[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[House]
[Pages H10485-H10487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AMENDING PUBLIC HEALTH SERVICE ACT WITH RESPECT TO ORGAN PROCUREMENT 
                             ORGANIZATIONS

  Mr. BILIRAKIS. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 3504) to amend the Public Health Service Act with 
respect to qualified organ procurement organizations.
  The Clerk read as follows:

                               H.R. 3504

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That 
     section 371(b)(1) of the Public Health Service Act (42 U.S.C. 
     273(b)(1)) is amended by striking subparagraph (D) and all 
     that follows and inserting the following:
       ``(D) notwithstanding any other provision of law, has met 
     the other requirements of this section and has been certified 
     or recertified by the Secretary as meeting the performance 
     standards to be a qualified organ procurement organization 
     through a process that granted certification or 
     recertification with such certification or recertification in 
     effect as of January 1, 2000, and remaining in effect through 
     the completion of certification or recertification, no 
     earlier than July 31, 2004, as is defined through regulations 
     that are promulgated by the Secretary that--
       ``(i) require recertifications of qualified organ 
     procurement organizations not more frequently than once every 
     4 years,
       ``(ii) rely on outcome and process performance measures 
     that are based on empirical evidence, obtained through 
     reasonable efforts, of organ donor potential and other 
     related factors in each service area of qualified organ 
     procurement organizations,
       ``(iii) use multiple outcome measures as part of the 
     certification process, and
       ``(iv) provide for a qualified organ procurement 
     organization to appeal a decertification to the Secretary on 
     substantive and procedural grounds,
       ``(E) has procedures to obtain payment for non-renal organs 
     provided to transplant centers,
       ``(F) has a defined service area that is of sufficient size 
     to assure maximum effectiveness in the procurement and 
     equitable distribution of organs, and that either includes an 
     entire metropolitan statistical area (as specified by the 
     Director of the Office of Management and Budget) or does not 
     include any part of the area,
       ``(G) has a director and such other staff, including the 
     organ donation coordinators and organ procurement specialists 
     necessary to effectively obtain organs from donors in its 
     service area, and
       ``(H) has a board of directors or an advisory board which--
       ``(i) is composed of--
       ``(I) members who represent hospital administrators, 
     intensive care or emergency room personnel, tissue banks, and 
     voluntary health associations in its service area,
       ``(II) members who represent the public residing in such 
     area,
       ``(III) a physician with knowledge, experience, or skill in 
     the field of histocompatibility or an individual with a 
     doctorate degree in a biological science with knowledge, 
     experience, or skill in the field of histocompatibility,
       ``(IV) a physician with knowledge or skill in the field of 
     neurology, and
       ``(V) from each transplant center in its service area which 
     has arrangements described in paragraph (3)(G) with the 
     organization, a member who is a surgeon who has practicing 
     privileges in such center and who performs organ transplant 
     surgery,
       ``(ii) has the authority to recommend policies for the 
     procurement of organs and the other functions described in 
     paragraph (3), and
       ``(iii) has no authority over any other activity of the 
     organization.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Bilirakis) and the gentleman from Ohio (Mr. Brown) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Bilirakis).


                             General Leave

  Mr. BILIRAKIS. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on this legislation and to insert extraneous material on 
the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. BILIRAKIS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, today I rise in support of H.R. 3504, a bill to 
clarify certification requirements for organ procurement organizations, 
OPOs as we refer to them. Last Congress, the House of Representatives 
approved a bill to address concerns regarding our national organ 
transplant system. As we all know, we do not have enough organs in this 
country to satisfy the needs of those awaiting a transplant. This 
legislation recognized the importance of the vital network of organ 
procurement organizations which are responsible for developing, 
establishing, and maintaining medical criteria and standards for organ 
procurement and transplantation.
  Today the House will consider legislation to clarify that important 
measure. Last year's legislation changed the 2-year organ procurement 
organization certification cycle to a 4-year cycle. Switching to a 4-
year cycle allows the OPOs to focus on recovering donated organs. 
Today's legislation will make a technical change to define the start 
date for the 4-year OPO certification cycle adopted last year by 
Congress.
  This legislation, Madam Speaker, is important for guaranteeing that 
the 4-year cycle is implemented as quickly as possible to allow for 
organ procurement organizations to concentrate on organ donation and on 
serving those Americans in need of organ transplants. Madam Speaker, 
this is a technical correction to a very important organ donation bill. 
I urge my colleagues to join me in supporting H.R. 3504.
  Madam Speaker, I reserve the balance of my time.
  Mr. BROWN of Ohio. Madam Speaker, I yield myself such time as I may 
consume.
  Last year Congress passed a bill sponsored by my friend and colleague 
from New Jersey (Mr. Pallone), a valuable member of the Subcommittee on 
Health, to allow organ procurement organizations to better obtain their 
recertification. Current practice is causing OPOs to lose their 
certification due to an inaccurate way of assessing their performance. 
This process is disruptive to obtaining organs and tissue for 
transplant.
  The gentleman from New Jersey's bill corrected the existing problems, 
ensuring the smooth recertification of these important organizations. 
But to implement the OPO organization language, the Centers for 
Medicare and Medicaid Services requested clarification from Congress.
  This language, Madam Speaker, will ensure that OPO certification will 
be conducted fairly and will improve the system of procuring organs for 
transplant and tissue.

