H.R. 399House108th Congress (2003-2005)Passed House

Organ Donation Improvement Act of 2003

Introduced January 28, 2003

Legislative Activity

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14 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

March 13, 2003

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HouseIntro Referral

Introduced in House

January 28, 2003

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

January 28, 2003

HouseCommittee

Committee Consideration and Mark-up Session Held.

January 29, 2003

HouseCommittee

Ordered to be Reported by Voice Vote.

January 29, 2003

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 108-15.

February 13, 2003

HouseCalendars

Placed on the Union Calendar, Calendar No. 9.

February 13, 2003

HouseFloor

Mr. Tauzin moved to suspend the rules and pass the bill.

March 12, 2003 • 12:55 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H1763-1766)

March 12, 2003 • 12:55 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 399.

March 12, 2003 • 12:55 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

March 12, 2003 • 1:07 PM

HouseFloor

Considered as unfinished business. (consideration: CR H1776-1777)

March 12, 2003 • 5:18 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 425 - 3 (Roll no. 59).(text: CR H1763-1764)

March 12, 2003 • 5:26 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 425 - 3 (Roll no. 59). (text: CR H1763-1764)

March 12, 2003 • 5:26 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 12, 2003 • 5:26 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

March 13, 2003

Floor Debate

11 members

What members said about H.R. 399 on the floor

6 Republicans5 Democrats
Fred Upton
Rep. Fred UptonR-MI-6 · Mar 12, 2003

Mr. Speaker, I rise in support of H.R. 399, the Organ Donation Improvement Act of 2003, of which I am a cosponsor. Let me just mention one number, that for me, says it all about why we need…

John Shimkus
Rep. John ShimkusR-IL-19 · Mar 12, 2003

Mr. Speaker, I ask unanimous consent that I may be permitted to control the time of the gentleman from Louisiana (Mr. Tauzin). Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker,…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Mar 12, 2003

Mr. Speaker, I thank the gentleman from Louisiana (Mr. John) for yielding me this time. I commend the gentleman and all of the members of the subcommittee, and all of those who have brought this…

Michael Bilirakis
Rep. Michael BilirakisR-FL-9 · Mar 12, 2003

Mr. Speaker, I appreciate the gentleman's yielding me this time, and I rise in strong support of H.R. 399, the Organ Donation Improvement Act of 2003. This bipartisan bill was unanimously approved by…

Ted Strickland
Rep. Ted StricklandD-OH-6 · Mar 13, 2003

Mr. Speaker, I am proud to support H.R. 399, the Organ Donation Improvement Act of 2003. This important measure takes steps to increase donation activity to meet the demand for life-saving human…

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Heather Wilson
Rep. Heather WilsonR-NM-1 · Mar 12, 2003

Mr. Speaker, Kyle is a normal second grader in New Mexico. But, when he was just nine days old, he and his family traveled to Loma Linda California for a much needed heart transplant. Every year,…

Christopher John
Rep. Christopher JohnD-LA-7 · Mar 12, 2003

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 399, the Organ Donation Improvement Act of 2003. I thank the gentleman from Florida (Mr.…

Dave Camp
Rep. Dave CampR-MI-4 · Mar 13, 2003

Mr. Speaker, I rise today in strong support of H.R. 399, the Organ Donation Improvement Act of 2003. Simply stated, this bill will promote organ donation by removing existing barriers to living organ…

Madeleine Z. Bordallo
Rep. Madeleine Z. BordalloD-GU · Mar 12, 2003

Mr. Speaker, today, I join my colleagues in support of H.R. 399 to amend the Public Health Service Act to promote organ donation. I want to thank Congressman Bilirakis for his commitment to this…

Fortney Pete Stark
Rep. Fortney Pete StarkD-CA-13 · Mar 12, 2003

Mr. Speaker, I rise in support of the Organ Donation Improvement Act of 2003, H.R. 399. The commendable purpose of this bill is to increase public awareness of the need for organ donation and…

W. J. (Billy) Tauzin
Rep. W. J. (Billy) TauzinR-LA-3 · Mar 12, 2003

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 399) to amend the Public Health Service Act to promote organ donation. Mr. Speaker, I ask unanimous consent that all Members may have…

Bill Text

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Latest
Referred in SenateIssued March 13, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 399 Referred in Senate (RFS)]

1st Session
H. R. 399

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 13, 2003

Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions

_______________________________________________________________________

AN ACT

To amend the Public Health Service Act to promote organ donation.

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 ``Organ Donation Improvement Act of
2003''.

SEC. 2. SENSE OF CONGRESS.

(a) Public Awareness of Need for Organ Donation.--It is the sense
of the Congress that the Federal Government should carry out programs
to educate the public with respect to organ donation, including the
need to provide for an adequate rate of such donations.
(b) Family Discussions of Organ Donations.--The Congress recognizes
the importance of families pledging to each other to share their lives
as organ and tissue donors and acknowledges the importance of
discussing organ and tissue donation as a family.
(c) Living Donations of Organs.--The Congress--
(1) recognizes the generous contribution made by each
living individual who has donated an organ to save a life; and
(2) acknowledges the advances in medical technology that
have enabled organ transplantation with organs donated by
living individuals to become a viable treatment option for an
increasing number of patients.

SEC. 3. PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED TOWARD
LIVING ORGAN DONATION.

