838
(3) STAFF.—An executive director and other
additional personnel for the United States-China Se-
curity Review Commission shall be appointed, com-
pensated, and terminated in the same manner pro-
vided for the appointment, compensation, and termi-
nation of the executive director and other personnel
of the Trade Deficit Review Commission under sec-
tion 127(g)(3) and section 127(g)(6) of the Trade
Deficit Review Commission Act.
(4) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
Federal Government employees may be detailed to
the United States-China Security Review Commis-
sion in the same manner provided for the detail of
Federal Government employees to the Trade Deficit
Review Commission under section 127(g)(4) of the
Trade Deficit Review Commission Act.
(5) FOREIGN
TRAVEL
FOR
OFFICIAL
PUR-
POSES.—Foreign travel for official purposes by
members and staff of the Commission may be au-
thorized by either the Chairman or the Vice Chair-
man of the Commission.
(6) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairman of the United
States-China Security Review Commission may pro-
cure temporary and intermittent services for the
839
United States-China Security Review Commission in
the same manner provided for the procurement of
temporary and intermittent services for the Trade
Deficit Review Commission under section 127(g)(5)
of the Trade Deficit Review Commission Act.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be
appropriated to the Commission for fiscal year 2001,
and for each fiscal year thereafter, such sums as
may be necessary to enable the Commission to carry
out its functions under this section.
(2) AVAILABILITY.—Amounts appropriated to
the Commission shall remain available until ex-
pended.
(g) FEDERAL ADVISORY COMMITTEE ACT.—The pro-
visions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Commission.
(h) EFFECTIVE DATE.—This section shall take effect
on the first day of the 107th Congress.
TITLE 
XIII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF THE FORMER SO-
VIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional weapons.
Sec. 1304. Limitations on use of funds for fissile material storage facility.
840
Sec. 1305. Limitation on use of funds to support warhead dismantlement proc-
essing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil fuel energy
plants; report.
Sec. 1308. Reports on activities and assistance under Cooperative Threat Re-
duction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons grade pluto-
nium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Co-
operative Threat Reduction programs are the programs
specified in section 1501(b) of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2001 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the
term ‘‘fiscal year 2001 Cooperative Threat Reduction
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated
pursuant to the authorization of appropriations in section
301 for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.
841
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the
$443,400,000 authorized to be appropriated to the De-
partment of Defense for fiscal year 2001 in section
301(23) for Cooperative Threat Reduction programs, not
more than the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination in
Russia, $177,800,000.
(2) For strategic nuclear arms elimination in
Ukraine, $29,100,000.
(3) For activities to support warhead dismantle-
ment processing in Russia, $9,300,000.
(4) For weapons transportation security in Rus-
sia, $14,000,000.
(5) For planning, design, and construction of a
storage 
facility 
for 
Russian 
fissile 
material,
$57,400,000.
(6) For weapons storage security in Russia,
$89,700,000.
(7) For development of a cooperative program
with the Government of Russia to eliminate the pro-
duction of weapons grade plutonium at Russian re-
actors, $32,100,000.
842
(8) For biological weapons proliferation preven-
tion 
activities 
in 
the 
former 
Soviet 
Union,
$12,000,000.
(9) For activities designated as Other Assess-
ments/Administrative Support, $13,000,000.
(10) 
For 
defense 
and 
military 
contacts,
$9,000,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR OTHER PURPOSES.—No fiscal year 2001 Co-
operative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (10) of subsection (a) until 30 days
after the date that the Secretary of Defense submits to
Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expend-
iture of fiscal year 2001 Cooperative Threat Reduction
funds for a purpose for which the obligation or expendi-
ture of such funds is specifically prohibited under this title
or any other provision of law.
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the Sec-
843
retary may obligate amounts appropriated for fiscal year
2001 for a purpose listed in any of the paragraphs in sub-
section (a) in excess of the amount specifically authorized
for such purpose.
(2) An obligation of funds for a purpose stated in
any of the paragraphs in subsection (a) in excess of the
specific amount authorized for such purpose may be made
using the authority provided in paragraph (1) only after—
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for the purposes
stated in any of paragraphs (4), (5), (7), (9), or (10) of
subsection (a) in excess of 115 percent of the amount spe-
cifically authorized for such purposes.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMI-
NATION OF CONVENTIONAL WEAPONS.
No fiscal year 2001 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat
Reduction programs for any other fiscal year, may be obli-
gated or expended for elimination of conventional weapons
844
or the delivery vehicles primarily intended to deliver such
weapons.
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE
MATERIAL STORAGE FACILITY.
(a) LIMITATIONS.—No fiscal year 2001 Cooperative
Threat Reduction funds may be used—
(1) for construction of a second wing for the
storage facility for Russian fissile material referred
to in section 1302(a)(5); or
(2) for design or planning with respect to such
facility until 15 days after the date that the Sec-
retary of Defense submits to Congress notification
that Russia and the United States have signed a
written transparency agreement that provides for
verification that material stored at the facility is of
weapons origin.
(b) ESTABLISHMENT OF FUNDING CAP FOR FIRST
WING OF STORAGE FACILITY.—Out of funds authorized
to be appropriated for Cooperative Threat Reduction pro-
grams for fiscal year 2001 or any other fiscal year, not
more than $412,600,000 may be used for planning, de-
sign, or construction of the first wing for the storage facil-
ity for Russian fissile material referred to in section
1302(a)(5).
845
SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT
WARHEAD DISMANTLEMENT PROCESSING.
No fiscal year 2001 Cooperative Threat Reduction
funds may be used for activities to support warhead dis-
mantlement processing in Russia until 15 days after the
date that the Secretary of Defense submits to Congress
notification that the United States has reached an agree-
ment with Russia, which shall provide for appropriate
transparency measures, regarding assistance by the
United States with respect to such processing.
SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE
SITES.
The Secretary of Defense shall seek to enter into an
agreement with Russia regarding procedures to allow the
United States appropriate access to nuclear weapons stor-
age sites for which assistance under Cooperative Threat
Reduction programs is provided.
SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUC-
TION OF FOSSIL FUEL ENERGY PLANTS; RE-
PORT.
(a) IN GENERAL.—No fiscal year 2001 Cooperative
Threat Reduction funds may be used for the construction
of a fossil fuel energy plant intended to provide power to
local communities that already receive power from nuclear
energy plants that produce plutonium.
846
(b) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the President shall submit
to Congress a report detailing options for assisting Russia
in the development of alternative energy sources to the
three plutonium production reactors remaining in oper-
ation in Russia. The report shall include—
(1) an assessment of the costs of building fossil
fuel plants in Russia to replace the existing pluto-
nium production reactors; and
(2) an identification of funding sources, other
than Cooperative Threat Reduction funds, that could
possibly be used for the construction of such plants
in the event that the option to use fossil fuel energy
is chosen as part of a plan to shut down Russia’s
nuclear plutonium production reactors at Seversk
and Zelenogorsk.
SEC. 1308. REPORTS ON ACTIVITIES AND ASSISTANCE
UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) ANNUAL REPORT.—In any year in which the
budget of the President under section 1105 of title 31,
United States Code, for the fiscal year beginning in such
year requests funds for the Department of Defense for as-
sistance or activities under Cooperative Threat Reduction
programs with the states of the former Soviet Union, the
847
Secretary of Defense shall submit to Congress a report
on activities and assistance during the preceding fiscal
year under Cooperative Threat Reduction programs set-
ting forth the matters in subsection (c).
(b) DEADLINE FOR REPORT.—The report under sub-
section (a) shall be submitted not later than the first Mon-
day in February of a year.
(c) MATTERS TO BE INCLUDED.—The report under
subsection (a) in a year shall set forth the following:
(1) An estimate of the total amount that will be
required to be expended by the United States in
order to achieve the objectives of the Cooperative
Threat Reduction programs.
(2) A five-year plan setting forth the amount of
funds and other resources proposed to be provided
by the United States for Cooperative Threat Reduc-
tion programs over the term of the plan, including
the purpose for which such funds and resources will
be used, and to provide guidance for the preparation
of annual budget submissions with respect to Coop-
erative Threat Reduction programs.
(3) A description of the Cooperative Threat Re-
duction activities carried out during the fiscal year
ending in the year preceding the year of the report,
including—
848
(A) the amounts notified, obligated, and
expended for such activities and the purposes
for which such amounts were notified, obli-
gated, and expended for such fiscal year and
cumulatively for Cooperative Threat Reduction
programs;
(B) a description of the participation, if
any, of each department and agency of the
United States Government in such activities;
(C) a description of such activities, includ-
ing the forms of assistance provided;
(D) a description of the United States pri-
vate sector participation in the portion of such
activities that were supported by the obligation
and expenditure of funds for Cooperative
Threat Reduction programs; and
(E) such other information as the Sec-
retary of Defense considers appropriate to in-
form Congress fully of the operation of Cooper-
ative Threat Reduction programs and activities,
including with respect to proposed demilitariza-
tion or conversion projects, information on the
progress toward demilitarization of facilities
and the conversion of the demilitarized facilities
to civilian activities.
849
(4) A description of the audits, examinations,
and other efforts, such as on-site inspections, con-
ducted by the United States during the fiscal year
ending in the year preceding the year of the report
to ensure that assistance provided under Cooperative
Threat Reduction programs is fully accounted for
and that such assistance is being used for its in-
tended purpose, including—
(A) if such assistance consisted of equip-
ment, a description of the current location of
such equipment and the current condition of
such equipment;
(B) if such assistance consisted of con-
tracts or other services, a description of the sta-
tus of such contracts or services and the meth-
ods used to ensure that such contracts and
services are being used for their intended pur-
pose;
(C) a determination whether the assistance
described in subparagraphs (A) and (B) has
been used for its intended purpose; and
(D) a description of the audits, examina-
tions, and other efforts planned to be carried
out during the fiscal year beginning in the year
of the report to ensure that Cooperative Threat
850
Reduction assistance provided during such fis-
cal year is fully accounted for and is used for
its intended purpose.
(5) A current description of the tactical nuclear
weapons arsenal of Russia, including—
(A) an estimate of the current types, num-
bers, yields, viability, locations, and deployment
status of the nuclear warheads in that arsenal;
(B) an assessment of the strategic rel-
evance of such warheads;
(C) an assessment of the current and pro-
jected threat of theft, sale, or unauthorized use
of such warheads; and
(D) a summary of past, current, and
planned United States efforts to work coopera-
tively with Russia to account for, secure, and
reduce Russia’s stockpile of tactical nuclear
warheads and associated fissile materials.
(d) INPUT OF DCI.—The Director of Central Intel-
ligence shall submit to the Secretary of Defense the views
of the Director on any matters covered by subsection
(c)(5) in a report under subsection (a). Such views shall
be included in such report as a classified annex to such
report.
851
(e) COMPTROLLER
GENERAL
ASSESSMENT.—Not
later than 90 days after the date on which a report is
submitted to Congress under subsection (a), the Comp-
troller General shall submit to Congress a report setting
forth the Comptroller General’s assessment of the infor-
mation described in paragraphs (2) and (4) of subsection
(c).
(f) FIRST REPORT.—The first report submitted
under subsection (a) shall be submitted in 2001.
(g) REPEAL OF SUPERSEDED REPORTING REQUIRE-
MENTS.—(1) The following provisions of law are repealed:
(A) Section 1207 of the Cooperative Threat Re-
duction Act of 1994 (title XII of Public Law 103–
160; 107 Stat. 1782; 22 U.S.C. 5956), relating to
semiannual reports on Cooperative Threat Reduc-
tion.
(B) Section 1203 of the National Defense Au-
thorization Act for Fiscal Year 1995 (Public Law
103–337; 108 Stat. 2882), relating to a report ac-
counting for United States assistance for Coopera-
tive Threat Reduction.
(C) Section 1206 of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law
104–106; 22 U.S.C. 5955 note), relating to account-
852
ing for United States assistance for Cooperative
Threat Reduction.
(D) Section 1307 of the National Defense Au-
thorization Act for Fiscal Year 2000 (Public Law
106–65; 113 Stat. 795), relating to a limitation on
use of funds for Cooperative Threat Reduction pend-
ing submittal of a multiyear plan.
(2) Effective on the date the Secretary of Defense
submits to Congress an updated version of the multiyear
plan for fiscal year 2001 as described in subsection (h),
section 1205 of the National Defense Authorization Act
for Fiscal Year 1995 (108 Stat. 2883; 10 U.S.C. 5952
note), relating to multiyear planning and Allied support
for Cooperative Threat Reduction, is repealed.
(3) Section 1312 of the National Defense Authoriza-
tion Act for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C.
5955 note), relating to Russian nonstrategic nuclear arms,
is amended—
(A) by striking ‘‘(a) SENSE OF CONGRESS.—’’;
and
(B) by striking subsections (b) and (c).
(h) LIMITATION ON USE OF FUNDS UNTIL SUBMIS-
SION OF MULTIYEAR PLAN.—Not more than 10 percent
of fiscal year 2001 Cooperative Threat Reduction funds
may be obligated or expended until the Secretary of De-
853
fense submits to Congress an updated version of the
multiyear plan for fiscal year 2001 required to be sub-
mitted under section 1205 of the National Defense Au-
thorization Act for Fiscal Year 1995 (Public Law 103–
337; 22 U.S.C. 5952 note).
