SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing the Cities Act of 2017''.

SEC. 2. SECURING THE CITIES PROGRAM.

    (a) In General.--Title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) is amended by adding at the end the following new
section:

``SEC. 1908. SECURING THE CITIES PROGRAM.

    ``(a) Establishment.--The Director for Domestic Nuclear Detection
shall establish the `Securing the Cities' (`STC') program to enhance
the ability of the United States to detect and prevent terrorist
attacks and other high consequence events utilizing nuclear or other
radiological materials that pose a high risk to homeland security in
high-risk urban areas. Through the STC program the Director shall--
            ``(1) assist State, local, tribal, and territorial
        governments in designing and implementing, or enhancing
        existing, architectures for coordinated and integrated
        detection and interdiction of nuclear or other radiological
        materials that are out of regulatory control;
            ``(2) support the development of a region-wide operating
        capability to detect and report on nuclear and other
        radioactive materials out of regulatory control;
            ``(3) provide resources to enhance detection, analysis,
        communication, and coordination to better integrate State,
        local, tribal, and territorial assets into Federal operations;
            ``(4) facilitate alarm adjudication and provide subject
        matter expertise and technical assistance on concepts of
        operations, training, exercises, and alarm response protocols;
            ``(5) communicate with, and promote sharing of information
        about the presence or detection of nuclear or other
        radiological materials among appropriate Federal, State, local,
        tribal, and territorial governments, in a manner that ensures
        transparency with the jurisdictions served by such program;
            ``(6) provide augmenting resources, as appropriate,
        enabling State, local, tribal, and territorial governments to
        sustain and refresh their capabilities developed under the STC
        program; and
            ``(7) provide any other assistance the Director determines
        appropriate.
    ``(b) Designation of Jurisdictions.--In carrying out the program
under subsection (a), the Director shall designate jurisdictions from
among high-risk urban areas under section 2003, and other cities and
regions, as appropriate.
    ``(c) Congressional Notification.--The Director shall notify the
Committee on Homeland Security and the Committee on Appropriations of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
not later than three days before the designation of new jurisdictions
under subsection (b) or other changes to participating
jurisdictions.''.
    (b) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate an assessment, including an evaluation of
the effectiveness, of the Securing the Cities program under section
1908 of the Homeland Security Act of 2002, as added by subsection (a)
of this section.
    (c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 1907 the following new item:

``Sec. 1908. Securing the Cities program.''.

SEC. 3. MODEL EXERCISES.

    Not later than 120 days after the date of the enactment of this
Act, the Director for Domestic Nuclear Detection of the Department of
Homeland Security shall report to the Committee on Homeland Security
and the Committee on Appropriations of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate on the feasibility of the
Director developing model exercises to test the preparedness of
jurisdictions participating in the Securing the Cities program under
section 1908 of the Homeland Security Act of 2002 (as added by section
2 of this Act) in meeting the challenges that may be posed by a range
of nuclear and radiological threats.

SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.

            Passed the House of Representatives January 31, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Securing the Cities Act of 2017 This bill amends the Homeland Security Act of 2002 to require the Domestic Nuclear Detection Office (DNDO) to establish the Securing the Cities program to enhance the ability of the United States to detect and prevent terrorist attacks and other high consequence events utilizing nuclear or other radiological materials that pose a high risk to homeland security in high-risk urban areas. Under such program, the DNDO shall: assist state, local, tribal, and territorial governments in designing and implementing, or enhancing existing, architectures for coordinated and integrated detection and interdiction of nuclear or other radiological materials that are out of regulatory control. Support the development of a region-wide operating capability to detect and report on nuclear and other radioactive materials out of regulatory control. Provide resources to enhance detection, analysis, communication, and coordination to better integrate state, local, tribal, and territorial assets into federal operations. Facilitate alarm adjudication and provide subject matter expertise and technical assistance on concepts of operations, training, exercises, and alarm response protocols. Communicate with, and promote sharing of information about the presence or detection of nuclear or other radiological materials among, appropriate federal, state, local, tribal, and territorial governments in a manner that ensures transparency. Provide augmenting resources to enable state, local, tribal, and territorial governments to sustain and refresh their capabilities developed under the program. And designate participating jurisdictions from among high-risk urban areas and other cities and regions, as appropriate, and notify Congress at least three days before designating or changing such jurisdictions. The Comptroller General is required to submit an assessment evaluating the effectiveness of the program. The DNDO shall report to Congress on the feasibility of developing model exercises to test the preparedness of jurisdictions participating in the program in meeting the challenges that may be posed by a range of nuclear and radiological threats.

Securing the Cities Act of 2017


SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:

``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION.

    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' includes--
                    ``(A) any instrumentality of the United States;
                    ``(B) any element of an agency; and
                    ``(C) any wholly owned or mixed-owned corporation
                of the Federal Government identified in chapter 91 of
                title 31, United States Code.
            ``(2) Alexander creek.--The term `Alexander Creek' means
        Alexander Creek, Incorporated, a Village Corporation recognized
        and organized pursuant to section (b).
            ``(3) Region.--The term `Region' means Cook Inlet Region
        Incorporated, a Regional Corporation, which is the appropriate
        Regional Corporation for Alexander Creek under section 14(h).
    ``(b) Recognition of the Village of Alexander Creek.--Subject to
the limitations of this section and notwithstanding subsection (d) of
section 1432 of the Alaska National Interest Lands Conservation Act
(Public Law 96-487; 94 Stat. 2543) or any conveyance under that
section, Alexander Creek, Incorporated, a Group Corporation organized
pursuant to this Act located within T. 15 N., R. 7 W., Seward Meridian,
Alaska, is recognized as an eligible Native village under section
11(b)(3).
    ``(c) Organization of Alexander Creek.--As soon as practicable
after the date of enactment of this section, Alexander Creek shall file
in the State--
            ``(1) any amendments to the corporate charter of Alexander
        Creek that are necessary to convert from a Group Corporation to
        a Village Corporation; and
            ``(2) any amendments to the corporate charter and governing
        business documents of Alexander Creek that are necessary to
        fulfill the terms of the agreement authorized under subsection
        (d).
    ``(d) Negotiations; Agreement.--
            ``(1) In general.--Not later than 30 days after the date of
        enactment of this section, the Secretary shall commence
        negotiations with Alexander Creek to fairly and equitably
        settle any aboriginal land claims and any other claims that
        Alexander Creek has against the United States.
            ``(2) Agreement.--
                    ``(A) Deadline.--Not later than 13 months after the
                date of enactment of this section, the Secretary shall
                enter into an agreement with Alexander Creek relating
                to the claims described in paragraph (1).
                    ``(B) Terms.--Notwithstanding the prior status of
                Alexander Creek as a Group Corporation, an agreement
                under this paragraph shall be in approximate value
                parity, considering inflation, with agreements of other
                Village Corporations.
                    ``(C) Availability of funds.--Any funds to be
                provided for Alexander Creek under an agreement entered
                into under this paragraph shall be available subject to
                appropriations.
                    ``(D) Applicable law.--
                            ``(i) In general.--The Secretary shall
                        carry out an agreement entered into under this
                        paragraph--
                                    ``(I) in accordance with this
                                section and other existing authorities;
                                and
                                    ``(II) in coordination with the
                                Administrator of General Services
                                pursuant to section 549 of title 40,
                                United States Code, with respect to
                                property to be transferred to Alexander
                                Creek pursuant to the agreement,
                                subject to clause (ii).
                            ``(ii) Consideration as state.--
                        Notwithstanding paragraphs (2) and (3) of
                        section 549(a) of title 40, United States Code,
                        Alexander Creek shall be considered a `State'
                        and a `State agency' under that section for the
                        purposes of the Secretary carrying out an
                        agreement under this paragraph.
    ``(e) Shareholder Participation.--
            ``(1) In general.--Alexander Creek shall notify each member
        of the Village Corporation recognized under subsection (b)
        that, as of the date of enactment of this section--
                    ``(A) the member shall cease to receive benefits
                from the Region as at-large shareholders pursuant to
                section 7(m); and
                    ``(B) all future resource payments from the Region
                shall be made to the Village Corporation pursuant to
                section 7(j).
            ``(2) Limitation of liability.--The Region shall not be
        liable under any Federal, State, or local law or under Federal
        or State common law for damages arising out of or related to
        the cessation of payments to the members of Alexander Creek
        described in paragraph (1)(A).
    ``(f) Effect.--Except as provided in this section with respect to
Alexander Creek, nothing in this section--
            ``(1) modifies or amends any land conveyance entitlement or
        conveyance agreement--
                    ``(A) between the Region and a Village Corporation
                (other than Alexander Creek) in the Region;
                    ``(B) between the Region and the Federal
                Government; or
                    ``(C) between any party described in subparagraph
                (A) or (B) and the State; or
            ``(2) reduces the land entitlement to which Alexander Creek
        became entitled as a Group Corporation, including the land
        selected by and conveyed to Alexander Creek on the date of
        enactment of this section.''.

