§ 273. Organ procurement organizations

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. The semicolon probably should be a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1944

   Pub. L. 98–507 title II § 201 · 98 Stat. 2339

   Enacted · 42 U.S.C. § 273

   July 1, 1944, ch. 373, title III, § 371, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2342

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title III, § 371, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2342

   Enacted provision · exact public law section
   Sec. 201. Part H of title III of the Public Health Service Act is amended to read as follows: “Part H— Organ Transplants “Sec. 371. “assistance for organ procurement organizations (a) (1) The Secretary may make grants for the planning of qualified organ procurement organizations described in subsection (b). “(2) The Secretary may make grants for the establishment, initial operation, and expansion of qualified organ procurement organizations described in subsection (b). “(3) Ln making grants under paragraphs (1) and (2), the Secretary shall— “(A) take into consideration any recommendations made by the Task Force on Organ Transplantation established under Ante, p. 2339. section 101 of the National Organ Transplant Act, and “(B) give special consideration to applications which cover geographical areas which are not adequately served by organ procurement organizations. “(b) (1) A qualified organ procurement organization for which grants may be made under subsection (a) is an organization which, as determined by the Secretary, will carry out the functions described in paragraph (2) and— “(A) is a nonprofit entity, “(B) has accounting and other fiscal procedures (as specified by the Secretary) necessary to assure the fiscal stability of the organization, “(C) has an agreement with the Secretary to be reimbursed under title XVIII of the Social Security Act for the procurement 42 USC 1395. of kidneys, “(D) has procedures to obtain payment for non-renal organs provided to transplant centers, “(E) has a defined service area which is a geographical area of sufficient size which (unless the service area comprises an entire State) will include at least fifty potential organ donors each year and which either includes an entire standard metropolitan statistical area (as specified by the Office of Management and Budget) or does not include any part of such an area, “(F) has a director and such other staff, including the organ donation coordinators and organ procurement specialists necessary to effectively obtain organs from donors in its service area, and “(G) has a board of directors or an advisory board which— “(i) is composed of— “(I) members who represent hospital administrators, intensive care or emergency room personnel, tissue banks, and voluntary health associations in its service area, “(II) members who represent the public residing in such area, “(III) a physician with knowledge, experience, or skill in the field of histocompatability, “(IV) a physician with knowledge or skill in the field of neurology, and “(V) from each transplant center in its service area which has arrangements described in paragraph (2)(G) with the organization, a member who is a surgeon who has practicing privileges in such center and who performs organ transplant surgery, “(ii) has the authority to recommend policies for the procurement of organs and the other functions described in paragraph (2), and “(iii) has no authority over any other activity of the organization. “(2) An organ procurement organization shall— “(A) have effective agreements, to identify potential organ donors, with a substantial majority of the hospitals and other health care entities in its service area which have facilities for organ donations, “(B) conduct and participate in systematic efforts, including professional education, to acquire all useable organs from potential donors, “(C) arrange for the acquisition and preservation of donated organs and provide quality standards for the acquisition of organs which are consistent with the standards adopted by the Organ Procurement and Transplantation Network under section 372(b)(2)(D), “(D) arrange for the appropriate tissue typing of donated organs, “(E) have a system to allocate donated organs among transplant centers and patients according to established medical criteria, “(F) provide or arrange for the transportation of donated organs to transplant centers, “(G) have arrangements to coordinate its activities with transplant centers in its service area, “(H) participate in the Organ Procurement Transplantation Network established under section 372, “(I) have arrangements to cooperate with tissue banks for the retrieval, processing, preservation, storage, and distribution of tissues as may be appropriate to assure that all useable tissues are obtained from potential donors, and “(J) evaluate annually the effectiveness of the organization in acquiring potentially available organs. “(c) For grants under subsection (a) there are authorized to be appropriated $5,000,000 for fiscal year 1985, $8,000,000 for fiscal year 1986, and $12,000,000 for fiscal year 1987. “Sec. 372. “organ procurement and transplantation network (a) The Secretary shall by contract provide for the establishment and operation of an Organ Procurement and Transplantation Network which meets the requirements of subsection (b). The amount provided under such contract in any fiscal year may not exceed $2,000,000. Funds for such contracts shall be made available from funds available to the Public Health Service from appropriations for fiscal years banning after fiscal year 1984. “(b) (1) The Organ Procurement and Transplantation Network shall carry out the functions described in paragraph (2) and shall— “(A) be a private nonprofit entity which is not engaged in any activity unrelated to organ procurement, and “(B) nave a board of directors which includes representatives of organ procurement organizations (including organizations which have received grants under section 371), transplant centers, voluntary health associations, and the general public. “(2) The