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 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 POTENTIAL EDUCATIONALLY USE-
FUL FEDERAL EQUIPMENT. 
Each Federal agency shall, to the extent practicable, 
protect and safeguard potential educationally useful Fed-
eral equipment that has been determined to be surplus, 
so that such equipment may be transferred under this Act. 
SEC. 3. EFFICIENT TRANSFER OF POTENTIAL EDUCATION-
ALLY 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 potential educationally useful Fed-
eral equipment that it no longer needs or such 
equipment that has been declared surplus in accord-
ance with section 549 of title 40, United States 
Code; 
(2) erase all hard drives and other information 
storage devices, before transfer under paragraph (3), 
in accordance with standards in effect under the Na-
tional Security Agency’s Information Assurance Di-
rectorate; 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 
potential 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 edu-
cational 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 POTENTIAL EDUCATION-
ALLY USEFUL EQUIPMENT.—Potential educationally use-
ful Federal equipment that is not classroom-usable shall 
be conveyed initially to a nonprofit refurbisher for upgrade 
before transfer to the educational recipient. The refur-
bisher shall be responsible for proper disposal of any 
equipment that cannot be successfully refurbished. 
(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 potential educationally use-
ful Federal equipment (including nonclassroom-usable 
equipment) to educational recipients by all practical 
means, including the Internet, newspapers, nonprofit re-
furbishers 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 po-
tential educationally useful Federal equipment from the 
agencies they represent to recipients eligible under this 
Act. 
SEC. 4. RULEMAKING. 
The Administrator of General Services shall prescribe 
rules and procedures to carry out this Act. 
SEC. 5. EFFECT ON OTHER LAWS. 
This Act supersedes Executive Order No. 12999 of 
April 17, 1996.
SEC. 6. 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 or its agencies, offi-
cers, or employees. 
SEC. 7. 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 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 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 ‘‘potential educationally useful 
Federal equipment’’ means computers and related 
peripheral 
tools 
(such 
as 
computer 
printers, 
modems, routers, and servers), including tele-
communications and research equipment, that are 
appropriate for use by an educational recipient. The 
term also includes computer software, where the 
transfer of a license is permitted. 
(6) The term ‘‘classroom-usable,’’ with respect 
to potential educationally useful Federal equipment, 
means such equipment that does not require an up-
grade of hardware or software in order to be used 
by an educational recipient without being first trans-
ferred 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 potential educationally useful 
Federal equipment that is not yet classroom-us-
able at no cost or low cost to the ultimate re-
cipient school or community-based educational 
organization.
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