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
TRANSPLAN-
TATION
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 ‘‘, in-
cluding standards for preventing the acquisition 
of organs that are infected with the etiologic 
agent for acquired immune deficiency syn-
drome’’; 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 
(HIV), provided that any such standards ensure that 
organs infected with human immunodeficiency virus 
may be transplanted only into individuals who are 
infected with such virus before receiving such 
organ.’’. 
(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 
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organizations) is amended by striking ‘‘including ar-
ranging for testing with respect to preventing the 
acquisition of organs that are infected with the etio-
logic agent for acquired immune deficiency syn-
drome’’ and inserting ‘‘including arranging for test-
ing with respect to identifying organs that are in-
fected with human immunodeficiency virus (HIV)’’. 
(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: 
‘‘SEC. 377E. GUIDELINES, STANDARDS, AND REGULATIONS 
WITH RESPECT TO ORGANS INFECTED WITH 
HIV. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of the HIV Organ Policy Equity 
Act, the Secretary shall develop and publish guidelines for 
the conduct of research relating to transplantation of or-
gans from donors infected with human immunodeficiency 
virus (in this section referred to as ‘HIV’). 
‘‘(b) CORRESPONDING CHANGES TO STANDARDS AND 
REGULATIONS APPLICABLE
TO RESEARCH.—Not later 
than 1 year 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 
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in accordance with the guidelines developed under sub-
section (a)— 
‘‘(1) the Organ Procurement and Transplan-
tation 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 suc-
cessor regulations). 
‘‘(c) REVISION OF STANDARDS AND REGULATIONS 
GENERALLY.—Not later than 2 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 Trans-
plantation 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 cross-strain transplantation; 
‘‘(2) if the Secretary determines under para-
graph (1) that such results warrant revision of the 
standards 
of 
quality 
adopted 
under 
section 
372(b)(2)(E) with respect to donated organs in-
fected with HIV and with respect to cross-strain 
transplantation, direct the Organ Procurement and 
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Transplantation Network to revise such standards, 
consistent with section 372 and in a way that en-
sures the changes will not reduce the safety of organ 
transplantation; and 
‘‘(3) in conjunction with any revision of such 
standards under paragraph (2), shall revise section 
121.6 of title 42, Code of Federal Regulations (or 
any successor regulations) for consistency with such 
standards.’’. 
SEC. 3. CONFORMING AMENDMENT TO TITLE 18 OF THE 
UNITED STATES CODE. 
Section 1122 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(d) EXCEPTION.—An organ donation does not vio-
late this section if the donation is in accordance with all 
applicable guidelines and regulations of the Secretary 
made under section 377E of the Public Health Service 
Act.’’. 
Æ 
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