I 
108TH CONGRESS 
1ST SESSION H. R. 2694
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 
JULY 10, 2003
Mr. FERGUSON (for himself, Mr. TOWNS, and Mr. SOUDER) 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 
549 of title 40, United States Code; 
(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;
(2) to assist teachers in schools in learning to 
use computers to teach; and 
(3) to assist in providing ongoing maintenance 
of, and technical support for, educationally useful 
Federal equipment transferred to educational recipi-
ents under this Act. 
SEC. 5. RULEMAKING. 
The Administrator of General Services shall prescribe 
rules and procedures to carry out this Act. 
SEC. 6. EFFECT ON OTHER LAWS. 
This Act supersedes Executive Order No. 12999 of 
April 17, 1996. 
SEC. 7. 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, its agencies, officers, 
or employees. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Federal agency’’ means an Exec-
utive 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 prekinder-
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 sec-
tion 9101 of that Act). 
(4) The term ‘‘community-based educational or-
ganization’’ 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 in-
stitution or organization for purposes of section 
549(c)(3) of title 40, United States Code. 
(5) The term ‘‘educationally useful Federal 
equipment’’ means computers and related peripheral 
tools (such as computer printers, modems, routers, 
and servers), including telecommunications and re-
search equipment, that are appropriate for use by an 
educational recipient. The term also includes com-
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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