[Congressional Record (Bound Edition), Volume 153 (2007), Part 23]
[Senate]
[Pages 32059-32061]
[From the U.S. Government Publishing Office, www.gpo.gov]




PROVIDING FOR CONCURRENCE BY HOUSE WITH AMENDMENTS IN SENATE AMENDMENT 
       TO H.R. 710, CHARLIE W. NORWOOD LIVING ORGAN DONATION ACT

  Mr. INSLEE. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 837) providing for the concurrence by the House 
in the Senate amendment to H.R. 710, with amendments.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 837

       Resolved, That, upon the adoption of this resolution, the 
     House shall be considered to have taken from the Speaker's 
     table the bill, H.R. 710, with the Senate amendment thereto, 
     and to have concurred in the Senate amendment with the 
     following amendments:

     In lieu of the matter proposed to be inserted by the 
     amendment of the Senate to the text of the bill, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Charlie W. Norwood Living 
     Organ Donation Act''.

     SEC. 2. AMENDMENTS TO THE NATIONAL ORGAN TRANSPLANT ACT.

       Section 301 of the National Organ Transplant Act (42 U.S.C. 
     274e) is amended--
       (1) in subsection (a), by adding at the end the following: 
     ``The preceding sentence does not apply with respect to human 
     organ paired donation.'' ; and
       (2) in subsection (c), by adding at the end the following:
       ``(4) The term `human organ paired donation' means the 
     donation and receipt of human organs under the following 
     circumstances:
       ``(A) An individual (referred to in this paragraph as the 
     `first donor') desires to make a living donation of a human 
     organ specifically to a particular patient (referred to in 
     this paragraph as the `first patient'), but such donor is 
     biologically incompatible as a donor for such patient.
       ``(B) A second individual (referred to in this paragraph as 
     the `second donor') desires

[[Page 32060]]

     to make a living donation of a human organ specifically to a 
     second particular patient (referred to in this paragraph as 
     the `second patient'), but such donor is biologically 
     incompatible as a donor for such patient.
       ``(C) Subject to subparagraph (D), the first donor is 
     biologically compatible as a donor of a human organ for the 
     second patient, and the second donor is biologically 
     compatible as a donor of a human organ for the first patient.
       ``(D) If there is any additional donor-patient pair as 
     described in subparagraph (A) or (B), each donor in the group 
     of donor-patient pairs is biologically compatible as a donor 
     of a human organ for a patient in such group.
       ``(E) All donors and patients in the group of donor-patient 
     pairs (whether 2 pairs or more than 2 pairs) enter into a 
     single agreement to donate and receive such human organs, 
     respectively, according to such biological compatibility in 
     the group.
       ``(F) Other than as described in subparagraph (E), no 
     valuable consideration is knowingly acquired, received, or 
     otherwise transferred with respect to the human organs 
     referred to in such subparagraph.''.

     SEC. 3. REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, the Secretary of Health and 
     Human Services shall submit to the appropriate committees of 
     Congress a report that details the progress made towards 
     understanding the long-term health effects of living organ 
     donation.

     SEC. 4. NO IMPACT ON SOCIAL SECURITY TRUST FUND.

