[110th Congress Public Law 144]
[From the U.S. Government Printing Office]


[DOCID: f:publ144.110]

[[Page 121 STAT. 1813]]

Public Law 110-144
110th Congress

                                 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. <<NOTE: Dec. 21, 2007 -  [H.R. 710]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Charlie W. Norwood Living 
Organ Donation Act. 42 USC 201 note.>> assembled,
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 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.

[[Page 121 STAT. 1814]]

                    ``(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. <<NOTE: 42 USC 273b.>> 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. <<NOTE: 42 USC 274e note.>> 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).

    Approved December 21, 2007.

LEGISLATIVE HISTORY--H.R. 710 (S. 487):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 153 (2007):
            Mar. 6, 7, considered and passed House.
            July 9, considered and passed Senate, amended.
            Dec. 4, House concurred in Senate amendment with amendments 
                pursuant to H. Res. 837.
            Dec. 6, Senate concurred in House amendments.

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