[Congressional Record Volume 159, Number 160 (Tuesday, November 12, 2013)]
[House]
[Pages H6967-H6971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HIV ORGAN POLICY EQUITY ACT
Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill
(S. 330) to amend the Public Health Service Act to establish safeguards
and standards of quality for research and transplantation of organs
infected with human immunodeficiency virus (HIV).
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 330
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 ``HIV Organ Policy Equity
Act''.
SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Standards of Quality for the Acquisition and
Transportation of Donated Organs.--
(1) Organ procurement and transplantation network.--Section
372(b) of the Public Health Service Act (42 U.S.C. 274(b)) is
amended--
(A) in paragraph (2)(E), by striking ``, including
standards for preventing the acquisition of organs that are
infected with the etiologic agent for acquired immune
deficiency syndrome''; and
(B) by adding at the end the following:
``(3) Clarification.--In adopting and using standards of
quality under paragraph (2)(E), the Organ Procurement and
Transplantation Network may adopt and use such standards with
respect to organs infected with human immunodeficiency virus
(in this paragraph referred to as `HIV'), provided that any
such standards ensure that organs infected with HIV may be
transplanted only into individuals who--
``(A) are infected with HIV before receiving such organ;
and
``(B)(i) are participating in clinical research approved by
an institutional review board under the criteria, standards,
and regulations described in subsections (a) and (b) of
section 377E; or
``(ii) if the Secretary has determined under section
377E(c) that participation in such clinical research, as a
requirement for such transplants, is no longer warranted, are
receiving a transplant under the standards and regulations
under section 377E(c).''.
(2) Conforming amendment.--Section 371(b)(3)(C) of the
Public Health Service Act (42 U.S.C. 273(b)(3)(C); relating
to organ procurement organizations) is amended by striking
``including arranging for testing with respect to preventing
the acquisition of organs that are infected with the
etiologic agent for acquired immune deficiency syndrome'' and
inserting ``including arranging for testing with respect to
identifying organs that are infected with human
immunodeficiency virus (HIV)''.
(3) Technical amendments.--Section 371(b)(1) of the Public
Health Service Act (42 U.S.C. 273(b)(1)) is amended by--
(A) striking subparagraph (E);
(B) redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively;
(C) striking ``(H) has a director'' and inserting ``(G) has
a director''; and
(D) in subparagraph (H)--
(i) in clause (i) (V), by striking ``paragraph (2)(G)'' and
inserting ``paragraph (3)(G)''; and
(ii) in clause (ii), by striking ``paragraph (2)'' and
inserting ``paragraph (3)''.
(b) Publication of Research Guidelines.--Part H of title
III of the Public Health Service Act (42 U.S.C. 273 et seq.)
is amended by inserting after section 377D the following:
[[Page H6968]]
``SEC. 377E. CRITERIA, STANDARDS, AND REGULATIONS WITH
RESPECT TO ORGANS INFECTED WITH HIV.
``(a) In General.--Not later than 2 years after the date of
the enactment of the HIV Organ Policy Equity Act, the
Secretary shall develop and publish criteria for the conduct
of research relating to transplantation of organs from donors
infected with human immunodeficiency virus (in this section
referred to as `HIV') into individuals who are infected with
HIV before receiving such organ.
``(b) Corresponding Changes to Standards and Regulations
Applicable to Research.--Not later than 2 years after the
date of the enactment of the HIV Organ Policy Equity Act, to
the extent determined by the Secretary to be necessary to
allow the conduct of research in accordance with the criteria
developed under subsection (a)--
``(1) the Organ Procurement and Transplantation Network
shall revise the standards of quality adopted under section
372(b)(2)(E); and
``(2) the Secretary shall revise section 121.6 of title 42,
Code of Federal Regulations (or any successor regulations).
``(c) Revision of Standards and Regulations Generally.--Not
later than 4 years after the date of the enactment of the HIV
Organ Policy Equity Act, and annually thereafter, the
Secretary, shall--
``(1) review the results of scientific research in
conjunction with the Organ Procurement and Transplantation
Network to determine whether the results warrant revision of
the standards of quality adopted under section 372(b)(2)(E)
with respect to donated organs infected with HIV and with
respect to the safety of transplanting an organ with a
particular strain of HIV into a recipient with a different
strain of HIV;
``(2) if the Secretary determines under paragraph (1) that
such results warrant revision of the standards of quality
adopted under section 372(b)(2)(E) with respect to donated
organs infected with HIV and with respect to transplanting an
organ with a particular strain of HIV into a recipient with a
different strain of HIV, direct the Organ Procurement and
Transplantation Network to revise such standards, consistent
with section 372 and in a way that ensures the changes will
not reduce the safety of organ transplantation; and
``(3) in conjunction with any revision of such standards
under paragraph (2), revise section 121.6 of title 42, Code
of Federal Regulations (or any successor regulations).''.