       Nothing in this Act (or an amendment made by this Act) 
     shall be construed to alter or amend the Social Security Act 
     (42 U.S.C. 301 et seq.) (or any regulation promulgated under 
     that Act).
       Amend the title so as to read: ``An Act to amend the 
     National Organ Transplant Act to provide that criminal 
     penalties do not apply to human organ paired donation and for 
     other purposes.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Inslee) and the gentleman from Georgia (Mr. Deal) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. INSLEE. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. INSLEE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, we're here today to pass the Charlie W. Norwood Living 
Kidney Donation Clarification Act. And like many of my colleagues, I 
was pleased when this bill finally first passed the House in March, and 
I'm happy to report now that we have an agreement with both Chambers of 
a provision that can pass and be signed by the President into law.
  We all suffered a great loss with Dr. Norwood's loss, and we know he 
was the recipient of a lung transplant himself and was a committed 
champion of these causes while serving in Congress. So in addition to 
helping thousands of Americans today in a way to enhance the prospects 
of living donations, this bill will be a fitting tribute to Dr. Norwood 
and his efforts.
  I also want to thank the Energy and Commerce Committee staff who've 
worked diligently on this for months, Jessica McNiece, Pete Goodloe, 
Katherine Martin and Ryan Long, getting this bill in a condition where 
it can be signed into law.
  As many of my colleagues know, this legislation will clarify the 
procedure commonly known as paired organ donation to make clear that it 
is legal and, in doing so, will provide hope to thousands of Americans 
who now are waiting for transplants, particularly kidney transplants, 
across the United States. Paired organ donation will make it possible 
for thousands of people who wish to donate a kidney to a spouse, a 
family member or a friend but find that they're not medically 
compatible, still allowing them to become living kidney donors.
  As of this afternoon, there are fully 97,000 candidates for organ 
donations waiting on the national waiting list. But there are only 
28,931 transplants performed in total of 2006, and only 6,730 were from 
living donors. Clearly, we've got work to do.
  This resolution will take a significant step towards reducing the 
number of patients on the waiting list and give much more hope for 
others to hope that, and know that their wait will not be endless.
  It's imperative we make absolutely clear that there's no intent by 
Congress to bar this procedure. Simply put, we want this legislation to 
save lives immediately, and it will do so when enacted.
  I also want to take a moment to salute and thank Dr. Connie Davis, 
who's a constituent and a friend and a very knowledgeable transplant 
physician from the University of Washington in Seattle. In addition to 
her years of caring for local transplant donors and recipients, she's 
advised me and others on transplant issues as chairwoman of the 
American Society of Transplantation, the largest organization in the 
world representing professionals engaged in the field of solid organ 
transplantation. And her help has been invaluable in putting this 
legislation together and making sure that those 90,000 patients get 
access.
  So for those thousands of patients waiting today who spend costly and 
often arduous time on dialysis treatment, their time on the waiting 
list can be significantly shortened with passage of this bill.
  And I want to thank my colleagues across the aisle who worked on 
this, Nathan Deal and others.
  Madam Speaker, I reserve the balance of my time.
  Mr. DEAL of Georgia. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in strong support of this legislation, 
which was originally introduced by my dear friend, the late Congressman 
Charlie Norwood, and has now been renamed the Charlie W. Norwood Living 
Organ Donation Act. As a lung transplant recipient, Charlie believed in 
organ donation. This good piece of legislation will help facilitate 
life-giving organ donation by clarifying the intent of the National 
Organ Transplant Act to protect the commonsense practice of paired 
organ donation.
  A paired donation occurs when a donor who is willing to give an organ 
to a family member or a friend, but is biologically incompatible, 
donates to another patient, who also has an incompatible donor. By 
cross-matching two or more incompatible donor recipient pairs, more 
patients can receive organs and more donors can give them.
  The changes we're making this afternoon help conform the bill to an 
amendment that was offered in the Senate during consideration. The 
amendment helps to ensure this bill can adapt to advances in science 
should organs other than kidneys be eligible for paired donation.
  As we pass this bill today and later send it to the President for his 
signature, we honor a great Member of this House and carry forward some 
of his goals.
  I would like to thank Mr. Inslee for his leadership on this issue, 
and I would urge my colleagues to join me in support of this 
legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. INSLEE. I yield back the balance of my time, Madam Speaker.
  Mr. DEAL of Georgia. Madam Speaker, I would like to yield such time 
as he may consume to another colleague of the Georgia delegation, Dr. 
Phil Gingrey.
  Mr. GINGREY. Madam Speaker, I thank the gentleman for yielding. I 
thank the gentleman from Washington, our friend, Representative Inslee, 
and of course Representative Nathan Deal.
  I am proud to be here to support this resolution, H.R. 710, in honor 
of our colleague, the late Dr. Norwood. Representative Inslee described 
the magnitude of the issue. I wasn't even aware that there were, as a 
physician, maybe I should be, but over 90,000 people who are on a 
waiting list, and a fourth of them each year get transplants, and only 
a very small number get a transplant from a living donor, as 
Representative Inslee pointed out. And of course Representative Deal 
just explained to us exactly what this cross-living donor program, how 
it would work. So it is an easy bill, Madam

[[Page 32061]]

 Speaker, to support for our late and dear friend and colleague, Dr. 
Charlie Norwood.
  Earlier this year we passed a bill honoring Dr. Norwood by naming a 
VA Medical Center in Augusta, Georgia, the heart of his congressional 
district, in honor of the great work that he did on behalf of our 
veterans.
  I think my colleagues, Madam Speaker, know that Charlie Norwood 
served as a dental officer in Vietnam, in combat, got two Bronze Stars, 
I think a medical combat award. He was a great spokesperson on behalf 
of our veterans.
  But also, in regard to health care, before I was even thinking about 
running for this great office that I hold now, Madam Speaker, Charlie 
Norwood had that Patient Bill of Rights. I think a lot of my colleagues 
would remember that. Madam Speaker, you indeed probably were here at 
that time. And so this is just another opportunity for us, not just to 
honor Dr. Norwood, but to realize that he worked so diligently on 
behalf of veterans issues and health care issues. So it's a great honor 
to be here today.
  And I'll tell you, on a personal note, my colleagues, Madam Speaker, 
I have a senior legislative assistant, Josh Waller, whose dad, Jerry, 
last year died while on a waiting list for a liver transplant. That was 
awfully painful for me to watch that happen to the dad of one of my 
great staff members. So this is a wonderful opportunity for us to do 
something really good for these people that Representative Deal, 
Representative Inslee described that are on these waiting lists, that 
suffer dialysis. And as Representative Deal pointed out, the Senate 
amendment just changed it a little bit so that other organs, other than 
kidneys, indeed, Dr. Norwood himself, as Representative Inslee pointed 
out, was the recipient of a lung transplant. Unfortunately, it did not 
work for him. But God bless him. And I'm proud to be here today to 
support this bill. I urge all of my colleagues to do the same.
  Mr. DEAL of Georgia. Madam Speaker, I urge the unanimous adoption of 
this bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Inslee) that the House suspend the rules 
and agree to the resolution, H. Res. 837.
  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. INSLEE. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  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.

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