(i) REPORT ON RUSSIAN NONSTRATEGIC NUCLEAR
ARMS.—Not later than 30 days after the date of the en-
actment of this Act, the Secretary of Defense shall submit
to Congress a report on the following regarding Russia’s
arsenal of tactical nuclear warheads:
(1) Estimates regarding current types, num-
bers, yields, viability, locations, and deployment sta-
tus of the warheads.
(2) An assessment of the strategic relevance of
the warheads.
(3) An assessment of the current and projected
threat of theft, sale, or unauthorized use of the war-
heads.
(4) A summary of past, current, and planned
United States efforts to work cooperatively with
Russia to account for, secure, and reduce Russia’s
stockpile of tactical nuclear warheads and associated
fissile material.
854
SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the international community should, when prac-
ticable, assist Russia in eliminating its chemical weapons
stockpile in accordance with Russia’s obligations under the
Chemical Weapons Convention, and that the level of such
assistance should be based on—
(1) full and accurate disclosure by Russia of the
size of its existing chemical weapons stockpile;
(2) a demonstrated annual commitment by Rus-
sia to allocate at least $25,000,000 to chemical
weapons elimination;
(3) development by Russia of a practical plan
for destroying its stockpile of nerve agents;
(4) enactment of a law by Russia that provides
for the elimination of all nerve agents at a single
site; and
(5) an agreement by Russia to destroy its
chemical weapons production facilities at Volgograd
and Novocheboksark.
(b) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report that
identifies—
855
(1) the amount spent by Russia for chemical
weapons elimination during fiscal year 2000;
(2) the specific assistance being provided to
Russia by the international community for the safe
storage and elimination of Russia’s stockpile of
nerve agents, including those nerve agents located at
the Shchuch’ye depot;
(3) the countries providing the assistance iden-
tified in paragraph (2); and
(4) the value of the assistance that the inter-
national community has already provided and has
committed to provide in future years for the purpose
described in paragraph (2).
(c) CHEMICAL WEAPONS CONVENTION DEFINED.—
In this section, the term ‘‘Chemical Weapons Convention’’
means the Convention on the Prohibition of the Develop-
ment, Production, Stockpiling and Use of Chemical Weap-
ons and on Their Destruction, opened for signature on
January 13, 1993.
SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMI-
NATION OF WEAPONS GRADE PLUTONIUM
PROGRAM.
Of the amounts authorized to be appropriated by this
Act for fiscal year 2001 for the Elimination of Weapons
Grade Plutonium Program, not more than 50 percent of
856
such amounts may be obligated or expended for the pro-
gram in fiscal year 2001 until 30 days after the date on
which the Secretary of Defense submits to the Committees
on Armed Services of the Senate and House of Represent-
atives a report on an agreement between the United States
Government and the Government of the Russian Federa-
tion regarding a new option selected for the shut down
or conversion of the reactors of the Russian Federation
that produce weapons grade plutonium, including—
(1) the new date on which such reactors will
cease production of weapons grade plutonium under
such agreement by reason of the shut down or con-
version of such reactors; and
(2) any cost-sharing arrangements between the
United States Government and the Government of
the Russian Federation in undertaking activities
under such agreement.
SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT
REDUCTION PROGRAMS.
Not later than March 31, 2001, the Comptroller Gen-
eral shall submit to Congress a report examining the pro-
cedures and mechanisms with respect to audits by the De-
partment of Defense of the use of funds for Cooperative
Threat Reduction programs. The report shall examine the
following:
857
(1) Whether the audits being conducted by the
Department of Defense are producing necessary in-
formation regarding whether assistance under such
programs, including equipment provided and services
furnished, is being used as intended.
(2) Whether the audit procedures of the De-
partment of Defense are adequate, including wheth-
er random samplings are used.
TITLE XIV—COMMISSION TO AS-
SESS THE THREAT TO THE
UNITED STATES FROM ELEC-
TROMAGNETIC PULSE (EMP)
ATTACK
Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Reports.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.
SEC. 1401. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘Commission to Assess
the Threat to the United States from Electromagnetic
Pulse Attack’’ (hereinafter in this title referred to as the
‘‘Commission’’).
(b) COMPOSITION.—The Commission shall be com-
posed of nine members. Seven of the members shall be
858
appointed by the Secretary of Defense and two of the
members shall be appointed by the Director of the Federal
Emergency Management Agency. In selecting individuals
for appointment to the Commission, the Secretary of De-
fense shall consult with the chairmen and ranking minor-
ity members of the Committees on Armed Services of the
Senate and House of Representatives.
(c) QUALIFICATIONS.—Members of the Commission
shall be appointed from among private United States citi-
zens with knowledge and expertise in the scientific, tech-
nical, and military aspects of electromagnetic pulse (here-
inafter in this title referred to as ‘‘EMP’’) effects resulting
from the detonation of a nuclear weapon or weapons at
high altitude, sometimes referred to as high-altitude elec-
tromagnetic pulse effects (HEMP).
(d) CHAIRMAN OF COMMISSION.—The Secretary of
Defense shall designate one of the members of the Com-
mission to serve as chairman of the Commission.
(e) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any
vacancy in the Commission shall be filled in the same man-
ner as the original appointment.
(f) SECURITY CLEARANCES.—All members of the
Commission shall hold appropriate security clearances.
859
(g) INITIAL ORGANIZATION REQUIREMENTS.—All
appointments to the Commission shall be made not later
than 90 days after the date of the enactment of this Act.
The Commission shall convene its first meeting not later
than 60 days after the date as of which all members of
the Commission have been appointed.
SEC. 1402. DUTIES OF COMMISSION.
(a) REVIEW OF EMP THREAT.—The Commission
shall assess—
(1) the nature and magnitude of potential high-
altitude EMP threats to the United States from all
potentially hostile states or non-state actors that
have or could acquire nuclear weapons and ballistic
missiles enabling them to perform a high-altitude
EMP attack against the United States within the
next 15 years;
(2) the vulnerability of United States military
and especially civilian systems to an EMP attack,
giving special attention to vulnerability of the civil-
ian infrastructure as a matter of emergency pre-
paredness;
(3) the capability of the United States to repair
and recover from damage inflicted on United States
military and civilian systems by an EMP attack; and
860
(4) the feasibility and cost of hardening select
military and civilian systems against EMP attack.
(b) RECOMMENDATION.—The Commission shall rec-
ommend any steps it believes should be taken by the
United States to better protect its military and civilian
systems from EMP attack.
(c) 
COOPERATION
FROM
GOVERNMENT
OFFI-
CIALS.—In carrying out its duties, the Commission should
receive the full and timely cooperation of the Secretary
of Defense, the Director of the Federal Emergency Man-
agement Agency, and any other United States Govern-
ment official serving in the Department of Defense or
Armed Forces in providing the Commission with analyses,
briefings, and other information necessary for the fulfill-
ment of its responsibilities.
SEC. 1403. REPORTS.
(a) COMMISSION REPORT.—The Commission shall,
not later than one year after the date of its first meeting,
submit to Congress, the Secretary of Defense, and the Di-
rector of the Federal Emergency Management Agency a
report on the Commission’s findings and conclusions.
(b) SECRETARY OF DEFENSE REPORT.—Not later
than one year after the date of the Commission’s report
under subsection (a), the Secretary of Defense shall sub-
mit to Congress a report—
861
(1) commenting on the Commission’s findings
and conclusions;
(2) describing political-military scenarios that
could possibly lead to an EMP attack against the
United States;
(3) evaluating the relative likelihood of an EMP
attack against the United States compared to other
threats involving nuclear weapons; and
(4) explaining what actions, if any, the Sec-
retary intends to take to implement the rec-
ommendations of the Commission and the Sec-
retary’s reasons for doing so.
SEC. 1404. POWERS.
(a) HEARINGS.—The Commission or, at its direction,
any panel or member of the Commission, may, for the pur-
pose of carrying out the provisions of this title, hold hear-
ings, take testimony, receive evidence, and administer
oaths to the extent that the Commission or any panel or
member considers advisable.
(b) INFORMATION.—The Commission may secure di-
rectly from the Department of Defense, the Central Intel-
ligence Agency, and any other Federal department or
agency information that the Commission considers nec-
essary to enable the Commission to carry out its respon-
sibilities under this title.
862
SEC. 1405. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet at the
call of the Chairman.
(b) QUORUM.—(1) Five members of the Commission
shall constitute a quorum other than for the purpose of
holding hearings.
(2) The Commission shall act by resolution agreed
to by a majority of the members of the Commission.
(c) COMMISSION.—The Commission may establish
panels composed of less than full membership of the Com-
mission for the purpose of carrying out the Commission’s
duties. The actions of each such panel shall be subject to
the review and control of the Commission. Any findings
and determinations made by such a panel shall not be con-
sidered the findings and determinations of the Commis-
sion unless approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM-
MISSION.—Any agent or member of the Commission may,
if authorized by the Commission, take any action which
the Commission is authorized to take under this title.
SEC. 1406. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members of the Commission
shall serve without pay by reason of their work on the
Commission.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
863
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of services
for the Commission.
(c) STAFF.—(1) The chairman of the Commission
may, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, appoint a staff director and such additional per-
sonnel as may be necessary to enable the Commission to
perform its duties. The appointment of a staff director
shall be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay
of the staff director and other personnel without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of title 5, United States Code, relating to classifica-
tion of positions and General Schedule pay rates, except
that the rate of pay fixed under this paragraph for the
staff director may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such
title and the rate of pay for other personnel may not ex-
ceed the maximum rate payable for grade GS–15 of the
General Schedule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon
request of the chairman of the Commission, the head of
864
any Federal department or agency may detail, on a non-
reimbursable basis, any personnel of that department or
agency to the Commission to assist it in carrying out its
duties.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The chairman of the Commission may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive
Schedule under section 5316 of such title.
SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) POSTAL AND PRINTING SERVICES.—The Com-
mission may use the United States mails and obtain print-
ing and binding services in the same manner and under
the same conditions as other departments and agencies of
the Federal Government.
(b) MISCELLANEOUS ADMINISTRATIVE
AND SUP-
PORT SERVICES.—The Secretary of Defense shall furnish
the Commission, on a reimbursable basis, any administra-
tive and support services requested by the Commission.
SEC. 1408. FUNDING.
Funds for activities of the Commission shall be pro-
vided from amounts appropriated for the Department of
Defense for operation and maintenance for Defense-wide
865
activities for fiscal year 2001. Upon receipt of a written
certification from the Chairman of the Commission speci-
fying the funds required for the activities of the Commis-
sion, the Secretary of Defense shall promptly disburse to
the Commission, from such amounts, the funds required
by the Commission as stated in such certification.
SEC. 1409. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the
date of the submission of its report under section 1403(a).
TITLE XV—NAVY ACTIVITIES ON
THE 
ISLAND 
OF 
VIEQUES,
PUERTO RICO
Sec. 1501. Assistance for economic growth on Vieques.
Sec. 1502. Conveyance of Naval Ammunition Support Detachment, Vieques Is-
land.
Sec. 1503. Determination regarding continuation of Navy training.
Sec. 1504. Actions if training is approved.
Sec. 1505. Requirements if training is not approved or mandate for referendum
is vitiated.
Sec. 1506. Certain properties exempt from conveyance or transfer.
Sec. 1507. Moratorium on improvements at Fort Buchanan.
Sec. 1508. Transfer and management of Conservation Zones.
SEC. 1501. ASSISTANCE FOR ECONOMIC GROWTH ON
VIEQUES.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of Defense
for fiscal year 2000, $40,000,000 to be used to provide
economic assistance for the people and communities of the
island of Vieques, Puerto Rico, in accordance with the
866
terms and conditions of the Vieques supplemental appro-
priation.
(b) TRANSFER AUTHORITY.—The Secretary of De-
fense may transfer amounts of authorizations made avail-
able to the Department of Defense in subsection (a) to
any agency or office of the United States Government in
order to implement the projects for which the Vieques sup-
plemental appropriation is made available. The transfer
authority under this section is in addition to any transfer
authority provided in Public Law 106–65 or any other
Act.
(c) NOTICE TO CONGRESS.— The advance notice re-
quired by the Vieques supplemental appropriation of each
proposed transfer shall also be submitted to the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives.
(d) DEFINITION.—In this section, the term ‘‘Vieques
supplemental appropriation’’ means the paragraph under
the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-
WIDE’’ in chapter 1 of title I of the Emergency Supple-
mental Act, 2000 (division B of Public Law 106–246; 114
Stat. 525).
SEC. 1502. CONVEYANCE OF NAVAL AMMUNITION SUPPORT
DETACHMENT, VIEQUES ISLAND.
