[Congressional Record Volume 154, Number 151 (Tuesday, September 23, 2008)]
[House]
[Pages H8668-H8670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    STEPHANIE TUBBS JONES ORGAN TRANSPLANT AUTHORIZATION ACT OF 2008

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6469) to amend the Public Health Service Act to authorize 
increased Federal funding for the Organ Procurement and Transplantation 
Network, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6469

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stephanie Tubbs Jones Organ 
     Transplant Authorization Act of 2008''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The National Organ Transplant Act of 1984 amended the 
     Public Health Service Act to require the Secretary of Health 
     and Human Services to provide for, by contract with a private 
     nonprofit entity, the establishment and operation of an Organ 
     Procurement and Transplantation Network.
       (2) The Organ Procurement and Transplantation Network 
     represents a unique public-private organization that requires 
     each party to contribute a certain amount of funding to the 
     network's operation.
       (3) The National Organ Transplant Act of 1984 provided a 
     statutory annual authorization of $2,000,000 for such purpose 
     with remaining costs to be paid by the private sector 
     contractor.
       (4) In 1984, the annual total operating cost of the Organ 
     Procurement and Transplantation Network was $5,000,000, but 
     in 2007 such annual cost exceeded $27,000,000.
       (5) The original authorization amount for the Organ 
     Procurement and Transplantation Network has never been 
     increased since the enactment of the National Organ 
     Transplant Act of 1984, resulting in a greatly increased cost 
     burden on the private sector contractor.
       (6) Much of the increased costs of operation of the Organ 
     Procurement and Transplantation Network have resulted from 
     additional duties and responsibilities assigned to the 
     private sector contractor by Federal regulations and 
     Secretarial directives.

     SEC. 3. INCREASED FUNDING FOR THE ORGAN PROCUREMENT AND 
                   TRANSPLANTATION NETWORK.

       Section 372(a) of the Public Health Service Act (42 U.S.C. 
     274(a)) is amended by striking ``$2,000,000'' and inserting 
     ``$7,000,000''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Texas (Mr. Burgess) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 6469, the Stephanie Tubbs Jones Organ 
Transplant Authorization Act of 2008. This legislation would provide 
important new funding for the Organ Procurement and Transplantation 
Network.
  Nearly 100,000 people are on the U.S. organ transplant waiting list, 
and 19 people in the U.S. die every day because a lifesaving organ does 
not become available to them.
  The Organ Procurement and Transportation Network, OPTN, performs the 
critical functions of maintaining the Nation's organ transplant waiting 
list and facilitating the matching of deceased donor organs with 
individuals in need of a transplant. It also develops policies and 
procedures for organ recovery, distribution and transportation, 
collects data about organ donation and transplantation and provides 
professional and public education about organ donation and 
transplantation.
  Since its creation in 1984, authorization levels for the OPTN have 
stagnated at no more than $2 million annually. Today the projected cost 
of operating the OPTN is approximately $27 million. Over the years, 
both the demand for transplantation and the responsibilities of the 
OPTN have increased, yet funding levels have obviously not followed 
suit. This legislation provides a much-needed increase in the 
authorization of appropriations for OPTN from $2 million to $7 million 
annually.
  The bill is aptly named in honor of Representative Stephanie Tubbs 
Jones, our Democrat of Ohio who died on August 20, 2008, from a brain 
aneurysm. Representative Tubbs Jones was a strong and vocal advocate 
for organ donation during her life and donated her organs upon her 
passing. It is estimated that as many as 58 people will benefit from 
her donation. When enacted, Mr. Speaker, this legislation will provide 
critical funding to ensure the OPTN has resources it needs to continue 
to perform its valuable services to our Nation.
  I would particularly like to thank Representative Diana DeGette for 
all her hard work on ensuring passage of this legislation. I urge my 
colleagues to support this important piece of legislation.
  I reserve the balance of my time.
  Mr. BURGESS. Mr. Speaker, I will reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the sponsor of the 
legislation, the gentlewoman from Colorado (Ms. DeGette).
  Ms. DeGETTE. Mr. Speaker, I want to thank the subcommittee chairman 
for working with us on this bill. And I especially want to thank Mr. 
Costa and Mr. Camp for all of their hard work and advocacy in helping 
us bring such an important bill to the House floor.
  I stand here in strong support of H.R. 6469, which has been named the 
Stephanie Tubbs Jones Organ Transplant Act of 2008. We named this bill 
in honor of our dear departed colleague because Stephanie Tubbs Jones 
was a committed advocate of organ transplantation and was an organ and 
tissue donor herself. Upon her passing she was able to continue serving 
her constituents and the Nation by donating her tissue and organs.