Summary: This bill amends the Alaska Native Claims Settlement Act to recognize Alexander Creek as a Native village. Currently, Alexander Creek is recognized as a Native group. Alexander Creek must file any amendments to its corporate charter that are necessary to convert from a Native group to a Native village. The Department of the Interior must negotiate with Alexander Creek to fairly and equitably settle aboriginal land claims and any other claims against the United States. Alexander Creek must notify its members that the Cook Inlet regional corporation will make future payments to the village instead of to individual members. The regional corporation is not liable for damages related to cessation of payments to individual members of Alexander Creek.

A bill to amend the Alaska Native Claims Settlement Act to recognize Alexander Creek, Alaska, as a Native village, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lead Poisoning Reduction Act of
2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the number of children suffering from lead poisoning
        remains unacceptably high;
            (2) children younger than 6 years of age are much more
        likely to suffer the devastating effects of lead poisoning;
            (3) the health of children may be impacted at lower levels
        of lead exposure than previously thought;
            (4) lead poisoning can lead to organ damage, as well as
        serious developmental, learning, and behavioral problems in
        children;
            (5) owners and managers of childcare and pre-school
        facilities constructed before 1978 need guidance with respect
        to protecting children of the United States from exposure to
        lead; and
            (6) the Administrator of the Environmental Protection
        Agency has the authority, but, as of the date of enactment of
        this Act, has elected not, to promulgate regulations pursuant
        to section 402 of the Toxic Substances Control Act (15 U.S.C.
        2682) to reduce lead exposure in child-occupied facilities.

SEC. 3. LEAD ASSESSMENT IN CHILD-OCCUPIED FACILITIES.

    Section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) is
amended by adding at the end the following:
    ``(d) Child-Occupied Facilities.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Child-occupied facility.--
                            ``(i) In general.--The term `child-occupied
                        facility' means a facility described in clause
                        (ii) that was constructed before January 1,
                        1978, and that is visited regularly by a child
                        of not more than 6 years old for at least 2
                        days within any week for not less than--
                                    ``(I) 3 hours each visit;
                                    ``(II) 6 hours each week; and
                                    ``(III) 60 hours each calendar
                                year.
                            ``(ii) Description of facility.--A facility
                        referred to in clause (i) is--
                                    ``(I) a childcare center;
                                    ``(II) a pre-school or kindergarten
                                classroom; or
                                    ``(III) except as provided in
                                clause (iii), any other facility
                                (including a facility used for a Head
                                Start program or a similar program) at
                                which a childcare provider receives
                                compensation or a subsidy for services
                                provided.
                            ``(iii) Exclusion.--The term `child-
                        occupied facility' does not include a home-
                        based childcare facility.
                    ``(B) Exposure pathway.--The term `exposure
                pathway' includes, with respect to lead--
                            ``(i) lead-based paint and lead-based paint
                        hazards; and
                            ``(ii) lead contained in--
                                    ``(I) drinking water plumbing and
                                fixtures;
                                    ``(II) furniture, fixtures, and
                                playground equipment; and
                                    ``(III) products used by or for
                                children.
                    ``(C) Home-based childcare facility.--The term
                `home-based childcare facility' means an owner-occupied
                or rental housing unit--
                            ``(i) at which 1 or more individuals
                        reside; and
                            ``(ii) that meets the requirements under
                        clauses (i) and (ii) of subparagraph (A) for a
                        child-occupied facility.
                    ``(D) Select group.--The term `Select Group' means
                the Select Group on Lead Exposure established by
                paragraph (2)(A).
            ``(2) Select group on lead exposure.--
                    ``(A) Establishment.--There is established a Select
                Group on Lead Exposure, to be composed of--
                            ``(i) the Secretary of Education (or a
                        designee);
                            ``(ii) the Director of the Centers for
                        Disease Control and Prevention (or a designee);
                            ``(iii) the Director of the National
                        Institute of Environmental Health Science (or a
                        designee);
                            ``(iv) the Assistant Secretary of the
                        Administration for Children and Families (or a
                        designee);
                            ``(v) the Director of the National
                        Institute of Child Health and Human Development
                        (or a designee); and
                            ``(vi) the head of any other Federal agency
                        (or a designee), as the Administrator
                        determines to be appropriate.
                    ``(B) Duties.--The Select Group shall advise the
                Administrator on actions necessary to carry out this
                subsection and related activities.
                    ``(C) Compensation of members.--A member of the
                Select Group shall serve without compensation.
                    ``(D) Travel expenses.--A member of the Select
                Group shall be allowed travel expenses, including per
                diem in lieu of subsistence, at rates authorized for an
                employee of an agency under subchapter I of chapter 57
                of title 5, United States Code, while away from the
                home or regular place of business of the member in the
                performance of the duties of the Select Group.
            ``(3) Baseline standards and model program.--
                    ``(A) Study.--Not later than 180 days after the
                date of enactment of this subsection, the Select Group
                shall conduct a study of State, tribal, and local
                programs the purpose of which is to protect children
                from exposure to lead at child-occupied facilities.
                    ``(B) Standards and program.--
                            ``(i) Development.--Not later than 1 year
                        after the date of enactment of this subsection,
                        the Select Group shall develop--
                                    ``(I) baseline standards with which
                                a State, tribal, or local program
                                described in subparagraph (A) shall
                                comply to be eligible to receive a
                                grant under paragraph (4); and
                                    ``(II) a model program to protect
                                children from exposure to lead at
                                child-occupied facilities that can be
                                adopted for use by State, tribal, and
                                local governments.
                            ``(ii) Factors for consideration.--In
                        developing the baseline standards and model
                        program under clause (i), the Select Group
                        shall take into consideration--
                                    ``(I) the results of the study
                                under subparagraph (A);
                                    ``(II) regulations promulgated
                                pursuant to subsection (a) (including
                                the process of promulgating the
                                regulations); and
                                    ``(III) guidance for childcare
                                providers produced by agencies and
                                other groups, including--
                                            ``(aa) any member of the
                                        Select Group;
                                            ``(bb) the American Academy
                                        of Pediatrics;
                                            ``(cc) the American Public
                                        Health Association; and
                                            ``(dd) the National Center
                                        for Healthy Housing.
                            ``(iii) Requirements.--
                                    ``(I) Baseline standards.--The
                                baseline standards developed under
                                clause (i)(I) shall include guidelines
                                for--
                                            ``(aa) assessing child-
                                        occupied facilities for the
                                        identification and remediation
                                        of exposure pathways; and
                                            ``(bb) informing children
                                        and families that visit child-
                                        occupied facilities of the
                                        exposure pathways and related
                                        hazards.
                                    ``(II) Model program.--The model
                                program developed under clause (i)(II)
                                shall meet or exceed such applicable
                                standards (including the baseline
                                standards under clause (i)(I)) as the
                                Administrator may establish with
                                respect to grant programs carried out
                                by the Administrator, including
                                standards requiring that--
                                            ``(aa) each appropriate
                                        child-occupied facility shall
                                        be provided a notice as soon as
                                        practicable after a child
                                        served by the child-occupied
                                        facility is diagnosed with lead
                                        poisoning, subject to such
                                        guidelines as the Select Group
                                        determines to be necessary to
                                        ensure the protection of
                                        privileged medical information;
                                        and
                                            ``(bb) on receiving a
                                        notification under item (aa), a
                                        child-occupied facility that
                                        has not been tested for the
                                        presence of lead in exposure
                                        pathways shall be so tested.
            ``(4) Grant program.--
                    ``(A) Definition of eligible facility.--
                            ``(i) In general.--In this paragraph, the
                        term `eligible facility' means a child-occupied
                        facility that participates in a State, tribal,
                        or local program--
                                    ``(I) the purpose of which is to
                                protect children from exposure to lead
                                at child-occupied facilities; and
                                    ``(II) that--
                                            ``(aa) is based on the
                                        model program developed under
                                        paragraph (3)(B)(i)(II); or
                                            ``(bb) otherwise meets the
                                        baseline standards developed
                                        under paragraph (3)(B)(i)(I).
                            ``(ii) Exclusion.--The term `eligible
                        facility' does not include a home-based
                        childcare facility.
                    ``(B) Establishment.--Not later than 1 year after,
                but in no case before, the date of development of
                baseline standards and the model program under
                paragraph (3), the Administrator, in consultation with
                the Select Group, shall establish a program under which
                the Administrator shall provide grants to eligible
                facilities to assist the eligible facilities in
                carrying out activities to protect children from
                exposure to lead at eligible facilities.
                    ``(C) Application.--To be eligible to receive a
                grant under this paragraph, an eligible facility shall
                submit to the Administrator an application at such
                time, in such manner, and containing such information
                as the Administrator, in consultation with the Select
                Group, may require.
                    ``(D) Cost sharing.--
                            ``(i) In general.--The non-Federal share of
                        the cost of an activity funded by a grant under
                        this paragraph shall be 20 percent.
                            ``(ii) Provision.--The non-Federal share
                        under clause (i)--
                                    ``(I) may be provided using State,
                                tribal, and local government funds and
                                private funds; and
                                    ``(II) shall not be provided using
                                funds appropriated pursuant to any
                                Federal program.
                    ``(E) Authorization of appropriations.--There is
                authorized to be appropriated to carry out this
                paragraph $42,600,000 for the period of fiscal years
                2007 through 2011.
            ``(5) Regulations.--
                    ``(A) Testing.--Not later than 18 months after the
                date of enactment of this subsection, the Administrator
                shall promulgate regulations requiring that--
                            ``(i) child-occupied facilities placed into
                        service after that date shall test each
                        applicable exposure pathway for the presence of
                        lead; and
                            ``(ii) no State or Indian tribe shall issue
                        to a child-occupied facility described in
                        clause (i) a license until--
                                    ``(I) the testing required under
                                clause (i) is completed; and
                                    ``(II) the exposure to lead, if
                                any, in each applicable exposure
                                pathway is eliminated.
                    ``(B) Elimination of risk.--
                            ``(i) In general.--Not later than 3 years
                        after the date of enactment of this subsection,
                        the Administrator shall promulgate proposed
                        regulations requiring all child-occupied
                        facilities to eliminate the risk of exposure to
                        lead through applicable exposure pathways.
                            ``(ii) Finalization and effective date.--
                        The proposed regulations under clause (i)--
                                    ``(I) shall be finalized by the
                                Administrator not later than 4 years
                                after the date of enactment of this
                                subsection; and
                                    ``(II) shall take effect not later
                                than 5 years after the date of
                                enactment of this subsection.
            ``(6) Contractors engaged in renovation, remodeling, and
        painting of child-occupied facilities.--Not later than 18
        months after the date of enactment of this subsection, the
        Administrator, in consultation with the Select Group, shall--
                    ``(A) apply regulations promulgated pursuant to
                subsection (c)(3) to contractors and other workers
                engaged in the renovation, remodeling, or painting of
                child-occupied facilities; and
                    ``(B) establish a program to provide information,
                training, and materials concerning those activities to
                the contractors and workers.
            ``(7) Report to congress.--Not later than 3 years after the
        date of enactment of this subsection, the Administrator, in
        consultation with the Select Group, shall submit to Congress a
        report containing--
                    ``(A) a list of States and Indian tribes carrying
                out programs to protect children from exposure to lead
                at child-occupied facilities that meet the baseline
                standards developed under paragraph (3)(B)(i)(I)
                (including by adopting the model program developed
                under paragraph (3)(B)(i)(II));
                    ``(B) the number of child-occupied facilities that
                received grants under paragraph (4) during the
                preceding 3-year period; and
                    ``(C) recommendations for additional Federal funds
                and resources, if any, required to ensure the
                protection of children from exposure to lead at child-
                occupied facilities.''.

