I
107TH CONGRESS
1ST SESSION
H. R. 2645
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 HOUSE OF REPRESENTATIVES
JULY 25, 2001
Mr. BOSWELL introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined 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 Public Health Service Act to establish a Na-
tional 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 ag-
gressive 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 Representa-
tives 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 proc-
esses;
‘‘(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 infor-
mation 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 per-
sonal 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 estab-
lish and maintain a national organ and tissue donor
registry (referred to in this section as the ‘Reg-
istry’).
‘‘(2) DATABASE.—The Registry shall consist of
a database of information listing individuals who
have expressed an intent to be organ or tissue do-
nors. The information for each individual shall in-
clude such individual’s name, address, date of birth,
sex, height, and eye color, and a Registry identifica-
tion number assigned by the Secretary.
‘‘(d) COORDINATION WITH STATES AND ORGAN PRO-
CUREMENT ORGANIZATIONS.—
‘‘(1) STATES.—
‘‘(A) INITIAL 2-YEAR PERIOD.—The Sec-
retary, during the 2-year period after the date
of enactment of the Motor Donor Act, shall—
‘‘(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 deter-
mine the appropriate procurement organization for
obtaining consent for an individual’s organ or tissue
donation shall continue to apply to such determina-
tions.
‘‘(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. Partici-
pation in the Registry shall not be deemed to be the
provision of legally binding consent for organ or tis-
sue 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 can-
celing such participation. The Secretary shall
promptly remove from the Registry information con-
cerning 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 ap-
proved 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 ap-
plication to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
‘‘(B) STATE PROCEDURE.—Each applica-
tion submitted under subparagraph (A) shall
demonstrate how the State will establish proce-
dures to allow an individual to make a legally
binding gift regarding organ and tissue dona-
tion by application or by designation made si-
multaneously with an application for a motor
vehicle driver’s license.
‘‘(C) ASSURANCES.—Each application sub-
mitted under subparagraph (A) shall contain
assurances that the State procedures described
in subparagraph (B) will comply with the fol-
lowing 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 appro-
priate State motor vehicle authority under
State law provides the individual submit-
ting the application with the option of des-
ignating the individual’s intent to be an
organ and tissue donor.
‘‘(ii) 
DONOR
DESIGNATION.—The
State procedures shall provide that the ap-
plication described in clause (i) shall con-
tain the question, ‘Do you wish to have the
organ donor designation in the State reg-
istry?’ or, if the State agency process pro-
vides, ‘Do you wish to have the organ
donor designation on your driver’s li-
cense?’.
‘‘(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
INFORMA-
TION.—The State procedures shall provide
that the State shall forward to the Reg-
istry the names of those individuals who
answer affirmatively to the question de-
scribed 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
PROCURE-
MENT
ORGANIZATION.—The State proce-
dures shall provide that the information re-
garding an individual who answers affirm-
atively 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 pro-
vide 24-hour a day access to such donor
information to organ procurement organi-
zations, and the organ procurement organi-
zations shall not be assessed a fee or other
charge for such access.
‘‘(3) PRIORITY.—The Secretary shall give pri-
ority 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 ad-
visory task force on organ and tissue donation (re-
ferred 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 Sec-
retary shall appoint members of the
Task Force based upon their experi-
ence with organ or tissue donations,
organ procurement, or organ trans-
plants.
‘‘(II) SPECIAL EXPERIENCE.—At
least 1 member of the Task Force
shall be a physician with experience in
performing organ transplants, and at
outreach and awareness campaign for the Reg-
istry.
‘‘(B) REPORT.—Not later than 1 year
after the date of enactment of the Motor Donor
Act, the Task Force shall conduct a study con-
cerning, 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 mem-
bers of the Task Force shall not receive
compensation for the performance of serv-
ices for the Task Force, but shall be al-
lowed 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 reg-
ular places of business in the performance
of services for the Task Force. Notwith-
standing 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
EM-
PLOYEES.—Any Federal Government em-
ployee 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 admin-
istrative 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 sub-
section (h)(3), $3,000,000 for each of fiscal
years 2002 through 2006.
‘‘(2) 
AVAILABILITY.—Any 
amounts 
appro-
priated 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 informa-
tion) is amended by adding at the end the following:
‘‘(18) DISCLOSURE OF TAXPAYER IDENTIFICA-
TION 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 sec-
tion 6012 for the previous taxable year.
‘‘(B) RESTRICTION ON USE OF DISCLOSED
INFORMATION.—Return information disclosed
under subparagraph (A) may be used by offi-
cers and employees of the Department of
Health and Human Services only for the pur-
poses of, and to the extent necessary in, car-
rying 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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