SECTION 1. DEFINITIONS.

    Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is
amended--
            (1) by redesignating--
                    (A) paragraphs (1) through (4) as paragraphs (2)
                through (5), respectively;
                    (B) paragraphs (5) through (10) as paragraphs (7)
                through (12), respectively; and
                    (C) paragraphs (12) through (21) as paragraphs (13)
                through (22), respectively;
            (2) by adding before paragraph (2) (as so redesignated) the
        following:
            ``(1) Affected parties.--The term `affected party' means
        any person, including a business entity, or any State, tribal
        government, or local subdivision the rights of which may be
        affected by a determination made under section 4(a) in a suit
        brought under section 11(g)(1)(C).''; and
            (3) by adding after paragraph (5) (as so redesignated) the
        following:
            ``(6) Covered settlement.--The term `covered settlement'
        means a consent decree or a settlement agreement in an action
        brought under section 11(g)(1)(C).''.

SEC. 2. INTERVENTION; APPROVAL OF COVERED SETTLEMENT.

    Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C.
1540) is amended--
            (1) in paragraph (3), by adding at the end the following:
                    ``(C) Publishing complaint; intervention.--
                            ``(i) Publishing complaint.--
                                    ``(I) In general.--Not later than
                                30 days after the date on which the
                                plaintiff serves the defendant with the
                                complaint in an action brought under
                                paragraph (1)(C) in accordance with
                                Rule 4 of the Federal Rules of Civil
                                Procedure, the Secretary of the
                                Interior shall publish the complaint in
                                a readily accessible manner, including
                                electronically.
                                    ``(II) Failure to meet deadline.--
                                The failure of the Secretary to meet
                                the 30-day deadline described in
                                subclause (I) shall not be the basis
                                for an action under paragraph (1)(C).
                            ``(ii) Intervention.--
                                    ``(I) In general.--After the end of
                                the 30-day period described in clause
                                (i), each affected party shall be given
                                a reasonable opportunity to move to
                                intervene in the action described in
                                clause (i), until the end of which a
                                party may not file a motion for a
                                consent decree or to dismiss the case
                                pursuant to a settlement agreement.
                                    ``(II) Rebuttable presumption.--In
                                considering a motion to intervene by
                                any affected party, the court shall
                                presume, subject to rebuttal, that the
                                interests of that party would not be
                                represented adequately by the parties
                                to the action described in clause (i).
                                    ``(III) Referral to alternative
                                dispute resolution.--
                                            ``(aa) In general.--If the
                                        court grants a motion to
                                        intervene in the action, the
                                        court shall refer the action to
                                        facilitate settlement
                                        discussions to--

                                                    ``(AA) the
                                                mediation program of
                                                the court; or

                                                    ``(BB) a magistrate
                                                judge.

                                            ``(bb) Parties included in
                                        settlement discussions.--The
                                        settlement discussions
                                        described in item (aa) shall
                                        include each--

                                                    ``(AA) plaintiff;

                                                    ``(BB) defendant
                                                agency; and

                                                    ``(CC)
                                                intervenor.'';

            (2) by striking paragraph (4) and inserting the following:
            ``(4) Litigation costs.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), the court, in issuing any final order
                in any suit brought under paragraph (1), may award
                costs of litigation (including reasonable attorney and
                expert witness fees) to any party, whenever the court
                determines such award is appropriate.
                    ``(B) Covered settlement.--
                            ``(i) Consent decrees.--The court shall not
                        award costs of litigation in any proposed
                        covered settlement that is a consent decree.
                            ``(ii) Other covered settlements.--
                                    ``(I) In general.--For a proposed
                                covered settlement other than a consent
                                decree, the court shall ensure that the
                                covered settlement does not include
                                payment to any plaintiff for the costs
                                of litigation.
                                    ``(II) Motions.--The court shall
                                not grant any motion, including a
                                motion to dismiss, based on the
                                proposed covered settlement described
                                in subclause (I) if the covered
                                settlement includes payment to any
                                plaintiff for the costs of
                                litigation.''; and
            (3) by adding at the end the following:
            ``(6) Approval of covered settlement.--
                    ``(A) Definition of species.--In this paragraph,
                the term `species' means a species that is the subject
                of an action brought under paragraph (1)(C).
                    ``(B) In general.--
                            ``(i) Consent decrees.--The court shall not
                        approve a proposed covered settlement that is a
                        consent decree unless each State and county in
                        which the Secretary of the Interior believes a
                        species occurs approves the covered settlement.
                            ``(ii) Other covered settlements.--
                                    ``(I) In general.--For a proposed
                                covered settlement other than a consent
                                decree, the court shall ensure that the
                                covered settlement is approved by each
                                State and county in which the Secretary
                                of the Interior believes a species
                                occurs.
                                    ``(II) Motions.--The court shall
                                not grant any motion, including a
                                motion to dismiss, based on the
                                proposed covered settlement described
                                in subclause (I) unless the covered
                                settlement is approved by each State
                                and county in which the Secretary of
                                the Interior believes a species occurs.
                    ``(C) Notice.--
                            ``(i) In general.--The Secretary of the
                        Interior shall provide each State and county in
                        which the Secretary of the Interior believes a
                        species occurs notice of a proposed covered
                        settlement.
                            ``(ii) Determination of relevant states and
                        counties.--The defendant in a covered
                        settlement shall consult with each State
                        described in clause (i) to determine each
                        county in which the Secretary of the Interior
                        believes a species occurs.
                    ``(D) Failure to respond.--The court may approve a
                covered settlement or grant a motion described in
                subparagraph (B)(ii)(II) if, not later than 45 days
                after the date on which a State or county is notified
                under subparagraph (C)--
                            ``(i)(I) a State or county fails to
                        respond; and
                            ``(II) of the States or counties that
                        respond, each State or county approves the
                        covered settlement; or
                            ``(ii) all of the States and counties fail
                        to respond.
                    ``(E) Proof of approval.--The defendant in a
                covered settlement shall prove any State or county
                approval described in this paragraph in a form--
                            ``(i) acceptable to the State or county, as
                        applicable; and
                            ``(ii) signed by the State or county
                        official authorized to approve the covered
                        settlement.''.

Summary: Amends the Endangered Species Act of 1973 to require the Secretary of the Interior, within 30 days after being served with a complaint in an action alleging a failure to perform an act or duty related to an endangered species or threatened species determination, to publish the complaint. Prohibits the failure of the Secretary to meet such deadline from being the basis for such an action. Sets forth requirements concerning the intervention in such actions by affected parties and referral to a mediation program. Authorizes the court, in issuing any final order in such an action, to award litigation costs to any party. Prohibits the court from: (1) awarding litigation costs in any proposed covered settlement, (2) granting a motion that is based on a proposed covered settlement or other consent decree that includes payment for litigation costs, (3) approving a proposed covered settlement unless each state and county in which the Secretary believes a species occurs approves it, or (4) granting a motion that is based on a proposed covered settlement unless such settlement is approved by each such state and county. Requires the courts to ensure that such a settlement is approved by each such state and county. Requires the Secretary to provide notice of a proposed covered settlement to each such state and county. Authorizes a court to approve such a settlement or grant such a motion if, within 45 days of notification, a: (1) state or county fails to respond, and (2) each state or county that responds approves the covered settlement, or (3) all of the states and counties fail to respond.

A bill to amend the Endangered Species Act of 1973 to establish a procedure for approval of certain settlements.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Neighborhood Rescue and
Stabilization Act of 2008''.