Section 377 of the Public Health Service Act (42 U.S.C. 274f) is
amended to read as follows:

``payment of travel and subsistence expenses incurred toward living
organ donation

``Sec. 377. (a) In General.--The Secretary may make awards of
grants or contracts to States, transplant centers, qualified organ
procurement organizations under section 371, or other public or private
entities for the purpose of--
``(1) providing for the payment of travel and subsistence
expenses incurred by individuals toward making living donations
of their organs (in this section referred as `donating
individuals'); and
``(2) in addition, providing for the payment of such
incidental nonmedical expenses that are so incurred as the
Secretary determines by regulation to be appropriate.
``(b) Eligibility.--
``(1) In general.--Payments under subsection (a) may be
made for the qualifying expenses of a donating individual only
if--
``(A) the State in which the donating individual
resides is a different State than the State in which
the intended recipient of the organ resides; and
``(B) the annual income of the intended recipient
of the organ does not exceed $35,000 (as adjusted for
fiscal year 2004 and subsequent fiscal years to offset
the effects of inflation occurring after the beginning
of fiscal year 2003).
``(2) Certain circumstances.--Subject to paragraph (1), the
Secretary may in carrying out subsection (a) provide as
follows:
``(A) The Secretary may consider the term `donating
individuals' as including individuals who in good faith
incur qualifying expenses toward the intended donation
of an organ but with respect to whom, for such reasons
as the Secretary determines to be appropriate, no
donation of the organ occurs.
``(B) The Secretary may consider the term
`qualifying expenses' as including the expenses of
having one or more family members of donating
individuals accompany the donating individuals for
purposes of subsection (a) (subject to making payment
for only such types of expenses as are paid for
donating individuals).
``(c) Limitation on Amount of Payment.--
``(1) In general.--With respect to the geographic area to
which a donating individual travels for purposes of subsection
(a), if such area is other than the covered vicinity for the
intended recipient of the organ, the amount of qualifying
expenses for which payments under such subsection are made may
not exceed the amount of such expenses for which payment would
have been made if such area had been the covered vicinity for
the intended recipient, taking into account the costs of travel
and regional differences in the costs of living.
``(2) Covered vicinity.--For purposes of this section, the
term `covered vicinity', with respect to an intended recipient
of an organ from a donating individual, means the vicinity of
the nearest transplant center to the residence of the intended
recipient that regularly performs transplants of that type of
organ.
``(d) Relationship to Payments Under Other Programs.--An award may
be made under subsection (a) only if the applicant involved agrees that
the award will not be expended to pay the qualifying expenses of a
donating individual to the extent that payment has been made, or can
reasonably be expected to be made, with respect to such expenses--
``(1) under any State compensation program, under an
insurance policy, or under any Federal or State health benefits
program; or
``(2) by an entity that provides health services on a
prepaid basis.
``(e) Definitions.--For purposes of this section:
``(1) The term `covered vicinity' has the meaning given
such term in subsection (c)(2).
``(2) The term `donating individuals' has the meaning
indicated for such term in subsection (a)(1), subject to
subsection (b)(2)(A).
``(3) The term `qualifying expenses' means the expenses
authorized for purposes of subsection (a), subject to
subsection (b)(2)(B).
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 2004 through 2008.''.

SEC. 4. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS.

Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 377 the following
section:

``public awareness; studies and demonstrations

``Sec. 377A. (a) Public Awareness.--The Secretary shall (directly
or through grants or contracts) carry out a program to educate the
public with respect to organ donation, including the need to provide
for an adequate rate of such donations.
``(b) Studies and Demonstrations.--The Secretary may make grants to
public and nonprofit private entities for the purpose of carrying out
studies and demonstration projects with respect to providing for an
adequate rate of organ donation.
``(c) Grants to States.--The Secretary may make grants to States
for the purpose of assisting States in carrying out organ donor
awareness, public education and outreach activities and programs
designed to increase the number of organ donors within the State,
including living donors. To be eligible, each State shall--
``(1) submit an application to the Department in the form
prescribed;
``(2) establish yearly benchmarks for improvement in organ
donation rates in the State;
``(3) develop, enhance, or expand a State donor registry,
which shall be available to hospitals, organ procurement
organizations, tissue banks, eye banks, and other States upon a
search request; and
``(4) report to the Secretary on an annual basis a
description and assessment of the State's use of these grant
funds, accompanied by an assessment of initiatives for
potential replication in other States.
Funds may be used by the State or in partnership with other public
agencies or private sector institutions for education and awareness
efforts, information dissemination, activities pertaining to the State
donor registry, and other innovative donation specific initiatives,
including living donation.
``(d) Annual Report to Congress.--The Secretary shall annually
submit to the Congress a report on the activities carried out under
this section, including provisions describing the extent to which the
activities have affected the rate of organ donation.
``(e) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated $15,000,000
for fiscal year 2004, and such sums as may be necessary for
each of the fiscal years 2005 through 2008. Such authorization
of appropriations is in addition to any other authorizations of
appropriations that are available for such purpose.
``(2) Studies and demonstrations.--Of the amounts
appropriated under paragraph (1) for a fiscal year, the
Secretary may not obligate more than $2,000,000 for carrying
out subsection (b).''.

SEC. 5. EFFECTIVE DATE.

The amendments made by this Act take effect on the date of the
enactment of this Act.

Passed the House of Representatives March 12, 2003.

Attest:

JEFF TRANDAHL,

Clerk.