text: 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''.
target: 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.
feat_title: 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.