II 

109TH CONGRESS 

2D SESSION S. 3455 

To establish a program to transfer surplus computers of Federal agencies 

to schools, nonprofit community-based educational organizations, and 

families of members of the Armed Forces who are deployed, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2006 

Mr. SANTORUM introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish a program to transfer surplus computers of 

Federal agencies to schools, nonprofit community-based 

educational organizations, and families of members of 

the Armed Forces who are deployed, 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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CLASSROOM-USABLE.—The term ‘‘class4 room-usable’’, with respect to potential educationally 

5 useful Federal equipment, means such equipment 

6 that does not require an upgrade of hardware or 

7 software in order to be used by an educational re8 cipient or military family recipient without being 

9 first transferred under section 4(d) to a nonprofit 

10 refurbisher for such an upgrade. 

11 (2) COMMUNITY-BASED EDUCATIONAL ORGANI12 ZATION.—The term ‘‘community-based educational 

13 organization’’ means a nonprofit entity that— 

14 (A) is engaged in collaborative projects 

15 with schools or the primary focus of which is 

16 education; and 

17 (B) qualifies as a nonprofit educational in18 stitution or organization for purposes of section 

19 549(c)(3) of title 40, United States Code. 

20 (3) EDUCATIONAL RECIPIENT.—The term 

21 ‘‘educational recipient’’ means a school or a commu22 nity-based educational organization. 

23 (4) FEDERAL AGENCY.—The term ‘‘Federal 

24 agency’’ means an Executive agency as defined 

25 under section 105 of title 5, United States Code. 


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1 (5) MILITARY FAMILY RECIPIENT.—The term 

2 ‘‘military family recipient’’ means a member of the 

3 immediate family of a member of the Armed Forces 

4 who is deployed. 

5 (6) NONPROFIT REFURBISHER.—The term 

6 ‘‘nonprofit refurbisher’’ means an organization 

7 that— 

8 (A) is described under section 501(c) of 

9 the Internal Revenue Code of 1986 and exempt 

10 from taxation under section 501(a) of such 

11 Code; and 

12 (B) upgrades potential educationally useful 

13 Federal equipment that is not yet classroom-us14 able at no cost or low cost to the ultimate edu15 cational recipient or military family recipient. 

16 (7) POTENTIAL EDUCATIONALLY USEFUL FED17 ERAL EQUIPMENT.—The term ‘‘potential education18 ally useful Federal equipment’’— 

19 (A) means computers and related periph20 eral tools (such as computer printers, modems, 

21 routers, and servers), including telecommuni22 cations and research equipment, that are appro23 priate for use by an educational recipient or a 

24 military family recipient; and 


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1 (B) includes computer software, if the 

2 transfer of a license is permitted. 

3 (8) SCHOOL.—The term ‘‘school’’ includes a 

4 pre-kindergarten program (as that term is used in 

5 the Elementary and Secondary Education Act of 

6 1965), an elementary school, a secondary school, 

7 and a local educational agency (as those terms are 

8 defined in section 9101 of that Act). 

9 SEC. 3. PROTECTION OF POTENTIAL EDUCATIONALLY USE10 FUL FEDERAL EQUIPMENT. 

11 Each Federal agency shall, to the extent practicable, 

12 protect and safeguard potential educationally useful Fed13 eral equipment that has been determined to be surplus, 

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

15 SEC. 4. EFFICIENT TRANSFER OF POTENTIAL EDUCATION16 ALLY USEFUL FEDERAL EQUIPMENT. 

17 (a) TRANSFER OF EQUIPMENT TO GSA.—Each Fed18 eral agency, to the extent permitted by law and where ap19 propriate, shall— 

20 (1) identify potential educationally useful Fed21 eral equipment that the Federal agency no longer 

22 needs or such equipment that has been declared sur23 plus in accordance with section 549 of title 40, 

24 United States Code; 


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1 (2) erase all hard drives and other information 

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

3 in accordance with standards in effect under the Na4 tional Institute of Standards and Technology; Guide5 lines for Media Sanitization; and 

6 (3)(A) transfer the equipment to the Adminis7 trator of General Services for transfer to educational 

8 recipients or military family recipients; or 

9 (B) transfer the equipment directly to— 

10 (i) an educational recipient or a military 

11 family recipient, through an arrangement made 

12 by the Administrator of General Services under 

13 subsection (b); or 

14 (ii) a nonprofit refurbisher under sub15 section (d). 

16 (b) ADVANCE REPORTING OF EQUIPMENT TO

17 GSA.—Each Federal agency shall report to the Adminis18 trator of General Services the anticipated availability of 

19 potential educationally useful Federal equipment as far as 

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

21 surplus, so that the Administrator may attempt to arrange 

22 for the direct transfer from the donating agency to edu23 cational recipients or military family recipients. 

24 (c) PREFERENCE.—In carrying out transfers to edu25 cational recipients and military family recipients under 


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1 this Act, the Administrator of General Services shall, to 

2 the extent practicable, give particular preference to edu3 cational recipients and military family recipients located 

4 in an enterprise community, empowerment zone, or re5 newal community designated under section 1391, 1400, 

6 or 1400E of the Internal Revenue Code of 1986. 

7 (d) REFURBISHMENT OF POTENTIAL EDUCATION8 ALLY USEFUL EQUIPMENT.—Potential educationally use9 ful Federal equipment that is not classroom-usable shall 

10 be transferred initially to a nonprofit refurbisher for up11 grade before transfer to an educational recipient or mili12 tary family recipient. The refurbisher shall be responsible 

13 for proper disposal of any equipment that cannot be suc14 cessfully refurbished. 

15 (e) LOWEST COST.—All transfers to educational re16 cipients and military family recipients shall be made at 

17 the lowest cost to the recipient permitted by law. 

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

19 Administrator of General Services shall provide notice of 

20 the anticipated availability of potential educationally use21 ful Federal equipment (including nonclassroom-usable 

22 equipment) to educational recipients and military family 

23 recipients by all practical means, including the Internet, 

24 newspapers, nonprofit refurbishers and community an25 nouncements. 


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1 (g) FACILITATION BY REGIONAL FEDERAL EXECU2 TIVE BOARDS.—The regional Federal Executive Boards 

3 (as that term is used in part 960 of title 5, Code of Fed4 eral Regulations) shall help facilitate the transfer of po5 tential educationally useful Federal equipment from the 

6 agencies they represent to recipients eligible under this 

7 Act. 

8 SEC. 5. RULEMAKING. 

9 The Administrator of General Services shall prescribe 

10 rules and procedures to carry out this Act. 

11 SEC. 6. EFFECT ON OTHER LAWS. 

12 This Act supersedes Executive Order No. 12999 of 

13 April 17, 1996. 

14 SEC. 7. RULE OF CONSTRUCTION. 

15 This Act may not be construed to create any right 

16 or benefit, substantive or procedural, enforceable at law 

17 by a party against the United States or its agencies, offi18 cers, or employees. 

Æ 


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