SEC. 3. CONFORMING AMENDMENT TO TITLE 18 OF THE UNITED STATES
CODE.
Section 1122(a) of title 18, United States Code, is amended
by inserting ``or in accordance with all applicable
guidelines and regulations made by the Secretary of Health
and Human Services under section 377E of the Public Health
Service Act'' after ``research or testing''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Upton) and the gentlewoman from California (Mrs. Capps)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
I stand in strong support of S. 330, known as the HOPE Act.
The HOPE Act would eliminate the restriction on acquiring HIV-
positive organs in order to permit research on transplants between HIV-
positive individuals. The legislation will increase the number of
available organs and will help all of those who are awaiting a
transplant.
In 1984, Congress enacted the National Organ Transplant Act, NOTA.
The purpose of NOTA was to guide organ donation and transplantation. In
1988, Congress amended NOTA to ban the transplantation of HIV-infected
organs. Today, HIV treatments have extended and have improved the lives
of countless HIV patients. This, in turn, has increased the need for
organ donations.
This bill would allow research to fully evaluate the safety and
effectiveness of organ transplantation between individuals with HIV.
Specifically, the bill would permit research on transplants involving
HIV-positive individuals by eliminating the restriction on acquiring
HIV-positive organs. The legislation also would direct the Secretary of
HHS to develop and implement standards for research on the
transplantation of HIV-infected organs. Finally, the bill would require
the Secretary of HHS to revise transplant standards based on that
research.
H.R. 698 is the House companion to the HOPE Act. Mrs. Capps, on our
committee, authored H.R. 698, and the Energy and Commerce Committee
passed it by voice vote last July. Earlier this year, the Senate passed
the legislation before us today, which was led by Senators Boxer,
Coburn, Baldwin, and Paul--a bipartisan group. By passing the HOPE Act
now, we will send it directly to the President so that he can sign it
into law and avoid a conference.
This commonsense proposal has the potential to save lives. With
100,000 patients waiting for life-saving organs, permitting HIV-
positive donors to be used for transplants could save as many as 1,000
HIV-infected patients every year. So, tonight, we provide some hope for
those in need of new organs. I support this bill, and I urge my
colleagues to do the same.
I reserve the balance of my time.
Mrs. CAPPS. Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of the HIV Organ Policy Equity Act, commonly
known as the ``HOPE Act.'' The HOPE Act is a critical step towards
improving the health and well-being of persons living with HIV and AIDS
and of strengthening our Nation's organ transplant system.
Many of us remember the fear and worry that surrounded AIDS in the
1980s. At first, no one even knew what caused AIDS, and the diagnosis
was considered a swift death sentence. In that time of fear and the
unknown, a blanket ban was placed on transplanting any HIV-positive
organs, even for the purposes of research. However, in the last 25
years, medical research and technology has transformed HIV/AIDS care
and treatment. Now, thanks to these breakthroughs, HIV is a more
chronic condition. This has led to improved life expectancies--
something we can and should celebrate--but it also means that HIV-
positive people are more likely to encounter medical complications as
they age. They face unique complications as the powerful drugs that
keep their HIV at bay often take a hard toll on their bodies, putting
them at increased risk for ailments like kidney and liver disease, and
for some of these problems, the only treatment is to wait on the same
long waiting lists, as all Americans do, for an organ transplant.
There might be a better way.
According to transplant experts, each year, we toss out hundreds of
HIV-positive organs that could otherwise be viable for transplantation
into other HIV-positive people. These organs have the potential to save
lives and lessen the transplant waiting lists for all Americans, but,
instead, they are wasted because of the archaic, blanket ban that
prohibits even the research to see if they could be used by those who
already are HIV positive. That is why we need to pass the HOPE Act
today.
