I
107TH CONGRESS
2D SESSION
H. R. 4785
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 21, 2002
Mr. FERGUSON (for himself, Mr. SOUDER, Mr. LATOURETTE, Mr. SMITH of
New Jersey, and Mr. SAXTON) 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 community-
based educational organizations, and for other purposes.
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 ‘‘Profiting from Access
to Computer Technology (PACT) Act’’ or the ‘‘Child
PACT Act’’.
SEC. 2. PROTECTION OF EDUCATIONALLY USEFUL FED-
ERAL EQUIPMENT.
Each Federal agency shall, to the extent practicable,
protect and safeguard educationally useful Federal equip-
ment that has been determined to be surplus, so that such
equipment may be transferred under this Act.
SEC. 3. EFFICIENT TRANSFER OF EDUCATIONALLY USEFUL
FEDERAL EQUIPMENT.
(a) TRANSFER OF EQUIPMENT TO GSA.—Each Fed-
eral agency, to the extent permitted by law and where ap-
propriate, shall—
(1) identify educationally useful Federal equip-
ment that it no longer needs or such equipment that
has been declared surplus in accordance with section
203(j) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(j));
(2) erase any hard drive, before transfer under
paragraph (3), in accordance with standards in ef-
fect under the Department of Defense Industrial Se-
curity Program (Directive 5220.22 or successor au-
thority); and
(3)(A) transfer the equipment to the Adminis-
trator of General Services for conveyance to edu-
cational recipients; or
(B) transfer the equipment directly to—
(i) an educational recipient, through an ar-
rangement made by the Administrator of Gen-
eral Services under subsection (b); or
(ii) a nonprofit refurbisher under sub-
section (d).
(b) ADVANCE
REPORTING
OF
EQUIPMENT
TO
GSA.—Each Federal agency shall report to the Adminis-
trator of General Services the anticipated availability of
educationally useful Federal equipment as far as possible
in advance of the date the equipment is to become surplus,
so that the Administrator may attempt to arrange for the
direct transfer from the donating agency to educational
recipients.
(c) PREFERENCE.—In carrying out conveyances to
educational recipients under this Act, the Administrator
of General Services shall, to the extent practicable, give
particular preference to educational recipients located in
an enterprise community, empowerment zone, or renewal
community designated under section 1391, 1400, or
1400E of the Internal Revenue Code of 1986.
(d) REFURBISHMENT OF NON-CLASSROOM-USABLE
EQUIPMENT.—At the request of an educational recipient,
educationally useful Federal equipment that is not class-
room-usable shall be conveyed initially to a nonprofit re-
furbisher for upgrade before transfer to the educational
recipient.
(e) LOWEST COST.—All transfers to educational re-
cipients shall be made at the lowest cost to the recipient
permitted by law.
(f) NOTICE OF AVAILABILITY OF EQUIPMENT.—The
Administrator of General Services shall provide notice of
the anticipated availability of educationally useful Federal
equipment (including non-classroom-usable equipment) to
educational recipients by all practicable means, including
the Internet, newspapers, and community announcements.
(g) FACILITATION BY REGIONAL FEDERAL EXECU-
TIVE BOARDS.—The regional Federal Executive Boards
(as that term is used in part 960 of title 5, Code of Fed-
eral Regulations) shall help facilitate the transfer of edu-
cationally useful Federal equipment from the agencies
they represent to recipients eligible under this Act.
SEC. 4. AGENCY TECHNICAL ASSISTANCE.
Each Federal agency with employees who have com-
puter expertise shall, to the extent permitted by law and
in accordance with any guidelines prescribed by the Direc-
tor of the Office of Personnel Management, encourage
those employees—
(1) to help connect classrooms in schools to the
Nation’s information infrastructure;
puter software, where the transfer of a license is
permitted.
(6) The term ‘‘classroom-usable’’, with respect
to educationally useful Federal equipment, means
such equipment that does not require an upgrade of
hardware or software in order to be used by an edu-
cational recipient without being first transferred
under section 3(d) to a nonprofit refurbisher for
such an upgrade.
(7) 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 educationally useful Federal
equipment that is not classroom-usable at no
cost or low cost to the ultimate recipient school
or community-based educational organization.
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