Organ Procurement and Transplantation Network shall— “(A) establish in one location or through regional centers— “(i) a national list of individuals who need organs, and “(ii) a national system, through the use of computers and in accordance with established medical criteria, to match organs and individuals included in the list, especially individuals whose immune system makes it difficult for them to receive organs, “(B) maintain a twenty-four-hour telephone service to facilitate matching organs with individuals included in the list, “(C) assist organ procurement organizations in the distribution of organs which cannot be placed within the service areas of the organizations, “(D) adopt and use standards of quality for the acquisition and transportation of donated organs, “(E) prepare and distribute, on a regionalized basis, samples of blood sera from individuals who are included on the list and whose immune system makes it difficult for them to receive organs, in order to facilitate matching the compatability of such individuals with organ donors. “(F) coordinate, as appropriate, the transportation of organs from organ procurement organizations to transplant centers, “(G) provide information to physicians and other health professionals regarding organ donation, and “(H) collect, analyze, and publish data concerning organ donation and transplante. “Sec. 373. “scientific registry The Secretary shall, by grant or contract, develop and 42 USC 274a. maintain a scientific registry of the recipients of organ transplants. The registry shall include such information respecting patiente and transplant procedures as the Secretary deems necessary to an ongoing evaluation of the scientific and clinical status of organ transplantation. The Secretary shall prepare for inclusion in the report under section 376 an analysis of information derived from the registry. “Sec. 374. “general provisions respecting grants and contracts (a) No grant may be made under section 371 or 373 or Grants. 42 USC 274b. contract entered into under section 372 or 373 unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be in such form and shall be submitted in such manner as the Secretary shall by regulation prescribe. “(b) (1) In considering applications for grants under section 371— “(A) the Secretary shall give priority to any applicant which has a formal agreement of cooperation with all transplant centers in its proposed service area, “(B) the Secretary shall give special consideration to organizations which met the requirements of section 371(b) before the date of the enactment of this section, and “(C) the Secretary shall not discriminate against an applicant solely because it provides health care services other than those related to organ procurement. The Secretary may not make a grant for more than one organ Prohibition. procurement organization which serve the same service area. “(2) A grant for planning under section 371 may be made for one year with respect to any organ procurement organization and may not exceed $100,000. “(3) Grants under section 371 for the establishment, initial operation, or expansion of organ procurement organizations may be made for two years. No such grant may exceed $500,000 for any year and no organ procurement organization may receive more than $800,000 for initial operation or expansion. “(c) (1) The Secretary shall determine the amount of a grant made under section 371 or 373. Payments under such grants may be made in advance on the basis of estimates or by the way of reimbursement, with necessary adjustments on account of underpayments or overpayments, and in such installments and on such terms and conditions as the Secretary finds necessary to carry out the purposes of such grants. “(2) (A) Each recipient of a grant under section 371 or 373 shall Records. keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the undertaking in connection with which such grant was made, and the amount of that portion of the cost of the undertaking supplied by other sources, and such other records as will facilitate an effective audit. “(B) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of a grant under section 371 or 373 that are pertinent to such grant. “(d) For purposes of this part: “(1) The term ‘transplant center’ means a health care facility in which transplants of organs are performed. “(2) The term ‘organ’ means the human kidney, liver, heart, lung, pancreas, and any other human organ (other than corneas and eyes) specified by the Secretary by regulation and for purposes of section 373, such term includes bone marrow. “Sec. 375. “administration The Secretary shall, during fiscal years 1985, 1986, 1987, and 1988, designate and maintain an identifiable administrative unit in the Public Health Service to— “(1) administer this part and coordinate with the organ procurement 42 USC 1395. Public information. activities under title XVIII of the Social Security Act, “(2) conduct a program of public information to inform the public of the need for organ donations, “(3) provide technical assistance to organ procurement organizations receiving funds under section 371, the Organ Procurement and Transplantation Network established under section 372, and other entities in the health care system involved in organ donations, procurement, and transplants, and “(4) one year after the date on which the Task Force on Organ Transplantation transmits its final report under section 104(c) of the National Organ Transplant Act, and annually thereafter through fiscal year 1988, submit to Congress an annual report on the status of organ donation and coordination services and include in the report an analysis of the efficiency and effectiveness of the procurement and allocation of organs and a description of problems encountered in the procurement and allocation of organs. “Sec. 376. “report The Secretary shall annually publish a report on the scientific and clinical status of organ transplantation. The Secretary shall consult with the Director of the National Institutes of Health and the Commissioner of the Food and Drug Administration in the preparation of the report.”.

2. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 402(a)(1) · 102 Stat. 3048

   Inserted · 42 U.S.C. § 273(a)(2)

   Pub. L. 100–607, § 402(a)(1), inserted “consolidation,” after “initial operation,”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–607, § 402(a)(1), inserted “consolidation,” after “initial operation,”.

   Enacted provision · exact public law section
   (1) in paragraph (2), by inserting “consolidation,” after “operation,”;

3. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 402(a)(2) · 102 Stat. 3048

   Redesignated · 42 U.S.C. § 273(a)(3)

   Pub. L. 100–607, § 402(a)(2), added par. (3). Former par. (3) redesignated (4)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 100–607, § 402(a)(2), added par. (3). Former par. (3) redesignated (4).

   Enacted provision · exact public law section
   (2) by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph: “(3) The Secretary may make grants for special projects designed to increase the number of organ donors.”; and

4. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 402(a)(2) · 102 Stat. 3048

   Redesignated · 42 U.S.C. § 273(a)(4)

   Pub. L. 100–607, § 402(a)(2), redesignated former par. (3) as (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 100–607, § 402(a)(2), redesignated former par. (3) as (4).

   Enacted provision · exact public law section
   (2) by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph: “(3) The Secretary may make grants for special projects designed to increase the number of organ donors.”; and

5. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 402(a)(3) · 102 Stat. 3048

   Added · 42 U.S.C. § 273(a)(4)(C)

   Pub. L. 100–607, § 402(a)(3), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(4)(C). Pub. L. 100–607, § 402(a)(3), added subpar. (C).

   Enacted provision · exact public law section
   (3) in paragraph (4) (as redesignated in paragraph (2) of this subsection)— (A) by striking “and” at the end of subparagraph (A); (B) by striking the period at the end and inserting “, and”; and (C) by adding at the end the following new subparagraph: “(C) with respect to carrying out paragraph (3), give special consideration to proposals from existing organ procurement organizations.”.

6. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 402(c)(1)(A) · 102 Stat. 3048

   1. Substituted · 42 U.S.C. § 273(b)(1)(E)

      Pub. L. 100–607, § 402(c)(1)(A), substituted “size such that” for “size which”

   2. Substituted · 42 U.S.C. § 273(b)(1)(E)

      Pub. L. 100–607, § 402(c)(1)(A), substituted “the organization can reasonably expect to procure organs from not less than 50 donors each year” for “will include at least fifty potential organ donors each year”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(E). Pub. L. 100–607, § 402(c)(1)(A), substituted “size such that” for “size which”, and “the organization can reasonably expect to procure organs from not less than 50 donors each year” for “will include at least fifty potential organ donors each year”.

