S. 330Senate113th Congress (2013-2015)Enacted

HIV Organ Policy Equity Act

Introduced February 14, 2013

Legislative Activity

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20 earlier actions
Became Law Latest Action

Became Public Law No: 113-51.

November 21, 2013

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SenateIntro Referral

Introduced in Senate

February 14, 2013

SenateIntro Referral

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

February 14, 2013

SenateCommittee

Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.

March 20, 2013

SenateCommittee

Committee on Health, Education, Labor, and Pensions. Reported by Senator Harkin with an amendment in the nature of a substitute. Without written report.

May 21, 2013

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 75.

May 21, 2013

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S4533-4534; text of measure as reported in Senate: CR S4533-4534)

June 17, 2013

SenateFloor

The committee substitute as amended agreed to by Unanimous Consent.

June 17, 2013

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (text: CR S4534)

June 17, 2013

SenateFloor

Message on Senate action sent to the House.

June 18, 2013

HouseFloor

Received in the House.

June 18, 2013 • 12:34 PM

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

June 18, 2013

HouseCommittee

Referred to the Subcommittee on Health.

June 21, 2013

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

July 15, 2013

HouseFloor

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

November 12, 2013 • 5:22 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H6967-6971)

November 12, 2013 • 5:22 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 330.

November 12, 2013 • 5:22 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H6968)

November 12, 2013 • 5:40 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H6968)

November 12, 2013 • 5:40 PM

President

Presented to President.

November 14, 2013

Became Law

Signed by President.

November 21, 2013

Became Law

Became Public Law No: 113-51.

November 21, 2013

Floor Debate

9 members

What members said about S. 330 on the floor

4 Republicans4 Democrats1 Independent
Lois Capps
Rep. Lois CappsD-CA-24 · Nov 12, 2013

Mr. Speaker, I yield myself such time as I may consume. I rise in strong support of the HIV Organ Policy Equity Act, commonly known as the ``HOPE Act.'' The HOPE Act is a critical step towards…

Joseph R. Pitts
Rep. Joseph R. PittsR-PA-16 · Nov 12, 2013

Mr. Speaker, I yield myself such time as I may consume. I stand in support of another bipartisan bill this evening. The HIV Organ Policy Equity Act, or the HOPE Act, would lift a ban dating back to…

Fred Upton
Rep. Fred UptonR-MI-6 · Nov 12, 2013

Mr. Speaker, I move to suspend the rules and pass the bill (S. 330) to amend the Public Health Service Act to establish safeguards and standards of quality for research and transplantation of organs…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-33 · Nov 12, 2013

Mr. Speaker, I rise in support of S. 330, the HIV Organ Policy Equity Act or HOPE Act. And I urge my colleagues to join me in voting for passage of S. 330 today, which will send this bill on to the…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Nov 12, 2013

I thank the chairman for yielding. Mr. Speaker, this bill before us tonight is a commonsense policy that will remove some barriers in the law and ensure that patients who are suffering from…

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Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · Nov 12, 2013

I thank my good friend from California, and I thank all of the bipartisan leaders of this bill, especially Mrs. Capps, who has made health care a signature issue for herself ever since coming to the…

Andy Harris
Rep. Andy HarrisR-MD-1 · Nov 12, 2013

I want to thank the chairman of the subcommittee for yielding time. Mr. Speaker, the HOPE Act is exactly the kind of bipartisan legislation that will improve lives and have a positive impact on our…

Tom Harkin
Sen. Tom HarkinD-IA · Mar 18, 2013

Mr. President, I wish to announce that the Committee on Health, Education, Labor, and Pensions will meet in open session on Tuesday, March 19, 2013, at 2:30 p.m. in room 430 of the Dirksen Senate…

Angus S. King Jr.
Sen. Angus S. King Jr.I-ME · Jun 17, 2013

Madam President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 75, S. 330. I further ask that the committee-reported substitute be considered; the…

Bill Text

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Enrolled BillPublication date not provided

One Hundred Thirteenth Congress of the United States of America

1st Session

Begun and held at the City of Washington on Thursday, the third day of January, two thousand and thirteen

S. 330

AN ACT

To amend the Public Health Service Act to establish safeguards and standards of quality for research and transplantation of organs infected with human immunodeficiency virus (HIV).

1.

Short title

This Act may be cited as the HIV Organ Policy Equity Act.

2.

Amendments to the Public Health Service Act

(a)

Standards of quality for the acquisition and transportation of donated organs

(1)

Organ Procurement and Transplantation 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 , including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome; 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 (in this paragraph referred to as HIV), provided that any such standards ensure that organs infected with HIV may be transplanted only into individuals who—

(A)

are infected with HIV before receiving such organ; and

(B)
(i)

are participating in clinical research approved by an institutional review board under the criteria, standards, and regulations described in subsections (a) and (b) of section 377E; or

(ii)

if the Secretary has determined under section 377E(c) that participation in such clinical research, as a requirement for such transplants, is no longer warranted, are receiving a transplant under the standards and regulations under section 377E(c).

.

(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 organizations) is amended by striking including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome and inserting including arranging for testing with respect to identifying organs that are infected with human immunodeficiency virus (HIV).

(3)

Technical amendments

Section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)) is amended by—

(A)

striking subparagraph (E);

(B)

redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively;

(C)

striking (H) has a director and inserting (G) has a director; and

(D)

in subparagraph (H)—

(i)

in clause (i) (V), by striking paragraph (2)(G) and inserting paragraph (3)(G); and

(ii)

in clause (ii), by striking paragraph (2) and inserting paragraph (3).

(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:

377E.

Criteria, standards, and regulations with respect to organs infected with HIV

(a)

In general

Not later than 2 years after the date of the enactment of the HIV Organ Policy Equity Act, the Secretary shall develop and publish criteria for the conduct of research relating to transplantation of organs from donors infected with human immunodeficiency virus (in this section referred to as HIV) into individuals who are infected with HIV before receiving such organ.

(b)

Corresponding changes to standards and regulations applicable to research

Not later than 2 years 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 in accordance with the criteria developed under subsection (a)—

(1)

the Organ Procurement and Transplantation 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 successor regulations).

(c)

Revision of standards and regulations generally

Not later than 4 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 Transplantation 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 transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV;

(2)

if the Secretary determines under paragraph (1) that such 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 transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV, direct the Organ Procurement and Transplantation Network to revise such standards, consistent with section 372 and in a way that ensures the changes will not reduce the safety of organ transplantation; and

(3)

in conjunction with any revision of such standards under paragraph (2), revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations).

.

3.

Conforming amendment to title 18 of the United States Code

Section 1122(a) of title 18, United States Code, is amended by inserting or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act after research or testing.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate