[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''.
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