
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1109]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1109. Organ and tissue donor program

    (a) Responsibilities of the Secretary of Defense.--The Secretary of 
Defense shall ensure that the advanced systems developed for recording 
armed forces members' personal data and information (such as the 
SMARTCARD, MEDITAG, and Personal Information Carrier) include the 
capability to record organ and tissue donation elections.
    (b) Responsibilities of the Secretaries of the Military 
Departments.--The Secretaries of the military departments shall ensure 
that--
        (1) appropriate information about organ and tissue donation is 
    provided--
            (A) to each officer candidate during initial training; and
            (B) to each recruit--
                (i) after completion by the recruit of basic training; 
            and
                (ii) before arrival of the recruit at the first duty 
            assignment of the recruit;

        (2) members of the armed forces are given recurring, specific 
    opportunities to elect to be organ or tissue donors during service 
    in the armed forces and upon retirement; and
        (3) members of the armed forces electing to be organ or tissue 
    donors are encouraged to advise their next of kin concerning the 
    donation decision and any subsequent change of that decision.

    (c) Responsibilities of the Surgeons General of the Military 
Departments.--The Surgeons General of the military departments shall 
ensure that--
        (1) appropriate training is provided to enlisted and officer 
    medical personnel to facilitate the effective operation of organ and 
    tissue donation activities under garrison conditions and, to the 
    extent possible, under operational conditions; and
        (2) medical logistical activities can, to the extent possible 
    without jeopardizing operational requirements, support an effective 
    organ and tissue donation program.

(Added Pub. L. 105-261, div. A, title VII, Sec. 741(b)(1), Oct. 17, 
1998, 112 Stat. 2073; amended Pub. L. 106-398, Sec. 1 [[div. A], title 
X, Sec. 1087(a)(8)], Oct. 30, 2000, 114 Stat. 1654, 1654A-290.)


                               Amendments

    2000--Subsec. (b). Pub. L. 106-398 struck out ``(1)'' before ``The 
Secretaries'' in introductory provisions.


                                Findings

    Pub. L. 105-261, div. A, title VII, Sec. 741(a), Oct. 17, 1998, 112 
Stat. 2073, provided that: ``Congress makes the following findings:
        ``(1) Organ and tissue transplantation is one of the most 
    remarkable medical success stories in the history of medicine.
        ``(2) Each year, the number of people waiting for organ or 
    tissue transplantation increases. It is estimated that there are 
    approximately 39,000 patients, ranging in age from babies to those 
    in retirement, awaiting transplants of kidneys, hearts, livers, and 
    other solid organs.
        ``(3) The Department of Defense has made significant progress in 
    increasing the awareness of the importance of organ and tissue 
    donations among members of the Armed Forces.
        ``(4) The inclusion of organ and tissue donor elections in the 
    Defense Enrollment Eligibility Reporting System (DEERS) central 
    database represents a major step in ensuring that organ and tissue 
    donor elections are a matter of record and are accessible in a 
    timely manner.''


                        Report on Implementation

    Pub. L. 105-261, div. A, title VII, Sec. 741(c), Oct. 17, 1998, 112 
Stat. 2074, as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(3), 
Oct. 5, 1999, 113 Stat. 774, provided that: ``Not later than September 
1, 1999, the Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report on the implementation of section 1109 of 
title 10, United States Code (as added by subsection (b)).''
