I
106TH CONGRESS
2D SESSION
H. R. 3885
To amend the Public Health Service Act to revise and extend the programs
relating to organ procurement and transplantation.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2000
Mr. LAHOOD (for himself and Mr. RUSH) introduced the following bill; which
was referred to the Committee on Commerce
A BILL
To amend the Public Health Service Act to revise and extend
the programs relating to organ procurement and trans-
plantation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Organ Donation and
Transplantation Improvements Act of 2000’’.
SEC. 2. FINDINGS.
(a) IN GENERAL.—The Congress finds as follows:
(1) It is in the public interest to maintain and
improve a system for promoting and supporting a
central network to assure the fair and effective dis-
tribution of organs among patients on the national
waiting list, and to assure quality and facilitate col-
laboration among network members and individual
medical practitioners participating in the network
activities.
(2) The Organ Procurement and Transplan-
tation Network (‘‘Network’’) was created in 1984 by
the National Organ Transplant Act in order to fa-
cilitate an equitable allocation of organs among pa-
tients.
(3) The Federal Government should continue to
provide Federal oversight of the Network and is re-
sponsible for protecting the public’s health care in-
terest and assuring that the policies of the Network
meet the goals established by this Act.
(4) The responsibility for developing, estab-
lishing, and maintaining medical criteria and stand-
ards for organ procurement and transplantation is a
function of the Network established under contract
with the Federal Government.
(5) The Federal Government is responsible for
assuring that the efforts of the Network serve the
patients and donor families in the procurement and
distribution of organs.
(6) The Federal Government should take imme-
diate action to improve organ donation rates and in-
crease the number of organs available for transplan-
tation.
(7) There is a significant disparity between the
number of organ donors and the number of individ-
uals waiting for organ transplants so that it is in the
public’s best interest to have a system of organ allo-
cation that is fair and equitable to all individuals.
(b) SENSE OF CONGRESS REGARDING ORGAN DONA-
TION.—The Congress finds as follows:
(1) The factors that impact organ donation
rates are complex and require a multifaceted ap-
proach to increase organ donation rates.
(2) The Federal Government should lead the
national effort to increase organ donation and de-
velop programs with the transplant community to re-
search and implement a best practices approach to
increasing organ donation.
(3) A generous contribution has been made by
each living individual who has donated an organ to
save a life.
SEC. 3. ORGAN PROCUREMENT ORGANIZATIONS.
Section 371 of the Public Health Service Act (42
U.S.C. 273) is amended to read as follows:
‘‘SEC. 371. ORGAN PROCUREMENT ORGANIZATIONS.
‘‘(a) AUTHORITY OF THE SECRETARY.—
‘‘(1) The Secretary may make grants for the
planning of qualified organ procurement organiza-
tions described in subsection (b) of this section.
‘‘(2) The Secretary may make grants for the es-
tablishment, initial operation, consolidation, and ex-
pansion of qualified organ procurement organiza-
tions described in subsection (b) of this section.
‘‘(3) The Secretary may make grants to, and
enter into contracts with, qualified organ procure-
ment organizations described in subsection (b) of
this section and other nonprofit private entities for
the purpose of carrying out special projects designed
to increase the number of organ donors.
‘‘(b) QUALIFIED ORGANIZATIONS.—
‘‘(1) A qualified organ procurement organiza-
tion for which grants may be made under subsection
(a) of this section is an organization which, as deter-
mined by the Secretary, will carry out the functions
described in paragraph (2) and—
‘‘(A) is a nonprofit entity;
‘‘(B) has accounting and other fiscal proce-
dures (as specified by the Secretary) necessary
to assure the fiscal stability of the organization;