Profiting from Access to Computer Technology (PACT) Act or the Child PACT Act - Directs each federal agency to: (1) safeguard and identify potential educationally useful federal equipment that it no longer needs or that has been declared surplus; and (2) transfer such equipment, either directly or through the General Services Administration (GSA), to educational recipients, military recipients, or nonprofit refurbishers.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1048 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1048
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 HOUSE OF REPRESENTATIVES
February 14, 2007
Mr. Ferguson introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives 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. DEFINITIONS.
In this Act:
(1) Classroom-usable.--The term ``classroom-usable'', with
respect to potential educationally useful Federal equipment,
means such equipment that does not require an upgrade of
hardware or software in order to be used by an educational
recipient or military family recipient without being first
transferred under section 4(d) to a nonprofit refurbisher for
such an upgrade.
(2) Community-based educational organization.--The term
``community-based educational organization'' 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
institution or organization for purposes of section
549(c)(3) of title 40, United States Code.
(3) Educational recipient.--The term ``educational
recipient'' means a school or a community-based educational
organization.
(4) Federal agency.--The term ``Federal agency'' means an
Executive agency as defined under section 105 of title 5,
United States Code.
(5) Military family recipient.--The term ``military family
recipient'' means a member of the immediate family of a member
of the Armed Forces who is deployed.
(6) Nonprofit refurbisher.--The term ``nonprofit
refurbisher'' means an organization that--
(A) is described under section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code; and
(B) upgrades potential educationally useful Federal
equipment that is not yet classroom-usable at no cost
or low cost to the ultimate educational recipient or
military family recipient.
(7) Potential educationally useful federal equipment.--The
term ``potential educationally useful Federal equipment''--
(A) means computers and related peripheral tools
(such as computer printers, modems, routers, and
servers), including telecommunications and research
equipment, that are appropriate for use by an
educational recipient or a military family recipient;
and
(B) includes computer software, if the transfer of
a license is permitted.
(8) School.--The term ``school'' includes a pre-
kindergarten program (as that term is used in the Elementary
and Secondary Education Act of 1965), an elementary school, a
secondary school, and a local educational agency (as those
terms are defined in section 9101 of that Act).
SEC. 3. PROTECTION OF POTENTIAL EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.
Each Federal agency shall, to the extent practicable, protect and
safeguard potential educationally useful Federal equipment that has
been determined to be surplus, so that such equipment may be
transferred under this Act.
SEC. 4. EFFICIENT TRANSFER OF POTENTIAL EDUCATIONALLY USEFUL FEDERAL
EQUIPMENT.
(a) Transfer of Equipment to GSA.--Each Federal agency, to the
extent permitted by law and where appropriate, shall--
(1) identify potential educationally useful Federal
equipment that the Federal agency no longer needs or such
equipment that has been declared surplus in accordance 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 National Institute of
Standards and Technology; Guidelines for Media Sanitization;
and
(3)(A) transfer the equipment to the Administrator of
General Services for transfer to educational recipients or
military family recipients; or
(B) transfer the equipment directly to--
(i) an educational recipient or a military family
recipient, through an arrangement made by the
Administrator of General Services under subsection (b);
or
(ii) a nonprofit refurbisher under subsection (d).
(b) Advance Reporting of Equipment to GSA.--Each Federal agency
shall report to the Administrator 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 educational recipients or military
family recipients.
(c) Preference.--In carrying out transfers to educational
recipients and military family recipients under this Act, the
Administrator of General Services shall, to the extent practicable,
give particular preference to educational recipients and military
family 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 Educationally Useful Equipment.--
Potential educationally useful Federal equipment that is not classroom-
usable shall be transferred initially to a nonprofit refurbisher for
upgrade before transfer to an educational recipient or military family
recipient. The refurbisher shall be responsible for proper disposal of
any equipment that cannot be successfully refurbished.
(e) Lowest Cost.--All transfers to educational recipients and
military family recipients 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 useful Federal equipment (including
nonclassroom-usable equipment) to educational recipients and military
family recipients by all practical means, including the Internet,
newspapers, nonprofit refurbishers and community announcements.
(g) Facilitation by Regional Federal Executive Boards.--The
regional Federal Executive Boards (as that term is used in part 960 of
title 5, Code of Federal Regulations) shall help facilitate the
transfer of potential educationally useful Federal equipment from the
agencies they represent to recipients eligible 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 or its agencies, officers, or employees.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Referred to the Subcommittee on Government Management, Organization, and Procurement.
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