SEC. 2. EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF ABANDONED AND
              FORECLOSED HOMES.

    (a) Direct Appropriations.--There is authorized to be appropriated
for fiscal year 2008, $10,000,000,000, to remain available until
expended, for assistance to States, qualified metropolitan cities, and
units of general local government for the redevelopment of abandoned
and foreclosed homes.
    (b) Allocation of Appropriated Amounts.--
            (1) Allocation by hud for states.--Any amounts appropriated
        or otherwise made available pursuant to this section shall be
        allocated by the Secretary of Housing and Urban Development
        among the States, and provided to the States, in amounts
        determined according to the funding formula established
        pursuant to paragraph (2).
            (2) Formula for allocation among states.--
                    (A) Establishment.--Not later than 60 days after
                the date of the enactment of this Act, the Secretary
                shall establish a funding formula under this paragraph.
                    (B) Criteria.--The funding formula under this
                paragraph shall provide that, of the aggregate amount
                appropriated or otherwise made available pursuant to
                this section, the amount allocated for each State shall
                be the amount that bears the same ratio to such
                aggregate amount as the number of foreclosures on
                mortgages for homes occurring in such State during the
                most recently completed two calendar quarters for which
                such information is available, as determined by the
                Secretary, bears to the aggregate number of such
                foreclosures occurring in all States during such
                calendar quarters, as such amount is adjusted to
                account for differences in the States in--
                            (i) the number and percentage of homes in a
                        State that are financed by a subprime mortgage
                        related loan;
                            (ii) the number and percentage of homes in
                        a State in default or delinquency; and
                            (iii) the median home price in a State.
            (3) Distribution.--Amounts appropriated or otherwise made
        available under this section shall be distributed to the States
        according to the funding formula required under paragraph (2)
        not later than 30 days after the establishment of such formula.
            (4) Allocation by states for qualified metropolitan
        cities.--
                    (A) Requirement to allocate.--Of any amounts
                allocated pursuant to this subsection for a State, such
                State shall allocate for each qualified metropolitan
                city located in such State an amount, as determined
                according to the funding formula established pursuant
                to subparagraph (B).
                    (B) Formula for allocation among states.--
                            (i) Establishment.--Not later than 60 days
                        after the date of the enactment of this Act,
                        the Secretary shall establish a funding formula
                        under this subparagraph.
                            (ii) Criteria.--The funding formula under
                        this subparagraph shall provide that, of the
                        aggregate amount allocated pursuant to this
                        subsection for a State, the amount allocated
                        for a qualified metropolitan city located in
                        the State shall be the amount that bears the
                        same ratio to such aggregate amount as the
                        number of foreclosures on mortgages for homes
                        occurring in such qualified metropolitan city
                        during the most recently completed two calendar
                        quarters for which such information is
                        available, as determined by the Secretary,
                        bears to the aggregate number of such
                        foreclosures occurring in such State during
                        such calendar quarters, as such amount is
                        adjusted to account for differences between the
                        qualified metropolitan city in and State in--
                                    (I) the percentage of homes that
                                are financed by a subprime mortgage
                                related loan;
                                    (II) the percentage of homes in
                                default or delinquency; and
                                    (III) the median home price.
            (5) Other amounts.--Any amounts allocated for a State that
        are not allocated for a qualified metropolitan city pursuant to
        paragraph (4) may be used for any units of general local
        government in the State.
    (c) Use of Funds.--
            (1) In general.--Any State, qualified metropolitan city, or
        unit of general local government that receives amounts pursuant
        to this section shall, not later than 18 months after the
        receipt of such amounts, use such amounts to redevelop
        abandoned and foreclosed homes.
            (2) Priority.--Any State, qualified metropolitan city, or
        unit of general local government that receives amounts pursuant
        to this section shall in distributing such amounts give
        priority emphasis and consideration to those metropolitan
        areas, metropolitan cities, urban areas, rural areas, low- and
        moderate-income areas, and other areas with the greatest need,
        including those--
                    (A) with the greatest percentage of home
                foreclosures;
                    (B) with the highest percentage of homes financed
                by a subprime mortgage related loan; or
                    (C) identified by the State, qualified metropolitan
                city, or unit of general local government as likely to
                face a significant rise in the rate of home
                foreclosures.
            (3) Eligible uses.--
                    (A) In general.--Amounts made available under this
                section may be used only as follows:
                            (i) Financial assistance through
                        institutions and organizations.--To make
                        grants, loans, and other financing mechanisms
                        to community development financial institutions
                        (as such term is defined under section 103(5)
                        of the Community Development Banking and
                        Financial Institutions Act of 1994 (12 U.S.C.
                        4702(5))), national intermediaries, and
                        nonprofit housing or community development
                        organizations and others to purchase and
                        rehabilitate homes that have been abandoned or
                        foreclosed upon, in order to sell, rent, or
                        redevelop such homes.
                            (ii) Financing mechanisms for
                        redevelopment.--To establish financing
                        mechanisms for redevelopment of foreclosed upon
                        homes, including such mechanisms as soft-
                        seconds, loan loss reserves, and shared-equity
                        loans for low- and moderate-income homebuyers.
                            (iii) Purchase and rehabilitation for sale
                        or rental.--To purchase and rehabilitate homes
                        that have been abandoned or foreclosed upon, in
                        order to sell, rent, or redevelop such homes.
                            (iv) Land banks.--To establish land banks
                        for homes that have been foreclosed upon.
                            (v) Demolition.--To demolish blighted
                        structures.
                            (vi) Project-based rental assistance.--To
                        provide rental assistance for low- and
                        moderate-income persons (as such term is
                        defined in section 102 of the Housing and
                        Community Development Act of 1974 (42 U.S.C.
                        5302)) that is attached to single family and
                        multifamily residences.
                            (vii) Project operating reserves.--To
                        provide grants for use to cover the loss of
                        rental assistance or in conjunction with a
                        project loan that is attached to single family
                        and multifamily residences.
                            (viii) Project operating subsidies.--To
                        fund project operating accounts used to cover
                        net operating income shortfalls for single and
                        multifamily residences. Eligible operating
                        costs shall include costs of management, taxes,
                        handling, insurance, and other related costs.
                            (ix) CDBG-eligible activities.--To carry
                        out any activities that, under section 105 of
                        the Housing and Community Development Act of
                        1974 (42 U.S.C. 5305), are eligible to be
                        carried out with amounts provided under title I
                        of such Act.
                    (B) Limitation.--Any funds used under this section
                for the purchase of an abandoned or foreclosed upon
                home shall be at a cost equal to or less than the
                appraised value of the home based on the most up-to-
                date appraisal, as such appraisal is defined by the
                Secretary.
    (d) Rule of Construction.--Amounts appropriated or otherwise made
available to States, qualified metropolitan cities, and units of
general local government under this section shall be treated as though
such funds were community development block grant funds under title I
of the Housing and Community Development Act of 1974.
    (e) Waiver Authority.--
            (1) In general.--In administering any amounts appropriated
        or otherwise made available under this section, the Secretary
        may waive, or specify alternative requirements for, any
        provision of any statute or regulation that the Secretary
        administers (but not including the requirements of this
        section) in connection with the obligation by the Secretary or
        the use by the recipient of such funds (except for requirements
        related to fair housing, nondiscrimination, labor standards,
        and the environment), in order to expedite or facilitate the
        use of such funds.
            (2) Low and moderate income requirement.--Notwithstanding
        the authority of the Secretary under paragraph (1)--
                    (A) all of the funds appropriated or otherwise made
                available under this section shall be used with respect
                to persons whose incomes do not exceed 120 percent of
                area median income; and
                    (B) not less than 25 percent of the funds made
                available under this section to any State, qualified
                metropolitan city, or unit of general local government
                shall be used with respect to persons whose incomes do
                not exceed 30 percent of the area median income.
    (f) Definitions.--For purposes of this Act, the following
definitions shall apply:
            (1) Qualified metropolitan city.--The term ``qualified
        metropolitan city'' means a metropolitan city, as such term is
        defined in section 102 of the Housing and Community Development
        Act of 1974 (42 U.S.C. 5302), that has a population of not less
        than 200,000, as determined by the 2000 decennial census.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.
            (3) State; unit of general local government.--The terms
        ``State'' and ``unit of general local government'' have the
        meanings given such terms in section 102 of the Housing and
        Community Development Act of 1974 (42 U.S.C. 5302).
    (g) Emergency Designation.--The amounts appropriated under this
title are designated as an emergency requirement and necessary to meet
emergency needs pursuant to section 204 of S . Con. Res. 21 (110th
Congress), the concurrent resolution on the budget for fiscal year
2008.