   Enacted provision · exact public law section
   (A) in paragraph (1)(E)— (i) by striking “size which” and inserting “size such that”; and (ii) by striking “will include” and all that follows through “year” and inserting the following: “the organization can reasonably expect to procure organs from not less than 50 donors each year”;

7. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 402(c)(2) · 102 Stat. 3048

   1. Amended · 42 U.S.C. § 273(b)(1)(G)(i)(III)

      Pub. L. 100–607, § 402(c)(2), as amended by Pub. L. 101–616, § 201(e)

   2. Inserted · 42 U.S.C. § 273(b)(1)(G)(i)(III)

      Pub. L. 100–607, § 402(c)(2), as inserted “or an individual with a doctorate degree in a biological science with knowledge, experience, or skill in the field of histocompatibility” before comma at end

   Source evidence

   Code amendment note
   Subsec. (b)(1)(G)(i)(III). Pub. L. 100–607, § 402(c)(2), as amended by Pub. L. 101–616, § 201(e), inserted “or an individual with a doctorate degree in a biological science with knowledge, experience, or skill in the field of histocompatibility” before comma at end.

   Enacted provision · exact public law section
   (2) Section 371(b)(1)(G)(i)(III) is amended by inserting before the comma the following: “or an individual with a doctorate degree in a biological science with knowledge, experience, or skill in the field of histocompatibility”.

8. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 402(c)(1)(B) · 102 Stat. 3048

   Substituted · 42 U.S.C. § 273(b)(2)(C)

   Pub. L. 100–607, § 402(c)(1)(B), substituted “274(b)(2)(E) of this title, including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome,” for “274(b)(2)(D) of this title,”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C). Pub. L. 100–607, § 402(c)(1)(B), substituted “274(b)(2)(E) of this title, including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome,” for “274(b)(2)(D) of this title,”.

   Enacted provision · exact public law section
   (B) in paragraph (2)(C), by striking “372(b)(2)(D),” and inserting the following: “372(b)(2)(E), including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome,”:

9. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 402(c)(1)(C) · 102 Stat. 3048

   Substituted · 42 U.S.C. § 273(b)(2)(E)

   Pub. L. 100–607, § 402(c)(1)(C), substituted “organs equitably among transplant patients” for “organs among transplant centers and patients”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(E). Pub. L. 100–607, § 402(c)(1)(C), substituted “organs equitably among transplant patients” for “organs among transplant centers and patients”.

   Enacted provision · exact public law section
   (C) in paragraph (2)(E)— (i) by inserting “equitably” after “organs”; and (ii) by striking “centers and”; and

10. 1988

    Organ Trans-plant Amendments Act of 1988

    Pub. L. 100–607 § 402(c)(1)(D) · 102 Stat. 3048

    Added · 42 U.S.C. § 273(b)(2)(K)

    Pub. L. 100–607, § 402(c)(1)(D), added subpar. (K)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(K). Pub. L. 100–607, § 402(c)(1)(D), added subpar. (K).

    Enacted provision · exact public law section
    (D) in paragraph (2)— (i) by striking “and” at the end of subparagraph (I); (ii) by striking the period at the end and inserting “, and”; and (iii) by adding at the end the following new subparagraph: “(K) assist hospitals in establishing and implementing protocols for making routine inquiries about organ donations by potential donors.”.

11. 1988

    Organ Trans-plant Amendments Act of 1988

    Pub. L. 100–607 § 402(d) · 102 Stat. 3048

    Amended · 42 U.S.C. § 273(c)

    Pub. L. 100–607, § 402(d), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For grants under subsection (a) of this section there are authorized to be appropriated $5,000,000 for fiscal year 1985, $8,000,000 for fiscal year 1986, and $12,000,000 for fiscal year 1987.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–607, § 402(d), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For grants under subsection (a) of this section there are authorized to be appropriated $5,000,000 for fiscal year 1985, $8,000,000 for fiscal year 1986, and $12,000,000 for fiscal year 1987.”

    Enacted provision · exact public law section
    (d) Authorizations of Appropriations.— Section 371(c) (42 U.S.C. 273(c)) is amended to read as follows: “(c) For grants under subsection (a), there is authorized to be appropriated $5,000,000 for each of the fiscal years 1988 through 1990.”

12. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 201(a) · 104 Stat. 3279

    Substituted · 42 U.S.C. § 273

    Pub. L. 101–616, § 201(a), substituted “Organ procurement organizations” for “Assistance for organ procurement organizations” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 101–616, § 201(a), substituted “Organ procurement organizations” for “Assistance for organ procurement organizations” in section catchline.