The HOPE Act would create a pathway, grounded in medical science, to
research the feasibility and safety of positive-to-positive organ
transplantation. Think about it. This is a chance to possibly shorten
the waiting lists for everyone waiting for an organ, to deliver better
health outcomes for those in need, and to lower health care costs by
moving individuals off of the dialysis rolls, all while maintaining the
safety and integrity of our current organ transplantation system. That
is what the HOPE Act can and will help to do. It is common sense and
fiscally responsible. It is the right thing to do for all Americans who
are awaiting transplants.
I would like to thank and acknowledge Senator Boxer and Senator
Coburn for championing this issue in the Senate. With their leadership,
the HOPE Act passed by unanimous consent in June. Also, I would
especially like to thank for their leadership my colleagues Mr. Harris,
who is the Republicans' lead on this bill, and also Dr. Burgess, who is
a cosponsor and a strong supporter of this bill. Finally, I would like
to thank all of the advocates who have worked so hard in support of
this legislation.
I am pleased to stand with an incredibly broad coalition of health
professionals and HIV/AIDS advocates in backing S. 330. The HOPE Act is
a commonsense bill that creates a path forward for research on this
issue. It has strong support on both sides of the Capitol and on both
sides of the aisle. It is a critically important issue. It is an
opportunity to save lives. That is
[[Page H6969]]
why I am urging a ``yes'' vote today on S. 330, the HOPE Act.
I reserve the balance of my time.
{time} 1730
Mr. UPTON. Mr. Speaker, I ask unanimous consent that the balance of
my time be managed by the gentleman from Pennsylvania (Mr. Pitts).
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. PITTS. Mr. Speaker, I yield myself such time as I may consume.
I stand in support of another bipartisan bill this evening. The HIV
Organ Policy Equity Act, or the HOPE Act, would lift a ban dating back
to the 1990s on acquiring HIV-positive organs so that the Department of
Health and Human Services can conduct research on the safety and
effectiveness of transplants between HIV-positive individuals.
As HIV treatments have advanced over the last 30 years, many HIV-
positive individuals are living longer lives, but they are also more
likely to experience conditions, such as kidney and liver failure,
which necessitate a transplant.
This bill provides a potential path to a separate organ donation pool
for HIV-positive organs, hopefully increasing the overall number of
organs available for transplantation.
The HOPE Act passed the Senate by unanimous consent in June and is
supported by the American Society of Transplantation and the American
Society of Transplant Surgeons, among others.
I would encourage my colleagues to support this bipartisan,
commonsense bill and would like to commend Dr. Harris, Dr. Burgess,
Mrs. Capps, Chairman Upton, and Ranking Members Waxman and Pallone for
their leadership on this bipartisan bill.
I reserve the balance of my time.
Mrs. CAPPS. Mr. Speaker, I am pleased to yield whatever time she may
consume to my colleague from Washington, D.C., Eleanor Holmes Norton.
Ms. NORTON. I thank my good friend from California, and I thank all
of the bipartisan leaders of this bill, especially Mrs. Capps, who has
made health care a signature issue for herself ever since coming to the
Congress.
Mr. Speaker, we haven't found our way out of one of the great
disparities in medical science: the difference between the 100,000
patients seeking organ transplants and the mere 30,000 who get such
transplants annually. The HOPE Act provides a possible breakthrough,
one that I don't think we can refuse. It is a breakthrough for many
whose condition would make them hopeless in waiting for an organ
transplant.
The regular reviews to evaluate medical research that are mandated by
this bill could allow transplants from HIV-positive donors to HIV-
positive recipients if the procedure--and this is important; the
safeguards are tightly woven into this bill--if the procedure is shown
to be both safe and effective. No wonder the Boxer-Coburn HOPE Act was
passed by unanimous consent in the Senate.
The wholesale ban in 1988 did not even allow research on HIV-infected
organs. I am not sure I understand that since in this country we
usually do not take research out of the picture.
Today, medical science has come a long way, allowing many to live
with HIV. We save many lives but then lose them to chronic conditions
such as kidney and liver damage, often caused by the very HIV
medications that have saved their lives. If they go on dialysis, there
is virtually no hope for a transplant today.
The way out of this conundrum is the way we have understood since the
Enlightenment: ``Look for the evidence.'' Who can know where the
science will take us or whether it will take us anywhere? With
estimates of as many as another 600 organ donors who could be helpful
annually, who would not want to try to find if this could be
accomplished?
Again, I thank the sponsors of this bill, which I think is rightfully
named the HOPE Act.
Mr. PITTS. Mr. Speaker, at this time, I yield 2 minutes to the
gentleman from Texas, Dr. Burgess, the vice chairman of the Health
Subcommittee.