Summary: Neighborhood Rescue and Stabilization Act of 2008 - Authorizes for FY2008 appropriations for assistance to states and local governmental units for the redevelopment of abandoned and foreclosed homes. Requires the Secretary of Housing and Urban Development (HUD) to allocate the funds among the states according to a funding formula reflecting the ratio that home mortgage foreclosures occurring in a state bears to the aggregate number of such foreclosures occurring in all states. Requires states to allocate funds to qualified metropolitan cities according to a similar formula. Requires states and local governmental units to give priority to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those: (1) with the greatest percentage of home foreclosures. (2) with the highest percentage of homes financed by a subprime mortgage related loan. Or (3) identified as likely to face a significant rise in the rate of home foreclosures. Cites eligible uses and redevelopment financing mechanisms. Sets forth low- and moderate-income requirements for the use of all funds made available under this Act.

To provide economic stimulus through emergency community development block grant assistance for the redevelopment of abandoned and foreclosed homes.


SECTION 1. RELIEF WITH RESPECT TO RENT AND MORTGAGE PAYMENTS FOR
              RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY.

    (a) Rent and Mortgage Relief.--Title III of the Servicemembers
Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by adding at
the end the following new section:

``SEC. 309. RENT AND MORTGAGE RELIEF.

    ``(a) Rent.--A member of a reserve component who is ordered to
report for military service for a period of more than 90 days and who
on the date of such order is a lessee of real property that is occupied
by the member or dependents of the member as the primary residence of
the member or dependents shall not be required to pay rent under that
lease for any period of such military service during which the member
is assigned to duty at a location sufficiently distant from such
property that the member is unable to reside at such property.
    ``(b) Mortgages.--
            ``(1) In general.--A member of a reserve component who is
        ordered to report for military service for a period of more
        than 90 days and who on the date of such order resides at real
        property that is occupied by the member or dependents of the
        member as the primary residence of the member or dependents, is
        owned by the member, and is secured by a mortgage shall be not
        be required during the period of such military service to make
        any payment of principal or interest on the mortgage. Any
        payment not paid by reason of the preceding sentence shall be
        deferred and shall be appended, on a month-for-month basis, to
        the end of the term of the mortgage, in the same amount as
        originally due.
            ``(2) Mortgage.--In this subsection, the term `mortgage'
        includes a trust deed or other security in the nature of a
        mortgage.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 308
the following new item:

``Sec. 309. Rent and mortgage relief.''.
    (c) Effective Date.--Section 309 of the Servicemembers Civil Relief
Act, as added by subsection (a), shall apply with respect to
obligations to make lease payments or mortgage payments that become due
on or after the date of the enactment of this Act.

SEC. 2. REFUNDABLE TAX CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF
              FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:

``SEC. 36. CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF FOR RESERVE
              COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY.

    ``(a) General Rule.--In the case of a lessor, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the reserve component rent relief
credit.
    ``(b) Limitation Based on Previous Rent.--For purposes of this
section--
            ``(1) In general.--In the case of a property which was
        rented for the entire preceding taxable year, the amount taken
        into account under this section as rent not received with
        respect to such property shall not exceed the amount for which
        such property was rented for the preceding taxable year.
            ``(2) Property rented for less than full year.--In the case
        of a property which was rented for less than the entire
        preceding taxable year, the amount taken into account under
        this section as rent not received with respect to such property
        shall not exceed the amount for which such property was rented
        for the preceding taxable year, annualized under such methods
        as the Secretary may prescribe by regulation.
            ``(3) Property not rented during preceding year.--This
        subsection shall not apply in the case of a property which was
        not rented during the preceding taxable year.
    ``(c) Reserve Component Rent Relief Credit.--For purposes of
subsection (a), the reserve component rent relief credit for a taxable
year is the aggregate amount of rent not received on leases held by the
taxpayer by reason of section 309(a) of the Servicemembers Civil Relief
Act.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter with respect to amounts taken into account in
determining the credit allowed under this section.
    ``(e) Regulations.--The Secretary shall issue such regulations as
may be necessary or appropriate to carry out this section.''.
    (b) Technical Amendment.--Paragraph (2) of section 1324(b) of title
31, United States Code, is amended by inserting ``or from section 36 of
such Code'' before the period at the end.
    (c) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by redesignating the item relating to section 36 as an
item relating to section 37 and by inserting after the item relating to
section 35 the following new item:

``Sec. 36. Credit for lessors with respect to rent relief for reserve
                            components members ordered to active
                            duty.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Summary: Amends the Servicemembers Civil Relief Act to allow a military reservist who is ordered to active duty for a period of more than 90 days: (1) an exemption during the period of active duty from payment of rent on a primary residence occupied by such member or dependents. And (2) a deferral of mortgage payments on a principal residence. Amends the Internal Revenue Code to allow lessors of military reservists granted an exemption from rent payments under this Act a refundable tax credit for the exempted lease amounts.

To amend the Servicemembers Civil Relief Act to provide relief with respect to rent and mortgage payments for members of the reserve components who are called to active duty and to amend the Internal Revenue Code of 1986 to allow a refundable credit to lessors for payments foregone by reason of such relief.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advanced Nuclear Fuel Availability
Act''.

SEC. 2. PROGRAM.

