifies as a nonprofit educational in2 stitution or organization for purposes of section 

3 549(c)(3) of title 40, United States Code. 

4 (5) The term ‘‘potential educationally useful 

5 Federal equipment’’ means computers and related 

6 peripheral tools (such as computer printers, 

7 modems, routers, and servers), including tele8 communications and research equipment, that are 

9 appropriate for use by an educational recipient. The 

10 term also includes computer software, where the 

11 transfer of a license is permitted. 

12 (6) The term ‘‘classroom-usable,’’ with respect 

13 to potential educationally useful Federal equipment, 

14 means such equipment that does not require an up15 grade of hardware or software in order to be used 

16 by an educational recipient without being first trans17 ferred under section 3(d) to a nonprofit refurbisher 

18 for such an upgrade. 

19 (7) The term ‘‘nonprofit refurbisher’’ means an 

20 organization that—

21 (A) is exempt from income taxes under 

22 section 501(c) of the Internal Revenue Code of 

23 1986; and 

24 (B) upgrades potential educationally useful 

25 Federal equipment that is not yet classroom-us-
7

•HR 2521 IH 

1 able at no cost or low cost to the ultimate re2 cipient school or community-based educational 

3 organization.

Æ