    Enacted provision · exact public law section
    (a) Section Heading.— Section 371 of the Public Health Service Act (42 U.S.C. 273) is amended in the section heading by striking “assistance for”.

    Effective date note
    Pub. L. 101–616, title II, § 207, Nov. 16, 1990, 104 Stat. 3286, provided that: “Except as otherwise provided in this title, the amendments made by this title [enacting sections 274f and 274g of this title, amending this section and sections 274 and 274b to 274d of this title, and repealing provisions set out as a note below] shall become effective on October 1, 1990, or on the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

13. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 201(b)(1) · 104 Stat. 3279

    Substituted · 42 U.S.C. § 273(a)(3)

    Pub. L. 101–616, § 201(b)(1), substituted “may make grants to, and enter into contracts with, qualified organ procurement organizations described in subsection (b) of this section and other nonprofit private entities for the purpose of carrying out special projects” for “may make grants for special projects”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–616, § 201(b)(1), substituted “may make grants to, and enter into contracts with, qualified organ procurement organizations described in subsection (b) of this section and other nonprofit private entities for the purpose of carrying out special projects” for “may make grants for special projects”.

    Enacted provision · exact public law section
    (1) Special projects— Section 371(a)(3) of the Act (42 U.S.C. 273(a)(3)) is amended by striking “may make grants for special projects” and inserting the following: “may make grants to, and enter into contracts with, qualified organ procurement organizations described in subsection (b) and other nonprofit private entities for the purpose of carrying out special projects”.

    Effective date note
    Pub. L. 101–616, title II, § 207, Nov. 16, 1990, 104 Stat. 3286, provided that: “Except as otherwise provided in this title, the amendments made by this title [enacting sections 274f and 274g of this title, amending this section and sections 274 and 274b to 274d of this title, and repealing provisions set out as a note below] shall become effective on October 1, 1990, or on the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

14. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 201(b)(2) · 104 Stat. 3279

    Struck · 42 U.S.C. § 273(a)(4)

    Pub. L. 101–616, § 201(b)(2), struck out par. (4) which set forth factors to consider in making grants

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 101–616, § 201(b)(2), struck out par. (4) which set forth factors to consider in making grants.

    Enacted provision · exact public law section
    (2) Considerations in making certain grants.— Section 371(a) of the Act (42 U.S.C. 273(a)) is amended by striking paragraph (4).

    Effective date note
    Pub. L. 101–616, title II, § 207, Nov. 16, 1990, 104 Stat. 3286, provided that: “Except as otherwise provided in this title, the amendments made by this title [enacting sections 274f and 274g of this title, amending this section and sections 274 and 274b to 274d of this title, and repealing provisions set out as a note below] shall become effective on October 1, 1990, or on the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

15. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 201(c)(1) · 104 Stat. 3279

    Amended · 42 U.S.C. § 273(b)(1)(E)

    Pub. L. 101–616, § 201(c)(1), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “has a defined service area which is a geographical area of sufficient size such that (unless the service area comprises an entire State) the organization can reasonably expect to procure organs from not less than 50 donors each year and which either includes an entire standard metropolitan statistical area (as specified by the Office of Management and Budget) or does not include any part of such an area,”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E). Pub. L. 101–616, § 201(c)(1), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “has a defined service area which is a geographical area of sufficient size such that (unless the service area comprises an entire State) the organization can reasonably expect to procure organs from not less than 50 donors each year and which either includes an entire standard metropolitan statistical area (as specified by the Office of Management and Budget) or does not include any part of such an area,”.

    Enacted provision · exact public law section
    (1) In general.— Subparagraph (E) of section 371(b)(l) of the Act (42 U.S.C. 273(b)(1)(E)) is amended to read as follows: “(E) has a defined service area that is of sufficient size to assure maximum effectiveness in the procurement and equitable distribution of organs, and that either includes an entire metropolitan statistical area (as specified by the Director of the Office of Management and Budget) or does not include any part of the area,”.

