[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3514 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3514

 To amend the Public Health Service Act to establish a National Organ 
  and Tissue Donor Registry Resource Center, to authorize grants for 
    State organ and tissue donor registries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 2011

 Mr. Clay (for himself, Mr. Grijalva, and Ms. Bordallo) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to establish a National Organ 
  and Tissue Donor Registry Resource Center, to authorize grants for 
    State organ and tissue donor registries, 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 ``Everson Walls and Ron Springs Gift 
for Life Act of 2011''.

SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER.

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

``SEC. 371B. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration, shall establish a 
National Organ and Tissue Donor Registry Resource Center (referred to 
in this section as the `Center').
    ``(b) Duties.--The Center shall--
            ``(1) advance the development, expansion, and evaluation of 
        State organ and tissue donor registries;
            ``(2) facilitate timely access to and exchange of accurate 
        donor information between State registries 7 days each week on 
        a 24-hour basis;
            ``(3) ensure that State organ and tissue donor registries 
        funded through section 371C are in compliance with the 
        requirements described in such section, including the operating 
        standards described in section 371C(d);
            ``(4) provide technical assistance to States for the 
        establishment and operation of State organ and tissue 
        registries; and
            ``(5) maintain a registry information clearinghouse, 
        including by maintaining a Web site, to collect, synthesize, 
        and disseminate best practices information about organ and 
        tissue donor registries.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2012 through 2016.''.

SEC. 3. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES.

    Part H of title III of the Public Health Service Act (42 U.S.C. 273 
et seq.) is amended by inserting after section 371B, as inserted by 
section 2, the following:

``SEC. 371C. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES.

    ``(a) Program Authorized.--The Secretary shall award grants or 
cooperative agreements to eligible entities to support the development, 
enhancement, expansion, and evaluation of State organ and tissue donor 
registries.
    ``(b) Definition.--In this section, the term `eligible entity' 
means a State agency or a State contracted entity.
    ``(c) Use of Funds.--As a condition on the receipt of a grant or 
cooperative agreement under this section, an eligible entity shall 
agree to use the grant or cooperative agreement--
            ``(1) to develop, expand, or maintain a State organ and 
        tissue donor registry; and
            ``(2) to establish benchmarks for improvement in organ and 
        tissue donation in the State.
    ``(d) Operating Standards.--As a condition on the receipt of a 
grant or cooperative agreement under this section for a State organ and 
tissue donor registry, an eligible entity shall agree to maintain the 
registry in accordance with the following:
            ``(1) The registry must allow a donor or any other person 
        authorized by the donor to include in the registry a statement 
        or symbol that the donor has made, amended, or revoked an 
        anatomical gift.
            ``(2) The registry must be accessible to any qualified 
        organ procurement organization described in section 371(b) to 
        allow the organization to obtain relevant information on the 
        registry to determine, at or near the death of the donor or a 
        prospective donor, whether the donor or prospective donor has 
        made, amended, or revoked an anatomical gift.
            ``(3) The registry must be accessible as described in 
        paragraphs (1) and (2) 7 days each week on a 24-hour basis.
            ``(4) The registry must ensure that personally identifiable 
        information on the registry about a donor or prospective donor 
        may not be used or disclosed without the express consent of the 
        donor or prospective donor for any purpose other than to 
        determine, at or near the death of the donor or prospective 
        donor, whether the donor or prospective donor has made, 
        amended, or revoked an anatomical gift.
    ``(e) Application.--To seek a grant or cooperative agreement under 
this section, an entity shall submit an application to the Secretary at 
such time, in such manner, and containing such information as the 
Secretary may reasonably require.
    ``(f) Report.--As a condition on the receipt of a grant or 
cooperative agreement under this section, not later than 180 days after 
receipt of the grant or cooperative agreement, and every 180 days 
thereafter (through the date of completion of the activities funded 
through the grant or cooperative agreement), an eligible entity shall 
prepare and submit a report to the Secretary that--
            ``(1) describes the manner in which such entity has used 
        amounts received through the grant or cooperative agreement; 
        and
            ``(2) assesses initiatives that may be replicated in other 
        States.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2012 through 2016.''.

SEC. 4. LIMITATION ON LIABILITY.

    Part H of title III of the Public Health Service Act (42 U.S.C. 273 
et seq.) is amended by inserting after section 371C, as inserted by 
section 3, the following:

``SEC. 371D. LIMITATION ON LIABILITY.

    ``No person may be held civilly liable by reason of having 
harvested or taken an individual's organs or tissues without having 
obtained valid consent for the harvesting or taking, if--
            ``(1) such person has verified that, at the time of the 
        harvesting or taking, the individual is registered as a donor 
        with a State organ and tissue donor registry; and
            ``(2) the harvesting or taking is within the scope of the 
        consent given by such individual for purposes of such 
        registration.''.

SEC. 5. STUDY ON FEASIBILITY OF ESTABLISHING A LIVING DONOR DATABASE.

    Section 371A of the Public Health Service Act (42 U.S.C. 273a) is 
amended--
            (1) by striking ``The Secretary may establish'' and 
        inserting ``(a) In General.--The Secretary may establish''; and
            (2) by adding at the end the following:
    ``(b) Study.--Not later than 1 year after the date of the enactment 
of the Everson Walls and Ron Springs Gift for Life Act of 2011, the 
Comptroller General of the United States shall--
            ``(1) complete a study to determine the feasibility of 
        establishing a living donor database for the purpose of 
        tracking the short- and long-term health effects for such 
        donors associated with living organ donation; and
            ``(2) submit a report to the Congress on the results of 
        such study.''.
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