    (a) Establishment.--The Secretary shall establish and carry out,
through the Office of Nuclear Energy, a program to support the
availability of HA-LEU for domestic commercial use.
    (b) Program Elements.--In carrying out the program under subsection
(a), the Secretary--
            (1) may provide financial assistance to assist commercial
        entities to design and license transportation packages for HA-
        LEU, including canisters for metal, gas, and other HA-LEU
        compositions;
            (2) shall, to the extent practicable--
                    (A) by January 1, 2021, have commercial entities
                submit such transportation package designs to the
                Commission for certification by the Commission under
                part 71 of title 10, Code of Federal Regulations; and
                    (B) encourage the Commission to have such
                transportation package designs so certified by the
                Commission by January 1, 2023;
            (3) not later than January 1, 2020, shall submit to
        Congress a report on the Department's uranium inventory that
        may be available to be processed to HA-LEU for purposes of such
        program, which may not include any uranium allocated by the
        Secretary for use in support of the atomic energy defense
        activities of the National Nuclear Security Administration;
            (4) not later than 1 year after the date of enactment of
        this Act, and biennially thereafter through September 30, 2025,
        shall conduct a survey of stakeholders to estimate the quantity
        of HA-LEU necessary for domestic commercial use for each of the
        5 subsequent years;
            (5) shall assess options available for the Secretary to
        acquire HA-LEU for such program, including an assessment, for
        each such option, of the cost and amount of time required;
            (6) shall establish a consortium, which may include
        entities involved in any stage of the nuclear fuel cycle, to
        partner with the Department to support the availability of HA-
        LEU for domestic commercial use, including by--
                    (A) providing information to the Secretary for
                purposes of surveys conducted under paragraph (4); and
                    (B) purchasing HA-LEU made available to members of
                the consortium by the Secretary under the program;
            (7) shall, prior to acquiring HA-LEU under paragraph (8),
        in coordination with the consortium established pursuant to
        paragraph (6), develop a schedule for cost recovery of HA-LEU
        made available to members of the consortium pursuant to
        paragraph (8);
            (8) may, beginning not later than 3 years after the
        establishment of a consortium under paragraph (6), acquire HA-
        LEU, in order, to the extent practicable, to make such HA-LEU
        available to members of the consortium beginning not later than
        January 1, 2025, in amounts that are consistent, to the extent
        practicable, with the quantities estimated under the surveys
        conducted under paragraph (4); and
            (9) shall develop, in consultation with the Commission,
        criticality benchmark data to assist the Commission in--
                    (A) the licensing and regulation of category II
                spent nuclear material fuel fabrication and enrichment
                facilities under part 70 of title 10, Code of Federal
                Regulations; and
                    (B) certification of transportation packages under
                part 71 of title 10, Code of Federal Regulations.
    (c) Applicability of USEC Privatization Act.--The requirements of
subparagraphs (A) and (C) of section 3112(d)(2) of the USEC
Privatization Act (42 U.S.C. 2297h-10(d)(2)) shall apply to a sale or
transfer of HA-LEU by the Secretary to a member of the consortium under
this section.
    (d) Funding.--
            (1) Transportation package design.--
                    (A) Cost share.--The Secretary shall ensure that
                not less than 20 percent of the costs of design and
                license activities carried out pursuant to subsection
                (b)(1) are paid by a non-Federal entity.
                    (B) Authorization of appropriations.--There are
                authorized to be appropriated to carry out subsection
                (b)(1)--
                            (i) $1,500,000 for fiscal year 2019;
                            (ii) $1,500,000 for fiscal year 2020; and
                            (iii) $1,500,000 for fiscal year 2021.
            (2) DOE acquisition of ha-leu.--The Secretary may not make
        commitments under this section (including cooperative
        agreements (used in accordance with section 6305 of title 31,
        United States Code), purchase agreements, guarantees, leases,
        service contracts, or any other type of commitment) for the
        purchase or other acquisition of HA-LEU unless funds are
        specifically provided for such purposes in advance in
        subsequent appropriations Acts, and only to the extent that the
        full extent of anticipated costs stemming from such commitments
        is recorded as an obligation up front and in full at the time
        it is made.
            (3) Other costs.--Except as otherwise provided in this
        subsection, in carrying out this section, the Secretary shall
        use amounts otherwise authorized to be appropriated to the
        Secretary.
    (e) Sunset.--The authority of the Secretary to carry out the
program under this section shall expire on September 30, 2033.

SEC. 3. REPORT TO CONGRESS.

    Not later than 12 months after the date of enactment of this Act,
the Commission shall submit to Congress a report that includes--
            (1) identification of updates to regulations,
        certifications, and other regulatory policies that the
        Commission determines are necessary in order for HA-LEU to be
        commercially available, including--
                    (A) guidance for material control and
                accountability of category II special nuclear material;
                    (B) certifications relating to transportation
                packaging for HA-LEU; and
                    (C) licensing of enrichment, conversion, and fuel
                fabrication facilities for HA-LEU, and associated
                physical security plans for such facilities;
            (2) a description of such updates; and
            (3) a timeline to complete such updates.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Nuclear
        Regulatory Commission.
            (2) Department.--The term ``Department'' means Department
        of Energy.
            (3) HA-LEU.--The term ``HA-LEU'' means high-assay low-
        enriched uranium.
            (4) High-assay low-enriched uranium.--The term ``high-assay
        low-enriched uranium'' means uranium having an assay greater
        than 5.0 percent and less than 20.0 percent enrichment of the
        uranium-235 isotope.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.

            Passed the House of Representatives December 11, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Advanced Nuclear Fuel Availability Act This bill directs the Department of Energy to develop and deploy high-assay low-enriched uranium for domestic commercial use and to develop a schedule for recovering costs associated with such development.

Advanced Nuclear Fuel Availability Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission on Fairness in
the Workplace Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there is an increasing trend toward the use of part-
        time workers;
            (2) part-time jobs often have no or limited health or
        pension benefits and few labor protections;
            (3) there is a trend toward the creation of more part-time
        jobs than full-time jobs;
            (4) questions have been raised regarding the impact of
        part-time employment on wage levels, benefits, earning
        potential, and productivity; and
            (5) a Federal commission should be established to conduct a
        thorough study of all matters relating to the impact of part-
        time employment on wage levels, benefits, earning potential,
        and productivity and to study the practice of providing
        different wage and benefit levels to part-time and full-time
        workers.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known
as the National Commission on Fairness in the Workplace (hereafter
referred to in this Act as the ``Commission'').
    (b) Membership.--The Commission shall be composed of 9 members of
whom--
            (1) 3 shall be appointed by the President;
            (2) 3 shall be appointed by the President pro tempore of
        the Senate, upon the recommendation of the Majority and
        Minority Leaders of the Senate; and
            (3) 3 shall be appointed by the Speaker of the House of
        Representatives, in consultation with the Minority Leader of
        the House of Representatives.
    (c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
    (d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting as directed by the President.
    (e) Meetings.--After the initial meeting, the Commission shall meet
at the call of the Chairperson.
    (f) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business, but a lesser
number of members may hold hearings.
    (g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among its members.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall conduct a
        comprehensive study of the impact of part-time employment in
        the United States.
            (2) Matters to be studied.--The matters to be studied by
        the Commission under paragraph (1) shall include--
                    (A) a review of the trend toward creation of more
                part-time than full-time jobs;
                    (B) an assessment of the relationship between part-
                time work and wage levels, benefits, earning potential,
                and productivity; and
                    (C) a review of the practice of providing different
                wage and benefit levels to part-time and full-time
                workers.
    (b) Report.--No later than 12 months after the Commission holds its
first meeting, the Commission shall submit a report on the study to the
President and Congress. The report shall contain a detailed statement
of the findings and conclusions of the Commission, together with its
recommendations for such legislation and administrative actions as it
considers appropriate.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out its duties
of this Act.
    (b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairperson of the Committee, the head of such
department or agency shall furnish such information to the Commission.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is
not otherwise an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is engaged in the
performance of the duties of the Commission. Each member of the
Commission who is otherwise an officer or employee of the United States
shall serve without compensation in addition to that received for
services as an officer or employee of the United States.
    (b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees 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 service for the
Commission.
    (c) Staff.--
            (1) In general.--The Chairperson of the Commission may,
        without regard to the civil service laws and regulations,
        appoint and terminate an executive director and such other
        additional personnel as may be necessary to enable the
        Commission to perform its duties. The employment and
        termination of an executive director shall be subject to
        confirmation by a majority of the members of the Commission.
            (2) Compensation.--The executive director shall be
        compensated at a rate not to exceed the rate payable for a
        position at level V of the Executive Schedule under section
        5316 of title 5, United States Code. The Chairperson may fix
        the compensation of other personnel without regard to the
        provisions of chapter 51 and subchapter III of chapter 53 of
        title 5, United States Code, relating to classification of
        positions and General Schedule pay rates, except that the rate
        of pay for such personnel may not exceed the rate payable for a
        position at level V of the Executive Schedule under section
        5316 of such title.
            (3) Detail of government employees.--Any Federal Government
        employee, with the approval of the head of the appropriate
        Federal agency, may be detailed to the Commission without
        reimbursement, and such detail shall be without interruption or
        loss of civil service status, benefits, or privilege.
    (d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for a position at level V of the Executive
Schedule under section 5316 of such title.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission such sums
as may be necessary to carry out the purposes of this Act. Any sums
appropriated shall remain available, without fiscal year limitation,
until expended.