Summary: Lead Poisoning Reduction Act of 2006 - Amends the Toxic Substances Control Act to establish a Select Group on Lead Exposure. Requires the Group to: (1) conduct a study of state, tribal, and local programs to protect children from exposure to lead at child-occupied facilities constructed before January 1, 1978. (2) develop baseline standards such programs must meet to receive a grant under this Act. And (3) develop a model program to protect children from exposure to lead at such facilities that can be adopted by state, local, and tribal governments. Requires the model program to meet or exceed standards that require facilities to be notified as soon as practicable after a child is diagnosed with lead poisoning and to be tested for the presence of lead upon receiving such notification. Directs the Administrator to: (1) establish a program to provide grants to assist such facilitites in carrying out activities to protect children from lead exposure. (2) promulgate regulations requiring such facilities to test applicable exposure pathways for lead, prohibiting states and Indian tribes from issuing a license to such facilities until the testing is complete and the exposure to lead is eliminated, and requiring all child-occupied facilities to eliminate the risk of exposure to lead through applicable exposure pathways. And (3) apply regulations governing lead-based paint activities to contractors and workers engaged in the renovation, remodeling, or painting of such facilitates and to establish a program to provide information and training about those activities to them.

A bill to amend the Toxic Substances Control Act to assess and reduce the levels of lead found in child-occupied facilities in the United States, and for other purposes.


SECTION 1. DIRECT SALE OF EXCESS PROPERTY.

    (a) Amendment of Title 18, United States Code.--
            (1) In general.--Chapter 307 of title 18, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 4130. Direct sale of excess property
    ``Notwithstanding any other law, Federal Prison Industries may sell
on the open market at the best available price such excess or
obsolescent property as Federal Prison Industries deems appropriate,
the proceeds of such sales to be deposited in the Treasury to the
credit of the Prison Industries Fund.''.
            (2) Technical amendment.--The chapter analysis for chapter
        307 of title 18, United States Code, is amended by adding at
        the end the following new item:

``4130. Direct sale of excess property.''.
    (b) Amendment of the Federal Property and Administrative Services
Act.--Section 602 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 474) is amended--
            (1) by striking ``or'' at the end of paragraph (20);
            (2) by striking the period at the end of paragraph (21) and
        inserting ``; or''; and
            (3) by adding after paragraph (21) the following new
        paragraph:
            ``(22) Federal Prison Industries with respect to the
        disposal of property described in section 4130 of title 18,
        United States Code.''.
    (c) Transportation and Importation.--Section 1761(b) of title 18,
United States Code, is amended by inserting ``, nor to property
described in section 4130'' before the period.

SEC. 2. PRISON INDUSTRIES FUND; USE AND SETTLEMENT OF ACCOUNTS.

