§ 274. Organ procurement and transplantation network

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. § 274

   July 1, 1944, ch. 373, title III, § 372, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2344

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title III, § 372, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2344

   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 § 403(a)(1) · 102 Stat. 3048

   1. Added · 42 U.S.C. § 274(b)(2)(B); 42 U.S.C. § 274(b)(2)(C)

      Pub. L. 100–607, § 403(a)(1), added subpar. (B)

   2. Redesignated · 42 U.S.C. § 274(b)(2)(B); 42 U.S.C. § 274(b)(2)(C)

      Pub. L. 100–607, § 403(a)(1), redesignated former subpars. (B) and (C) as (C) and (D), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B), (C). Pub. L. 100–607, § 403(a)(1), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.

   Enacted provision · exact public law section
   (1) (A) by redesignating subparagraphs (b) through (h) as subparagraphs (c) through (I), respectively; and (B) by adding after subparagraph (a) the following new subparagraph: “(B) establish membership criteria and medical criteria for allocating organs and provide to members of the public an opportunity to comment with respect to such criteria,”;

3. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 403(a)(1) · 102 Stat. 3048

   1. Redesignated · 42 U.S.C. § 274(b)(2)(D)

      Pub. L. 100–607, § 403(a)(1), (2), redesignated former subpar. (C) as (D)

   2. Redesignated · 42 U.S.C. § 274(b)(2)(D)

      Pub. L. 100–607, § 403(a)(1), (2), substituted “organs” for “organs which cannot be placed within the service areas of the organizations”. Former subpar. (D) redesignated (E)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(D). Pub. L. 100–607, § 403(a)(1), (2), redesignated former subpar. (C) as (D) and substituted “organs” for “organs which cannot be placed within the service areas of the organizations”. Former subpar. (D) redesignated (E).

   Enacted provision · exact public law section
   (1) (A) by redesignating subparagraphs (b) through (h) as subparagraphs (c) through (I), respectively; and (B) by adding after subparagraph (a) the following new subparagraph: “(B) establish membership criteria and medical criteria for allocating organs and provide to members of the public an opportunity to comment with respect to such criteria,”;

4. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 403(a)(1) · 102 Stat. 3048

   1. Redesignated · 42 U.S.C. § 274(b)(2)(E)

      Pub. L. 100–607, § 403(a)(1), (3), redesignated former subpar. (D) as (E)

   2. Redesignated · 42 U.S.C. § 274(b)(2)(E)

      Pub. L. 100–607, § 403(a)(1), (3), inserted “including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome,” after “organs,”. Former subpar. (E) redesignated (F)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(E). Pub. L. 100–607, § 403(a)(1), (3), redesignated former subpar. (D) as (E) and inserted “including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome,” after “organs,”. Former subpar. (E) redesignated (F).

   Enacted provision · exact public law section
   (1) (A) by redesignating subparagraphs (b) through (h) as subparagraphs (c) through (I), respectively; and (B) by adding after subparagraph (a) the following new subparagraph: “(B) establish membership criteria and medical criteria for allocating organs and provide to members of the public an opportunity to comment with respect to such criteria,”;

5. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 403(a)(1) · 102 Stat. 3048

   1. Redesignated · 42 U.S.C. § 274(b)(2)(F)

      Pub. L. 100–607, § 403(a)(1), (4), redesignated former subpar. (E) as (F)

   2. Redesignated · 42 U.S.C. § 274(b)(2)(F)

      Pub. L. 100–607, § 403(a)(1), (4), inserted “(and, to the extent practicable, among regions or on a national basis)” after “basis”. Former subpar. (F) redesignated (G)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(F). Pub. L. 100–607, § 403(a)(1), (4), redesignated former subpar. (E) as (F) and inserted “(and, to the extent practicable, among regions or on a national basis)” after “basis”. Former subpar. (F) redesignated (G).

   Enacted provision · exact public law section
   (1) (A) by redesignating subparagraphs (b) through (h) as subparagraphs (c) through (I), respectively; and (B) by adding after subparagraph (a) the following new subparagraph: “(B) establish membership criteria and medical criteria for allocating organs and provide to members of the public an opportunity to comment with respect to such criteria,”;

6. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 403(a)(1) · 102 Stat. 3048

   Redesignated · 42 U.S.C. § 274(b)(2)(G)(I)

   Pub. L. 100–607, § 403(a)(1), redesignated former subpars. (F) to (H) as (G) to (I), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(2)(G) to (I). Pub. L. 100–607, § 403(a)(1), redesignated former subpars. (F) to (H) as (G) to (I), respectively.

   Enacted provision · exact public law section
   (1) (A) by redesignating subparagraphs (b) through (h) as subparagraphs (c) through (I), respectively; and (B) by adding after subparagraph (a) the following new subparagraph: “(B) establish membership criteria and medical criteria for allocating organs and provide to members of the public an opportunity to comment with respect to such criteria,”;

7. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 403(a)(5) · 102 Stat. 3048

   Added · 42 U.S.C. § 274(b)(2)(J)

   Pub. L. 100–607, § 403(a)(5), added subpar. (J)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(J). Pub. L. 100–607, § 403(a)(5), added subpar. (J).

