[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 788 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 788
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2001
Mr. Schumer introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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''.
<all>