    Section 4126 of title 18, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Federal Prison Industries shall determine the character of
and necessity for its obligations and expenditures, and the manner in
which they shall be incurred, allowed, and paid, subject to laws
specifically applicable to government corporations.'';
            (2) by striking subsections (d) and (e); and
            (3) by redesignating subsection (f) as subsection (d).

SEC. 3. ADMINISTRATION OF FEDERAL PRISON INDUSTRIES.

    Section 4122(a) of title 18, United States Code, is amended to read
as follows:
    ``(a)(1) As authorized by this chapter, Federal Prison Industries
shall determine in what manner and to what extent industrial operations
shall be carried on in Federal penal and correctional institutions for
the production of commodities and services.
    ``(2) Commodities and services produced by Federal Prison
Industries shall be sold at current market prices and shall conform to
design, quality, and testing standards of the Federal Government and
the relevant private industry.''.

SEC. 4. PRODUCTION AND ACQUISITION OF PRISON-MADE PRODUCTS, PROCESSES
              AND SERVICES.

    (a) In General.--Section 4124 of title 18, United States Code, is
amended--
            (1) by striking ``(b) Disputes'' and inserting ``(f)
        Disputes.--Disputes'';
            (2) by striking ``(c) Each'' and inserting ``(g) Reporting
        of Acquisitions.--Each'';
            (3) by striking ``(d) Within'' and inserting ``(h)
        Catalog.--Within''; and
            (4) by striking the heading and subsection (a) and
        inserting the following:
``Sec. 4124. Production and acquisition of prison-made products,
              processes, and services
    ``(a) Relationship Between Federal Prison Industries and Government
Institutions.--The Federal departments and agencies and all other
Government institutions of the United States shall--
            ``(1) purchase from Federal Prison Industries such
        products, processes, or services of the industries authorized
        by this chapter as meet their requirements and may be
        available, except that if Federal Prison Industries and the
        workshops for the blind or other severely handicapped each
        offer competitive services, priority shall be afforded to
        services offered by the workshops; and
            ``(2) provide to Federal Prison Industries the maximum
        practicable opportunity to participate as a subcontractor in
        labor-intensive, light manufacturing segments of contracts
        awarded, consistent with efficient contract performance.
    ``(b) Production of Products, Processes, and Services Otherwise
Produced Offshore.--(1) Notwithstanding any other law and subject to
the limitations stated in this subsection, Federal Prison Industries
may produce or provide for sale on the open market processes, products,
and services that would otherwise be produced by foreign labor at
offshore locations.
    ``(2) Federal Prison Industries may enter into agreements with
private industry in order to carry out this section.
    ``(3) The board of directors of Federal Prison Industries shall
certify that processes, products, or services undertaken under this
section--
            ``(A) are labor-intensive and limited to levels that
        replace goods and services produced by offshore labor; and
            ``(B) do not significantly increase competition with any
        remaining domestic labor or industry.
    ``(c) Recycling of Materials for Sale on the Open Market.--
Notwithstanding any other law, Federal Prison Industries may produce
and provide for sale on the open market recycled materials directly or
in partnership with private sector firms.
    ``(d) Flood or Other Disaster Relief Activities.--Notwithstanding
any other law, Federal Prison Industries may produce or provide goods
and services for sale or donation on the open market to private,
nonprofit organizations chartered by Congress to assist in flood or
other disaster relief programs or activities.
    ``(e) Exemptions From Requirements of Other Laws.--(1)(A) Items
sold on the open market pursuant to the authority granted in this
chapter are exempt from the prohibition against shipment in commerce of
prison-made goods contained in section 1761.
    ``(B) Inmates who work on the production of products or processes
or provide services under this section are exempt from the minimum wage
requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
    ``(2) Section 4122(b) (4) and (5) do not apply with respect to
production undertaken pursuant to subsection (b) or (c).''.
    (b) Technical Amendment.--The chapter analysis for chapter 307 of
title 18, United States Code, is amended by striking the item relating
to section 4124 and inserting the following:

``4124. Production and acquisition of prison-made products, processes,
                            and services.''.

SEC. 5. PROCUREMENT.

    (a) In General.--Chapter 307 of title 18, United States Code, as
amended by section 1(a), is amended by adding at the end the following
new section:
``Sec. 4131. Procurement
    ``(a) In General.--Funds available to Federal Prison Industries may
be used to enter into contracts directly related to the purchase of
goods for industrial operations authorized under this chapter without
regard to laws governing procurement by Federal agencies.
    ``(b) Rule of Construction.--Nothing in this section shall be
construed to affect any requirement of law to purchase commodities and
services produced or provided by qualified nonprofit agencies for the
blind and other severely handicapped.
    ``(c) Procedures.--The board of directors of Federal Prison
Industries shall establish procedures to ensure that any such
procurements are conducted in a manner that promotes competition
consistent with the needs of the Corporation.''.
    (b) Technical Amendment.--The chapter analysis for chapter 307 of
title 18, United States Code, is amended by adding at the end the
following new item:

``4131. Procurement.''.

Summary: Amends the Federal criminal code to authorize Federal Prison Industries (FPI) to sell excess or obsolescent property on the open market at the best available price, with the proceeds of such sales to be deposited to the Prison Industries Fund. Requires FPI to determine the character of and necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to laws applicable to Government corporations. Requires commodities and services produced by FPI to be sold at current market prices and to conform to Federal and relevant private industry design, quality, and testing standards. Accords services of the workshops for the handicapped priority for Federal purchasing over those offered by FPI if both entities offer competitive services. Requires Federal agencies to provide to FPI the maximum opportunity to participate as a subcontractor in labor-intensive, light manufacturing segments of awarded contracts. Authorizes FPI to: (1) produce or provide for sale on the open market processes, products, and services that would otherwise be produced by foreign labor at offshore locations. And (2) enter into agreements with private industry for such purposes. Requires FPI to certify that such products, processes, or services: (1) are labor-intensive and limited to levels that replace goods and services produced by offshore labor. And (2) do not significantly increase competition with any remaining domestic labor or industry. Authorizes FPI to: (1) produce and provide recycled materials for sale on the open market. And (2) produce or provide goods and services for sale or donation on the open market to private, nonprofit organizations to assist in disaster relief. Exempts: (1) items sold on the open market pursuant to this Act from the prohibition against shipment in commerce of prison-made goods. And (2) inmates who work on the production of products or services from the minimum wage requirements of the Fair Labor Standards Act of 1938. Authorizes FPI funds to be used to enter into contracts related to the purchase of goods for industrial operations without regard to laws governing procurement by Federal agencies.

A bill to enable all able-bodied Federal prisoners to work.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corporate Responsibility Fee Act of
2017''.

SEC. 2. IMPOSITION OF EXCISE TAX ON CORPORATIONS WITH LOW-WAGE
              EMPLOYEES.

    (a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by adding after chapter 36 the following new chapter:

               ``CHAPTER 37--CORPORATE RESPONSIBILITY TAX

``Sec. 4511. Imposition of tax.

``SEC. 4511. IMPOSITION OF TAX.

    ``(a) In General.--In the case of an applicable employer who
employs a low-wage employee during the calendar year, there is imposed
a tax equal to the applicable percentage of the aggregate amount of
wages paid by the applicable employer with respect to employment of all
employees of the employer during the calendar year.
    ``(b) Applicable Employer; Low-Wage Employee.--For purposes of this
section--
            ``(1) Applicable employer.--
                    ``(A) In general.--The term `applicable employer'
                means, with respect to any calendar year, any employer
                who was required to make deposits of taxes under
                chapters 21 and 24 (or who would have been required to
                make such deposits if the rules of subparagraph (C)
                applied for such purposes) by the close of the next day
                for periods aggregating more than 180 days during the
                preceding calendar year.
                    ``(B) Exception.--Such term shall not include a
                Federal or other governmental entity or a church or
                qualified church organization (as such terms are
                defined in section 3121(w)(3)).
                    ``(C) Aggregation rules.--The rules of subsections
                (b), (c), (m), and (o) of section 414 shall apply for
                purposes of this section, except that in applying
                subsections (b) and (c) of such section, the phrase
                `more than 50 percent' shall be substituted for the
                phrase `more than 80 percent' each place it appears.
            ``(2) Low-wage employee.--
                    ``(A) In general.--The term `low-wage employee'
                means any employee who receives wages from an
                applicable employer during the calendar year in an
                amount less than 218 percent of the Federal poverty
                line (within the meaning of section 2110(c)(5) of the
                Social Security Act) for an individual. Rules similar
                to the rules of section 36B(d)(3)(B) shall apply for
                purposes of this subparagraph.
                    ``(B) Employees employed for less than entire
                year.--In the case of any employee employed by an
                applicable taxpayer for less than the entire calendar
                year, the amount described in subparagraph (A) shall be
                reduced by an amount which bears the same ratio to such
                amount as--
                            ``(i) the number of weeks during the
                        calendar year in which such individual was not
                        an employee of such applicable employer, bears
                        to
                            ``(ii) 52.
    ``(c) Applicable Percentage.--For purposes of subsection (a)--
            ``(1) In general.--
                    ``(A) Determination.--The applicable percentage
                shall be determined as follows:

------------------------------------------------------------------------
 ``In the case of an applicable employer with a low-wage  The applicable
                   employee ratio of:                     percentage is:
------------------------------------------------------------------------
25% or less.............................................             25%
Greater than 25% but not greater than 50%...............             50%
Greater than 50%, but not greater than 75%..............             75%
Greater than 75%........................................           100%.
------------------------------------------------------------------------

                    ``(B) Low-wage employee ratio.--For purposes of
                subparagraph (A), the low-wage employee ratio with
                respect to any applicable employer is the ratio
                (expressed as a percentage) of--
                            ``(i) the number of low-wage employees
                        employed by the applicable employer during the
                        calendar year, to
                            ``(ii) the total number of individuals
                        employed by the applicable employer during such
                        calendar year.
            ``(2) Health and retirement offset.--
                    ``(A) In general.--In the case of an applicable
                employer who meets the requirements of subparagraph
                (B), the applicable percentage shall be reduced (but
                not below zero) by 25 percentage points.
                    ``(B) Requirements.--An applicable employer meets
                the requirements of this subparagraph if such
                applicable employer--
                            ``(i) offers to all full-time low-wage
                        employees (and their spouse and dependents) the
                        opportunity to enroll for all months during the
                        calendar year in minimum essential coverage
                        under an eligible employer sponsored health
                        plan (as defined in section 5000A(f)(2)) for
                        which--
                                    ``(I) the plan's share of the
                                allowed costs of benefits provided
                                under the plan is not less than 60
                                percent of such costs, and
                                    ``(II) the required contribution
                                (within the meaning of section
                                5000A(e)(1)(B)) of the employee does
                                not exceed the applicable percentage of
                                the annual wages paid to the employee
                                by the applicable employer, and
                            ``(ii) meets the retirement plan
                        requirements of subsection (d) for all
                        employees who are low-wage employees.
                For purposes of clause (i)(II), the applicable
                percentage is the percentage in effect under section
                36B(c)(2)(B)(II) for the plan year.
    ``(d) Retirement Plan Requirements.--
            ``(1) In general.--The requirements of this subsection are
        met for any calendar year with respect to an employee of the
        applicable employer who is a low-wage employee if the employee
        is eligible to participate in one or more applicable eligible
        retirement plans maintained by the applicable employer (or any
        member of the group of employers treated as an applicable
        employer under subsection (b)(1)(C)) for a plan year ending
        with or within the calendar year.
            ``(2) Applicable eligible retirement plan.--For purposes of
        this subsection, the term `applicable eligible retirement plan'
        means an eligible retirement plan which, with respect to the
        plan year described in paragraph (1), is either--
                    ``(A) a defined contribution plan which requires
                the employer to make nonelective contributions of at
                least 5 percent of the compensation of the employee, or
                    ``(B) a defined benefit plan--
                            ``(i) with respect to which the accrued
                        benefit of the employee derived from employer
                        contributions, when expressed as an annual
                        retirement benefit, is not less than the
                        product of--
                                    ``(I) the lesser of 2 percent
                                multiplied by the employee's years of
                                service (determined under the rules of
                                paragraphs (4), (5), and (6) of section
                                411(a)) with the employer or 20
                                percent, multiplied by
                                    ``(II) the employee's final average
                                pay, or
                            ``(ii) which is an applicable defined
                        benefit plan (as defined in section
                        411(a)(13)(B))--
                                    ``(I) which meets the interest
                                credit requirements of section
                                411(b)(5)(B)(i) with respect to the
                                plan year, and
                                    ``(II) under which the employee
                                receives a pay credit for the plan year
                                which is not less than 5 percent of
                                compensation.
            ``(3) Definitions and special rules.--For purposes of this
        subsection--
                    ``(A) Eligible retirement plan.--The term `eligible
                retirement plan' has the meaning given such term by
                section 402(c)(8)(B), except that in the case of an
                account or annuity described in clause (i) or (ii)
                thereof, such term shall only include an account or
                annuity which is a simplified employee pension (as
                defined in section 408(k)).
                    ``(B) Final average pay.--For purposes of paragraph
                (2)(B)(i)(II), final average pay shall be determined
                using the period of consecutive years (not exceeding 5)
                during which the employee had the greatest compensation
                from the applicable employer.
                    ``(C) Alternative plan designs.--The Secretary may
                prescribe regulations for an applicable employer to
                meet the requirements of this subsection through a
                combination of defined contribution plans or defined
                benefit plans described in paragraph (1) or through a
                combination of both such types of plans.
                    ``(D) Plans must meet requirements without taking
                into account social security and similar contributions
                and benefits.--A rule similar to the rule of section
                416(e) shall apply.
                    ``(E) Certain employees may be excluded.--For
                purposes of paragraph (2)(B)(ii), an employer shall not
                be treated as failing to meet the requirements of this
                subsection with respect to employees--
                            ``(i) who have not attained the age of 21
                        before the close of a plan year,
                            ``(ii) who have less than 1 year of service
                        with the employer as of any day during the plan
                        year,
                            ``(iii) who are covered under an agreement
                        which the Secretary of Labor finds to be a
                        collective bargaining agreement if there is
                        evidence that the benefits covered under the
                        plan were the subject of good faith bargaining
                        between employee representatives and the
                        employer, or
                            ``(iv) who are described in section
                        410(b)(3)(C) (relating to nonresident aliens
                        working outside the United States).
    ``(e) Definitions and Special Rules.--For purposes of this
section--
            ``(1) Wages.--The term `wages' has the meaning given such
        term by section 3121(a) (determined without regard to any
        dollar limitation contained in such section).
            ``(2) Allocation of tax.--The Secretary shall prescribe
        such rules as necessary for the allocation of the tax imposed
        by subsection (a) among different entities treated as a single
        employer under subsection (b)(1)(C).''.
    (b) Conforming Amendment.--The table of chapters of the Internal
Revenue Code of 1986 is amended by inserting after the item relating to
chapter 36 the following new item:

             ``Chapter 37--Corporate Responsibility Tax''.

    (c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after the date of the enactment of
this Act.

Summary: Corporate Responsibility Fee Act of 2017 This bill amends the Internal Revenue Code to impose a specified excise tax on certain employers who employ low-wage employees during the taxable year. A quot, low-wagequot. Employee is an employee who receives wages from the employer that are less than 218 of the federal poverty line. The bill reduces the amount of the tax for employers who provide certain health and retirement benefits to low-wage employees. Government employers, churches, and church organizations are exempt from the tax.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rush Hour Congestion Relief Act of
2004''.