   Enacted provision · exact public law section
   (5) (A) by striking “and” at the end of subparagraph (h) (as redesignated in paragraph (1)(A) of this subsection); (B) by striking the period at the end and inserting “, and”; and (C) by adding at the end the following new subparagraph: “(J) carry out studies and demonstration projects for the purpose of improving procedures for organ procurement and allocation.”.

8. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 § 403(b) · 102 Stat. 3048

   Added · 42 U.S.C. § 274(c)

   Pub. L. 100–607, § 403(b), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–607, § 403(b), added subsec. (c).

   Enacted provision · exact public law section
   (b) Consideration of Critical Comments.— Section 372 (42 U.S.C. 274) is amended by adding at the end the following new subsection: “(c) The Secretary shall establish procedures for— “(1) receiving from interested persons critical comments relating to the manner in which the Organ Procurement and Transplantation Network is carrying out the duties of the Network under subsection (b); and “(2) the consideration by the Secretary of such critical comments.”.

9. 1990

   Transplant Amendments Act of 1990

   Pub. L. 101–616 § 202(a)(1) · 104 Stat. 3279

   Substituted · 42 U.S.C. § 274(b)(1)(A)

   Pub. L. 101–616, § 202(a)(1), substituted “that has an expertise in organ procurement and transplantation” for “which is not engaged in any activity unrelated to organ procurement”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 101–616, § 202(a)(1), substituted “that has an expertise in organ procurement and transplantation” for “which is not engaged in any activity unrelated to organ procurement”.

   Enacted provision · exact public law section
   (1) in subparagraph (A), by striking “which is not engaged in any activity unrelated to organ procurement” and inserting “that has an expertise in organ procurement and transplantation”; and

   Effective date note
   Pub. L. 101–616, title II, § 202(d), Nov. 16, 1990, 104 Stat. 3284, provided that: “The amendments made by subsection (a) [amending this section] shall become effective on December 31, 1990.”

10. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 202(a)(2) · 104 Stat. 3279

    Amended · 42 U.S.C. § 274(b)(1)(B)

    Pub. L. 101–616, § 202(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “have a board of directors which includes representatives of organ procurement organizations (including organizations which have received grants under section 273 of this title), transplant centers, voluntary health associations, and the general public.”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 101–616, § 202(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “have a board of directors which includes representatives of organ procurement organizations (including organizations which have received grants under section 273 of this title), transplant centers, voluntary health associations, and the general public.”

    Enacted provision · exact public law section
    (2) in subparagraph (B), to read as follows: “(B) have a board of directors— “(i) that includes representatives of organ procurement organizations (including organizations that have received grants under section 371), transplant centers, voluntary health associations, and the general public; and “(ii) that shall establish an executive committee and other committees, whose chairpersons shall be selected to ensure continuity of leadership for the board.”.

    Effective date note
    Pub. L. 101–616, title II, § 202(d), Nov. 16, 1990, 104 Stat. 3284, provided that: “The amendments made by subsection (a) [amending this section] shall become effective on December 31, 1990.”

11. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 202(b)(1) · 104 Stat. 3279

    Inserted · 42 U.S.C. § 274(b)(2)(D)

    Pub. L. 101–616, § 202(b)(1), inserted “nationwide” after “organizations in the” and “equitably among transplant patients” after “organs”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(D). Pub. L. 101–616, § 202(b)(1), inserted “nationwide” after “organizations in the” and “equitably among transplant patients” after “organs”.

    Enacted provision · exact public law section
    (1) in subparagraph (D)— (A) by inserting “nationwide” after “organizations in the”; and (B) by inserting “equitably among transplant patients” after “organs”;

    Effective date note
    Pub. L. 101–616, title II, § 202(d), Nov. 16, 1990, 104 Stat. 3284, provided that: “The amendments made by subsection (a) [amending this section] shall become effective on December 31, 1990.”

12. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 202(c) · 104 Stat. 3279

    Substituted · 42 U.S.C. § 274(b)(2)(F)

    Pub. L. 101–616, § 202(c), substituted “compatibility” for “compatability”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F). Pub. L. 101–616, § 202(c), substituted “compatibility” for “compatability”.

    Enacted provision · exact public law section
    (c) Technical Correction.— Section 372(b)(2)(F) of the Act (42 U.S.C. 274(b)(2)(F)) is amended by striking “compatability” and inserting “compatibility”.

    Effective date note
    Pub. L. 101–616, title II, § 202(d), Nov. 16, 1990, 104 Stat. 3284, provided that: “The amendments made by subsection (a) [amending this section] shall become effective on December 31, 1990.”

13. 1990

    Transplant Amendments Act of 1990

    Pub. L. 101–616 § 202(b)(2) · 104 Stat. 3279

    Added · 42 U.S.C. § 274(b)(2)(K); 42 U.S.C. § 274(b)(2)(L)

    Pub. L. 101–616, § 202(b)(2)–(4), added subpars. (K) and (L)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(K), (L). Pub. L. 101–616, § 202(b)(2)–(4), added subpars. (K) and (L).