    Effective date note
    Pub. L. 101–616, title II, § 207, Nov. 16, 1990, 104 Stat. 3286, provided that: “Except as otherwise provided in this title, the amendments made by this title [enacting sections 274f and 274g of this title, amending this section and sections 274 and 274b to 274d of this title, and repealing provisions set out as a note below] shall become effective on October 1, 1990, or on the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

16. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 201(e) · 104 Stat. 3279

    Changed · 42 U.S.C. § 273(b)(1)(G)(i)(III)

    Pub. L. 101–616, § 201(e), made technical correction to Pub. L. 100–607, § 402(c)(2). See 1988 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(1)(G)(i)(III). Pub. L. 101–616, § 201(e), made technical correction to Pub. L. 100–607, § 402(c)(2). See 1988 Amendment note below.

    Enacted provision · exact public law section
    (e) Technical Correction Regarding Public Law 100–607.— Section 402(c)(2) of the Health Omnibus Programs Extension of 1988 (Public Law 100–607; 102 Stat. 3115) is amended by inserting “at the 42 USC 273. end” after “the comma”.

    Effective date note
    Pub. L. 101–616, title II, § 207, Nov. 16, 1990, 104 Stat. 3286, provided that: “Except as otherwise provided in this title, the amendments made by this title [enacting sections 274f and 274g of this title, amending this section and sections 274 and 274b to 274d of this title, and repealing provisions set out as a note below] shall become effective on October 1, 1990, or on the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

17. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 201(d) · 104 Stat. 3279

    1. Added · 42 U.S.C. § 273(b)(2); 42 U.S.C. § 273(b)(3)

       Pub. L. 101–616, § 201(d), added par. (2)

    2. Redesignated · 42 U.S.C. § 273(b)(2); 42 U.S.C. § 273(b)(3)

       Pub. L. 101–616, § 201(d), redesignated former par. (2) as (3)

    Source evidence

    Code amendment note
    Subsec. (b)(2), (3). Pub. L. 101–616, § 201(d), added par. (2) and redesignated former par. (2) as (3).

    Enacted provision · exact public law section
    (d) Effectiveness Regarding Number of Organs Procured.— Section 371(b) of the Public Health Service Act (42 U.S.C. 273(b)) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: “(2) (A) Not later than 90 days after the date of the enactment of Federal Register, publication. this paragraph, the Secretary shall publish in the Federal Register a notice of proposed rulemaking to establish criteria for determining whether an entity meets the requirement established in paragraph (1)(E). “(B) Not later than 1 year after the date of enactment of this paragraph, the Secretary shall publish in the Federal Register a final rule to establish the criteria described in subparagraph (A).”.

    Effective date note
    Pub. L. 101–616, title II, § 207, Nov. 16, 1990, 104 Stat. 3286, provided that: “Except as otherwise provided in this title, the amendments made by this title [enacting sections 274f and 274g of this title, amending this section and sections 274 and 274b to 274d of this title, and repealing provisions set out as a note below] shall become effective on October 1, 1990, or on the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

18. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 206(b) · 104 Stat. 3279

    Struck · 42 U.S.C. § 273(c)

    Pub. L. 101–616, § 206(b), struck out subsec. (c) which authorized appropriations for subsec. (a) grants for fiscal years 1988 through 1990

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–616, § 206(b), struck out subsec. (c) which authorized appropriations for subsec. (a) grants for fiscal years 1988 through 1990.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 371 of the Public Health Service Act (42 U.S.C. 273) is amended by striking subsection (c).

    Effective date note
    Pub. L. 101–616, title II, § 207, Nov. 16, 1990, 104 Stat. 3286, provided that: “Except as otherwise provided in this title, the amendments made by this title [enacting sections 274f and 274g of this title, amending this section and sections 274 and 274b to 274d of this title, and repealing provisions set out as a note below] shall become effective on October 1, 1990, or on the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

19. 2000

    Pub. L. 106–505 title VII § 701(c) · 114 Stat. 2314

    1. Added · 42 U.S.C. § 273(b)(1)(D)(H)

       Pub. L. 106–505 added subpar. (D)

    2. Redesignated · 42 U.S.C. § 273(b)(1)(D)(H)

       Pub. L. 106–505 redesignated former subpars. (D) to (G), respectively, as (E) to (G) and (H) relating to board of directors or advisory board, and realigned margin of subpar. (F)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–505 added subpar. (D), redesignated former subpars. (D) to (G), respectively, as (E) to (G) and (H) relating to board of directors or advisory board, and realigned margin of subpar. (F).