[[Page H8669]]

  As the chairman said, the National Organ Transplant Act authorized 
the creation and operation of the Organ Procurement and Transportation 
Network in 1984. Among other things, the OPTN's responsibilities 
include facilitating the matching of deceased donor organs with 
individuals waiting for an organ transplant, developing policies and 
procedures for organ recovery, distribution and transportation, 
collecting and managing scientific data about organ donation and 
transplantation, and maintaining the Nation's organ transplant waiting 
list.
  The National Organ Transplant Act limits Federal support to the OPTN 
to no more than $2 million annually. But this figure has not been 
increased since the network was created in 1984. Since then, though, 
the annual operating costs of OPTN have increased from $5 million to 
$27 million. The demand for transplantation has increased, and the 
costs of transplantation have increased, but funding levels have 
remained stagnant.
  The problem is compounded by the fact that OPTN has been asked to 
take on new responsibilities. For example, Congress recently clarified 
that paired kidney donation is not a violation of the act and therefore 
must also be facilitated by the network. But there are no plans 
available to implement such a national program. The Health Resources 
and Services Association has also directed the network to assume 
jurisdiction over living organ donors, a new and very challenging 
jurisdiction.
  Therefore, Mr. Speaker, this bill increases the authorized funding by 
$5 million to $7 million annually. And quite frankly this amount is 
modest considering there are almost 100,000 patients on the waiting 
list for an organ transplant.
  This bill is supported by numerous groups, Mr. Speaker. It is a 
vitally important bill. I look forward to passing it tonight and 
further continuing Stephanie Tubbs Jones' legacy of public service.
  Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Costa).
  Mr. COSTA. Mr. Speaker, I too want to thank the subcommittee 
chairman, Mr. Frank Pallone from New Jersey, for his good work in this 
important legislation that we are going to vote on. This effort is 
really a culmination of a lot of people's hopes, desires and dreams to 
further advance the medical science that has taken place in recent 
decades on organ transplants.
  As a founder and the cochair of the Congressional Organ and Tissue 
Donation Awareness Caucus, I am very pleased to support this measure 
before us, H.R. 6469, otherwise known thereafter as the Stephanie Tubbs 
Jones Organ Transplant Authorization Act.
  I want to thank my colleague Congresswoman DeGette for her hard work 
with me on this important legislation, as well as the caucus cochairs, 
Congress Member Camp, Congress Member Clay and Congresswoman Ros-
Lehtinen, all champions of transplant communities throughout our 
country.
  This bill reaffirms our Nation's commitment to providing lifesaving 
care through transplantation, and at the same time it honors our late 
colleague, Congresswoman Stephanie Tubbs Jones, who gave the gift of 
life by becoming an organ donor after her passing.
  The Organ Procurement and Transplantation Network was created in 1984 
as a public-private partnership to facilitate the safe, effective and 
efficient sharing of organs through donation and transplantation. Since 
its inception, the Organ Procurement and Transplantation Network, which 
contracts with the United Network for Organ Sharing, has helped 
facilitate the transplantation of over 435,000 organs. And nearly 
53,000 of them have occurred in my home State of California. I know, 
because I have worked with the transplant community. My good friend, 
Dr. Sue McDiarmid, who was formerly the president of the United Network 
for Organ Sharing, and her colleagues have been doing some amazing work 
at UCLA Transplant Center to serve the needs of our youngest children 
specializing in pediatric transplantation with the largest record of 
transplantation that has taken place probably anywhere in the world, 
giving these young children, and in some cases babies, a second chance 
at a full life.
  Whether it's a kidney transplant that ends a child's need for 
dialysis or a liver transplant that gives a person a second chance to 
play catch with his or her daughter or son, the impact of these 
lifesaving procedures cannot be overstated. With the advancement of 
medical science today, we are able to do more and more in this gift of 
life that is so important.
  The SPEAKER pro tempore (Mr. Donnelly). The time of the gentleman 
from California has expired.
  Mr. PALLONE. Mr. Speaker, I yield 1 additional minute to the 
gentleman.