SEC. 8. TERMINATION.

    The Commission shall terminate 30 days after submission of its
report under section 4(b).

Summary: National Commission on Fairness in the Workplace Act - Establishes the National Commission on Fairness in the Workplace, which shall conduct a comprehensive study of the impact of part-time employment in the United States, including: (1) a review of the trend toward creation of more part-time than full-time jobs. (2) an assessment of the relationship between part-time work and wage levels, benefits, earning potential, and productivity. And (3) a review of the practice of providing different wage and benefit levels to part-time and full-time workers. Authorizes appropriations.


SECTION 1. FINDINGS.

    The Congress finds that:
            (1) The United States must increase its supply of energy to
        ensure a continuing prosperous economy and high standard of
        life.
            (2) We currently rely heavily on imports of energy supplies
        from foreign nations and utilize large quantities of carbon
        fuels for electricity generation.
            (3) Hydropower is a domestic energy source which currently
        produces 92,000 megawatts of electricity per year, a figure
        representing 10 percent of the generation capacity in the
        United States.
            (4) The Energy Information Agency estimates that, of the
        75,000 dams in the United States, only 2,400 or three percent
        of these dams currently produce electricity.
            (5) The Energy Information Agency further estimates that
        there are approximately 21,300 megawatts of undeveloped
        capacity at existing dams.
            (6) New technology allows this energy to be utilized with
        little or no environmental effect by adding new turbines to
        existing dams and improving the efficiency of existing
        turbines.
            (7) Hydropower produces electricity without producing
        hazardous waste or air pollutants.
            (8) The 92,000 megawatts of electricity currently generated
        by hydropower avoid the annual emission of 4.75 million tons of
        sulfur dioxide and 2 million tons of nitrous oxide by
        eliminating the need to burn 345 million tons of coal.
            (9) Hydropower is a renewable energy source which, because
        of the natural hydrologic cycle, will continue to be available
        in perpetuity.

SEC. 2. CONSTITUTIONAL AUTHORITY.

    The Constitutional authority on which this Act rests is the power
of Congress to make all laws which shall be necessary and proper as
enumerated in article I, section 8 of the United States Constitution.

SEC. 3. HYDROELECTRIC PRODUCTION INCENTIVES.

    (a) Incentive Payments.--For electric energy generated and sold by
a qualified hydroelectric facility during the incentive period, the
Secretary of Energy (referred to in this section as the ``Secretary'')
shall make, subject to the availability of appropriations, incentive
payments to the owner or operator of such facility. The amount of such
payment made to any such owner or operator shall be as determined under
subsection (e) of this section. Payments under this section may only be
made upon receipt by the Secretary of an incentive payment application
which establishes that the applicant is eligible to receive such
payment and which satisfies such other requirements as the Secretary
deems necessary. Such application shall be in such form, and shall be
submitted at such time, as the Secretary shall establish.
    (b) Definitions.--For purposes of this section:
            (1) Qualified hydroelectric facility.--The term ``qualified
        hydroelectric facility'' means a turbine or other generating
        device owned or solely operated by a non-Federal entity which
        generates hydroelectric energy for sale and which is added to
        an existing dam or conduit.
            (2) Existing dam or conduit.--The term ``existing dam or
        conduit'' means any dam or conduit the construction of which
        was completed before the date of the enactment of this section
        and which does not require any construction or enlargement of
        impoundment or diversion structures (other than repair or
        reconstruction) in connection with the installation of a
        turbine or other generating device.
            (3) Conduit.--The term ``conduit'' has the same meaning as
        when used in section 30(a)(2) of the Federal Power Act.
The terms defined in this subsection shall apply without regard to the
hydroelectric kilowatt capacity of the facility concerned, without
regard to whether the facility uses a dam owned by a governmental or
nongovernmental entity, and without regard to whether the facility
begins operation on or after the date of the enactment of this section.
    (c) Eligibility Window.--Payments may be made under this section
only for electric energy generated from a qualified hydroelectric
facility which begins operation during the period of 10 fiscal years
beginning with the first full fiscal year occurring after the date of
enactment of this Act.
    (d) Incentive Period.--A qualified hydroelectric facility may
receive payments under this section for a period of 10 fiscal years
(referred to in this section as the ``incentive period''). Such period
shall begin with the fiscal year in which electric energy generated
from the facility is first eligible for such payments.
    (e) Amount of Payment.--
            (1) In general.--Payments made by the Secretary under this
        section to the owner or operator of a qualified hydroelectric
        facility shall be based on the number of kilowatt hours of
        hydroelectric energy generated by the facility during the
        incentive period. For any such facility, the amount of such
        payment shall be 1.5 cents per kilowatt hour (adjusted as
        provided in paragraph (2)), subject to the availability of
        appropriations under subsection (g), except that no facility
        may receive more than $1,000,000 in one calendar year.
            (2) Adjustments.--The amount of the payment made to any
        person under this section as provided in paragraph (1) shall be
        adjusted for inflation for each fiscal year beginning after
        calendar year 2005 in the same manner as provided in the
        provisions of section 29(d)(2)(B) of the Internal Revenue Code
        of 1986, except that in applying such provisions the calendar
        year 2005 shall be substituted for calendar year 1979.
    (f) Sunset.--No payment may be made under this section to any
qualified hydroelectric facility after the expiration of the period of
20 fiscal years beginning with the first full fiscal year occurring
after the date of enactment of this Act, and no payment may be made
under this section to any such facility after a payment has been made
with respect to such facility for a period of 10 fiscal years.
    (g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the purposes of this section
$50,000,000 for each of the fiscal years 2006 through 2015.

SEC. 4. HYDROELECTRIC EFFICIENCY IMPROVEMENT.

    (a) Incentive Payments.--The Secretary of Energy shall make
incentive payments to the owners or operators of hydroelectric
facilities at existing dams to be used to make capital improvements in
the facilities that are directly related to improving the efficiency of
such facilities by at least 3 percent.
    (b) Limitations.--Incentive payments under this section shall not
exceed 10 percent of the costs of the capital improvement concerned and
not more than one payment may be made with respect to improvements at a
single facility. No payment in excess of $1,000,000 may be made with
respect to improvements at a single facility.
    (c) Authorization.--There is authorized to be appropriated to carry
out this section not more than $50,000,000 in each fiscal year after
the fiscal year 2005.

SEC. 5. SMALL HYDROELECTRIC POWER PROJECTS.