Mr. BURGESS. I thank the chairman for yielding.
Mr. Speaker, this bill before us tonight is a commonsense policy that
will remove some barriers in the law and ensure that patients who are
suffering from life-threatening illnesses can access vital treatments.
We have heard the numbers discussed tonight--over 100,000 patients
currently awaiting life-saving organs. That number grows by thousands
every year, coupled with the fact that our current organ donation
policies are outdated and do not reflect the most current research in
clinical developments.
The bill before us tonight corrects this, allowing organs from HIV-
positive donors to be transplanted into HIV-positive recipients. This
has the potential to save over 1,000 HIV-infected patients every year
with liver and kidney failure.
Allowing these HIV positive donations increases the organs available
to HIV-positive recipients. More importantly, it actually grows the
overall pool of organs that will be available.
Furthermore, transplant surgeons already have experience with the
transplantation of infected organs. Today, surgeons perform organ
transplants on patients who are infected with hepatitis C, a disease
with similar transmission methods as HIV.
I would reassure my colleagues, I have taken the time to speak with
transplant surgeons for the American Society of Transplant Surgeons,
and I have spoken with doctors at the National Institutes of Health.
This does not pose an increased health risk for the already HIV-
infected patient from an organ donated by an HIV-positive donor, but it
will provide the potential for increasing the number of organs
available for transplant. Anybody who works in transplant surgery knows
this is the number one issue that they face on a day-to-day basis.
This legislation is sound, science-based policy. It is also good
fiscal policy. It increases the options for safe transplantation,
eliminating the need for patients to receive costly recurring
treatments, and instead allows patients to receive viable organs to
live fuller, more productive lives.
I urge my colleagues to vote in support of this life-saving bill.
Mrs. CAPPS. I would ask the gentleman from Pennsylvania if he has
more speakers?
Mr. PITTS. I do, yes.
Mrs. CAPPS. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. PITTS. Mr. Speaker, at this time, I yield 2 minutes to the
gentleman from Maryland, Dr. Harris, one of the leaders on this issue.
Mr. HARRIS. I want to thank the chairman of the subcommittee for
yielding time.
Mr. Speaker, the HOPE Act is exactly the kind of bipartisan
legislation that will improve lives and have a positive impact on our
health care system.
As a physician for nearly 30 years who has participated in and
conducted medical research, I know firsthand how medical innovation
often outpaces government laws and regulations. This is one such
example:
As an anesthesiologist, I have had the privilege of taking care of
many patients for transplant surgery, and I have seen numerous times
the lifesaving joy that an organ transplant brings to patients and
their families.
The HOPE Act changes an outdated law by making government work in a
more efficient and effective manner for all patients needing
transplants, both those with HIV and those without, which is exactly
what the American people expect from us here in Washington and from
their elected officials.
Mr. Speaker, it is time to move the HIV Organ Policy Equity Act, S.
330. I want to commend the gentlelady from California for working with
me to get this bill through. People are waiting for these organs.
I urge my colleagues to vote ``yes'' on S. 330 later tonight.
Mrs. CAPPS. Is the gentleman prepared to close?
Mr. PITTS. Yes, I am.
Mrs. CAPPS. Mr. Speaker, I would like to submit for the Record
letters of support from the United Network for Organ Sharing and a
coalition of health professional and HIV/AIDS advocacy organizations.
Mr. Speaker, I urge my colleagues to support this important
commonsense legislation, and I yield back the balance of my time.
[[Page H6970]]
Richmond, VA, January 18, 2013.
RE UNOS Endorsement of Your Legislation to Address HIV+ Organ
Donation and Research
Hon. Barbara Boxer,
U.S. Senate, Hart Senate Office Building, Washington, DC.
Hon. Tom Coburn,
U.S. Senate, Russell Senate Office Building, Washington, DC.
Hon. Lois Capps,
House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Senator Boxer, Senator Coburn, and Representative
Capps: UNOS is pleased to learn of your efforts to take an
important step to make more organs available for
transplantation. As you know, more than 110,000 Americans are
currently on the waiting list for organ transplants--far more
than are likely to find a matching donor in time. Allowing
the careful, targeted use of these organs makes it possible
to save more lives.
If your legislation is successful, UNOS, as the contractor
for the Organ Procurement and Transplantation Network, stands
ready to work with our HRSA partners to establish appropriate
allocation policies, including safeguards to protect
uninfected recipients from inadvertently receiving HIV-
infected organs or vessels.
