I 
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 Na-
tional Organ and Tissue Donor Registry Resource Cen-
ter, to authorize grants for State organ and tissue donor 
registries, and for other purposes. 
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 ‘‘Everson Walls and 
Ron Springs Gift for Life Act of 2011’’. 
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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 sec-
tion 371A the following: 
‘‘SEC. 371B. NATIONAL ORGAN AND TISSUE DONOR REG-
ISTRY RESOURCE CENTER. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Administrator of the Health Resources and Services 
Administration, shall establish a National Organ and Tis-
sue 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 reg-
istries; 
‘‘(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 com-
pliance with the requirements described in such sec-
tion, including the operating standards described in 
section 371C(d); 
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‘‘(4) provide technical assistance to States for 
the establishment and operation of State organ and 
tissue registries; and 
‘‘(5) maintain a registry information clearing-
house, including by maintaining a Web site, to col-
lect, synthesize, and disseminate best practices infor-
mation 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 sec-
tion 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, 
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an eligible entity shall agree to use the grant or coopera-
tive 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 sec-
tion 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 de-
scribed in paragraphs (1) and (2) 7 days each week 
on a 24-hour basis. 
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‘‘(4) The registry must ensure that personally 
identifiable information on the registry about a 
donor or prospective donor may not be used or dis-
closed without the express consent of the donor or 
prospective donor for any purpose other than to de-
termine, at or near the death of the donor or pro-
spective 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 rea-
sonably 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 coopera-
tive 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 co-
operative agreement; and 
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‘‘(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 sec-
tion 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 reg-
istered 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— 
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