SEC. 2. TRAFFIC INCIDENT MANAGEMENT PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by inserting after section 138 the following:
``Sec. 139. Traffic incident management program
    ``(a) In General.--The Secretary shall establish and implement a
traffic incident management program in accordance with this section to
assist States and localities in--
            ``(1) regional traffic incident management program
        planning; and
            ``(2) carrying out projects to mitigate the effects of
        traffic delays resulting from accidents, breakdowns, and other
        non-recurring incidents on highways.
    ``(b) Use of Funds.--Funds apportioned to a State under this
section may be used for--
            ``(1) regional collaboration and coordination activities
        that lead to regional traffic incident management policies,
        programs, plans, procedures, and agreements;
            ``(2) purchase or lease of telecommunications equipment for
        first responders as part of the development of a regional
        traffic incident management program;
            ``(3) purchase or lease of equipment to support the
        clearance of traffic incidents;
            ``(4) payments to contractors for towing and recovery
        services as part of a regional traffic incident management
        program;
            ``(5) rental of vehicle storage or staging areas
        immediately adjacent to roadways as part of a regional traffic
        incident management program;
            ``(6) traffic service patrols as part of a regional traffic
        incident management program;
            ``(7) enhanced hazardous materials incident response;
            ``(8) traffic management systems in support of traffic
        incident management;
            ``(9) traffic incident management training;
            ``(10) crash investigation equipment;
            ``(11) other activities under a regional traffic incident
        management plan; and
            ``(12) statewide incident reporting systems.
    ``(c) Regional Traffic Incident Management Plan.--
            ``(1) Plan.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), funds apportioned under this section
                may not be obligated for an urbanized area with a
                population greater than 300,000 until such time as a
                regional traffic incident management plan is developed
                for the urbanized area.
                    ``(B) Funds for plan.--An urbanized area described
                in subparagraph (A) may use funds apportioned under
                this section to develop the regional traffic incident
                management plan in accordance with this subsection.
            ``(2) Plan development.--
                    ``(A) Collaboration.--Any urbanized area described
                in paragraph (1) that receives funds apportioned under
                this section shall engage in regional collaboration and
                coordination activities to develop the regional traffic
                incident management plan required for the urbanized
                area under that paragraph.
                    ``(B) Plan elements.--The regional traffic incident
                management plan for an urbanized area under paragraph
                (1) shall include--
                            ``(i) a strategy, adopted by
                        transportation, public safety, and appropriate
                        private sector participants, for funding,
                        implementing, managing, operating, and
                        evaluating the traffic incident management
                        program initiatives and activities for the
                        urbanized area in a manner that ensures
                        regional coordination of those initiatives and
                        activities;
                            ``(ii) an estimate of the impact of the
                        plan on traffic delays; and
                            ``(iii) a description of the means by which
                        traffic incident management information will be
                        shared among operators, service providers,
                        public safety officials, and the general
                        public.
    ``(d) Funding.--
            ``(1) Authorization of appropriations.--There is authorized
        to be appropriated from the Highway Trust Fund (other than the
        Mass Transit Account) to carry out this section $1,000,000,000
        for each of fiscal years 2005 through 2010.
            ``(2) Apportionment among states.--Funds made available
        under paragraph (1) shall be apportioned among the States in
        the proportion that--
                    ``(A) the aggregate population of the State, or
                part of the State, in urbanized areas with a population
                greater than 300,000; bears to
                    ``(B) the total population of all States, or parts
                of all States, in those urbanized areas.
            ``(3) Distribution within states.--Funds apportioned to a
        State under paragraph (2) shall be made available to carry out
        projects and activities under regional traffic incident
        management plans in each urbanized area in the State with a
        population greater than 300,000 in the proportion that--
                    ``(A) the population of the urbanized area, or part
                of the urbanized area, in the State; bears to
                    ``(B) the total population of all urbanized areas
                in the State.
    ``(e) Determination of Populations.--For the purpose of determining
populations of areas under this section, the Secretary shall use
information from the most current decennial census, as supplied by the
Secretary of Commerce.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by inserting after the
item relating to section 138 the following:

``139. Traffic incident management program.''.

Summary: Rush Hour Congestion Relief Act of 2004 - Amends the Federal-Aid Highways Program to direct the Secretary of Transportation to establish and implement a traffic incident management program to assist States and localities in: (1) regional traffic incident management program planning. And (2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways. Prohibits funds apportioned under this Act from being obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area. Requires an urbanized area that receives funds under this Act to engage in certain regional collaboration and coordination activities to develop a prescribed regional traffic incident management plan. Prescribes an apportionment formula for funds distribution among the States to implement this Act.

A bill to amend title 23, United States Code, to establish a traffic incident management program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Motor Donor Act''.

SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY.

    Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting before section 371 the following:

               ``Subpart 1--National Organ Donor Registry

``SEC. 370. NATIONAL ORGAN DONOR REGISTRY.

