article: 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 processes; ``(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 information 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 personal 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 establish and maintain a national organ and tissue donor registry (referred to in this section as the `Registry'). ``(2) Database.--The Registry shall consist of a database of information listing individuals who have expressed an intent to be organ or tissue donors. The information for each individual shall include such individual's name, address, date of birth, sex, height, and eye color, and a Registry identification number assigned by the Secretary. ``(d) Coordination With States and Organ Procurement Organizations.-- ``(1) States.-- ``(A) Initial 2-year period.--The Secretary, during the 2-year period after the date of enactment of the Motor Donor Act, shall-- ``(i) coordinate activities with States that have organ and tissue donor registries operated through a State agency to share existing data; and ``(ii) provide links between the Registry and such State agencies on an ongoing basis. ``(B) Initial 4-year period.--The Secretary, during the 4-year period after the date of enactment of the Motor Donor Act, shall coordinate activities with States to promote and encourage the establishment of organ and tissue donor registries through the motor vehicle driver's license process. ``(2) Organ procurement organizations.--The Secretary shall provide to each organ procurement organization within the United States a means by which the organization may promptly access the Registry 24-hours a day using a password assigned to the organization by the Secretary. In order to obtain such a password, each such procurement organization shall designate staff members within the organization to receive the password and to access the Registry. ``(e) Website.-- ``(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 determine the appropriate procurement organization for obtaining consent for an individual's organ or tissue donation shall continue to apply to such determinations. ``(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. Participation in the Registry shall not be deemed to be the provision of legally binding consent for organ or tissue 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 canceling such participation. The Secretary shall promptly remove from the Registry information concerning 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 approved 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 application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) State procedure.--Each application submitted under subparagraph (A) shall demonstrate how the State will establish procedures to allow an individual to make a legally binding gift regarding organ and tissue donation by application or by designation made simultaneously with an application for a motor vehicle driver's license. ``(C) Assurances.--Each application submitted under subparagraph (A) shall contain assurances that the State procedures described in subparagraph (B) will comply with the following 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 appropriate State motor vehicle authority under State law provides the individual submitting the application with the option of designating the individual's intent to be an organ and tissue donor. ``(ii) Donor designation.--The State procedures shall provide that the application described in clause (i) shall contain the question, `Do you wish to have the organ donor designation in the State registry?' or, if the State agency process provides, `Do you wish to have the organ donor designation on your driver's license?'. ``(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 information.--The State procedures shall provide that the State shall forward to the Registry the names of those individuals who answer affirmatively to the question described 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 procurement organization.--The State procedures shall provide that the information regarding an individual who answers affirmatively 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 provide 24-hour a day access to such donor information to organ procurement organizations, and the organ procurement organizations shall not be assessed a fee or other charge for such access. ``(3) Priority.--The Secretary shall give priority 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 advisory task force on organ and tissue donation (referred 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 Secretary shall appoint members of the Task Force based upon their experience with organ or tissue donations, organ procurement, or organ transplants. ``(II) Special experience.--At least 1 member of the Task Force shall be a physician with experience in performing organ transplants, and at least 1 member of the Task Force shall have experience in organ procurement. ``(B) Term.-- ``(i) In general.--Except as provided in this subparagraph, each member of the Task Force shall be appointed for a term of 3 years. Members of the Task Force may be reappointed. ``(ii) Staggered terms.--As so designated by the Secretary at the time of appointment, the terms of two of the initial members shall expire at the end of 2 years. ``(C) Vacancies.--Any vacancy in the Task Force shall not affect the Task Force's powers but shall be filled in the same manner as the original appointment. ``(3) Functions.-- ``(A) Partnership.--The Task Force shall offer to enter into a partnership with the Coalition on Donation (a national membership organization with the sole purpose of increasing organ and tissue donations) to incorporate into the Coalition's national awareness campaign an outreach and awareness campaign for the Registry. ``(B) Report.--Not later than 1 year after the date of enactment of the Motor Donor Act, the Task Force shall conduct a study concerning, 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 members of the Task Force shall not receive compensation for the performance of services for the Task Force, but shall be allowed 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 regular places of business in the performance of services for the Task Force. Notwithstanding 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 employees.--Any Federal Government employee 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 administrative 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 subsection (h)(3), $3,000,000 for each of fiscal years 2002 through 2006. ``(2) Availability.--Any amounts appropriated 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 information) is amended by adding at the end the following: ``(18) Disclosure of taxpayer identification 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 section 6012 for the previous taxable year. ``(B) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of Health and Human Services only for the purposes of, and to the extent necessary in, carrying 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''.
summary: Motor Donor Act - Amends the Public Health Service Act to provide for the establishment and maintenance of a national organ and tissue donor registry (the Registry) consisting of a database of information listing individuals who have expressed an intent to be organ or tissue donors. Provides for the coordination of the Registry with State and organ and tissue registries and procurement organizations. Authorizes grants to States for the planning and implementation of State registries associated with the motor vehicle driver's license application process and for linkages with the Registry. Establishes an advisory task force on organ and tissue donation.Amends the Internal Revenue Code to permit the disclosure of taxpayer identification in connection with the Registry.