(a) CONVEYANCE REQUIRED.—
867
(1) PROPERTY
TO
BE
CONVEYED.—The Sec-
retary of the Navy shall convey, without consider-
ation, to the Municipality of Vieques, Puerto Rico,
all right, title, and interest of the United States in
and to the land constituting the Naval Ammunition
Support Detachment located on the western end of
the island of Vieques, Puerto Rico, except for—
(A) the property that is exempt from con-
veyance under section 1506;
(B) the property that is required to be
transferred to the Secretary of the Interior
under section 1508(a); and
(C) any property that is conveyed pursuant
to section 1508(b).
(2) TIME FOR CONVEYANCE.—The Secretary of
the Navy shall complete the conveyance required by
paragraph (1) not later than May 1, 2001.
(b) DESCRIPTION OF PROPERTY.—The Secretary of
the Navy, in consultation with the Secretary of the Inte-
rior on issues relating to natural resource protection under
section 1508, shall determine the exact acreage and legal
description of the property required to be conveyed pursu-
ant to subsection (a), including the legal description of any
easements, rights of way, and other interests that are re-
tained pursuant to section 1506.
868
(c) ENVIRONMENTAL RESTORATION.—
(1) OBJECTIVE OF CONVEYANCE.—An impor-
tant objective of the conveyance required by this sec-
tion is to promote timely redevelopment of the con-
veyed property in a manner that enhances employ-
ment opportunities and economic redevelopment,
consistent with all applicable environmental require-
ments and in full consultation with the Governor of
Puerto Rico, for the benefit of the residents of the
island of Vieques.
(2) CONVEYANCE DESPITE RESPONSE NEED.—
If the Secretary of the Navy, by May 1, 2001, is un-
able to provide the covenant required by subpara-
graph (A)(ii)(I) of section 120(h)(3) of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)(3))
with respect to the property to be conveyed, the Sec-
retary shall still complete the conveyance by that
date, as required by subsection (a)(2). The Secretary
shall remain responsible for completing all response
actions required under such Act. Upon completion of
such response actions, the Secretary shall execute
and deliver to the transferee the warranty referred
to in subparagraph (C)(iii) of such section. The com-
869
pletion of the response actions shall not be delayed
on account of the conveyance.
(3) CONTINUED NAVY RESPONSIBILITY.—Con-
sistent with existing Navy and legal requirements,
the Secretary of the Navy shall remain responsible
for the environmental condition of the property, and
neither the Commonwealth of Puerto Rico nor the
Municipality of Vieques shall be responsible for such
condition existing at the time of the conveyance.
(4) SAVINGS
CLAUSE.—All response actions
with respect to the property to be conveyed shall
take place in compliance with current law.
(d) CONTROL OF CONVEYED PROPERTY.—The gov-
ernment of the Municipality of Vieques, acting through the
elected officials of that government, shall have the power
to administer, manage, and control the property conveyed
under subsection (a) in any manner determined by the
government of the Municipality of Vieques as being most
advantageous to the majority of the residents of the island
of Vieques (consistent with the laws of the United States).
(e) INDEMNIFICATION.—
(1) ENTITIES
AND
PERSONS
COVERED; EX-
TENT.—(A) Except as provided in subparagraph
(C), and subject to paragraph (2), the Secretary of
Defense shall hold harmless, defend, and indemnify
870
in full the persons and entities described in subpara-
graph (B) from and against any suit, claim, demand
or action, liability, judgment, cost or other fee aris-
ing out of any claim for personal injury or property
damage (including death, illness, or loss of or dam-
age to property or economic loss) that results from,
or is in any manner predicated upon, the release or
threatened release (after the conveyance is made
under subsection (a)) of any hazardous substance or
pollutant or contaminant as a result of Department
of Defense activities at those parts of the Naval Am-
munition Support Detachment conveyed pursuant to
subsection (a).
(B) The persons and entities described in this
paragraph are the following:
(i) The Commonwealth of Puerto Rico (in-
cluding any officer, agent, or employee of the
Commonwealth of Puerto Rico).
(ii) The Municipality of Vieques, Puerto
Rico, and any other political subdivision of the
Commonwealth of Puerto Rico that acquires
such ownership or control (including any offi-
cer, agent, or employee of that Municipality or
other political subdivision).
871
(iii) Any other person or entity that ac-
quires such ownership or control.
(iv) Any successor, assignee, transferee,
lender, or lessee of a person or entity described
in clauses (i) through (iii).
(C) To the extent the persons and entities de-
scribed in subparagraph (B) contributed to any such
release or threatened release, subparagraph (A) shall
not apply.
(2) CONDITIONS ON INDEMNIFICATION.—No in-
demnification may be afforded under this subsection
unless the person or entity making a claim for
indemnification—
(A) notifies the Secretary of Defense in
writing within two years after such claim ac-
crues or begins action within six months after
the date of mailing, by certified or registered
mail, of notice of final denial of the claim by
the Secretary of Defense;
(B) furnishes to the Secretary of Defense
copies of pertinent papers the entity receives;
(C) furnishes evidence of proof of any
claim, loss, or damage covered by this sub-
section; and
872
(D) provides, upon request by the Sec-
retary of Defense, access to the records and
personnel of the entity for purposes of defend-
ing or settling the claim or action.
(3) RESPONSIBILITIES OF SECRETARY OF DE-
FENSE.—(A) In any case in which the Secretary of
Defense determines that the Department of Defense
may be required to make indemnification payments
to a person under this subsection for any suit, claim,
demand or action, liability, judgment, cost or other
fee arising out of any claim for personal injury or
property damage referred to in paragraph (1)(A),
the Secretary may settle or defend, on behalf of that
person, the claim for personal injury or property
damage.
(B) In any case described in subparagraph (A),
if the person to whom the Department of Defense
may be required to make indemnification payments
does not allow the Secretary of Defense to settle or
defend the claim, the person may not be afforded in-
demnification with respect to that claim under this
subsection.
(4) ACCRUAL
OF
ACTION.—For purposes of
paragraph (2)(A), the date on which a claim accrues
is the date on which the plaintiff knew (or reason-
873
ably should have known) that the personal injury or
property damage referred to in paragraph (1) was
caused or contributed to by the release or threatened
release of a hazardous substance or pollutant or con-
taminant as a result of Department of Defense ac-
tivities at any part of the Naval Ammunition Sup-
port Detachment conveyed pursuant to subsection
(a).
(5) RELATIONSHIP TO OTHER LAWS.—Nothing
in this subsection shall be construed as affecting or
modifying in any way subsection 120(h) of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)).
(6) DEFINITIONS.—In this subsection, the
terms ‘‘hazardous substance’’, ‘‘release’’, and ‘‘pol-
lutant or contaminant’’ have the meanings given
such terms under paragraphs (9), (14), (22), and
(33) of section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601).
SEC. 1503. DETERMINATION REGARDING CONTINUATION
OF NAVY TRAINING.
(a) REFERENDUM.—
(1) REQUIREMENT.—Except as provided in
paragraph (2), the President shall provide for a ref-
874
erendum to be conducted on the island of Vieques,
Puerto Rico, to determine by a majority of the votes
cast in the referendum by the Vieques electorate
whether the people of Vieques approve or disapprove
of the continuation of the conduct of live-fire train-
ing, and any other types of training, by the Armed
Forces at the Navy’s training sites on the island
under the conditions described in subsection (d).
(2) EXCEPTION.—If the Chief of Naval Oper-
ations and the Commandant of the Marine Corps
jointly submit to the congressional defense commit-
tees, after the date of the enactment of this Act and
before the date set forth in subsection (c), their cer-
tification that the Vieques Naval Training Range is
no longer needed for training by the Navy and the
Marine Corps, then the requirement for a ref-
erendum under paragraph (1) shall cease to be effec-
tive on the date on which the certification is sub-
mitted.
(b) PROHIBITION OF OTHER PROPOSITIONS.—In the
referendum under this section, no proposition or option
may be presented as an alternative to the propositions of
approval and of disapproval of the continuation of the con-
duct of training as described in subsection (a)(1).
875
(c) TIME FOR REFERENDUM.—The referendum re-
quired under this section shall be held on May 1, 2001,
or within 270 days before such date or 270 days after
such date. The Secretary of the Navy shall publicize the
date set for the referendum 90 days before that date.
(d) REQUIRED TRAINING CONDITIONS.—For the
purposes of the referendum under this section, the condi-
tions for the continuation of the conduct of training are
those that are proposed by the Secretary of the Navy and
publicized on the island of Vieques in connection with, and
for a reasonable period in advance of, the referendum. The
conditions shall include the following:
(1) LIVE-FIRE TRAINING.—A condition that the
training may include live-fire training.
(2) MAXIMUM ANNUAL DAYS OF USE.—A condi-
tion that the training may be conducted on not more
than 90 days each year.
(e) PROCLAMATION OF OUTCOME.—Promptly after
the referendum is completed under this section, the Presi-
dent shall determine, and issue a proclamation declaring,
the outcome of the referendum. The President’s deter-
mination shall be final, and the outcome of the referendum
(as so determined) shall be binding.
(f) VIEQUES ELECTORATE DEFINED.—
876
(1) REGISTERED VOTERS.—In this section, the
term ‘‘Vieques electorate’’, with respect to a ref-
erendum under this section, means the residents of
the island of Vieques, Puerto Rico, who, on both
dates specified in paragraph (2), are registered to
vote in a general election held for casting ballots for
the election of the Resident Commissioner of the
Commonwealth of Puerto Rico.
(2) REGISTRATION DATES.—The dates referred
to in paragraph (1) are as follows:
(A) November 7, 2000.
(B) The date that is 180 days before the
date of the referendum under this section.
SEC. 1504. ACTIONS IF TRAINING IS APPROVED.
(a) CONDITION FOR EFFECTIVENESS.—This section
shall take effect on the date on which the President issues
a proclamation under subsection (e) of section 1503 de-
claring that the continuation of the conduct of training
(including live-fire training) by the Armed Forces at the
Navy’s training sites on the island of Vieques, Puerto
Rico, under the conditions described in subsection (d) of
such section, has been approved in the referendum con-
ducted under such section.
(b) AUTHORIZATION OF APPROPRIATIONS FOR ADDI-
TIONAL ECONOMIC ASSISTANCE.—There is authorized to
877
be appropriated to the President $50,000,000 to provide
economic assistance for the people and communities of the
island of Vieques. This authorization of appropriations is
in addition to the amount authorized to appropriated to
provide economic assistance under section 1501.
(c) TRAINING
RANGE
TO
REMAIN
OPEN.—The
Vieques Naval Training Range shall remain available for
the use of the Armed Forces, including for live-fire train-
ing.
SEC. 1505. REQUIREMENTS IF TRAINING IS NOT APPROVED
OR MANDATE FOR REFERENDUM IS VITI-
ATED.
(a) CONDITIONS FOR EFFECTIVENESS.—This section
shall take effect on the date on which either of the fol-
lowing occurs:
(1) The President issues a proclamation under
subsection (e) of section 1503 declaring that the
continuation of the conduct of training (including
live-fire training) by the Armed Forces at the Navy’s
training sites on the island of Vieques, Puerto Rico,
under the conditions described in subsection (d) of
such section, has not been approved in the ref-
erendum conducted under such section.
878
(2) The requirement for a referendum under
section 1503 ceases to be effective pursuant to sub-
section (a)(2) of such section.
(b) ACTIONS REQUIRED
OF SECRETARY
OF DE-
FENSE.—
(1) TERMINATION OF OPERATION.—Not later
than May 1, 2003, the Secretary of Defense shall—
(A) terminate all Navy and Marine Corps
training operations on the island of Vieques;
and
(B) terminate all Navy and Marine Corps
operations at Naval Station Roosevelt Roads,
Puerto Rico, that are related exclusively to the
use of the training range on the island of
Vieques by the Navy and the Marine Corps.
(2) RELOCATION OF UNITS.—The Secretary of
Defense may relocate the units of the Armed Forces
(other than those of the reserve components) and ac-
tivities of the Department of Defense (including
nonappropriated fund activities) at Fort Buchanan,
Puerto Rico, to Naval Station Roosevelt Roads,
Puerto Rico, to ensure maximum utilization of ca-
pacity.
(3) CLOSURE OF INSTALLATIONS AND FACILI-
TIES.—The Secretary of Defense shall close the De-
879
partment of Defense installations and facilities on
the island of Vieques, other than properties exempt
from conveyance and transfer under section 1506.
(c) ACTIONS REQUIRED
OF SECRETARY
OF
THE
NAVY.—The Secretary of the Navy shall transfer, without
reimbursement, to the administrative jurisdiction of the
Secretary of the Interior—
(1) the Live Impact Area on the island of
Vieques;
(2) all Department of Defense real properties
on the eastern side of the island that are identified
as conservation zones; and
(3) all other Department of Defense real prop-
erties on the eastern side of the island.
(d) ACTIONS REQUIRED OF SECRETARY OF THE IN-
TERIOR.—
(1) RETENTION
AND
ADMINISTRATION.—The
Secretary of the Interior shall retain, and may not
dispose of any of, the properties transferred under
paragraphs (2) and (3) of subsection (c) and shall
administer such properties as wildlife refuges under
the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) pending the
enactment of a law that addresses the disposition of
such properties.
