II 109th CONGRESS 2d Session S. 3455 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.

1.

Short title

This Act may be cited as the Profiting from Access to Computer Technology (PACT) Act or the Child PACT Act.

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).

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.

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.

5.

Rulemaking

The Administrator of General Services shall prescribe rules and procedures to carry out this Act.

6.

Effect on other laws

This Act supersedes Executive Order No. 12999 of April 17, 1996.

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.