[[Page H10486]]

  Madam Speaker, I reserve the balance of my time.
  Mr. BILIRAKIS. Madam Speaker, I yield such time as he may consume to 
the gentleman from Louisiana (Mr. Tauzin), chairman of the Committee on 
Energy and Commerce.
  Mr. TAUZIN. Madam Speaker, I thank the chairman of the subcommittee, 
the gentleman from Florida (Mr. Bilirakis), for the excellent work he 
has done here and the gentleman from North Carolina (Mr. Burr) and the 
gentleman from New Jersey (Mr. Pallone) for putting this important bill 
together, because this bill literally will protect the operations of 
the organ donor organizations and continue their certification through 
the year 2004 or 2005, which is extremely important if we are going to 
keep up the business by which Americans contribute organs to the 
ongoing living needs of those who need organ transplants in our 
society.
  This is the season of giving; and while we pass this important bill 
to improve the organ transplant structure in this country by ensuring 
the certification of these organizations, I wanted to give you a good 
Christmas-giving story that is ongoing at this moment.
  Just this afternoon, the children of my State in Louisiana, 
recognizing this incredible time of year when Americans care for one 
another and appreciate the coming of the Christ child with gifts to one 
another, the children of my State came together in a very loving and 
wonderful way. This afternoon at the White House, the Governor of my 
State, Governor Foster, arrived with the former Speaker of the House, 
Hunt Downer, who headed up the project, along with National Guardsmen 
and State troopers who accompanied them with a brand new fire truck 
that the children of Louisiana raised in the last several months with 
nickels and dimes and pennies they collected. They forgave the right to 
Christmas gifts this year, many of them, to contribute to this fund.
  This all began when the Governor of our State, Governor Foster, in 
his weekly live network of talk on radio that he carries on with the 
citizens of my State was delivered with the suggestion that the State 
do this as a gesture of our support in Louisiana for the victims of the 
awful atrocities that occurred here in Washington and in Pennsylvania 
and, of course, most dramatically in New York where we saw the heroes, 
the firemen and the other rescue workers, who were killed in trying to 
save others' lives in that horrible tragedy.