    Section 408(a)(6) of the Public Utility Regulatory Policies Act of
1978 is amended by striking ``April 20, 1977'' and inserting ``March 4,
2005''.

SEC. 6. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL
              FACILITIES.

    (a) In General.--The Secretary of Energy, in consultation with the
Secretary of the Interior and Secretary of the Army, shall conduct
studies of the cost-effective opportunities to increase hydropower
generation at existing federally-owned or operated water regulation,
storage, and conveyance facilities. Such studies shall be completed
within two years after the date of enactment of this Act and
transmitted to the Committee on Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate. An individual study shall be prepared for each of the
Nation's principal river basins. Each such study shall identify and
describe with specificity the following matters:
            (1) Opportunities to improve the efficiency of hydropower
        generation at such facilities through, but not limited to,
        mechanical, structural, or operational changes.
            (2) Opportunities to improve the efficiency of the use of
        water supplied or regulated by Federal projects where such
        improvement could, in the absence of legal or administrative
        constraints, make additional water supplies available for
        hydropower generation or reduce project energy use.
            (3) Opportunities to create additional hydropower
        generating capacity at existing facilities through, but not
        limited to, the construction of additional generating
        facilities, the uprating of generators and turbines, and the
        construction of pumped storage facilities.
            (4) Preliminary assessment of the costs and the economic
        and environmental consequences of such measures.
    (b) Previous Studies.--If studies of the type required by
subsection (a) have been prepared by any agency of the United States
and published within the five years prior to the date of enactment of
this Act, the Secretary of Energy may choose not to perform new studies
and incorporate the information in such studies into the studies
required by subsection (a).
    (c) Authorization.--There is authorized to be appropriated such
sums as may be necessary to carry out the purposes of this section.

SEC. 7. RENEWABLE ENERGY PRODUCTION INCENTIVES PROGRAM.

    Section 1212 of the Energy Policy Act of 1992 is amended in
subsection (b) by inserting after ``and which'' the following ``is a
small hydroelectric power project (as defined in section 408(a)(1) of
the Public Utility Regulatory Policies Act of 1978) or which''.

Summary: Directs the Secretary of Energy to make incentive payments during a specified incentive period to the owner or operator of: (1) a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit. And (2) hydroelectric facilities at existing dams for capital improvements that are directly related to improving their efficiency by at least three percent. Describes payment limitations.

To encourage the development of hydroelectric projects, and for other purposes.


SECTION 1. EXCISE TAX ON MANUFACTURE AND IMPORTATION OF TIRES.

    (a) In General.--Chapter 38 of the Internal Revenue Code of 1986
(relating to environmental taxes) is amended by adding at the end the
following:

                      ``Subchapter E--Tax on Tires

                              ``Sec. 4691. Imposition of tax.

``SEC. 4691. IMPOSITION OF TAX.

    ``(a) General Rule.--There is imposed a tax on the manufacture or
importation of tires of any type, including solid and pneumatic tires.
    ``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) shall be 50 cents per tire.
    ``(c) Liability for Tax.--The tax imposed by subsection (a) shall
be paid by the manufacturer or importer of the tire not later than 30
days after the end of each calendar quarter for each tire manufactured
or imported during such quarter.
    ``(d) Tires on Imported Articles.--For purposes of subsection (a),
if an article imported into the United States is equipped with tires,
the importer of the article shall be treated as the importer of the
tires with which such article is equipped.
    ``(e) Effective Date.--The tax imposed by this section shall apply
to tires manufactured or imported after December 31, 1997, and before
January 1, 2003.''.
    (b) Conforming Amendment.--The table of subchapters for chapter 38
of such Code is amended by adding after the item relating to subchapter
D the following:

                              ``Subchapter E. Tax on tires.''.

SEC. 2. ESTABLISHMENT OF TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST
              FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to the establishment of trust funds) is amended
by adding after section 9511 the following:

``SEC. 9512. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the ``Waste Tire
Recycling, Abatement, and Disposal Trust Fund'' consisting of such
amounts as may be appropriated or credited to such Trust Fund as
provided in this section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are appropriated to the Waste
Tire Recycling, Abatement, and Disposal Trust Fund amounts equivalent
to--
            ``(1) taxes received in the Treasury under section 4691
        (relating to an assessment on motor vehicle tires); and
            ``(2) amounts received in the Treasury and collected under
        section 4011 of the Solid Waste Disposal Act.
    ``(c) Expenditures.--Amounts in the Waste Tire Recycling,
Abatement, and Disposal Trust Fund shall be available, as provided in
appropriation Acts, only for the purpose of making expenditures to
carry out the purposes of section 4011 of the Solid Waste Disposal Act.
    ``(d) Authority to Borrow.--
            ``(1) In general.--There are authorized to be appropriated
        to the Waste Tire Recycling, Abatement, and Disposal Trust
        Fund, as repayable advances, such sums as may be necessary to
        carry out the purposes of section 4011(k) of the Solid Waste
        Disposal Act.
            ``(2) Limitation on aggregate advances.--The maximum
        aggregate amount of repayable advances to the Waste Tire
        Recycling, Abatement, and Disposal Trust Fund which is
        outstanding at any one time shall not exceed an amount equal to
        the amount which the Secretary estimates will be equal to the
        sum of the amounts received from the tax imposed by section
        4691 during any 2-year period.
            ``(3) Repayment of advances.--
                    ``(A) In general.--Advances made to the Waste Tire
                Recycling, Abatement, and Disposal Trust Fund shall be
                repaid, and interest on such advances shall be paid, to
                the general fund of the Treasury when the Secretary
                determines that moneys are available for such purposes
                in the Waste Tire Recycling, Abatement, and Disposal
                Trust Fund.
                    ``(B) Date for termination of advances.--No advance
                shall be paid to the Trust Fund after December 31, 2001
                and all advances to the Trust Fund shall be repaid on
                or before such date.
                    ``(C) Interest rate on advances.--Interest on
                advances made to the Trust Fund shall be at a rate
                determined by the Secretary to be equal to the current
                market yield on outstanding marketable obligations of
                the United States with remaining periods to maturity
                comparable to the anticipated period during which the
                advance will be outstanding, and shall be compounded
                annually.''.
            (b) Conforming Amendment.--The table of sections for
        subchapter A of chapter 98 of such Code is amended by adding
        after the item relating to section 9511 the following:

                              ``Sec. 9511. Waste Tire Recycling,
                                        Abatement, and Disposal Trust
                                        Fund.''.

Summary: Amends the Internal Revenue Code (IRC) to impose a tax on the manufacture or importation of tires of any type, including solid and pneumatic tires. Establishes the Waste Tire Recycling, Abatement, and Disposal Trust Fund. Appropriates to the Fund the taxes received under IRC provisions relating to an assessment on motor vehicle tires and amounts received under specified provisions of the Solid Waste Disposal Act. Makes Fund amounts available , and authorizes appropriations, for State and Federal waste tire recycling, abatement, and disposal activities and related research.

A bill to amend the Internal Revenue Code to impose a tax on the manufacture and importation of tires, and for other purposes.


SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Veterans'
Employment, Business Opportunity, and Training Act of 2002''.
    (b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of title
38, United States Code.

                      TITLE I--EMPLOYMENT SERVICES

SEC. 101. DEFINITIONS.