We look forward to working with you to advance this
important legislation.
United Network for Organ Sharing (UNOS) is the private,
non-profit organization that manages the nation's organ
transplant system under contract with the federal government.
Our mission is to advance organ availability and
transplantation by uniting and supporting our communities for
the benefit of patients through education, technology and
policy development.
Sincerely,
John P. Roberts, MD,
President, United Network for Organ Sharing.
____
January 18, 2013.
RE endorsement of legislation to address donation of organs
from HIV-infected donors to benefit HIV-infected
recipients
Hon. Barbara Boxer,
U.S. Senate.
Hon. Tom Coburn,
U.S. Senate.
Hon. Lois Capps,
House of Representatives.
Dear Senators Boxer, Coburn and Representative Capps:
Please accept this letter on behalf of the undersigned
organizations in strong support of legislation to amend the
Public Health Service (PHS) Act to establish safeguards and
standards of quality for research and transplantation of
organs from HIV-infected donors. We applaud your efforts in
sponsoring this legislation, which makes common-sense reforms
to a medically outdated federal ban on the use of organs from
HIV-infected donors to benefit HIV-infected recipients.
This legislation is the product of a two-year process that
included gaining support of more than 40 national
organizations including professional HIV/AIDS and organ
transplantation societies, patient advocacy groups, and
general medical groups. By updating the PHS Act to reflect
the current medical understanding of HIV/AIDS, this
legislation will increase access to organ transplantation for
HIV-infected patients, reduce deaths on the organ transplant
waiting list, save taxpayers money, and maintain provisions
to protect the national supply of organs.
As you are well aware, due to remarkable advances in HIV
treatment and care over the past two decades, many HIV-
infected people with access to healthcare have normal life
expectancies. However, even when well-controlled with
medication, the virus puts people at higher risk for organ
failure, and after the onset of organ failure, HIV-infected
people require organ transplants sooner than uninfected
people with organ failure. In many parts of the country,
organ transplant waiting times exceed seven years. Long
waiting times disproportionally impact HIV-infected people
who simply cannot afford to wait seven years for an organ
offer. As a consequence, many people die while waiting. This
legislation will increase the availability of an estimated
500 high quality organs each year for HIV-infected patients,
which would have otherwise been discarded, providing a unique
treatment option to save lives and reduce suffering.
Commonly accepted standards in medicine require that
procedures undergo robust study before being accepted as the
standard of care. Though preliminary evidence from South
Africa demonstrates that transplantation between HIV-infected
people is safe and effective, it is incumbent upon the
medical community in the United States to carefully study the
safety and outcomes of these transplants in the same way that
transplantation of HIV-infected recipients with uninfected
donor organs has been carefully studied. This legislation
will enable such studies, and we must continue to encourage
the NIH to continue to fund clinical and comparative-
effectiveness research in this area.
Thank you again for your leadership and we look forward to
helping you build broad bipartisan support for this
legislation in the House of Representatives and Senate, and
working with you to see that it is enacted.
If you have any questions or require anything additional
from our groups, please do not hesitate to contact our
organizations through Brian Boyarsky ([email protected]
or 410-871-8252).
AIDS Community Research Initiative of America, AIDS
Foundation of Chicago, AIDS Law Project of Pennsylvania (PA),
AIDS Project Los Angeles, AIDS Treatment News, AIDS United,
American Academy of HIV Medicine, American Sexual Health
Association, American Society for Nephrology, American
Transplant Foundation, amfAR, The Foundation for AIDS
Research, Association of Nurses in AIDS Care, Association of
Organ Procurement Organizations, Birmingham AIDS Outreach
(AL), Cascade AIDS Project (OR), Center for HIV Law and
Policy, Community Access National Network, Dialysis Patient
Citizens, Eye Bank Association of America, Fenway Health/
Fenway Institute (MA).
Gay & Lesbian Medical Association: Health Professionals
Advancing LGBT Equality, Gay Men's Health Crisis, HealthHIV,
HIV Dental Alliance, HIV Medicine Association, Human Rights
Campaign, Infectious Diseases Society of America, Lambda
Legal, Latino Commission on AIDS, Mendocino County AIDS/Viral
Hepatitis Network (CA), Moveable Feast, NATCO, The
Organization for Transplant Professionals, National Minority
AIDS Council.
