HR 3514 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3514CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

November 29, 2011CommentsClose CommentsPermalink

Mr. CLAY (for himself, Mr. GRIJALVA, and Ms. BORDALLO) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Everson Walls and Ron Springs Gift for Life Act of 2011’.CommentsClose CommentsPermalink

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 section 371A the following:CommentsClose CommentsPermalink

‘SEC. 371B. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER.

‘(a) In General- The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a National Organ and Tissue Donor Registry Resource Center (referred to in this section as the ‘Center’).CommentsClose CommentsPermalink





‘(b) Duties- The Center shall--CommentsClose CommentsPermalink





‘(1) advance the development, expansion, and evaluation of State organ and tissue donor registries;CommentsClose CommentsPermalink





‘(2) facilitate timely access to and exchange of accurate donor information between State registries 7 days each week on a 24-hour basis;CommentsClose CommentsPermalink





‘(3) ensure that State organ and tissue donor registries funded through section 371C are in compliance with the requirements described in such section, including the operating standards described in section 371C(d);CommentsClose CommentsPermalink





‘(4) provide technical assistance to States for the establishment and operation of State organ and tissue registries; andCommentsClose CommentsPermalink





‘(5) maintain a registry information clearinghouse, including by maintaining a Web site, to collect, synthesize, and disseminate best practices information about organ and tissue donor registries.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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 section 371B, as inserted by section 2, the following:CommentsClose CommentsPermalink

‘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.CommentsClose CommentsPermalink





‘(b) Definition- In this section, the term ‘eligible entity’ means a State agency or a State contracted entity.CommentsClose CommentsPermalink





‘(c) Use of Funds- As a condition on the receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to use the grant or cooperative agreement--CommentsClose CommentsPermalink





‘(1) to develop, expand, or maintain a State organ and tissue donor registry; andCommentsClose CommentsPermalink





‘(2) to establish benchmarks for improvement in organ and tissue donation in the State.CommentsClose CommentsPermalink





‘(d) Operating Standards- As a condition on the receipt of a grant or cooperative agreement under this section for a State organ and tissue donor registry, an eligible entity shall agree to maintain the registry in accordance with the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) The registry must be accessible as described in paragraphs (1) and (2) 7 days each week on a 24-hour basis.CommentsClose CommentsPermalink





‘(4) The registry must ensure that personally identifiable information on the registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor or prospective donor for any purpose other than to determine, at or near the death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.CommentsClose CommentsPermalink





‘(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 reasonably require.CommentsClose CommentsPermalink





‘(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 cooperative 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--CommentsClose CommentsPermalink





‘(1) describes the manner in which such entity has used amounts received through the grant or cooperative agreement; andCommentsClose CommentsPermalink





‘(2) assesses initiatives that may be replicated in other States.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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 section 371C, as inserted by section 3, the following:CommentsClose CommentsPermalink

‘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--CommentsClose CommentsPermalink





‘(1) such person has verified that, at the time of the harvesting or taking, the individual is registered as a donor with a State organ and tissue donor registry; andCommentsClose CommentsPermalink





‘(2) the harvesting or taking is within the scope of the consent given by such individual for purposes of such registration.’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by striking ‘The Secretary may establish’ and inserting ‘(a) In General- The Secretary may establish’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) Study- Not later than 1 year after the date of the enactment of the Everson Walls and Ron Springs Gift for Life Act of 2011, the Comptroller General of the United States shall--CommentsClose CommentsPermalink





‘(1) complete a study to determine the feasibility of establishing a living donor database for the purpose of tracking the short- and long-term health effects for such donors associated with living organ donation; andCommentsClose CommentsPermalink





‘(2) submit a report to the Congress on the results of such study.’.CommentsClose CommentsPermalink