    As used in this title:
            (1) The term ``veteran'' has the same meaning as ``eligible
        veteran'' as defined in section 4211(4) of title 38, United
        States Code.
            (2) The term ``eligible person'' means--
                    (A) the spouse of any person who died of a service-
                connected disability;
                    (B) the spouse of any member of the Armed Forces
                serving on active duty who, at the time of application
                for assistance under this Act, is listed, pursuant to
                section 556 of title 37, United States Code, and
                regulations issued thereunder, by the Secretary
                concerned in one or more of the following categories
                and has been so listed for a total of more than ninety
                days--
                            (i) missing in action,
                            (ii) captured in line of duty by a hostile
                        force, or
                            (iii) forcibly detained or interned in line
                        of duty by a foreign government or power; or
                    (C) the spouse of any person who has a total
                disability permanent in nature resulting from a
                service-connected disability or the spouse of a veteran
                who died while a disability so evaluated was in
                existence.
            (3) The term ``State'' means each of the several States of
        the United States, the District of Columbia, and the
        Commonwealth of Puerto Rico, and may include, to the extent
        determined necessary by the Secretary of Veterans Affairs and
        feasible for all purposes of this title, Guam, American Samoa,
        the Virgin Islands, the Commonwealth of the Northern Marianas
        Islands, and the Trust Territory of the Pacific Islands.
            (4) The term ``servicemember'' has the same meaning as an
        individual who is a member of the Armed Forces as defined in
        section 101(10) of title 38, United States Code, and who is
        being separated from the Armed Forces within the time periods
        specified in section 1142(a)(3) of title 10, United States
        Code.

SEC. 102. PURPOSE.

    In furtherance of the Nation's responsibility toward alleviating
unemployment and underemployment among veterans, there shall be
established a national performance-based job-search assistance program
that--
            (1) will provide high-quality, job-search service to
        veterans, servicemembers, and other eligible persons, focused
        on assisting such individuals in obtaining and maintaining
        employment, as well as reducing the duration of individual's
        unemployment;
            (2) will assist employers in locating and hiring qualified
        veterans, servicemembers, and other eligible persons; and
            (3) will be accessible to veterans, servicemembers, and
        other eligible persons.
The Department of Veterans Affairs would continue to aggressively use
web-based technology to provide better service to veterans around the
world.

SEC. 103. ESTABLISHMENT OF NEW COMPETITIVE GRANTS PROGRAM.

    (a) Establishment of New Program.--Notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall establish a
competitive grants program to be referred to as the ``Veterans'
Employment, Business Opportunity and Training Program'' (``VEBOT'')
through which State Governors or other entities, as may be appropriate,
would receive grants for the purpose of providing employment services
to veterans, servicemembers, and other eligible persons within each
State. The purpose of such program shall be to assist veterans,
servicemembers, and other eligible persons in obtaining employment by
providing for access to optimal employment opportunities.
    (b) Implementation of New Program.--The Secretary of Veterans
Affairs shall prescribe such regulations as the Secretary considers
appropriate to implement the VEBOT program required to be established
under this section. Such regulations shall address matters relating to
the development and implementation of the program, including--
            (1) the determination of eligibility criteria for affected
        veterans, servicemembers, or other eligible persons, for
        employment services and other related services that shall be
        provided;
            (2) the nature and type of services to be provided;
            (3) the most appropriate and efficient means to provide
        such services;
            (4) the most appropriate means to monitor and assess the
        performance of entities providing employment services;
            (5) the manner in which the Department of Veterans Affairs
        will cooperate with State employment agencies to ensure that
        veterans continue to have access to the full range of workforce
services available through existing State and local one-stop
employment-service delivery systems;
            (6) the manner in which the Department of Veterans Affairs
        will coordinate with the Department of Labor to ensure that
        veterans continue to receive priority or other special
        consideration in the provision of employment services through
        existing State and local one-stop employment-service delivery
        systems, as required by law or regulation; and
            (7) the entity or organization within the Department of
        Veterans Affairs that will administer the program. In
        developing the regulations, the Secretary shall take into
        consideration the recommendations of the task force required to
        be established under subsection (c) of this section and shall
        consult with the Secretary of Defense with respect to
        eligibility criteria affecting servicemembers.
    (c) Task Force To Be Established; Consultation With Designated
Parties.--The Secretary of Veterans Affairs shall establish a task
force comprised of at least eleven (but not more than fifteen) members
which shall, not later than 180 days from the date of its
establishment, make recommendations to the Secretary regarding the
matters described in subsection (b) of this section. The task force
shall include representatives of veterans service organizations,
representatives of employers in private industry or employer
organizations, and representatives of State Governors. The Secretary of
Labor, the Secretary of Defense, and the Secretary of Transportation
shall be ex officio members of the task force.
    (d) Grants, Program To Be Competitive; Grants To Include
Performance Requirements.--The Secretary of Veterans Affairs shall
ensure that all services under the VEBOT program are provided through
grants awarded either directly or indirectly on a competitive basis and
that such grants include appropriate performance requirements with
clear outcome measures. States or other entities may join in consortia
to provide services to veterans.
    (e) Performance Measurement.--
            (1) Each Governor of a State or other entity receiving
        funds under a grant authorized by this section shall achieve
        the performance requirements as agreed in the established
        provisions for such grant. If unanticipated circumstances
        arising in a State would adversely affect a grantee's ability
        to meet its performance requirements, the grantee may request
        that the Secretary adjust the agreed-to levels of performance.
        If a grantee fails to meet the agreed-to levels of performance,
        the Secretary of Veterans Affairs may provide to the grantee
        assistance in such form as the Secretary may consider
        appropriate, including training, technical assistance, staff
        development, and activities replicating those used by other
        successful grants and projects with demonstrated effectiveness.
        In the event of continued non-performance, the Secretary may,
        pursuant to such regulations as the Secretary may prescribe,
        remove the funds from a grantee and directly or indirectly
        solicit through a competition a new grantee and service
        provider.
            (2) Consistent with State law, the Secretary of Veterans
        Affairs and States and other entities identified to deliver
        services under the VEBOT program may utilize wage record
information for program performance measurement as prescribed by the
Secretary of Veterans Affairs. The Secretary of Labor shall provide
assistance to the Secretary of Veterans Affairs in gaining access to
wage information for this purpose.
    (f) Cost Principles.--
            (1)(A) Each Governor of a State or other entity receiving
        funds under this section shall comply with the applicable
        uniform-cost principles included in the appropriate circulars
        or directives of the Office of Management and Budget for the
        type of entity receiving the funds, as well as regulations
        prescribed by the Secretary of Veterans Affairs. Each grantee
        shall establish such fiscal controls and fund accounting
        procedures as may be necessary to assure the proper disbursal
        of, and accounting for, Federal funds allocated to any provider
        receiving funds under this section and shall maintain
        appropriate records in accordance with generally accepted
        accounting principles applicable in each State. Each grantee
        shall comply with the appropriate uniform administrative
        requirements for grants, contracts and agreements applicable
        for the type of entity receiving funds, as promulgated in
        circulars or directives of the Office of Management and Budget.
            (B) If a grantee determines that a service provider acting
        under a contract or sub-grant is not in compliance with the
        requirements of this Act, the grantee shall take corrective
        action either to secure the service provider's prompt
        compliance or to remove the funds from the service provider for
        failure to so comply. If the grantee fails to take such
        corrective action, the Secretary may, pursuant to such
        regulations as the Secretary may prescribe, remove funds from
        the grantee and directly or indirectly solicit through a
        competition a new grantee and service provider.
            (2) Unless approved by the Secretary of Veterans Affairs,
        not more than 15 percent of the funds available under this
        section to each State Governor or other entity may be expended
        by a service provider and State Governor for costs of
        administration. The Secretary shall prescribe regulations
        governing the expenditure of funds for costs of administration
        under this paragraph.
    (g) Pilot Projects Authorized.--In connection with the development
and implementation of the VEBOT program, the Secretary of Veterans
Affairs, during each fiscal year, may reserve up to 25 percent of the
total available funding for grants to finance national-level primary
services and to create pilot programs and demonstration projects to
establish the effectiveness and viability of specific proposed
innovative program designs and service delivery systems.