    Enacted provision · exact public law section
    (c) Certification and Recertification of Organ Procurement Organizations.— Section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)) is amended— (1) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively; (2) by realigning the margin of subparagraph (F) (as so redesignated) so as to align with subparagraph (E) (as so redesignated); and (3) by inserting after subparagraph (C) the following: “(D) notwithstanding any other provision of law, has met the other requirements of this section and has been certified or recertified by the Secretary within the previous 4-year period as meeting the performance standards to be a qualified organ procurement organization through a process that either— “(i) granted certification or recertification within such 4-year period with such certification or recertification in effect as of January 1, 2000, and remaining in effect through the earlier of— “(I) January 1, 2002; or “(II) the completion of recertification under the requirements of clause (ii); or “(ii) is defined through regulations that are promulgated Deadline. by the Secretary by not later than January 1, 2002, that— “(I) require recertifications of qualified organ procurement organizations not more frequently than once every 4 years; “(II) rely on outcome and process performance measures that are based on empirical evidence, obtained through reasonable efforts, of organ donor potential and other related factors in each service area of qualified organ procurement organizations; “(III) use multiple outcome measures as part of the certification process; and “(IV) provide for a qualified organ procurement organization to appeal a decertification to the Secretary on substantive and procedural grounds;”.

20. 2000

    Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(1)(tII)(s219)(b) · 114 Stat. 2763

    1. Added · 42 U.S.C. § 273(b)(1)(D)(H)

       Pub. L. 106–554 added subpar. (D) identical to that added by Pub. L. 106–505

    2. Redesignated · 42 U.S.C. § 273(b)(1)(D)(H)

       Pub. L. 106–554 redesignated former subpars. (D) to (G), respectively, as (E) to (G) and (H) relating to director and such other staff obtaining organs from donors in its service area. Additional amendment directing realignment of margin of subpar. (F) could not be executed after amendment by Pub. L. 106–505

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D) to (H). Pub. L. 106–554 added subpar. (D) identical to that added by Pub. L. 106–505 and redesignated former subpars. (D) to (G), respectively, as (E) to (G) and (H) relating to director and such other staff obtaining organs from donors in its service area. Additional amendment directing realignment of margin of subpar. (F) could not be executed after amendment by Pub. L. 106–505.

    Enacted provision · exact public law section
    (1) H.R. 5656, as introduced on December 14, 2000.

21. 2004

    Organ Donation and Recovery Improvement Act

    Pub. L. 108–216 § 9 · 118 Stat. 584

    Struck · 42 U.S.C. § 273(a)(3)

    Pub. L. 108–216 struck out par. (3) which read as follows: “The Secretary may make grants to, and enter into contracts with, qualified organ procurement 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.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 108–216 struck out par. (3) which read as follows: “The Secretary may make grants to, and enter into contracts with, qualified organ procurement 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.”

    Enacted provision · exact public law section
    SEC. 9. QUALIFIED ORGAN PROCUREMENT ORGANIZATIONS.   Section 371(a) of the Public Health Service Act (42 U.S.C. 273(a)) is amended by striking paragraph (3).

22. 2004

    Pancreatic Islet Cell Transplantation Act of 2004

    Pub. L. 108–362 § 2 · 118 Stat. 1703

    Added · 42 U.S.C. § 273(c)

    Pub. L. 108–362 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–362 added subsec. (c).

    Enacted provision · exact public law section
    SEC. 2. ORGAN PROCUREMENT ORGANIZATION CERTIFICATION.   Section 371 of the Public Health Service Act (42 U.S.C. 273) is amended by adding at the end the following: “(c) Pancreata procured by an organ procurement organization and used for islet cell transplantation or research shall be counted for purposes of certification or recertification under subsection (b).” .