880
(2) 
RESPONSIBILITY
FOR
LIVE
IMPACT
AREA.—Upon a termination of Navy and Marine
Corps training operations on the island of Vieques
under subsection (b)(1), the Secretary of the Inte-
rior shall assume responsibility for the administra-
tion of the Live Impact Area, administer that area
as a wilderness area under the Wilderness Act (16
U.S.C. 1131 et seq.), and deny public access to the
area.
(3) LIVE IMPACT AREA DEFINED.—In this sec-
tion, the term ‘‘Live Impact Area’’ means the parcel
of real property, consisting of approximately 900
acres (more or less), on the island of Vieques that
is designated by the Secretary of the Navy for tar-
geting by live ordnance in the training of forces of
the Navy and Marine Corps.
(e) GAO REVIEW.—
(1) REQUIREMENT FOR REVIEW.—The Comp-
troller General shall review the requirement for the
continued use of Fort Buchanan, Puerto Rico, by
active Army forces and shall submit to the congres-
sional defense committees a report containing—
(A) the findings resulting from the review;
and
881
(B) recommendations regarding the closure
of Fort Buchanan and the consolidation of
units of the Armed Forces to Naval Station
Roosevelt Roads, Puerto Rico.
(2) TIME FOR SUBMITTAL OF REPORT.—The
Comptroller General shall submit the report under
paragraph (1) not later than one year after the date
on which the referendum under section 1503 is con-
ducted or one year after the date on which a certifi-
cation is submitted to the congressional defense
committees under subsection (a)(2) of such section,
as the case may be.
SEC. 1506. CERTAIN PROPERTIES EXEMPT FROM CONVEY-
ANCE OR TRANSFER.
(a) EXEMPT PROPERTY.—The Department of De-
fense properties and property interests described in sub-
section (b) may not be conveyed or transferred out of the
Department of Defense under this title.
(b) PROPERTIES DESCRIBED.—The exemption under
subsection (a) applies to the following Department of De-
fense properties and property interests on the island of
Vieques, Puerto Rico:
(1) ROTHR SITE.—The site for relocatable
over-the-horizon radar.
882
(2) TELECOMMUNICATIONS SITES.—The Mount
Pirata telecommunications sites.
(3) ASSOCIATED INTERESTS.—Any easements,
rights-of-way, and other interests in property that
the Secretary of the Navy determines necessary
for—
(A) ensuring access to the properties re-
ferred to in paragraphs (1) and (2);
(B) providing utilities for such properties;
(C) ensuring the security of such prop-
erties; and
(D) ensuring effective maintenance and op-
erations on such properties.
(4) 
REMEDIATION
ACTIVITIES.—Any 
ease-
ments, rights-of-way, and other interests in property
that the Secretary of the Navy determines necessary
for protecting human health and the environment in
the discharge of the Secretary’s responsibilities for
environmental remediation under section 1502(c),
until such time as these responsibilities are com-
pleted.
SEC. 1507. MORATORIUM ON IMPROVEMENTS AT FORT BU-
CHANAN.
(a) IN GENERAL.—Except as provided in subsection
(b), no acquisition, construction, conversion, rehabilita-
883
tion, extension, or improvement of any facility at Fort Bu-
chanan, Puerto Rico, may be initiated or continued on or
after the date of the enactment of this Act.
(b) EXCEPTIONS.—The prohibition in subsection (a)
does not apply to the following:
(1) Actions necessary to maintain the existing
facilities (including utilities) at Fort Buchanan.
(2) The construction of reserve component and
nonappropriated fund facilities authorized before the
date of the enactment of this Act.
(c) TERMINATION.—This section shall cease to be ef-
fective upon the issuance of a proclamation described in
section 1504(a) or the enactment of a law, after the date
of the enactment of this Act, that authorizes any acquisi-
tion, construction, conversion, rehabilitation, extension, or
improvement of any facility at Fort Buchanan, Puerto
Rico.
SEC. 1508. TRANSFER AND MANAGEMENT OF CONSERVA-
TION ZONES.
(a) TRANSFER TO SECRETARY OF THE INTERIOR.—
(1) TRANSFER REQUIRED.—Except as provided
in section 1506, the Secretary of the Navy shall
transfer, without reimbursement, to the administra-
tive jurisdiction of the Secretary of the Interior all
Department of Defense real properties on the west-
884
ern end of the Vieques Island, consisting of a total
of approximately 3,100 acres, that are designated as
Conservation Zones in section IV of the 1983 Memo-
randum of Understanding between the Common-
wealth of Puerto Rico and the Secretary of the
Navy.
(2) TIME FOR TRANSFER.—The Secretary of
the Navy shall complete the transfer required by
paragraph (1) not later than May 1, 2001.
(b) CONVEYANCE TO CONSERVATION TRUST.—
(1) CONVEYANCE REQUIRED.—Except as pro-
vided in section 1506 and subject to paragraph (2),
the Secretary of the Navy shall convey, without con-
sideration, to the Puerto Rico Conservation Trust
the additional Conservation Zones, consisting of a
total of approximately 800 acres, identified in Alter-
native 1 in the Draft Environmental Assessment for
the proposed transfer of Naval Ammunition Support
Detachment property, Vieques, Puerto Rico, pre-
pared by the Department of the Navy, as described
in the Federal Register of August 28, 2000 (65 Fed.
Reg. 52100).
(2) TIME FOR CONVEYANCE.—The Secretary of
the Navy shall complete the conveyance required by
paragraph (1) not later than May 1, 2001, except
885
that paragraph (1) shall apply only to those portions
of the lands described in such paragraph that the
Commonwealth of Puerto Rico, the Secretary of the
Interior, and the Puerto Rico Conservation Trust
mutually agree, before that date, to—
(A) include in the cooperative agreement
under subsection (d)(2); and
(B) manage under standards consistent
with the standards in subsection (c) applicable
to the lands transferred under subsection (a).
(c) ADMINISTRATION OF PROPERTIES AS WILDLIFE
REFUGES.—The Secretary of the Interior shall administer
as wildlife refuges under the National Wildlife Refuge Sys-
tem Administration Act of 1966 (16 U.S.C. 668dd et seq.)
the Conservation Zones transferred to the Secretary under
subsection (a).
(d) COOPERATIVE AGREEMENT.—
(1) REQUIRED; PARTIES.—The Secretary of the
Interior shall manage the Conservation Zones trans-
ferred under subsection (a) pursuant to a coopera-
tive agreement among the Commonwealth of Puerto
Rico, the Puerto Rico Conservation Trust, and the
Secretary of the Interior.
(2) INCLUSION
OF
ADJACENT
AREAS.—Areas
adjacent to the Conservation Zones transferred
886
under subsection (a) shall be considered for inclusion
under the cooperative agreement. Subject to the mu-
tual agreement of the Commonwealth of Puerto
Rico, the Secretary of the Interior, and the Puerto
Rico Conservation Trust, such adjacent areas may
be included under the cooperative agreement, except
that the total acreage so included under this para-
graph may not exceed 800 acres. This determination
of inclusion of lands shall be incorporated into the
cooperative agreement process as set forth in para-
graph (4).
(3) SEA
GRASS
AREA.—The Sea Grass Area
west of Mosquito Pier, as identified in the 1983
Memorandum of Understanding between the Com-
monwealth of Puerto Rico and the Secretary of the
Navy, shall be included in the cooperative agreement
to be protected under the laws of the United States
and the laws of the Commonwealth of Puerto Rico.
(4) MANAGEMENT PURPOSES.—All lands cov-
ered by the cooperative agreement shall be managed
to protect and preserve the natural resources of the
lands in perpetuity. The Commonwealth of Puerto
Rico, the Puerto Rico Conservation Trust, and the
Secretary of the Interior shall follow all applicable
Federal environmental laws during the creation and
887
any subsequent amendment of the cooperative agree-
ment, including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.),
and the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(5) COMPLETION AND IMPLEMENTATION.—The
cooperative agreement shall be completed not later
than May 1, 2001. The Secretary of the Interior
shall implement the terms and conditions of the co-
operative agreement, which can only be amended by
agreement of the Commonwealth of Puerto Rico, the
Puerto Rico Conservation Trust, and the Secretary
of the Interior.
TITLE 
XVI—GI 
BILL 
EDU-
CATIONAL ASSISTANCE AND
VETERANS 
CLAIMS 
ASSIST-
ANCE
Subtitle A—Veterans Education Benefits
Sec. 1601. Additional opportunity for certain VEAP participants to enroll in
basic educational assistance under Montgomery GI Bill.
Sec. 1602. Modification of authority to pay tuition for off-duty training and
education.
Subtitle B—Veterans Claims Assistance
Sec. 1611. Clarification of Department of Veterans Affairs duty to assist.
888
Subtitle A—Veterans Education
Benefits
SEC. 1601. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP
PARTICIPANTS TO ENROLL IN BASIC EDU-
CATIONAL 
ASSISTANCE 
UNDER 
MONT-
GOMERY GI BILL.
(a) SPECIAL ENROLLMENT PERIOD.—Section 3018C
of title 38, United States Code, is amended by adding at
the end the following new subsection:
‘‘(e)(1) A qualified individual (described in paragraph
(2)) may make an irrevocable election under this sub-
section, during the one-year period beginning on the date
of the enactment of this subsection, to become entitled to
basic educational assistance under this chapter. Such an
election shall be made in the same manner as elections
made under subsection (a)(5).
‘‘(2) A qualified individual referred to in paragraph
(1) is an individual who meets each of the following re-
quirements:
‘‘(A) The individual was a participant in the
educational benefits program under chapter 32 of
this title on or before October 9, 1996.
‘‘(B) The individual has continuously served on
active duty since October 9, 1996 (excluding the pe-
889
riods referred to in section 3202(1)(C) of this title),
through at least April, 1, 2000.
‘‘(C) The individual meets the requirements of
subsection (a)(3).
‘‘(D) The individual, when discharged or re-
leased from active duty, is discharged or released
therefrom with an honorable discharge.
‘‘(3)(A) Subject to the succeeding provisions of this
paragraph, with respect to a qualified individual who
makes an election under paragraph (1) to become entitled
to basic education assistance under this chapter—
‘‘(i) the basic pay of the qualified individual
shall be reduced (in a manner determined by the
Secretary concerned) until the total amount by
which such basic pay is reduced is $2,700; and
‘‘(ii) to the extent that basic pay is not so re-
duced before the qualified individual’s discharge or
release from active duty as specified in subsection
(a)(4), at the election of the qualified individual—
‘‘(I) the Secretary concerned shall collect
from the qualified individual, or
‘‘(II) the Secretary concerned shall reduce
the retired or retainer pay of the qualified indi-
vidual by,
890
an amount equal to the difference between $2,700
and the total amount of reductions under clause (i),
which shall be paid into the Treasury of the United
States as miscellaneous receipts.
‘‘(B)(i) The Secretary concerned shall provide for an
18-month period, beginning on the date the qualified indi-
vidual makes an election under paragraph (1), for the
qualified individual to pay that Secretary the amount due
under subparagraph (A).
‘‘(ii) Nothing in clause (i) shall be construed as modi-
fying the period of eligibility for and entitlement to basic
education assistance under this chapter applicable under
section 3031 of this title.
‘‘(C) The provisions of subsection (c) shall apply to
individuals making elections under this subsection in the
same manner as they applied to individuals making elec-
tions under subsection (a)(5).
‘‘(4) With respect to qualified individuals referred to
in paragraph (3)(A)(ii), no amount of educational assist-
ance allowance under this chapter shall be paid to the
qualified individual until the earlier of the date on which—
‘‘(A) the Secretary concerned collects the appli-
cable amount under subparagraph (I) of such para-
graph, or
891
‘‘(B) the retired or retainer pay of the qualified
individual is first reduced under subparagraph (II)
of such paragraph.
‘‘(5) The Secretary, in conjunction with the Secretary
of Defense, shall provide for notice to participants in the
educational benefits program under chapter 32 of this title
of the opportunity under this section to elect to become
entitled to basic educational assistance under this chap-
ter.’’.
(b) CONFORMING AMENDMENT.—Section 3018C(b)
of such title is amended by striking ‘‘subsection (a)’’ and
inserting ‘‘subsection (a) or (e)’’.
SEC. 1602. MODIFICATION OF AUTHORITY TO PAY TUITION
FOR OFF-DUTY TRAINING AND EDUCATION.
(a) AUTHORITY TO PAY ALL CHARGES.—Section
2007 of title 10, United States Code, is amended—
(1) by striking subsections (a) and (b) and in-
serting the following new subsections:
‘‘(a) Subject to subsection (b), the Secretary of a
military department may pay all or a portion of the
charges of an educational institution for the tuition or ex-
penses of a member of the armed forces enrolled in such
educational institution for education or training during
the member’s off-duty periods.
892
‘‘(b) In the case of a commissioned officer on active
duty, the Secretary of the military department concerned
may not pay charges under subsection (a) unless the offi-
cer agrees to remain on active duty for a period of at least
two years after the completion of the training or education
for which the charges are paid.’’; and
(2) in subsection (d)—
(A) by striking ‘‘(within the limits set forth
in subsection (a))’’ in the matter preceding
paragraph (1); and
(B) in paragraph (3), by striking ‘‘sub-
section (a)(3)’’ and inserting ‘‘subsection (b)’’.