SEC. 104. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF CERTAIN
              EMPLOYMENT SERVICES TO SECRETARY OF VETERANS AFFAIRS.

    Notwithstanding any other provision of law, during the period
beginning on October 1, 2002, and ending on the later of September 30,
2003, or the date upon which regulations prescribed by the Secretary of
Veterans Affairs under section 103(b) of this title become effective,
responsibilities assigned to the Secretary of Labor under sections 4101
through 4102A (other than responsibilities assigned under section 4102A
regarding the purposes of chapters 42 and 43 of title 38, United States
Code), sections 4103 through 4108, and section 4110 of title 38, United
States Code, shall be assumed by the Secretary of Veterans Affairs, and
the function of the Assistant Secretary of Labor for Veterans'
Employment and Training in the Department of Labor, as well as such
personnel of the Department of Labor as may be deemed necessary to
carry out such function, shall be transferred from the Department of
Labor to the Department of Veterans Affairs. During that period, the
Secretary of Veterans Affairs shall coordinate activities with the
Secretary of Labor to facilitate the transfer of functions associated
with the administration of employment services provided under chapter
41 of title 38, United States Code, that are conducted by disabled
veterans' outreach programs specialists and local veterans' employment
representatives.

SEC. 105. REPEAL OR AMENDMENT OF EXISTING AUTHORITIES.

    (a) Repeal of Authorities.--Effective on the later of September 30,
2003, or the date upon which regulations prescribed by the Secretary of
Veterans Affairs under section 103(b) of this Act become effective, the
following sections are repealed: 4100 through 4104A, 4105(b), 4106
through 4109, and 4110A.
    (b) Conforming Amendment to Chapter 43 Provision.--Section 4321 is
amended by striking out ``(through the Veterans' Employment and
Training Service)''.
    (c) Advisory Committee.--Section 4110 is amended)--
            (1) in subsection (a)(1), by striking out ``Department of
        Labor'' and by inserting in lieu thereof ``Department of
        Veterans Affairs'';
            (2) in subsection (a)(2), by inserting ``Department of
        Veterans Affairs and the'' before ``Department of Labor'';
            (3) in subsection (b), by striking out ``Secretary of
        Labor'' and inserting in lieu thereof ``Secretary of Veterans
        Affairs'';
            (4) in subsection (c), by striking out ``Labor'' each place
        it appears and inserting in lieu thereof ``Veterans Affairs'';
            (5) in subsection (d)--
                    (A) by striking out ``Secretary of Veterans
                Affairs'' each place it appears and inserting in lieu
                thereof ``Secretary of Labor'';
                    (B) by striking out in paragraph (6) ``The
                Assistant Secretary of Labor for Veterans Employment
                and Training'' and inserting in lieu thereof ``The
                official designated by the Secretary of Veterans
                Affairs to administer the Veterans' Employment,
                Business Opportunity and Training Program'';
                    (C) by striking out in paragraph (11) ``The
                Director of the United States Employment Service.'' and
                inserting in lieu thereof ``A representative of State
                Governors.''; and
                    (D) by striking out in paragraph (12) ``Secretary
                of Labor'' and inserting in lieu thereof ``Secretary of
                Veterans Affairs'';
            (6) in subsection (e)--
                    (A) by striking out ``Secretary of Labor'' each
                place it appears and inserting in lieu thereof
                ``Secretary of Veterans Affairs''; and
                    (B) by striking out in paragraph (4) ``through the
                Veterans Employment and Training Service'';
            (7) in subsection (f)--
                    (A) by striking out ``Secretary of Labor'' each
                place it appears and inserting in lieu thereof
                ``Secretary of Veterans Affairs''; and
                    (B) by striking out ``Department of Labor'' and
                inserting in lieu thereof ``Department of Veterans
                Affairs''; and
            (8) in subsection (g), by striking out ``Secretary of
        Labor'' and inserting in lieu thereof ``Secretary of Veterans
        Affairs''.

                    TITLE II--TRANSITION ASSISTANCE

SEC. 201. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF TRANSITION
              ASSISTANCE PROGRAM TO THE SECRETARY OF VETERANS AFFAIRS.

    Notwithstanding any other provision of law--
            (1) references to the ``Secretary of Labor'' in section
        1144 of title 10, United States Code, shall be deemed to be
        references to the Secretary of Veterans Affairs;
            (2) references to the ``Secretary of Veterans Affairs'' in
        section 1144 of title 10, United States Code, shall be deemed
        to be references to the Secretary of Labor; and
            (3) section 1144(d) of title 10, United States Code, is
        amended by striking out paragraph (1) and inserting in lieu
        thereof the following:
            ``(1) provide, as the case may be, for the use of personnel
        of grant recipients under section 103(b) of the Veterans'
        Employment, Business Opportunity, and Training Act of 2002 or
        such other personnel as the Secretary of Veterans Affairs may
        determine to be appropriate, to the extent that the Secretary
        determines that such use will not significantly interfere with
        the provision of services or other benefits to eligible
        veterans and other eligible recipients of services or benefits
        under programs administered by the Secretary.''.

          TITLE III--HOMELESS VETERANS' REINTEGRATION PROGRAMS

SEC. 301. TRANSFER OF RESPONSIBILITY FOR ADMINISTRATION OF HOMELESS
              VETERANS' REINTEGRATION PROGRAM TO THE SECRETARY OF
              VETERANS AFFAIRS.

    Section 2021 is amended--
            (1) by striking out ``Secretary of Labor'' each place it
        appears and inserting in lieu thereof ``Secretary of Veterans
        Affairs''; and
            (2) by striking out subsection (c) and redesignating
        subsection (d) as subsection (c).

                        TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

    Except where provided otherwise, the provisions of this Act shall
become effective on October 1, 2002.

Summary: Veterans' Employment, Business Opportunity, and Training Act of 2002 - Directs the Secretary of Veterans Affairs to establish the Veterans' Employment, Business Opportunity and Training Program through which State governors or other entities receive grants for providing employment services to veterans, servicemembers, and the spouses of certain veterans. Requires the Secretary to ensure that all services under the program are provided through grants awarded on a competitive basis and that such grants include appropriate performance requirements with clear outcome measures. Requires each governor or entity receiving grant funds to: (1) achieve the performance requirements. And (2) comply with applicable uniform-cost principles and regulations prescribed by the Secretary. Transfers from the Secretary of Labor to the Secretary of Veterans Affairs responsibility for the administration of: (1) certain employment services for veterans. (2) a program of furnishing counseling and employment and training assistance to members of the armed forces who are being separated from active duty and their spouses, and (3) the homeless veterans' reintegration program.

To amend title 38, United States Code, to transfer from the Secretary of Labor to the Secretary of Veterans Affairs certain responsibilities relating to the provision of employment and other services to veterans and other eligible persons; to require the establishment of a new competitive grants program through which employment services shall be provided to veterans, servicemembers, and other eligible persons, and for other purposes.