I 
111TH CONGRESS 
1ST SESSION 
H. R. 218 
To amend the Internal Revenue Code of 1986 to provide a nonrefundable 
personal credit to individuals who donate certain life-saving organs. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2009 
Mr. WILSON of South Carolina introduced the following bill; which was re-
ferred to the Committee on Ways and Means, and in addition to the 
Committee on Energy and Commerce, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Internal Revenue Code of 1986 to provide 
a nonrefundable personal credit to individuals who do-
nate certain life-saving organs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Living Organ Donor 
Tax Credit Act of 2009’’. 
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SEC. 2. CREDIT FOR DONATION OF CERTAIN LIFE-SAVING 
ORGANS. 
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to nonrefundable personal credits) is 
amended by inserting after section 25D the following new 
section: 
‘‘SEC. 25E. DONATION OF CERTAIN LIFE-SAVING ORGANS. 
‘‘(a) IN GENERAL.—In the case of an individual who 
donates a qualified life-saving organ of such individual for 
transplantation into another individual during the taxable 
year, there shall be allowed as a credit against the tax 
imposed by this chapter for the taxable year the sum of— 
‘‘(1) unreimbursed costs paid by the taxpayer in 
connection with such transplantation, and 
‘‘(2) any lost wages of the individual in connec-
tion with such transplantation. 
‘‘(b) LIMITATION.—The credit allowed under sub-
section (a) with respect to any individual for any taxable 
year shall not exceed $5,000. 
‘‘(c) DEFINITIONS AND SPECIAL RULES.—For pur-
poses of this section— 
‘‘(1) QUALIFIED
LIFE-SAVING
ORGAN.—The 
term ‘qualified life-saving organ’ means kidney, liver, 
lung, pancreas, intestine, bone marrow, or any part 
thereof. 
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‘‘(2) RESTRICTION TO LIVING DONORS.—Credit 
shall not be allowed under subsection (a) unless the 
individual is alive when the qualified life-saving 
organ is removed from such individual. 
‘‘(3) DONATION.—Except as provided in regula-
tions by the Secretary, an organ shall not be treated 
as donated unless and until such organ is removed 
from the donor.’’. 
(b) PUBLIC HEALTH SERVICE ACT AND NATIONAL 
ORGAN TRANSPLANT ACT AMENDMENTS.— 
(1) FEDERAL LIVING ORGAN DONATION GRANTS 
REDUCED BY TAX CREDIT.—Section 377(d) of the 
Public Health Service Act is amended by inserting 
‘‘that a tax credit is allowed, or can reasonably be 
expected to be allowed, under section 25E of the In-
ternal Revenue Code of 1986 or’’ before ‘‘that pay-
ment has been made’’. 
(2) TAX CREDIT NOT UNLAWFUL COMPENSA-
TION.—Section 301(c)(2) of the National Organ 
Transplant Act is amended by inserting ‘‘the tax 
credit allowed under section 25E of the Internal 
Revenue Code of 1986 or’’ after ‘‘does not include’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
of such subpart is amended by inserting after the item 
relating to section 25D the following new item: 
‘‘Sec. 25E. Donation of certain life-saving organs.’’. 
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(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply to taxable years beginning after the date 
of the enactment of this Act. 
(2) PUBLIC
HEALTH
SERVICE
ACT
AND
NA-
TIONAL ORGAN TRANSPLANT ACT AMENDMENTS.— 
The amendments made by subsection (b) shall take 
effect on the date of the enactment of this Act. 
Æ 
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