                              {time}  2000

  Mr. COSTA. Still, despite the amazing advances the United Network for 
Organ Sharing and its partners in the transplant community have made, 
there is still much work to be done. As has been noted, over 100,000 
people are currently waiting for an organ, and the numbers grow each 
day.
  Today, we take an important step toward reducing that number by 
providing additional resources to continue the increased number of 
donors to improve and to expand the outreach and to help provide those 
in need with the access to life-saving organs.
  I encourage all of my colleagues to join in honoring Congresswoman 
Tubbs Jones by supporting this bill and by also following her example 
in becoming organ donors. After all, it's perhaps the most precious 
gift we can give. I know because I am one of those who intends to do 
just that.
  I urge an ``aye'' vote on this important measure.
  Mr. BURGESS. Mr. Speaker, I rise in support of H.R. 6469, the 
Stephanie Tubbs Jones Organ Transplant Authorization Act of 2008. I am 
proud to support this bill in honor of the late Congresswoman Stephanie 
Tubbs Jones.
  I would also like to commend Congresswoman Diana DeGette for her work 
on this bill.
  This bill increases the authorized funding for the Organ Procurement 
and Transplantation Network, which has not been increased since 1984. 
The Organ Procurement and Transplantation Network provides coordination 
between individuals in need of an organ transplant and donor organs 
made available from deceased donors. I support the increased 
authorization levels for the program, which currently represent only 7 
percent of the operating cost for this valuable resource.
  For those concerned about the increased expenditure, do consider for 
a moment, in just the arena of kidney dialysis and of kidney 
transplant, the cost of keeping someone on dialysis three times a week 
indefinitely. That person can be relieved of that burden, of that 
dialysis burden. The dialysis, itself, costs significant amounts of 
money. Of course, that's not to say anything about the quality of life 
that may be returned to that person who is a recipient of a transplant.
  I agree with the gentleman from California. We should sign our donor 
cards, if we're able, and should become donors because there are people 
on waiting lists. There is no point in sending organs to heaven. Heaven 
knows we need them here. With that, I urge support of the legislation.
  I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, at this time, I yield 3 minutes to the 
gentlewoman from Texas (Ms. Jackson-Lee).
  The SPEAKER pro tempore. The gentlewoman is recognized for 3 minutes.
  Ms. JACKSON-LEE of Texas. I thank the Speaker very much, and I 
appreciate his leadership this evening, and I appreciate his managing 
the floor in such a dynamic and excellent manner.
  Let me also thank the chairman of the subcommittee on Energy and 
Commerce, Mr. Pallone, the manager of this bill. Let me thank our loyal 
opposition, Dr. Burgess, a colleague and friend from Texas. As well, 
let me thank Diana DeGette, who has worked so hard to get this 
legislation to the floor, one legislative initiative that has been 
championed by Stephanie Tubbs Jones and the honor that has been given 
her by naming this the Stephanie Tubbs Jones Organ Transplant 
Authorization Act of 2008.
  This is a difficult question to debate on the floor of the House 
because, whenever you think of organ transplants, you're well aware 
that someone you've loved or some friend or some neighbor has passed 
away, and we know that when a loved one dies it is never a happy 
moment. Experiences like this

[[Page H8670]]