    ``(a) Purposes.--The purposes of this subpart are--
            ``(1) to establish procedures that will increase the number
        of individuals who register their intent to be organ or tissue
        donors and to support State efforts to provide for donor
        designations through State motor vehicle driver's license
        application processes;
            ``(2) to make it possible for Federal and State governments
        to enhance the information received by individuals regarding
        organ or tissue donation;
            ``(3) to ensure that timely and accurate information
        regarding an individual's wishes regarding organ and tissue
        donation is made available; and
            ``(4) to provide grants to States to establish organ and
        tissue donor registries through State motor vehicle driver's
        license application processes and linkages to the National
        Registry.
    ``(b) Definitions.--In this subpart:
            ``(1) Motor vehicle driver's license.--The term `motor
        vehicle driver's license' means any personal identification
        document issued by a State motor vehicle authority.
            ``(2) State.--The term `State' means each of the 50 States
        and the District of Columbia.
    ``(c) Establishment of Registry.--
            ``(1) In general.--The Secretary shall establish and
        maintain a national organ and tissue donor registry (referred
        to in this section as the `Registry').
            ``(2) Database.--The Registry shall consist of a database
        of information listing individuals who have expressed an intent
        to be organ or tissue donors. The information for each
        individual shall include such individual's name, address, date
        of birth, sex, height, and eye color, and a Registry
        identification number assigned by the Secretary.
    ``(d) Coordination With States and Organ Procurement
Organizations.--
            ``(1) States.--
                    ``(A) Initial 2-year period.--The Secretary, during
                the 2-year period after the date of enactment of the
                Motor Donor Act, shall--
                            ``(i) coordinate activities with States
                        that have organ and tissue donor registries
                        operated through a State agency to share
                        existing data; and
                            ``(ii) provide links between the Registry
                        and such State agencies on an ongoing basis.
                    ``(B) Initial 4-year period.--The Secretary, during
                the 4-year period after the date of enactment of the
                Motor Donor Act, shall coordinate activities with
                States to promote and encourage the establishment of
                organ and tissue donor registries through the motor
                vehicle driver's license process.
            ``(2) Organ procurement organizations.--The Secretary shall
        provide to each organ procurement organization within the
        United States a means by which the organization may promptly
        access the Registry 24-hours a day using a password assigned to
        the organization by the Secretary. In order to obtain such a
        password, each such procurement organization shall designate
        staff members within the organization to receive the password
        and to access the Registry.
    ``(e) Website.--
            ``(1) In general.--The Secretary, not later than 3 years
        following the date of enactment of the Motor Donor Act, shall
        disseminate to all United States citizens who reside within the
        United States and who filed a Federal income tax return with
        the Internal Revenue Service during the prior year, a pamphlet
        that contains information about organ and tissue donations and
        that includes an address for a website where individuals may
        elect to participate in the Registry.
            ``(2) Notification.--Within 4 months after an individual
        elects to participate in the Registry through the website, the
        Secretary shall notify such individual concerning the
        individual's participation in the Registry.
    ``(f) Limitations.--
            ``(1) Organ allocation.--Participation in the Registry
        shall not affect organ or tissue allocation. Standard State and
        national practices that determine the appropriate procurement
        organization for obtaining consent for an individual's organ or
        tissue donation shall continue to apply to such determinations.
            ``(2) Registry of intent.--The Registry shall be considered
        a registry only of an individual's intent to serve as an organ
or tissue donor. Participation in the Registry shall not be deemed to
be the provision of legally binding consent for organ or tissue
donation except as provided by State law.
            ``(3) Request to cancel participation.--Individuals who
        elect to participate in the Registry shall have the right to
        cancel such participation at any time. The Secretary shall
        notify individuals who elect to participate in the Registry of
        their right to cancel such participation and the procedure for
        canceling such participation. The Secretary shall promptly
        remove from the Registry information concerning any individual
        who cancels participation in the Registry.
    ``(g) Grants to States.--
            ``(1) In general.--The Secretary is authorized to award
        grants to States that have applications approved under
        paragraph (2) to enable such States to plan and implement State
        registries associated with the motor vehicle driver's license
        application process and to provide for linkages with the
        Registry.
            ``(2) Applications.--
                    ``(A) In general.--Each State desiring a grant
                under this subsection shall submit an application to
                the Secretary at such time, in such manner, and
                containing such information as the Secretary may
                require.
                    ``(B) State procedure.--Each application submitted
                under subparagraph (A) shall demonstrate how the State
                will establish procedures to allow an individual to
                make a legally binding gift regarding organ and tissue
                donation by application or by designation made
                simultaneously with an application for a motor vehicle
                driver's license.
                    ``(C) Assurances.--Each application submitted under
                subparagraph (A) shall contain assurances that the
                State procedures described in subparagraph (B) will
                comply with the following requirements:
                            ``(i) License application.--The State
                        procedures shall include a process whereby each
                        State motor vehicle driver's license
                        application (including any renewal application)
                        that is submitted to the appropriate State
                        motor vehicle authority under State law
                        provides the individual submitting the
                        application with the option of designating the
                        individual's intent to be an organ and tissue
                        donor.
                            ``(ii) Donor designation.--The State
                        procedures shall provide that the application
                        described in clause (i) shall contain the
                        question, `Do you wish to have the organ donor
                        designation in the State registry?' or, if the
                        State agency process provides, `Do you wish to
                        have the organ donor designation on your
                        driver's license?'.
                            ``(iii) Affirmative response.--The State
                        procedures shall provide that only those
                        individuals who answer affirmatively to the
                        question described in clause (ii) shall have
                        their organ donor preference noted in the State
                        registry or, if applicable, on their motor
                        vehicle driver's license.
                            ``(iv) Forwarding of information.--The
                        State procedures shall provide that the State
                        shall forward to the Registry the names of
                        those individuals who answer affirmatively to
                        the question described in clause (ii), that
                        such information shall be forwarded not later
                        than 100 days after the date of designation,
                        and that any change in designation or change of
                        address information shall also be forwarded to
                        the Registry.
                            ``(v) Negative response.--The State
                        procedures shall provide that the name of any
                        individual who chooses not to have the organ
                        donor designation included in the State
                        registry or, if applicable, on the individual's
                        driver's license will not be forwarded to the
                        Registry.
                            ``(vi) Access by organ procurement
                        organization.--The State procedures shall
                        provide that the information regarding an
                        individual who answers affirmatively to the
                        question described in clause (ii) shall be
                        recorded in the individual's computer record
                        with the appropriate State agency. The State
                        agency shall provide 24-hour a day access to
                        such donor information to organ procurement
                        organizations, and the organ procurement
                        organizations shall not be assessed a fee or
                        other charge for such access.
            ``(3) Priority.--The Secretary shall give priority in
        awarding grants under this subsection to States that submit
        applications demonstrating that the State has collaborated with
        organ procurement organizations serving the State.
            ``(4) Limitation.--No grant awarded under this subsection
        to any one State shall exceed $300,000.
    ``(h) Advisory Task Force.--
            ``(1) In general.--There is established an advisory task
        force on organ and tissue donation (referred to in this
        subsection as the `Task Force').
            ``(2) Membership.--
                    ``(A) Members.--
                            ``(i) In general.--The Task Force shall
                        consist of 5 members, who shall be appointed by
                        the Secretary.
                            ``(ii) Qualifications.--
                                    ``(I) In general.--The Secretary
                                shall appoint members of the Task Force
                                based upon their experience with organ
                                or tissue donations, organ procurement,
                                or organ transplants.
                                    ``(II) Special experience.--At
                                least 1 member of the Task Force shall
                                be a physician with experience in
                                performing organ transplants, and
at least 1 member of the Task Force shall have experience in organ
procurement.
                    ``(B) Term.--
                            ``(i) In general.--Except as provided in
                        this subparagraph, each member of the Task
                        Force shall be appointed for a term of 3 years.
                        Members of the Task Force may be reappointed.
                            ``(ii) Staggered terms.--As so designated
                        by the Secretary at the time of appointment,
                        the terms of two of the initial members shall
                        expire at the end of 2 years.
                    ``(C) Vacancies.--Any vacancy in the Task Force
                shall not affect the Task Force's powers but shall be
                filled in the same manner as the original appointment.
            ``(3) Functions.--
                    ``(A) Partnership.--The Task Force shall offer to
                enter into a partnership with the Coalition on Donation
                (a national membership organization with the sole
                purpose of increasing organ and tissue donations) to
                incorporate into the Coalition's national awareness
                campaign an outreach and awareness campaign for the
                Registry.
                    ``(B) Report.--Not later than 1 year after the date
                of enactment of the Motor Donor Act, the Task Force
                shall conduct a study concerning, and submit to the
                Secretary a report containing, recommendations for
                improving the Registry, increasing public awareness
                about organ and tissue donation, and improving the
                organ and tissue donation process.
            ``(4) Administration.--
                    ``(A) Personnel.--
                            ``(i) Travel expenses.--The members of the
                        Task Force shall not receive compensation for
                        the performance of services for the Task Force,
                        but 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 services for the Task Force. Notwithstanding
                        section 1342 of title 31, United States Code,
                        the Secretary may accept the voluntary and
                        uncompensated services of members of the Task
                        Force.
                            ``(ii) Detail of government employees.--Any
                        Federal Government employee may be detailed to
                        the Task Force without reimbursement, and such
                        detail shall be without interruption or loss of
                        civil service status or privilege.
                    ``(B) Administrative support.--The Department of
                Health and Human Services shall provide necessary and
                appropriate administrative support to the Task Force.
            ``(5) Permanent committee.--Section 14 of the Federal
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the
        Task Force.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--
                    ``(A) Registry and grants.--There is authorized to
                be appropriated to carry out this section, other than
                subsection (h)(3), such sums as may be necessary for
                each of fiscal years 2002 through 2006.
                    ``(B) Awareness campaign.--There is authorized to
                be appropriated to carry out subsection (h)(3),
                $3,000,000 for each of fiscal years 2002 through 2006.
            ``(2) Availability.--Any amounts appropriated pursuant to
        paragraph (1) shall remain available until expended.

                   ``Subpart 2--Organ Procurement''.

SEC. 3. AMENDMENT OF INTERNAL REVENUE CODE.

    Section 6103(m) of the Internal Revenue Code of 1986 (relating to
disclosure of taxpayer identity information) is amended by adding at
the end the following:
            ``(18) Disclosure of taxpayer identification to carry out
        organ donor program.--
                    ``(A) In general.--The Secretary may, upon written
                request from the Secretary of Health and Human
                Services, disclose to officers and employees of the
                Department of Health and Human Services the name and
                address of each individual filing a return of tax under
                section 6012 for the previous taxable year.
                    ``(B) Restriction on use of disclosed
                information.--Return information disclosed under
                subparagraph (A) may be used by officers and employees
                of the Department of Health and Human Services only for
                the purposes of, and to the extent necessary in,
                carrying out the requirement to contact individuals
                regarding the national organ and tissue donor registry
                under section 370(c) of the Public Health Service
                Act.''.