(b) USE OF ENTITLEMENT TO ASSISTANCE UNDER
MONTGOMERY GI BILL FOR PAYMENT OF CHARGES.—(1)
That section is further amended by adding at the end the
following new subsection:
‘‘(e)(1) A member of the armed forces who is entitled
to basic educational assistance under chapter 30 of title
38 may use such entitlement for purposes of paying any
portion of the charges described in subsection (a) or (c)
that are not paid for by the Secretary of the military de-
partment concerned under such subsection.
‘‘(2) The use of entitlement under paragraph (1)
shall be governed by the provisions of section 3014(b) of
title 38.’’.
893
(2) Section 3014 of title 38, United States Code, is
amended—
(A) by inserting ‘‘(a)’’ before ‘‘The Secretary’’;
and
(B) by adding at the end the following new sub-
section:
‘‘(b)(1) In the case of an individual entitled to basic
educational assistance who is pursuing education or train-
ing described in subsection (a) or (c) of section 2007 of
title 10, the Secretary shall, at the election of the indi-
vidual, pay the individual a basic educational assistance
allowance to meet all or a portion of the charges of the
educational institution for the education or training that
are not paid by the Secretary of the military department
concerned under such subsection.
‘‘(2)(A) The amount of the basic educational assist-
ance allowance payable to an individual under this sub-
section for a month shall be the amount of the basic edu-
cational assistance allowance to which the individual would
be entitled for the month under section 3015 of this title
(without regard to subsection (g) of that section) were
payment made under that section instead of under this
subsection.
894
‘‘(B) The maximum number of months for which an
individual may be paid a basic educational assistance al-
lowance under paragraph (1) is 36.’’.
(3) Section 3015 of title 38, United States Code, is
amended—
(A) by striking ‘‘subsection (g)’’ each place it
appears in subsections (a) and (b);
(B) by redesignating subsection (g) as sub-
section (h); and
(C) by inserting after subsection (f) the fol-
lowing new subsection (g):
‘‘(g) In the case of an individual who has been paid
a basic educational assistance allowance under section
3014(b) of this title, the rate of the basic educational as-
sistance allowance applicable to the individual under this
section shall be the rate otherwise applicable to the indi-
vidual under this section reduced by an amount equal to—
‘‘(1) the aggregate amount of such allowances
paid the individual under such section 3014(b); di-
vided by
‘‘(2) 36.’’.
895
Subtitle B—Veterans Claims
Assistance
SEC. 1611. CLARIFICATION OF DEPARTMENT OF VETERANS
AFFAIRS DUTY TO ASSIST.
(a) IN GENERAL.—Section 5107 of title 38, United
States Code, is amended to read as follows:
‘‘§ 5107 Assistance to claimants; benefit of the doubt;
burden of proof
‘‘(a) The Secretary shall assist a claimant in devel-
oping all facts pertinent to a claim for benefits under this
title. Such assistance shall include requesting information
as described in section 5106 of this title. The Secretary
shall provide a medical examination when such examina-
tion may substantiate entitlement to the benefits sought.
The Secretary may decide a claim without providing as-
sistance under this subsection when no reasonable possi-
bility exists that such assistance will aid in the establish-
ment of entitlement.
‘‘(b) The Secretary shall consider all evidence and
material of record in a case before the Department with
respect to benefits under laws administered by the Sec-
retary and shall give the claimant the benefit of the doubt
when there is an approximate balance of positive and neg-
ative evidence regarding any issue material to the deter-
mination of the matter.
896
‘‘(c) Except when otherwise provided by this title or
by the Secretary in accordance with the provisions of this
title, a person who submits a claim for benefits under a
law administered by the Secretary shall have the burden
of proof.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 51 of that title is amended
by striking the item relating to section 5017 and inserting
the following new item:
‘‘5107 Assistance to claimants; benefit of the doubt; burden of proof.’’.
TITLE XVII—ASSISTANCE TO
FIREFIGHTERS
Sec. 1701. Firefighter assistance.
Sec. 1702. Volunteer fire assistance program.
Sec. 1703. Burn research.
Sec. 1704. Study and demonstration projects regarding cases of hepatitis C
among certain emergency response employees.
Sec. 1705. Report on progress on spectrum sharing.
Sec. 1706. Sale or donation of excess defense property to assist firefighting
agencies.
Sec. 1707. Identification of defense technologies suitable for use, or conversion
for use, in providing fire and emergency medical services.
SEC. 1701. FIREFIGHTER ASSISTANCE.
(a) IN GENERAL.—The Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended
by adding at the end the following new section:
‘‘SEC. 33. FIREFIGHTER ASSISTANCE.
‘‘(a) DEFINITION OF FIREFIGHTING PERSONNEL.—
In this section, the term ‘firefighting personnel’ means in-
dividuals, including volunteers, who are firefighters, offi-
897
cers of fire departments, or emergency medical service per-
sonnel of fire departments.
‘‘(b) ASSISTANCE PROGRAM.—
‘‘(1) AUTHORITY.—In accordance with this sec-
tion, the Director may—
‘‘(A) make grants on a competitive basis
directly to fire departments of a State, in con-
sultation with the chief executive of the State,
for the purpose of protecting the health and
safety of the public and firefighting personnel
against fire and fire-related hazards; and
‘‘(B) provide assistance for fire prevention
programs in accordance with paragraph (4).
‘‘(2) OFFICE FOR ADMINISTRATION OF ASSIST-
ANCE.—
‘‘(A) ESTABLISHMENT.—Before providing
assistance under paragraph (1), the Director
shall establish an office in the Federal Emer-
gency Management Agency to administer the
assistance under this section.
‘‘(B) INCLUDED
DUTIES.—The duties of
the office shall include the following:
‘‘(i) 
RECIPIENT
SELECTION
CRI-
TERIA.—To establish specific criteria for
898
the selection of recipients of the assistance
under this section.
‘‘(ii) GRANT-WRITING
ASSISTANCE.—
To provide grant-writing assistance to ap-
plicants.
‘‘(3) USE
OF
FIRE
DEPARTMENT
GRANT
FUNDS.—The Director may make a grant under
paragraph (1)(A) only if the applicant for the grant
agrees to use the grant funds—
‘‘(A) to hire additional firefighting per-
sonnel;
‘‘(B) to train firefighting personnel in fire-
fighting, emergency response, arson prevention
and detection, or the handling of hazardous ma-
terials, or to train firefighting personnel to pro-
vide any of the training described in this sub-
paragraph;
‘‘(C) to fund the creation of rapid interven-
tion teams to protect firefighting personnel at
the scenes of fires and other emergencies;
‘‘(D) to certify fire inspectors;
‘‘(E) to establish wellness and fitness pro-
grams for firefighting personnel to ensure that
the firefighting personnel can carry out their
duties;
899
‘‘(F) to fund emergency medical services
provided by fire departments;
‘‘(G) to acquire additional firefighting vehi-
cles, including fire trucks;
‘‘(H) to acquire additional firefighting
equipment, including equipment for communica-
tions and monitoring;
‘‘(I) to acquire personal protective equip-
ment required for firefighting personnel by the
Occupational Safety and Health Administra-
tion, and other personal protective equipment
for firefighting personnel;
‘‘(J) to modify fire stations, fire training
facilities, and other facilities to protect the
health and safety of firefighting personnel;
‘‘(K) to enforce fire codes;
‘‘(L) to fund fire prevention programs;
‘‘(M) to educate the public about arson
prevention and detection; or
‘‘(N) to provide incentives for the recruit-
ment and retention of volunteer firefighting
personnel for volunteer firefighting departments
and other firefighting departments that utilize
volunteers.
‘‘(4) FIRE PREVENTION PROGRAMS.—
900
‘‘(A) IN GENERAL.—For each fiscal year,
the Director shall use not less than 5 percent
of the funds made available under subsection
(e)—
‘‘(i) to make grants to fire depart-
ments for the purpose described in para-
graph (3)(L); and
‘‘(ii) to make grants to, or enter into
contracts or cooperative agreements with,
national, State, local, or community orga-
nizations that are recognized for their ex-
perience and expertise with respect to fire
prevention or fire safety programs and ac-
tivities, for the purpose of carrying out fire
prevention programs.
‘‘(B) PRIORITY.—In selecting organiza-
tions described in subparagraph (A)(ii) to re-
ceive assistance under this paragraph, the Di-
rector shall give priority to organizations that
focus on prevention of injuries to children from
fire.
‘‘(5) APPLICATION.—The Director may provide
assistance to a fire department or organization
under this subsection only if the fire department or
organization seeking the assistance submits to the
901
Director an application that meets the following re-
quirements:
‘‘(A) FORM.—The application shall be in
such form as the Director may require.
‘‘(B) INFORMATION.—The application shall
include the following information:
‘‘(i) FINANCIAL
NEED.—Information
that demonstrates the financial need of the
applicant for the assistance for which ap-
plied.
‘‘(ii) COST-BENEFIT
ANALYSIS.—An
analysis of the costs and benefits, with re-
spect to public safety, of the use of the as-
sistance.
‘‘(iii) REPORTING
SYSTEMS
DATA.—
An agreement to provide information to
the national fire incident reporting system
for the period covered by the assistance.
‘‘(iv) 
OTHER
INFORMATION.—Any
other information that the Director may
require.
‘‘(6) MATCHING REQUIREMENT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Director may provide assistance
under this subsection only if the applicant for
902
the assistance agrees to match with an equal
amount of non-Federal funds 30 percent of the
assistance received under this subsection for
any fiscal year.
‘‘(B) REQUIREMENT FOR SMALL COMMU-
NITY ORGANIZATIONS.—In the case of an appli-
cant whose personnel serve jurisdictions of
50,000 or fewer residents, the percent applied
under the matching requirement of subpara-
graph (A) shall be 10 percent.
‘‘(7) MAINTENANCE
OF
EXPENDITURES—The
Director may provide assistance under this sub-
section only if the applicant for the assistance agrees
to maintain in the fiscal year for which the assist-
ance will be received the applicant’s aggregate ex-
penditures for the uses described in paragraph (3)
or (4) at or above the average level of such expendi-
tures in the two fiscal years preceding the fiscal year
for which the assistance will be received.
‘‘(8) REPORT TO THE DIRECTOR.—The Direc-
tor may provide assistance under this subsection
only if the applicant for the assistance agrees to sub-
mit to the Director a report, including a description
of how the assistance was used, with respect to each
fiscal year for which the assistance was received.
903
‘‘(9) VARIETY
OF
FIRE
DEPARTMENT
GRANT
RECIPIENTS.—The Director shall ensure that grants
under paragraph (1)(A) for a fiscal year are made
to a variety of fire departments, including, to the ex-
tent that there are eligible applicants—
‘‘(A) paid, volunteer, and combination fire
departments;
‘‘(B) fire departments located in commu-
nities of varying sizes; and
‘‘(C) fire departments located in urban,
suburban, and rural communities.
‘‘(10) GRANT LIMITATIONS.—
‘‘(A) RECIPIENT LIMITATION.—A grant re-
cipient under this section may not receive more
than $750,000 under this section for any fiscal
year.
‘‘(B) LIMITATION ON EXPENDITURES FOR
FIREFIGHTING VEHICLES.—Not more than 25
percent of the funds appropriated to provide
grants under this section for a fiscal year may
be used to assist grant recipients to purchase
vehicles, as authorized by paragraph (3)(G).
‘‘(11) RESERVATION
OF
GRANT
FUNDS
FOR
VOLUNTEER DEPARTMENTS.—In making grants to
firefighting departments, the Director shall ensure
904
that those firefighting departments that have either
all-volunteer forces of firefighting personnel or com-
bined forces of volunteer and professional fire-
fighting personnel receive a proportion of the total
grant funding that is not less than the proportion of
the United States population that those firefighting
departments protect.
‘‘(c) AUDITS.—A recipient of a grant under this sec-
tion shall be subject to audits to ensure that the grant
proceeds are expended for the intended purposes and that
the grant recipient complies with the requirements of
paragraphs (6) and (7) of subsection (b).
‘‘(d) STATE DEFINED.—In this section, the term
‘State’ includes the District of Columbia and the Common-
wealth of Puerto Rico.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated for the purposes of this
section amounts as follows:
‘‘(1) $100,000,000 for fiscal year 2001.
‘‘(2) $300,000,000 for fiscal year 2002.’’.
(b) STUDY ON NEED FOR FEDERAL ASSISTANCE TO
STATE
AND
LOCAL
COMMUNITIES
TO
FUND
FIRE-
FIGHTING AND EMERGENCY RESPONSE ACTIVITIES.—
(1) REQUIREMENT FOR STUDY.—The Director
of the Federal Emergency Management Agency shall
905
conduct a study in conjunction with the National
Fire Protection Association to—
(A) define the current role and activities
associated with the fire services;
(B) determine the adequacy of current lev-
els of funding; and
(C) provide a needs assessment to identify
shortfalls.