always bring sadness and sorrow, but when that loved one's death can 
serve, however, as a beacon of hope for someone else, maybe there can 
be an additional moment of comfort for those who have lost their loved 
ones. That's probably one of the most difficult aspects is to predict 
loss of life or to be able to say to your family that you want to be an 
organ donor.
  This legislation, I think, goes a long way in responding to the 
thousands and thousands who are on the list for organ donations, such 
as for kidney and liver donations. Currently, there are over 60,000 
people on the transplant list for kidneys, praying that someday they 
will receive a kidney and will be able to live a full life. Liver 
donations, I know, are extremely difficult.
  I want to pay tribute to one of our very fine public servants in the 
State of Texas, State Senator Mario Gallegos, who goes around speaking 
openly about how his life was saved because of a liver transplant and 
about how he works tirelessly for full coverage for those individuals 
who receive transplants.
  This bill is an important bill because the formula that was developed 
for organ transplants was developed in 1984. It is old and outdated. 
Since then, there have been countless new regulations that have 
increased the cost. In response, the marketplace has been shifting this 
cost on to private entities. Often, these entities are nonprofits that 
lack the funds to help in all they should be able to do or would like 
to do.
  We need to help these patients with high-quality, low-cost health 
care and assure those who are needing transplants that they can rest 
easy in that they will receive the care they deserve. That is the 
advocacy of Senator Mario Gallegos.
  This bill will create the Organ Procurement and Transplantation 
Network public-private partnership that will greatly increase a 
patient's access to transplants. Additionally, it will take some of the 
burden off of the nonprofit entities that are already facing some of 
the toughest conditions in the sector.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. PALLONE. Mr. Speaker, I yield the gentlewoman an additional 
minute.
  Ms. JACKSON-LEE of Texas. This bill will also provide an updated 
reimbursement formula to these nonprofits to modernize the system. Most 
importantly, it will make a very important statement, Mr. Speaker--the 
need for organ donors and the great need of those needing organ 
transplants.
  We know that we lost our very dear friend in August, a friend who 
championed health care, who championed her own health system in the 
State of Ohio. More importantly, she valued life because she lived it 
to the fullest. Yet she understood that, in death, you can also give 
life. This is a great tribute to Congresswoman Stephanie Tubbs Jones. 
It reminds us again of the need of organ transplants and of donors in 
the African American population, which makes up about 12 percent of the 
Nation's population, about 12 percent of the patients who donate but 23 
percent of the need.
  So this is an important step forward, this legislation that is now 
being renewed. It is an important tribute to Congresswoman Stephanie 
Tubbs Jones and to her family. Out of the joyful life that she had, she 
then gave life in death and reminded us of the importance of organ 
transplants and of the life they give to others.
  I ask my colleagues to support this legislation.
  Mr. Speaker, I rise today to voice my support for House Resolution 
6469, The Organ Transplant Authorization Act of 2008. Whether in war or 
peace, the greatest gift one person can give to another is the gift of 
life.
  When a loved one dies, it is never a happy moment; experiences like 
this always bring sadness and sorrow. When that loved one's death can 
serve as a beacon of hope for another, it does not lessen the sadness; 
it allows the family to have a good, if small, memory of the loss of 
their loved one.
  Thankfully, there are a great number of cases of living donors 
sharing the gift of life instead of giving it. In this country, the 
need for kidneys grows every year as kidney disease increases. It is 
estimated that within the next decade, the rate of kidney disease will 
double. Currently there are over 60,000 people on the transplant list 
praying that someday they will receive a kidney and will be able to 
live a full life, free of dialysis three times a week. It is time to 
help patients, all across the country, in need of lifesaving 
transplants of not just the kidney, but also heart, liver, lung and 
other vital organs.
  Currently, we are facing a crisis in this country with regards to 
transplanting organs. As costs and governmental regulations go up, so 
does the cost, and so must the funding. As of now we are using a 
formula that was developed in 1984. It is old and outdated. Since then, 
there have been countless new regulations that have increased the cost. 
In response, the marketplace has been shifting this cost on to private 
entities. Often these entities are nonprofits that lack the funds to 
help all they should be able to. We need to help these patients with 
high quality, low cost health care that will assure that even those 
needing transplants can rest easy that they will receive the care they 
deserve.
  This bill will create the Organ Procurement and Transplantation 
Network. This public and private partnership will greatly increase 
patients' access to transplants. Additionally it will take some of the 
burden off of the nonprofit entities that are already facing some of 
the toughest conditions in the sector. This bill will also provide an 
updated reimbursement formula to these nonprofits to modernize the 
system.
  Finally, this bill will honor an ardent supporter of transplantation, 
the Honorable Stephanie Tubbs Jones. Before her death, she ordered that 
when she passed away, her organs be donated, to any in need. Her death, 
while a great loss for myself, her state, and anyone who knew her and 
loved her, will hopefully serve as an example for her fellow Ohioans 
and beyond. Congresswoman Tubbs Jones knew, like all of us will, that 
there is a growing need among the African American community for 
transplantation. Currently, African Americans make up about 12 percent 
of the Nation's population and about 12 percent of the patients who 
donate. However, of all the patients requiring a transplant, 23 percent 
of them are African American. This disparity is a growing epidemic and 
must be resolved.
  Mr. Speaker, Congresswoman Tubbs Jones served as a model for how we 
should live our lives and beyond. I hope that her memory will inspire 
millions around the Nation to take up the noble cause of saving those 
who have no other choice. I urge passage of this bill.
  Mr. PALLONE. Mr. Speaker, I have no further requests for time, and I 
would urge the support for and the passage of this bill, not only 
because of its significance but also in honor of our colleague Ms. 
Stephanie Tubbs Jones.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 6469, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BURGESS. Mr. 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 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________