SEC. 2. REPRODUCTIVE TISSUE DONOR INFORMATION. 
(a) IN GENERAL.—The Public Health Service Act 
(42 U.S.C. 201 et seq.) is amended by inserting after sec-
tion 369 the following new section: 
‘‘SEC. 369A. REPRODUCTIVE TISSUE DONOR INFORMATION. 
‘‘(a) IN GENERAL.—The Secretary shall, by regula-
tion, require that a reproductive tissue bank— 
‘‘(1) collect and verify medical history informa-
tion from each donor from whom such bank acquires 
donor reproductive tissue; and 
‘‘(2) make available on request such informa-
tion to— 
‘‘(A) any recipient of such donor reproduc-
tive tissue, including before such recipient pur-
chases or otherwise receives such donor repro-
ductive tissue; 
‘‘(B) the physician of any such recipient; 
and 
‘‘(C) any donor-conceived person conceived 
with such donor reproductive tissue if such per-
son has attained eighteen years of age or has 
the consent of such person’s parent or guard-
ian. 
‘‘(b) DONOR DISCLOSURE.—Under the regulations 
issued pursuant to subsection (a), the Secretary shall re-
quire a donor to— 
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‘‘(1) disclose to a reproductive tissue bank that 
acquires donor reproductive tissue from such 
donor— 
‘‘(A) all diagnosed sexually transmitted in-
fectious diseases that the donor has at the time 
of donation; 
‘‘(B) all diagnosed medical conditions of 
the donor, including genetic disorders, schizo-
phrenia and other serious mental illnesses (as 
determined by the Secretary), and intellectual 
disabilities; 
‘‘(C) any familial medical conditions (as 
defined by the Secretary) to the extent such 
donor has knowledge of or should have knowl-
edge of such conditions, including the condi-
tions referred to in subparagraph (B); and 
‘‘(D) the name and contact information of 
each medical professional who has examined or 
treated the donor during the 5 years preceding 
the date of the donation; and 
‘‘(2) provide a waiver of protections of the do-
nor’s medical history and records, including the reg-
ulations under section 264(c) of the Health Insur-
ance Portability and Accountability Act of 1996 (42 
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U.S.C. 1320d–2 note), necessary to authorize such 
bank to— 
‘‘(A) obtain donor medical records from 
each medical professional identified under para-
graph (1)(D); and 
‘‘(B) disclose the donor’s medical history 
and records to a recipient, physician, or donor- 
conceived person in accordance with subsection 
(a). 
‘‘(c) REPRODUCTIVE TISSUE BANK DISCLOSURE.— 
Under the regulations issued pursuant to subsection (a), 
the Secretary shall require a reproductive tissue bank to— 
‘‘(1) provide to a donor from whom reproduc-
tive tissue is acquired a statement of the obligations 
of such donor described in subsection (b) and obtain 
a signed acknowledgment of such obligations; 
‘‘(2) verify the medical information provided by 
a donor in accordance with subsection (b) by com-
paring such information with donor medical records; 
‘‘(3) review donor medical records for risk fac-
tors of genetic disorders; 
‘‘(4) except in the case of a donor known to the 
recipient, remove any individually identifying infor-
mation, including the donor’s name, address, and 
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other information that may be used to identify such 
donor, from donor medical records; and 
‘‘(5) in accordance with paragraph (4) and 
using a standard form prescribed by the Secretary, 
make available, at no cost, to a recipient, physician, 
or donor-conceived person in accordance with sub-
section (a)— 
‘‘(A) the donor’s medical records; 
‘‘(B) a summary of the information in-
cluded in such records; and 
‘‘(C) any donor medical information that 
such bank was unable to obtain from donor 
medical records, including— 
‘‘(i) the type of information unable to 
be obtained; and 
‘‘(ii) the reason such bank was unable 
to obtain such information. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) DONOR.—The term ‘donor’ means a per-
son who provides donor reproductive tissue for use 
in an artificial insemination or assisted reproductive 
procedure performed on recipients other than that 
person or that person’s regular sexual partner, and 
includes direct and known donors. 
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‘‘(2) DONOR-CONCEIVED
PERSON.—The term 
‘donor-conceived person’ means a person purposely 
conceived through the use of donor reproductive tis-
sue. 
‘‘(3) DONOR
REPRODUCTIVE
TISSUE.—The 
term ‘donor reproductive tissue’ means any tissue, 
including semen, oocytes, embryos, spermatozoa, or 
spermatids, from the reproductive tract intended for 
use in an artificial insemination or assisted repro-
ductive procedure. 
‘‘(4) RECIPIENT.—The term ‘recipient’ means a 
person who receives donor reproductive tissue for the 
purposes of that person conceiving a child. 
‘‘(5) REPRODUCTIVE TISSUE BANK.—The term 
‘reproductive tissue bank’— 
‘‘(A) means an entity which acquires, proc-
esses, stores, or releases donor reproductive tis-
sue for an insemination implantation site or re-
cipient to use in an artificial insemination or 
assisted reproductive technology procedure; and 
‘‘(B) includes a semen bank, oocyte dona-
tion program, and embryo bank.’’. 
(b) RULE REQUIRED.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall pro-
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mulgate a final rule to carry out section 369A of the Pub-
lic Health Service Act, as added by subsection (a). 
(c) CONFORMING AMENDMENT.—Section 368(a) of 
the Public Health Service Act is amended by striking ‘‘366 
or’’ and inserting ‘‘366 or 369A or’’. 
Æ 
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