(2) TIME
FOR
COMPLETION
OF
STUDY; RE-
PORT.—The Director shall complete the study under
paragraph (1), and submit a report on the results of
the study to Congress, within 18 months after the
date of the enactment of this Act.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Fed-
eral Emergency Management Agency $300,000 for
fiscal year 2001 to carry out the study required by
paragraph (1).
SEC. 1702. VOLUNTEER FIRE ASSISTANCE PROGRAM.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary of Agriculture for carrying out
paragraphs (1) through (3) of section 10(b) of the Cooper-
ative Forestry Assistance Act of 1978 (16 U.S.C.
2106(b)(1)-(3)) amounts as follows:
(1) $10,000,000 for fiscal year 2001.
906
(2) $20,000,000 for fiscal year 2002.
(b) REPORT.—
(1) IN GENERAL.—The Secretary of Agriculture
shall submit a report to Congress on the results of
the assistance provided under the provisions of law
for which funds are authorized for appropriations
under subsection (a).
(2) CONTENT.—The report shall contain the
following:
(A) A list of the organizations that re-
ceived funds authorized for appropriations
under subsection (a) and the purpose for which
those organizations were provided the funds.
(B) Efforts taken to ensure that potential
recipients are provided with information nec-
essary to develop an effective application.
(C) The Secretary’s assessment regarding
the appropriate level of funding that should be
provided annually through the assistance pro-
gram.
(D) The Secretary’s assessment regarding
the appropriate purposes for such assistance.
(E) Any other information the Secretary
determines necessary.
907
(3) SUBMISSION
DATE.—The report shall be
submitted not later than February 1, 2002.
SEC. 1703. BURN RESEARCH.
(a) OFFICE.—The Director of the Federal Emer-
gency Management Agency shall establish an office in the
Agency to establish specific criteria of grant recipients and
to administer grants under this section.
(b) SAFETY ORGANIZATION GRANTS.—The Director
may make grants, on a competitive basis, to safety organi-
zations that have experience in conducting burn safety
programs for the purpose of assisting those organizations
in conducting burn prevention programs or augmenting
existing burn prevention programs.
(c) HOSPITAL GRANTS.—The Director may make
grants, on a competitive basis, to hospitals that serve as
regional burn centers to conduct acute burn care research.
(d) OTHER
GRANTS.—The Director may make
grants, on a competitive basis, to governmental and non-
governmental entities to provide after-burn treatment and
counseling to individuals that are burn victims.
(e) REPORT.—
(1) IN GENERAL.—The Director of the Federal
Emergency Management Agency shall submit a re-
port to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
908
Transportation and Infrastructure of the House of
Representatives on the results of the grants provided
under this section.
(2) CONTENT.—The report shall contain the
following:
(A) A list of the organizations, hospitals,
or other entities to which the grants were pro-
vided and the purpose for which those entities
were provided grants.
(B) Efforts taken to ensure that potential
grant applicants are provided with information
necessary to develop an effective application.
(C) The Director’s assessment regarding
the appropriate level of funding that should be
provided annually through the grant program.
(D) The Director’s assessment regarding
the appropriate purposes for such grants.
(E) Any other information the Director de-
termines necessary.
(3) SUBMISSION
DATE.—The report shall be
submitted not later than February 1, 2002.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for the purposes of this
section amounts as follows:
(1) $10,000,000 for fiscal year 2001.
909
(2) $20,000,000 for fiscal year 2002.
SEC. 1704. STUDY AND DEMONSTRATION PROJECTS RE-
GARDING CASES OF HEPATITIS C AMONG
CERTAIN EMERGENCY RESPONSE EMPLOY-
EES.
(a) STUDY REGARDING PREVALENCE AMONG CER-
TAIN EMERGENCY RESPONSE EMPLOYEES.—
(1) IN GENERAL.—The Secretary of Health and
Human Services (referred to in this section as the
‘‘Secretary’’), in consultation with the Secretary of
Labor, shall conduct a study to determine—
(A) an estimate of the prevalence of hepa-
titis C among designated emergency response
employees in the United States; and
(B) the likely means through which such
employees become infected with such disease in
the course of performing their duties as such
employees.
(2) DESIGNATED EMERGENCY RESPONSE EM-
PLOYEES.—For purposes of this section, the term
‘‘designated emergency response employees’’ means
firefighters, paramedics, and emergency medical
technicians who are employees or volunteers of units
of local government.
910
(3) DATE CERTAIN FOR COMPLETION; REPORT
TO CONGRESS.—The Secretary shall commence the
study under paragraph (1) not later than 90 days
after the date of the enactment of this Act. Not later
that one year after such date, the Secretary shall
complete the study and submit to the Congress a re-
port describing the findings of the study.
(b) DEMONSTRATION PROJECTS REGARDING TRAIN-
ING AND TREATMENT.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Labor, shall make grants
to qualifying local governments for the purpose of
carrying out demonstration projects that (directly or
through arrangements with nonprofit private enti-
ties) carry out each of the following activities:
(A) Training designated emergency re-
sponse employees in minimizing the risk of in-
fection with hepatitis C in performing their du-
ties as such employees.
(B) Testing such employees for infection
with the disease.
(C) Treating the employees for the disease.
(2) QUALIFYING
LOCAL
GOVERNMENTS.—For
purposes of this section, the term ‘‘qualifying local
government’’ means a unit of local government
911
whose population of designated emergency response
employees has a prevalence of hepatitis C that is not
less than 200 percent of the national average for the
prevalence of such disease in such populations.
(3) CONFIDENTIALITY.—A grant may be made
under paragraph (1) only if the qualifying local gov-
ernment involved agrees to ensure that information
regarding the testing or treatment of designated
emergency response employees pursuant to the grant
is maintained confidentially in a manner not incon-
sistent with applicable law.
(4) EVALUATIONS.—The Secretary shall pro-
vide for an evaluation of each demonstration project
under paragraph (1) in order to determine the ex-
tent to which the project has been effective in carry
out the activities described in such paragraph.
(5) REPORT
TO
CONGRESS.—Not later than
180 days after the date on which all grants under
paragraph (1) have been expended, the Secretary
shall submit to Congress a report providing—
(A) a summary of evaluations under para-
graph (4); and
(B) the recommendations of the Secretary
for administrative or legislative initiatives re-
912
garding the activities described in paragraph
(1).
(c) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there is authorized
to be appropriated to the Department of Health and
Human 
Services 
and 
the 
Department 
of 
Labor
$10,000,000 for fiscal year 2001.
SEC. 1705. REPORT ON PROGRESS ON SPECTRUM SHARING.
(a) STUDY REQUIRED.—The Secretary of Defense, in
consultation with the Attorney General and the Secretary
of Commerce, shall provide for the conduct of an engineer-
ing study to identify—
(1) any portion of the 138-144 megahertz band
that the Department of Defense can share in various
geographic regions with public safety radio services;
(2) any measures required to prevent harmful
interference between Department of Defense systems
and the public safety systems proposed for operation
on those frequencies; and
(3) a reasonable schedule for implementation of
such sharing of frequencies.
(b) SUBMISSION OF INTERIM REPORT.—Within one
year after the date of enactment of this Act, the Secretary
of Defense shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services
913
of the House of Representatives an interim report on the
progress of the study conducted pursuant to subsection
(a).
(c) REPORT.—Not later than January 1, 2002, the
Secretary of Commerce and the Chairman of the Federal
Communications Commission shall jointly submit a report
to Congress on alternative frequencies available for use by
public safety systems.
SEC. 1706. SALE OR DONATION OF EXCESS DEFENSE PROP-
ERTY TO ASSIST FIREFIGHTING AGENCIES.
(a) TRANSFER AUTHORIZED.—Chapter 153 of title
10, United States Code, is amended by inserting after sec-
tion 2576a the following new section:
‘‘§ 2576b. Excess personal property: sale or donation
to assist firefighting agencies
‘‘(a) TRANSFER
AUTHORIZED.—Subject to sub-
section (b), the Secretary of Defense may transfer to a
firefighting agency in a State any personal property of the
Department of Defense that the Secretary determines is—
‘‘(1) excess to the needs of the Department of
Defense; and
‘‘(2) suitable for use in providing fire and emer-
gency medical services, including personal protective
equipment and equipment for communication and
monitoring.
914
‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of
Defense may transfer personal property under this section
only if—
‘‘(1) the property is drawn from existing stocks
of the Department of Defense;
‘‘(2) the recipient firefighting agency accepts
the property on an as-is, where-is basis;
‘‘(3) the transfer is made without the expendi-
ture of any funds available to the Department of
Defense for the procurement of defense equipment;
and
‘‘(4) all costs incurred subsequent to the trans-
fer of the property are borne or reimbursed by the
recipient.
‘‘(c) CONSIDERATION.—Subject to subsection (b)(4),
the Secretary may transfer personal property under this
section without charge to the recipient firefighting agency.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) STATE.—The term ‘State’ includes the
District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana
Islands, and any territory or possession of the
United States.
‘‘(2) FIREFIGHTING AGENCY.—The term ‘fire-
fighting agency’ means any volunteer, paid, or com-
915
bined departments that provide fire and emergency
medical services.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 2576a the following new
item:
‘‘2576b. Excess personal property: sale or donation to assist firefighting agen-
cies.’’.
SEC. 1707. IDENTIFICATION OF DEFENSE TECHNOLOGIES
SUITABLE FOR USE, OR CONVERSION FOR
USE, IN PROVIDING FIRE AND EMERGENCY
MEDICAL SERVICES.
(a) APPOINTMENT OF TASK FORCE; PURPOSE.—The
Secretary of Defense shall appoint a task force consisting
of representatives from the Department of Defense and
each of the seven major fire organizations identified in
subsection (b) to identify defense technologies and equip-
ment that—
(1) can be readily put to civilian use by fire
service and the emergency response agencies; and
(2) can be transferred to these agencies using
the authority provided by section 2576b of title 10,
United States Code, as added by section 1706 of
this Act.
916
(b) PARTICIPATING MAJOR FIRE ORGANIZATIONS.—
Members of the task force shall be appointed from each
of the following:
(1) The International Association of Fire
Chiefs.
(2) The International Association of Fire Fight-
ers.
(3) The National Volunteer Fire Council.
(4) The International Association of Arson In-
vestigators.
(5) The International Society of Fire Service
Instructors.
(6) The National Association of State Fire
Marshals.
(7) The National Fire Protection Association.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of De-
fense for activities of the task force $1,000,000 for fiscal
year 2001.
TITLE XVIII—IMPACT AID
Sec. 1801. Short title.
Sec. 1802. Purpose.
Sec. 1803. Payments relating to Federal acquisition of real property.
Sec. 1804. Payments for eligible federally connected children.
Sec. 1805. Maximum amount of basic support payments.
Sec. 1806. Basic support payments for heavily impacted local educational agen-
cies.
Sec. 1807. Basic support payments for local educational agencies affected by
removal of Federal property.
Sec. 1808. Additional payments for local educational agencies with high con-
centrations of children with severe disabilities.
917
Sec. 1809. Application for payments under sections 8002 and 8003.
Sec. 1810. Payments for sudden and substantial increases in attendance of
military dependents.
Sec. 1811. Construction.
Sec. 1812. State consideration of payments in providing State aid.
Sec. 1813. Federal administration.
Sec. 1814. Administrative hearings and judicial review.
Sec. 1815. Forgiveness of overpayments.
Sec. 1816. Definitions.
Sec. 1817. Authorization of appropriations.
Sec. 1818. Effective date.
SEC. 1801. SHORT TITLE.
This title may be cited as the ‘‘Impact Aid Reauthor-
ization Act of 2000’’.
SEC. 1802. PURPOSE.
Section 8001 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7701) is amended—
(1) in the matter preceding paragraph (1)—
(A) by inserting after ‘‘educational services
to federally connected children’’ the following:
‘‘in a manner that promotes control by local
educational agencies with little or no Federal or
State involvement’’; and
(B) by inserting after ‘‘certain activities of
the Federal Government’’ the following: ‘‘, such
as activities to fulfill the responsibilities of the
Federal Government with respect to Indian
tribes and activities under section 514 of the
Soldiers’ and Sailors’ Civil Relief Act of 1940
(50 U.S.C. App. 574),’’;
918
(2) in paragraph (4), by adding ‘‘or’’ at the
end;
(3) by striking paragraph (5);
(4) by redesignating paragraph (6) as para-
graph (5); and
(5) in paragraph (5) (as redesignated), by in-
serting before the period at the end the following:
‘‘and because of the difficulty of raising local rev-
enue through bond referendums for capital projects
due to the inability to tax Federal property’’.
SEC. 1803. PAYMENTS RELATING TO FEDERAL ACQUISI-
TION OF REAL PROPERTY.
(a) FISCAL YEAR REQUIREMENT.—Section 8002(a)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702(a)) is amended in the matter preceding
paragraph (1) by striking ‘‘1999’’ and inserting ‘‘2003’’.