SEC. 4. CONFORMING AMENDMENTS.

    Subpart 2 of part H of title III of the Public Health Service Act
(as so designated) (42 U.S.C. 273 et seq.) is amended in sections
374(a), 374(d), 375(1), and 378, by striking ``this part'' each place
it appears and inserting ``this subpart''.

Summary: Motor Donor Act - Amends the Public Health Service Act to provide for the establishment and maintenance of a national organ and tissue donor registry consisting of a database of information listing individuals who have expressed an intent to be organ or tissue donors. Provides for the coordination of the Registry with State and organ and tissue registries and procurement organizations. Authorizes grants to States for the planning and implementation of State registries associated with the motor vehicle driver's license application process and for linkages with the Registry. Establishes an advisory task force on organ and tissue donation. Amends the Internal Revenue Code to permit the disclosure of taxpayer identification in connection with the Registry.

To amend the Public Health Service Act to establish a National Organ and Tissue Donor Registry that works in conjunction with State organ and tissue donor registries, to create a public-private partnership to launch an aggressive outreach and education campaign about organ and tissue donation and the Registry, and for other purposes.


SECTION 1. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE.

    (a) In General.--Section 121 of the Internal Revenue Code of 1986
is amended to read as follows:

``SEC. 121. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE.

    ``(a) General Rule.--Gross income does not include gain from the
sale or exchange of property if during the 5-year period ending on the
date of the sale or exchange, such property has been owned and used by
the taxpayer as his principal residence for periods aggregating 2 years
or more.
    ``(b) Dollar Limitation.--
            ``(1) In general.--The amount of the gain excluded from
        gross income under subsection (a) shall not exceed $250,000
        ($500,000 in the case of a joint return where both spouses meet
        the holding and use requirements of subsection (a)).
            ``(2) Inflation adjustment.--
                    ``(A) In general.--In the case of a taxable year
                beginning in a calendar year after 1997, the $250,000
                and $500,000 amounts contained in paragraph (1) shall
                each be increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment under
                        section 1(f)(3) for the calendar year in which
                        the taxable year begins, determined by
                        substituting `calendar year 1996' for `calendar
                        year 1992' in subparagraph (B) thereof.
                    ``(B) Rounding.--If any amount as adjusted under
                subparagraph (A) is not a multiple of $100, such amount
                shall be rounded to the nearest multiple of $100.
    ``(c) Special Rules.--
            ``(1) Property held jointly by husband and wife.--For
        purposes of this section, if--
                    ``(A) property is held by a husband and wife as
                joint tenants, tenants by the entirety, or community
                property,
                    ``(B) such husband and wife make a joint return
                under section 6013 for the taxable year of the sale or
                exchange, and
                    ``(C) one spouse satisfies the holding and use
                requirements of subsection (a) with respect to such
                property,
        then both husband and wife shall be treated as satisfying the
        holding and use requirements of subsection (a) with respect to
        such property.
            ``(2) Property of deceased spouse.--For purposes of this
        section, in the case of an unmarried individual whose spouse is
        deceased on the date of the sale or exchange of property, if
        the deceased spouse (during the 5-year period ending on the
        date of the sale or exchange) satisfied the holding and use
        requirements of subsection (a) with respect to such property,
        then such individual shall be treated as satisfying the holding
        and use requirements of subsection (a) with respect to such
        property.
            ``(3) Tenant-stockholder in cooperative housing
        corporation.--For purposes of this section, if the taxpayer
        holds stock as a tenant-stockholder (as defined in section 216)
        in a cooperative housing corporation (as defined in such
        section), then--
                    ``(A) the holding requirements of subsection (a)
                shall be applied to the holding of such stock, and
                    ``(B) the use requirements of subsection (a) shall
                be applied to the house or apartment which the taxpayer
                was entitled to occupy as such stockholder.
            ``(4) Involuntary conversions.--For purposes of this
        section, the destruction, theft, seizure, requisition, or
        condemnation of property shall be treated as the sale of such
        property.
            ``(5) Property used in part as principal residence.--In the
        case of property only a portion of which, during the 5-year
period ending on the date of the sale or exchange, has been owned and
used by the taxpayer as his principal residence for periods aggregating
2 years or more, this section shall apply with respect to so much of
the gain from the sale or exchange of such property as is determined,
under regulations prescribed by the Secretary, to be attributable to
the portion of the property so owned and used by the taxpayer.
            ``(6) Determination of marital status.--In the case of any
        sale or exchange, for purposes of this section--
                    ``(A) the determination of whether an individual is
                married shall be made as of the date of the sale or
                exchange; and
                    ``(B) an individual legally separated from his
                spouse under a decree of divorce or of separate
                maintenance shall not be considered as married.
            ``(7) Application of sections 1033 and 1034.---In applying
        sections 1033 (relating to involuntary conversions) and 1034
        (relating to sale or exchange of residence), the amount
        realized from the sale or exchange of property shall be treated
        as being the amount determined without regard to this section.
            ``(8) Property acquired after involuntary conversion.--If
        the basis of the property sold or exchanged is determined (in
        whole or in part) under subsection (b) of section 1033
        (relating to basis of property acquired through involuntary
        conversion), then the holding and use by the taxpayer of the
        converted property shall be treated as holding and use by the
        taxpayer of the property sold or exchanged.
            ``(9) Determination of use during periods of out-of-
        residence care.--In the case of a taxpayer who--
                    ``(A) becomes physically or mentally incapable of
                self-care, and
                    ``(B) owns property and uses such property as the
                taxpayer's principal residence during the 5-year period
                described in subsection (a) for periods aggregating at
                least 1 year,
        then the taxpayer shall be treated as using such property as
        the taxpayer's principal residence during any time during such
        5-year period in which the taxpayer owns the property and
        resides in any facility (including a nursing home) licensed by
        a State or political subdivision to care for an individual in
        the taxpayer's condition.
    ``(d) Election To Have Section Not Apply.--At the election of the
taxpayer with respect to any sale or exchange of a principal residence,
this section shall not apply to such sale or exchange.''
    (b) Conforming Amendments.--
            (1) Paragraph (3) of section 1033(k) is amended to read as
        follows:
            ``(3) For exclusion from gross income of gain from
        involuntary conversion of principal residence, see section
        121.''
            (2) Subparagraph (A) of section 1038(e)(1) is amended by
        striking ``(relating to one-time exclusion of gain from sale of
        principal residence by individual who has attained age 55)''
        and inserting the following: ``(relating to gain on sale of
        principal residence)''.
            (3) subparagraph (B) of section 1250(d)(7) is amended to
        read as follows:
                    ``(B) property in respect of which the taxpayer
                meets the ownership requirements of section 121, but
                only to the extent that the taxpayer meets the use
                requirements of such section in respect of such
                property.''
            (4) Subsection (c) of section 6012 is amended by striking
        ``(relating to one-time exclusion of gain from sale of
        principal residence by individual who has attained age 55)''
        and inserting ``(relating to gain from sale of principal
        residence)''.
            (5) The item relating to section 121 in the table of
        sections for part III of subchapter B of chapter 1 is amended
        to read as follows:

                              ``Sec. 121. Exclusion of gain from sale
                                        of principal residence.''
    (c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges on or after the date of the enactment of
this Act.

Summary: Amends the Internal Revenue Code to exclude up to $250,000 of gain on the sale of a principal residence if owned and used as the principal residence for periods aggregating at least two years during the five-year period prior to sale or exchange. Sets forth special rules relating to: (1) jointly held property, (2) a deceased spouse, (3) a cooperative housing tenant-stockholder, (4) partial principal residence use, (5) determination of marital status, (6) acquisition after involuntary conversion, and (6) periods of out-of-residence health care.

To amend the Internal Revenue Code of 1986 to provide for an exclusion of capital gains upon the sale of a principal residence.