[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.

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