(b) AMOUNT.—
(1) PROHIBITION ON REDUCTION IN AMOUNT
OF PAYMENT.—Section 8002(b)(1)(A)(i) of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 7702(b)(1)(A)(i)) is amended—
(A) by striking ‘‘(i) The amount’’ and in-
serting ‘‘(i)(I) Subject to subclauses (II) and
(III), the amount’’;
919
(B) by striking ‘‘, except that’’ and all that
follows through ‘‘Federal property’’; and
(C) by adding at the end the following:
‘‘(II) Except as provided in subclause (III), the
Secretary may not reduce the amount of a payment
under this section to a local educational agency for
a fiscal year by (aa) the amount equal to the
amount of revenue, if any, the agency received dur-
ing the previous fiscal year from activities conducted
on Federal property eligible under this section and
located in a school district served by the agency, in-
cluding amounts received from any Federal depart-
ment or agency (other than the Department of Edu-
cation) from such activities, by reason of receipt of
such revenue, or (bb) any other amount by reason
of receipt of such revenue.
‘‘(III) If the amount equal to the sum of (aa)
the proposed payment under this section to a local
educational agency for a fiscal year and (bb) the
amount of revenue described in subclause (II)(aa)
received by the agency during the previous fiscal
year, exceeds the maximum amount the agency is el-
igible to receive under this section for the fiscal year
involved, then the Secretary shall reduce the amount
920
of the proposed payment under this section by an
amount equal to such excess amount.’’.
(2) 
INSUFFICIENT
FUNDS.—Section
8002(b)(1)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(b)(1)(B)) is
amended by striking ‘‘shall ratably reduce the pay-
ment to each eligible local educational agency’’ and
inserting ‘‘shall calculate the payment for each eligi-
ble local educational agency in accordance with sub-
section (h)’’.
(3) MAXIMUM AMOUNT.—Section 8002(b)(1)(C)
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(b)(1)(C)) is amended by add-
ing at the end before the period the following: ‘‘, or
the maximum amount that such agency is eligible to
receive for such fiscal year under this section, which-
ever is greater’’.
(c) PAYMENTS WITH RESPECT TO FISCAL YEARS IN
WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—
Section 8002(h) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7702(h)) is amended to
read as follows:
‘‘(h) PAYMENTS WITH RESPECT TO FISCAL YEARS
IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—
For any fiscal year for which the amount appropriated
921
under section 8014(a) is insufficient to pay to each eligible
local educational agency the full amount determined under
subsection (b), the Secretary shall make payments to each
local educational agency under this section as follows:
‘‘(1) FOUNDATION PAYMENTS FOR PRE-1995 RE-
CIPIENTS.—
‘‘(A) IN
GENERAL.—The Secretary shall
first make a foundation payment to each local
educational agency that is eligible to receive a
payment under this section for the fiscal year
involved and was eligible to receive a payment
under section 2 of the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such
section was in effect on the day preceding the
date of the enactment of the Improving Amer-
ica’s Schools Act of 1994) for any of the fiscal
years 1989 through 1994.
‘‘(B) AMOUNT.—The amount of a payment
under subparagraph (A) for a local educational
agency shall be equal to 38 percent of the local
educational 
agency’s 
maximum 
entitlement
amount under section 2 of the Act of Sep-
tember 30, 1950, for fiscal year 1994 (or if the
local educational agency was not eligible to re-
ceive a payment under such section 2 for fiscal
922
year 1994, the local educational agency’s max-
imum entitlement amount under such section 2
for the most recent fiscal year preceding 1994).
‘‘(C) INSUFFICIENT APPROPRIATIONS.—If
the amount appropriated under section 8014(a)
is insufficient to pay the full amount deter-
mined under this paragraph for all eligible local
educational agencies for the fiscal year, then
the Secretary shall ratably reduce the payment
to each local educational agency under this
paragraph.
‘‘(2) PAYMENTS FOR 1995 RECIPIENTS.—
‘‘(A) IN
GENERAL.—From any amounts
remaining after making payments under para-
graph (1) for the fiscal year involved, the Sec-
retary shall make a payment to each eligible
local educational agency that received a pay-
ment under this section for fiscal year 1995.
‘‘(B) AMOUNT.—The amount of a payment
under subparagraph (A) for a local educational
agency shall be determined as follows:
‘‘(i) Calculate the difference between
the amount appropriated to carry out this
section for fiscal year 1995 and the total
923
amount of foundation payments made
under paragraph (1) for the fiscal year.
‘‘(ii) Determine the percentage share
for each local educational agency that re-
ceived a payment under this section for fis-
cal year 1995 by dividing the assessed
value of the Federal property of the local
educational agency for fiscal year 1995 de-
termined in accordance with subsection
(b)(3), by the total eligible national as-
sessed value of the eligible Federal prop-
erty of all such local educational agencies
for fiscal year 1995, as so determined.
‘‘(iii) Multiply the percentage share
described in clause (ii) for the local edu-
cational agency by the amount determined
under clause (i).
‘‘(3) SUBSECTION (i) RECIPIENTS.—From any
funds remaining after making payments under para-
graphs (1) and (2) for the fiscal year involved, the
Secretary shall make payments in accordance with
subsection (i).
‘‘(4) REMAINING FUNDS.—From any funds re-
maining after making payments under paragraphs
(1), (2), and (3) for the fiscal year involved—
924
‘‘(A) the Secretary shall make a payment
to each local educational agency that received a
foundation payment under paragraph (1) for
the fiscal year involved in an amount that bears
the same relation to 25 percent of the remain-
der as the amount the local educational agency
received under paragraph (1) for the fiscal year
involved bears to the amount all local edu-
cational agencies received under paragraph (1)
for the fiscal year involved; and
‘‘(B) the Secretary shall make a payment
to each local educational agency that is eligible
to receive a payment under this section for the
fiscal year involved in an amount that bears the
same relation to 75 percent of the remainder as
a percentage share determined for the local
educational agency (in the same manner as per-
centage shares are determined for local edu-
cational agencies under paragraph (2)(B)(ii))
bears to the percentage share determined (in
the same manner) for all local educational
agencies eligible to receive a payment under this
section for the fiscal year involved, except that
for the purpose of calculating a local edu-
cational agency’s assessed value of the Federal
925
property, data from the most current fiscal year
shall be used.’’.
(d) SPECIAL PAYMENTS.—
(1) IN GENERAL.—Section 8002(i)(1) of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 7702(i)(1)) is amended to read as follows:
‘‘(1) IN GENERAL.—For any fiscal year begin-
ning with fiscal year 2000 for which the amount ap-
propriated to carry out this section exceeds the
amount so appropriated for fiscal year 1996 and for
which subsection (b)(1)(B) applies, the Secretary
shall use the remainder described in subsection
(h)(3) for the fiscal year involved (not to exceed the
amount equal to the difference between (A) the
amount appropriated to carry out this section for
fiscal year 1997 and (B) the amount appropriated to
carry out this section for fiscal year 1996) to in-
crease the payment that would otherwise be made
under this section to not more than 50 percent of
the maximum amount determined under subsection
(b) for any local educational agency described in
paragraph (2).’’.
(2) CONFORMING AMENDMENT.—The heading
of section 8002(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(i)) is
926
amended by striking ‘‘PRIORITY’’ and inserting SPE-
CIAL’’.
(e) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL
EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROP-
ERTY ACQUISITION.—Section 8002(j)(2) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7702(j)(2)) is amended—
(1) by striking ‘‘(A) A local educational agen-
cy’’ and inserting ‘‘A local educational agency’’;
(2) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively; and
(3) in subparagraph (C) (as redesignated), by
adding at the end before the semicolon the following:
‘‘and, at the time at which the agency is applying
for a payment under this subsection, the agency
does not have a military installation located within
its geographic boundaries’’.
(f) PRIOR YEAR DATA.—Section 8002 of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7702) is amended by adding at the end the following:
‘‘(l) PRIOR YEAR DATA.—Notwithstanding any other
provision of this section, in determining the eligibility of
a local educational agency for a payment under subsection
(b) or (h)(4)(B) of this section for a fiscal year, and in
calculating the amount of such payment, the Secretary—
927
‘‘(1) shall use data from the prior fiscal year
with respect to the Federal property involved, includ-
ing data with respect to the assessed value of the
property and the real property tax rate for current
expenditures levied against or imputed to the prop-
erty; and
‘‘(2) shall use data from the second prior fiscal
year with respect to determining the amount of rev-
enue referred to in subsection (b)(1)(A)(i).’’.
(g) ELIGIBILITY.—Section 8002 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7702),
as amended by this section, is further amended by adding
at the end the following:
‘‘(m) ELIGIBILITY.—
‘‘(1) OLD
FEDERAL
PROPERTY.—Except as
provided in paragraph (2), a local educational agen-
cy that is eligible to receive a payment under this
section for Federal property acquired by the Federal
Government before the date of enactment of the Im-
pact Aid Reauthorization Act of 2000 shall be eligi-
ble to receive the payment only if the local edu-
cational agency submits an application for a pay-
ment under this section not later than 5 years after
the date of the enactment of such Act.
928
‘‘(2) COMBINED FEDERAL PROPERTY.—A local
educational agency that is eligible to receive a pay-
ment under this section for Federal property ac-
quired by the Federal Government before the date of
enactment of the Impact Aid Reauthorization Act of
2000 shall be eligible to receive the payment if—
‘‘(A) the Federal property, when combined
with other Federal property in the school dis-
trict served by the local educational agency ac-
quired by the Federal Government after the
date of the enactment of such Act, meets the
requirements of subsection (a); and
‘‘(B) the local educational agency submits
an application for a payment under this section
not later than 5 years after the date of acquisi-
tion of the Federal property acquired after the
date of the enactment of such Act.
‘‘(3) NEW FEDERAL PROPERTY.—A local edu-
cational agency that is eligible to receive a payment
under this section for Federal property acquired by
the Federal Government after the date of enactment
of the Impact Aid Reauthorization Act of 2000 shall
be eligible to receive the payment only if the local
educational agency submits an application for a pay-
929
ment under this section not later than 5 years after
the date of acquisition.’’.
SEC. 1804. PAYMENTS FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN.
(a) GENERAL AMENDMENTS.—Section 8003 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703) is amended—
(1) in subsection (a)(2)—
(A) by redesignating subparagraph (E) as
subparagraph (F);
(B) in subparagraph (D), by striking ‘‘sub-
paragraphs (D) and (E) of paragraph (1) by a
factor of .10’’ and inserting ‘‘subparagraph (D)
of paragraph (1) by a factor of .20’’; and
(C) by inserting after subparagraph (D)
the following:
‘‘(E) Multiply the number of children de-
scribed in subparagraph (E) of paragraph (1)
by a factor of .10.’’;
(2) in subsection (b)(1), by adding at the end
the following:
‘‘(D) DATA.—If satisfactory data from the
third preceding fiscal year are not available for
any of the expenditures described in clause (i)
or (ii) of subparagraph (C), the Secretary shall
930
use data from the most recent fiscal year for
which data that are satisfactory to the Sec-
retary are available.
‘‘(E) SPECIAL RULE.—For purposes of de-
termining the comparable local contribution
rate under subparagraph (C)(iii) for a local
educational 
agency 
described 
in 
section
222.39(c)(3) of title 34, Code of Federal Regu-
lations, that had its comparable local contribu-
tion rate for fiscal year 1998 calculated pursu-
ant to section 222.39 of title 34, Code of Fed-
eral Regulations, the Secretary shall determine
such comparable local contribution rate as the
rate upon which payments under this subsection
for fiscal year 2000 were made to the local edu-
cational agency adjusted by the percentage in-
crease or decrease in the per pupil expenditure
in the State serving the local educational agen-
cy calculated on the basis of the second most
recent preceding school year compared to the
third most recent preceding school year for
which school year data are available.’’; and
(3) by amending subsection (e) to read as fol-
lows:
‘‘(e) HOLD HARMLESS.—
931
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), the total amount the Secretary shall pay a
local educational agency under subsection (b)—
‘‘(A) for fiscal year 2001 shall not be less
than 85 percent of the total amount that the
local educational agency received under sub-
sections (b) and (f) for fiscal year 2000; and
‘‘(B) for fiscal year 2002 shall not be less
than 70 percent of the total amount that the
local educational agency received under sub-
sections (b) and (f) for fiscal year 2000.
‘‘(2) MAXIMUM
AMOUNT.—The total amount
provided to a local educational agency under sub-
paragraph (A) or (B) of paragraph (1) for a fiscal
year shall not exceed the maximum basic support
payment amount for such agency determined under
paragraph (1) or (2) of subsection (b), as the case
may be.
‘‘(3) RATABLE REDUCTIONS.—
‘‘(A) IN
GENERAL.—If the sums made
available under this title for any fiscal year are
insufficient to pay the full amounts that all
local educational agencies in all States are eligi-
ble to receive under paragraph (1) for such
932
year, then the Secretary shall ratably reduce
the payments to all such agencies for such year.
‘‘(B) ADDITIONAL
FUNDS.—If additional
funds become available for making payments
under paragraph (1) for such fiscal year, pay-
ments that were reduced under subparagraph
(A) shall be increased on the same basis as
such payments were reduced.’’.