                              {time}  1915

  So the children of my State, with their little nickels and dimes and 
quarters, and the other folks in our State, got together and contracted 
with Ferrara Industries in Louisiana, which is one of the largest 
manufacturers of fire engines, the workers of that plant gave up their 
overtime, free, to make sure that the project could be conducted under 
cost, and today they stopped by the White House with this brand new 
fire engine that the children of Louisiana are presenting to the people 
of New York and to the brave firemen of that great State who suffered 
such great losses on September 11.
  Not only did they generously raise the money to build that fire 
engine, but it turns out that they raised twice as much as they 
expected, and it looks like they may be able to buy and deliver a 
second fire engine to the fire company in New York and to the citizens 
of that great State.
  This is a beautiful Christmas story. It is a story that I wanted to 
tell when we took up this organ transplant bill, because it is all 
about giving. It is all about us remembering our obligations as 
citizens of this great land to care for one another, particularly when 
we find ourselves in trouble.
  So, from one of the poorest states in America, the State that has 
some of the highest unemployment and the highest uninsured, one of the 
lowest per capita income States, the children of one of the poorest 
states in America, reacting generously at a time of need for fellow 
citizens in New York, I bring you the greetings of that great State, of 
our Governor, of our legislature, of our National Guard, of our 
workers, of our citizens, and, most importantly, of our children, who 
extend to the folks in New York our sincerest sorrow for what they have 
gone through, and our sense of bonding with them and this gift that our 
citizens and our children are making to that great State.
  It is in that same spirit that Americans donate organs and that the 
organ donor organizations work. That is why this bill is so important.
  In another minute we will take up another bill dealing with a nursing 
shortage in this country, a nursing shortage that is going to be felt 
in New York and was felt in this community when care personnel were 
unfortunately short and unavailable when so many people were in need. 
This nursing shortage has to be addressed, and I want to congratulate 
the gentlewoman from California (Mrs. Capps) and the gentleman from 
Florida (Mr. Bilirakis) again for the extraordinary work they did on 
that bill to begin addressing that great need in our country.
  So as we get closer and closer to Christmas Day, when all of us will 
gather with our families and celebrate the coming of the Christ Child 
and the spirit of giving, these two bills come before us, one to make 
sure the organ transplant system continues to work, the second to beef 
up and to strengthen our nursing corps in America, and on this day the 
children of Louisiana make this gift to the citizens of New York.
  This, unfortunately, while we are still in session waiting for 
Christmas to come, and hopefully we will get out in time for it, this 
is still a good day, and it is a good story, and bears repeating and 
bears mentioning on the floor of the House today. I am proud of my 
State and the children in Louisiana, as all of us in our delegation 
are, and we are equally proud of the people of New York and the heroes 
we saw in New York responding to the awful tragedy and atrocities of 
September 11. We stand together as one great people, and we stand 
together as a strong Nation that cares about one another. That is what 
this bill is about, and that is what the kids in Louisiana are about.
  Madam Speaker, I rise in support of H.R. 3504, which makes technical 
corrections to organ procurement organization legislation the House 
passed in October 2000. Mr. Burr and Mr. Pallone are to be commended 
for their hard work in drafting this bill.
  Last year the House passed, and the President signed into law, the 
Public Health Improvement Act. Among other things, that legislation 
addressed a very important need in the area of organ donation and 
procurement. The law recognizes the importance of the vital network of 
organ procurement organizations, otherwise known as ``O-P-O's'', around 
the country and clarified in law the process the Department of Health 
and Human Services should use in certifying these OPO's and to measure 
their performance. Members on both sides of the aisle, and in both 
bodies, worked hard to ensure that HHS's process and procedures will 
keep pace with change and with technological improvements in the organ 
donation area.
  Our intent last year was clear, Madam Speaker. We intended to create 
a four-year re-certification cycle for the OPO's. Now, however, we are 
told by the accrediting agency, CMS, that the statute is unclear on one 
of the most important provisions of law. Under their interpretation, 
CMS believes they may have the authority to de-certify OPO's even 
though CMS has yet to develop the new criteria for judging OPO's.
  Madam Speaker, this is a vitally important issue for our OPO's. They 
need clarity on the process by which they will be reviewed by HHS. 
Without this technical correction language, OPO's believe that 
ambiguity will once again dictate the circumstances under which they 
are certified and later recertified. This language will ensure all 
OPO's which were certified as of 2000 will be certified through mid-
2004.
  Let's let the OPO's do what they do best: increasing the supply of 
organs to meet our organ transplantation needs. Vote yes on this bill.
  Mr. BROWN of Ohio. Madam Speaker, in the bipartisan spirit of the 
evening, I yield 3 minutes to my friend, the gentleman from North 
Carolina (Mr. Burr), who has helped write this bill with the gentleman 
from New Jersey (Mr. Pallone).
  Mr. BURR of North Carolina. Madam Speaker, I thank my good friend for 
the 3 minutes, and I give my 3 minutes that the subcommittee chairman 
was going to allow me back to him.
  Madam Speaker, it is tough to get up after the chairman of my 
committee so eloquently told the story of the children in Louisiana, 
but, you know, I believe every Member of this body can

[[Page H10487]]

tell a story about some group that reaches out to folks in New York or 
folks at the Pentagon, whether it is King Elementary School, where the 
kids just donated $16,000 to charities in New York, or Pinnacle 
Elementary, that wrote a check to people that they did not see, had 
never seen and will never know.
  But the fact is that it tells us that we are doing something right in 
this country; that we are raising the next generation of leaders in the 
right way, where they are giving and not necessarily taking.
  We are here today to make sure that the American people understand 
that there is a system to give life to individuals who need it. We are 
here to make sure that there is a 4-year certification for those 
organizations that make sure that organs are provided to individuals 
whose difference in life is the receipt of that organ, that their 
ability to continue a normal life, and sometimes to continue life, is 
the difference between whether they receive the organ or whether they 
do not.
  As the chairman said, this is a technical change to make sure that 
these organizations have 4 years between certification. Four years 
makes a tremendous difference in their ability to function in the job 
that they carry out.
  My only hope today, Madam Speaker, is that all Members will take the 
opportunity as we begin to fix this bill, that they will start a 
massive campaign in their districts and across this country to get more 
and more people to donate organs, to make sure that the organs are 
available for the individuals that need them today. The only way that 
we will let the American people down is if we cannot promote organ 
donation in a bigger and more effective way than we do today.
  So I thank the gentleman from Florida (Mr. Bilirakis), the gentleman 
from New Jersey (Mr. Pallone) and the gentleman from Ohio (Mr. Brown). 
This is truly a bipartisan effort to make a technical change to a piece 
of legislation, but it will touch many, many lives.
  Mr. BROWN of Ohio. Madam Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. BILIRAKIS. Madam Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from Florida (Mr. Bilirakis) that the House 
suspend the rules and pass the bill, H.R. 3504.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. BROWN of Ohio. Madam Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________