Okaloosa AIDS Support & Informational Services, Inc. (FL),
RAIN Oklahoma (OK), Renal Physicians Association, San
Francisco AIDS Foundation, The AIDS Institute, Transplant
Recipients International Organization, Treatment Action
Group, US Positive Women's Network, VillageCare (NY), Warren
Clinic for Pediatric Infectious Diseases (OK).
Mr. PITTS. Mr. Speaker, I submit for the Record an exchange of
letters between the Committee on Energy and Commerce and the Committee
on the Judiciary on H.R. 698, the House companion bill to S. 330.
Mr. Speaker, I urge support for this bipartisan commonsense
legislation, and I yield back the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, July 22, 2013.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Chairman Upton: I am writing with respect to H.R. 698,
the ``HIV Organ Policy Equity Act,'' which the Committee on
Energy and Commerce reported favorably on July 17, 2013. As a
result of your having consulted with us on provisions in H.R.
698 that fall within the rule X jurisdiction of the Committee
on the Judiciary, I agree to discharge our Committee from
further consideration of this bill so that it may proceed
expeditiously to the House floor for consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 698 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation, and that our
Committee will be appropriately consulted and involved as the
bill or similar legislation moves forward so that we may
address any remaining issues in our jurisdiction. Our
Committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and asks
that you support any such request.
I would appreciate a response to this letter confirming
this understanding with respect to H.R. 698, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during floor
consideration of H.R. 698.
Sincerely,
Bob Goodlatte,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, July 23, 2013.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Goodlatte: Thank you for your letter
regarding H.R. 698, the ``HIV Organ Policy Equity Act.'' As
you noted, there are provisions of the bill that fall within
the rule X jurisdiction of the Committee on the Judiciary.
I appreciate your willingness to forgo action on H.R. 698,
and I agree that your decision is not a waiver of any of the
Committee on the Judiciary's jurisdiction over the subject
matter contained in this or similar legislation, and that the
Committee will be appropriately consulted and involved as the
bill or similar legislation moves forward to address any
remaining issues in the Committee's jurisdiction. In
addition, I understand the Committee reserves the right to
seek the appointment of conferees to any House-Senate
conference involving this or similar legislation, for which
you will have my support.
I will include a copy of your letter and this response in
the Congressional Record during consideration of H.R. 698 on
the House floor.
Sincerely,
Fred Upton,
Chairman.
Mr. WAXMAN. Mr. Speaker, I rise in support of S. 330, the HIV Organ
Policy Equity Act or HOPE Act. And I urge my colleagues to join me in
voting for passage of S. 330 today, which will send this bill on to the
President for his signature.
In the early years of the HIV/AIDS epidemic, the National Organ
Transplant Act was
[[Page H6971]]
amended to ban the transplantation of organs infected with the HIV
virus. Today--more than two decades after this ban was put in place--an
HIV-positive diagnosis is no longer a death sentence. More and more
HIV-positive Americans are living longer with antiretroviral treatment
and finding themselves on waitlists for organs along with tens of
thousands of others. Organ transplantation also now occurs using
Hepatitis C-positive organs for transplant in patients who have the
Hepatitis C virus. This development is notable given similarities in
the transmission modes of the HIV and Hepatitis C viruses.
The HOPE Act updates the National Organ Transplant Act to reflect the
current medical and scientific understanding of HIV/AIDS. The bill
creates a pathway for future HIV-positive to HIV-positive organ
donation--beginning first with research. The Secretary of Health and
Human Services is directed to develop research criteria for HIV-posiive
to HIV-positive organ donation. The Secretary is also required to
conduct an annual review of research results and--if she deems the
research findings warrant this action--direct the Organ Procurement and
Transplant Network to revise standards for organ transplantation with
HIV-infected organs. S. 330 also amends the Federal criminal code to
specify that organ donation consistent with the HOPE Act would not
violate the current prohibition in Federal law.
I believe this measure represents an important step forward in
updating our organ transplant procedures to reflect the current state
of the science. Importantly, S. 330 could also increase organs
available for donation--saving hundreds of lives each year.
I want to commend Congresswoman Capps and Congressman Harris for
their leadership on this critical issue in the House. I also want to
acknowledge the contributions of Senators Boxer and Coburn, the
sponsors of the legislation we are considering today.
I urge my colleagues to join me in supporting the HOPE Act and
sending this commonsense, bi-partisan measure to the President.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Upton) that the House suspend the rules
and pass the bill, S. 330.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________