23. 2013

    HIV Organ Policy Equity Act

    Pub. L. 113–51 § 2(a)(3)(A) · 127 Stat. 579

    1. Redesignated · 42 U.S.C. § 273(b)(1)(E); 42 U.S.C. § 273(b)(1)(F)

       Pub. L. 113–51, § 2(a)(3)(A), (B), redesignated subpars. (F) and (G) as (E) and (F), respectively

    2. Struck · 42 U.S.C. § 273(b)(1)(E); 42 U.S.C. § 273(b)(1)(F)

       Pub. L. 113–51, § 2(a)(3)(A), (B), struck out former subpar. (E) which was identical to subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E), (F). Pub. L. 113–51, § 2(a)(3)(A), (B), redesignated subpars. (F) and (G) as (E) and (F), respectively, and struck out former subpar. (E) which was identical to subpar. (D).

    Enacted provision · exact public law section
    (A) striking subparagraph (E);

24. 2013

    HIV Organ Policy Equity Act

    Pub. L. 113–51 § 2(a)(3)(C) · 127 Stat. 579

    Redesignated · 42 U.S.C. § 273(b)(1)(G)

    Pub. L. 113–51, § 2(a)(3)(C), substituted “(G) has a director” for “(H) has a director”. Former subpar. (G) redesignated (F)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(G). Pub. L. 113–51, § 2(a)(3)(C), substituted “(G) has a director” for “(H) has a director”. Former subpar. (G) redesignated (F).

    Enacted provision · exact public law section
    (C) striking “(H) has a director” and inserting “(G) has a director”; and

25. 2013

    HIV Organ Policy Equity Act

    Pub. L. 113–51 § 2(a)(3)(D)(i) · 127 Stat. 579

    Substituted · 42 U.S.C. § 273(b)(1)(H)(i)(V)

    Pub. L. 113–51, § 2(a)(3)(D)(i), substituted “paragraph (3)(G)” for “paragraph (2)(G)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(H)(i)(V). Pub. L. 113–51, § 2(a)(3)(D)(i), substituted “paragraph (3)(G)” for “paragraph (2)(G)”.

    Enacted provision · exact public law section
    (i) in clause (i) (V), by striking “paragraph (2)(G)” and inserting “paragraph (3)(G)”; and

26. 2013

    HIV Organ Policy Equity Act

    Pub. L. 113–51 § 2(a)(3)(D)(ii) · 127 Stat. 579

    Substituted · 42 U.S.C. § 273(b)(1)(H)(ii)

    Pub. L. 113–51, § 2(a)(3)(D)(ii), substituted “paragraph (3)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(H)(ii). Pub. L. 113–51, § 2(a)(3)(D)(ii), substituted “paragraph (3)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (ii) in clause (ii), by striking “paragraph (2)” and inserting “paragraph (3)”.

27. 2013

    HIV Organ Policy Equity Act

    Pub. L. 113–51 § 2(a)(2) · 127 Stat. 579

    Substituted · 42 U.S.C. § 273(b)(3)(C)

    Pub. L. 113–51, § 2(a)(2), substituted “including arranging for testing with respect to identifying organs that are infected with human immunodeficiency virus (HIV)” for “including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 113–51, § 2(a)(2), substituted “including arranging for testing with respect to identifying organs that are infected with human immunodeficiency virus (HIV)” for “including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome”.

    Enacted provision · exact public law section
    (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)”.

28. 2023

    Securing the U.S. Organ Procurement and Transplantation Network Act

    Pub. L. 118–14 § 3(1) · 137 Stat. 69

    Substituted · 42 U.S.C. § 273(b)(1)(H)(i)(III)

    Pub. L. 118–14 substituted “histocompatibility or an individual” for “histocompatability or an individual”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(H)(i)(III). Pub. L. 118–14 substituted “histocompatibility or an individual” for “histocompatability or an individual”.

    Enacted provision · exact public law section
    (1) in section 371(b)(1)(H)(i)(III) (42 U.S.C. 273(b)(1)(H)(i)(III)), by striking “histocompatability” and inserting “histocompatibility”;

34 of 34 references resolved to an enrolled provision