(b) MILITARY INSTALLATION AND INDIAN HOUSING
UNDERGOING RENOVATION OR REBUILDING.—
(1) IN GENERAL.—Section 8003(a)(4) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(a)) is amended—
(A) in the heading—
(i) by inserting ‘‘AND INDIAN’’ after
‘‘MILITARY INSTALLATION’’; and
(ii) by inserting ‘‘OR
REBUILDING’’
after ‘‘RENOVATION’’;
(B) by striking ‘‘For purposes’’ and insert-
ing the following:
‘‘(A) IN GENERAL.—(i) For purposes’’;
(C) in subparagraph (A)(i) (as designated
by subparagraph (B)), by inserting ‘‘or rebuild-
ing’’ after ‘‘undergoing renovation’’; and
(D) by adding at the end the following:
933
‘‘(ii) For purposes of computing the
amount of a payment for a local educational
agency that received a payment for children
that resided on Indian lands in accordance with
paragraph (1)(C) for the fiscal year prior to the
fiscal year for which the local educational agen-
cy is making an application, the Secretary shall
consider such children to be children described
in paragraph (1)(C) if the Secretary deter-
mines, on the basis of a certification provided
to the Secretary by a designated representative
of the Secretary of the Interior or the Secretary
of Housing and Urban Development, that such
children would have resided in housing on In-
dian lands in accordance with paragraph (1)(C)
except that such housing was undergoing ren-
ovation or rebuilding on the date for which the
Secretary determines the number of children
under paragraph (1).
‘‘(B) LIMITATIONS.—(i)(I) Children de-
scribed in paragraph (1)(D)(i) may be deemed
to be children described in paragraph (1)(B)
with respect to housing on Federal property un-
dergoing renovation or rebuilding in accordance
934
with subparagraph (A)(i) for a period not to ex-
ceed 3 fiscal years.
‘‘(II) The number of children described in
paragraph (1)(D)(i) who are deemed to be chil-
dren described in paragraph (1)(B) with respect
to housing on Federal property undergoing ren-
ovation or rebuilding in accordance with sub-
paragraph (A)(i) for any fiscal year may not ex-
ceed the maximum number of children who are
expected to occupy that housing upon comple-
tion of the renovation or rebuilding.
‘‘(ii)(I) Children that resided on Indian
lands in accordance with paragraph (1)(C) for
the fiscal year prior to the fiscal year for which
the local educational agency is making an appli-
cation may be deemed to be children described
in paragraph (1)(C) with respect to housing on
Indian lands undergoing renovation or rebuild-
ing in accordance with subparagraph (A)(ii) for
a period not to exceed 3 fiscal years.
‘‘(II) The number of children that resided
on Indian lands in accordance with paragraph
(1)(C) for the fiscal year prior to the fiscal year
for which the local educational agency is mak-
ing an application who are deemed to be chil-
935
dren described in paragraph (1)(C) with respect
to housing on Indian lands undergoing renova-
tion or rebuilding in accordance with subpara-
graph (A)(ii) for any fiscal year may not exceed
the maximum number of children who are ex-
pected to occupy that housing upon completion
of the renovation or rebuilding.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply with respect to pay-
ments to a local educational agency for fiscal years
beginning before, on, or after the date of the enact-
ment of this Act.
(c) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUS-
ING.—Section 8003(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)) is amended
by adding at the end the following:
‘‘(5) MILITARY ‘BUILD
TO
LEASE’ PROGRAM
HOUSING.—
‘‘(A) IN GENERAL.—For purposes of com-
puting the amount of payment for a local edu-
cational agency for children identified under
paragraph (1), the Secretary shall consider chil-
dren residing in housing initially acquired or
constructed under the former section 2828(g) of
title 10, United States Code (commonly known
936
as the ‘Build to Lease’ program), as added by
section 801 of the Military Construction Au-
thorization Act, 1984, to be children described
under paragraph (1)(B) if the property de-
scribed is within the fenced security perimeter
of the military facility upon which such housing
is situated.
‘‘(B) ADDITIONAL REQUIREMENTS.—If the
property described in subparagraph (A) is not
owned by the Federal Government, is subject to
taxation by a State or political subdivision of a
State, and thereby generates revenues for a
local educational agency that is applying to re-
ceive a payment under this section, then the
Secretary—
‘‘(i) shall require the local educational
agency to provide certification from an ap-
propriate official of the Department of De-
fense that the property is being used to
provide military housing; and
‘‘(ii) shall reduce the amount of the
payment under this section by an amount
equal to the amount of revenue from such
taxation received in the second preceding
fiscal year by such local educational agen-
937
cy, unless the amount of such revenue was
taken into account by the State for such
second preceding fiscal year and already
resulted in a reduction in the amount of
State aid paid to such local educational
agency.’’.
SEC. 1805. MAXIMUM AMOUNT OF BASIC SUPPORT PAY-
MENTS.
Section 8003(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(1)), as amend-
ed by this Act, is further amended by adding at the end
the following:
‘‘(F) INCREASE IN LOCAL CONTRIBUTION
RATE
DUE
TO
UNUSUAL
GEOGRAPHIC
FAC-
TORS.—If the current expenditures in those
local educational agencies which the Secretary
has determined to be generally comparable to
the local educational agency for which a com-
putation is made under subparagraph (C) are
not reasonably comparable because of unusual
geographical factors which affect the current
expenditures necessary to maintain, in such
agency, a level of education equivalent to that
maintained in such other agencies, then the
Secretary shall increase the local contribution
938
rate for such agency under subparagraph
(C)(iii) by such an amount which the Secretary
determines will compensate such agency for the
increase in current expenditures necessitated by
such unusual geographical factors. The amount
of any such supplementary payment may not
exceed the per-pupil share (computed with re-
gard to all children in average daily attend-
ance), as determined by the Secretary, of the
increased current expenditures necessitated by
such unusual geographic factors.’’.
SEC. 1806. BASIC SUPPORT PAYMENTS FOR HEAVILY IM-
PACTED LOCAL EDUCATIONAL AGENCIES.
(a) IN GENERAL.—Section 8003(b) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) BASIC SUPPORT PAYMENTS FOR HEAVILY
IMPACTED LOCAL EDUCATIONAL AGENCIES.—
‘‘(A) IN GENERAL.—(i) From the amount
appropriated under section 8014(b) for a fiscal
year, the Secretary is authorized to make basic
939
support payments to eligible heavily impacted
local educational agencies with children de-
scribed in subsection (a).
‘‘(ii) A local educational agency that re-
ceives a basic support payment under this para-
graph for a fiscal year shall not be eligible to
receive a basic support payment under para-
graph (1) for that fiscal year.
‘‘(B) ELIGIBILITY FOR CONTINUING HEAV-
ILY
IMPACTED
LOCAL
EDUCATIONAL
AGEN-
CIES.—
‘‘(i) IN
GENERAL.—A heavily im-
pacted local educational agency is eligible
to receive a basic support payment under
subparagraph (A) with respect to a num-
ber of children determined under sub-
section (a)(1) if the agency—
(I) received an additional assist-
ance payment under subsection (f) (as
such subsection was in effect on the
day before the date of the enactment
of the Impact Aid Reauthorization
Act of 2000) for fiscal year 2000; and
940
‘‘(II)(aa) is a local educational
agency whose boundaries are the same
as a Federal military installation;
‘‘(bb) has an enrollment of chil-
dren described in subsection (a)(1)
that constitutes a percentage of the
total student enrollment of the agency
which is not less than 35 percent, has
a per-pupil expenditure that is less
than the average per-pupil expendi-
ture of the State in which the agency
is located or the average per-pupil ex-
penditure of all States (whichever av-
erage per-pupil expenditure is great-
er), except that a local educational
agency with a total student enrollment
of less than 350 students shall be
deemed to have satisfied such per-
pupil expenditure requirement, and
has a tax rate for general fund pur-
poses which is not less than 95 per-
cent of the average tax rate for gen-
eral fund purposes of local educational
agencies in the State;
941
‘‘(cc) has an enrollment of chil-
dren described in subsection (a)(1)
that constitutes a percentage of the
total student enrollment of the agency
which is not less than 30 percent, and
has a tax rate for general fund pur-
poses which is not less than 125 per-
cent of the average tax rate for gen-
eral fund purposes for comparable
local educational agencies in the
State;
‘‘(dd) has a total student enroll-
ment of not less than 25,000 stu-
dents, of which not less than 50 per-
cent are children described in sub-
section (a)(1) and not less than 6,000
of such children are children described
in subparagraphs (A) and (B) of sub-
section (a)(1); or
‘‘(ee) meets the requirements of
subsection (f)(2) applying the data re-
quirements of subsection (f)(4) (as
such subsections were in effect on the
day before the date of the enactment
942
of the Impact Aid Reauthorization
Act of 2000).
‘‘(ii) LOSS OF ELIGIBILITY.—A heav-
ily impacted local educational agency that
met the requirements of clause (i) for a
fiscal year shall be ineligible to receive a
basic support payment under subpara-
graph (A) if the agency fails to meet the
requirements of clause (i) for a subsequent
fiscal year, except that such agency shall
continue to receive a basic support pay-
ment under this paragraph for the fiscal
year for which the ineligibility determina-
tion is made.
‘‘(iii) RESUMPTION OF ELIGIBILITY.—
A heavily impacted local educational agen-
cy described in clause (i) that becomes in-
eligible under such clause for 1 or more
fiscal years may resume eligibility for a
basic support payment under this para-
graph for a subsequent fiscal year only if
the agency meets the requirements of
clause (i) for that subsequent fiscal year,
except that such agency shall not receive a
basic support payment under this para-
943
graph until the fiscal year succeeding the
fiscal year for which the eligibility deter-
mination is made.
‘‘(C) ELIGIBILITY FOR NEW HEAVILY IM-
PACTED LOCAL EDUCATIONAL AGENCIES.—
‘‘(i) IN
GENERAL.—A heavily im-
pacted local educational agency that did
not receive an additional assistance pay-
ment under subsection (f) (as such sub-
section was in effect on the day before the
date of the enactment of the Impact Aid
Reauthorization Act of 2000) for fiscal
year 2000 is eligible to receive a basic sup-
port payment under subparagraph (A) for
fiscal year 2002 and any subsequent fiscal
year with respect to a number of children
determined under subsection (a)(1) only if
the agency is a local educational agency
whose boundaries are the same as a Fed-
eral military installation, or the agency—
‘‘(I) has an enrollment of chil-
dren described in subsection (a)(1)
that constitutes a percentage of the
total student enrollment of the agency
that—
944
‘‘(aa) is not less than 50
percent if such agency receives a
payment on behalf of children de-
scribed in subparagraphs (F) and
(G) of such subsection; or
‘‘(bb) is not less than 40
percent if such agency does not
receive a payment on behalf of
such children;
‘‘(II)(aa) for a local educational
agency that has a total student enroll-
ment of 350 or more students, has a
per-pupil expenditure that is less than
the average per-pupil expenditure of
the State in which the agency is lo-
cated; or
‘‘(bb) for a local educational
agency that has a total student enroll-
ment of less than 350 students, has a
per-pupil expenditure that is less than
the average per-pupil expenditure of a
comparable local educational agency
in the State in which the agency is lo-
cated; and
945
‘‘(III) has a tax rate for general
fund purposes that is at least 95 per-
cent of the average tax rate for gen-
eral fund purposes of comparable local
educational agencies in the State.
‘‘(ii) RESUMPTION OF ELIGIBILITY.—
A heavily impacted local educational agen-
cy described in clause (i) that becomes in-
eligible under such clause for 1 or more
fiscal years may resume eligibility for a
basic support payment under this para-
graph for a subsequent fiscal year only if
the agency is a local educational agency
whose boundaries are the same as a Fed-
eral military installation, or meets the re-
quirements of clause (i), for that subse-
quent fiscal year, except that such agency
shall continue to receive a basic support
payment under this paragraph for the fis-
cal year for which the ineligibility deter-
mination is made.
‘‘(iii) APPLICATION.—With respect to
the first fiscal year for which a heavily im-
pacted local educational agency described
in clause (i) applies for a basic support
946
payment under subparagraph (A), or with
respect to the first fiscal year for which a
heavily impacted local educational agency
applies for a basic support payment under
subparagraph (A) after becoming ineligible
under clause (i) for 1 or more preceding
fiscal years, the agency shall apply for
such payment at least 1 year prior to the
start of that first fiscal year.
‘‘(D) MAXIMUM
AMOUNT
FOR
REGULAR
HEAVILY
IMPACTED
LOCAL
EDUCATIONAL
AGENCIES.—(i) Except as provided in subpara-
graph (E), the maximum amount that a heavily
impacted local educational agency is eligible to
receive under this paragraph for any fiscal year
is the sum of the total weighted student units,
as computed under subsection (a)(2) and sub-
ject to clause (ii), multiplied by the greater of—
‘‘(I) four-fifths of the average per-
pupil expenditure of the State in which the
local educational agency is located for the
third fiscal year preceding the fiscal year
for which the determination is made; or
‘‘(II) four-fifths of the average per-
pupil expenditure of all of the States for