[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3455 Introduced in Senate (IS)]








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.

    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.
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