    Enacted provision · exact public law section
    (2) by striking “and” at the end of subparagraph (I);

    Effective date note
    Pub. L. 101–616, title II, § 202(d), Nov. 16, 1990, 104 Stat. 3284, provided that: “The amendments made by subsection (a) [amending this section] shall become effective on December 31, 1990.”

14. 2000

    Children’s Health Act of 2000

    Pub. L. 106–310 div. A title XXI § 2101(a) · 114 Stat. 1101

    Added · 42 U.S.C. § 274(b)(2)(M)(O)

    Pub. L. 106–310 added subpars. (M) to (O)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(M) to(O). Pub. L. 106–310 added subpars. (M) to (O).

    Enacted provision · exact public law section
    (a) In General.— Section 372(b)(2) of the Public Health Service Act (42 U.S.C. 274(b)(2)) is amended— (1) in subparagraph (J), by striking “and” at the end; (2) in each of subparagraphs (K) and (L), by striking the period and inserting a comma; and (3) by adding at the end the following subparagraphs: “(M) recognize the differences in health and in organ transplantation issues between children and adults throughout the system and adopt criteria, polices, and procedures that address the unique health care needs of children, “(N) carry out studies and demonstration projects for the purpose of improving procedures for organ donation procurement and allocation, including but not limited to projects to examine and attempt to increase transplantation among populations with special needs, including children and individuals who are members of racial or ethnic minority groups, and among populations with limited access to transportation, and “(O) provide that for purposes of this paragraph, the term ‘children’ refers to individuals who are under the age of 18.”.

15. 2008

    Stephanie Tubbs Jones Organ Transplant Authorization Act of 2008

    Pub. L. 110–426 § 2 · 122 Stat. 4835

    Substituted · 42 U.S.C. § 274(a)

    Pub. L. 110–426 substituted “$7,000,000” for “$2,000,000”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–426 substituted “$7,000,000” for “$2,000,000”.

    Enacted provision · exact public law section
    SEC. 2. INCREASED FUNDING FOR THE ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK.   Section 372(a) of the Public Health Service Act (42 U.S.C. 274(a)) is amended by striking “$2,000,000” and inserting “$7,000,000”.

16. 2013

    HIV Organ Policy Equity Act

    Pub. L. 113–51 § 2(a)(1)(A) · 127 Stat. 579

    Struck · 42 U.S.C. § 274(b)(2)(E)

    Pub. L. 113–51, § 2(a)(1)(A), struck out “, including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome” after “organs”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(E). Pub. L. 113–51, § 2(a)(1)(A), struck out “, including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome” after “organs”.

    Enacted provision · exact public law section
    (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

17. 2013

    HIV Organ Policy Equity Act

    Pub. L. 113–51 § 2(a)(1)(B) · 127 Stat. 579

    Added · 42 U.S.C. § 274(b)(3)

    Pub. L. 113–51, § 2(a)(1)(B), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 113–51, § 2(a)(1)(B), added par. (3).

    Enacted provision · exact public law section
    (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).” .

18. 2023

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

    Pub. L. 118–14 § 2(1) · 137 Stat. 69

    1. Inserted · 42 U.S.C. § 274(a)

       Pub. L. 118–14, § 2(1), inserted heading

    2. Substituted · 42 U.S.C. § 274(a)

       Pub. L. 118–14, § 2(1), substituted “The Secretary shall” for “The Secretary shall by contract”

    3. Substituted · 42 U.S.C. § 274(a)

       Pub. L. 118–14, § 2(1), substituted “continued” for “establishment and”

    4. Substituted · 42 U.S.C. § 274(a)

       Pub. L. 118–14, § 2(1), substituted “The Secretary may award grants, contracts, or cooperative agreements, as the Secretary determines appropriate, for purposes of carrying out this section.” for “The amount provided under such contract in any fiscal year may not exceed $7,000,000. Funds for such contracts shall be made available from funds available to the Public Health Service from appropriations for fiscal years beginning after fiscal year 1984.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–14, § 2(1), inserted heading, substituted “The Secretary shall” for “The Secretary shall by contract”, “continued” for “establishment and”, and “The Secretary may award grants, contracts, or cooperative agreements, as the Secretary determines appropriate, for purposes of carrying out this section.” for “The amount provided under such contract in any fiscal year may not exceed $7,000,000. Funds for such contracts shall be made available from funds available to the Public Health Service from appropriations for fiscal years beginning after fiscal year 1984.”

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “The Secretary shall by contract” and inserting “In General—The Secretary shall”; (B) by striking “establishment and” and inserting “continued”; and (C) by striking the second and third sentences and inserting “The Secretary may award grants, contracts, or cooperative agreements, as the Secretary determines appropriate, for purposes of carrying out this section.”; and

19. 2023

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

    Pub. L. 118–14 § 2(2) · 137 Stat. 69

    1. Inserted · 42 U.S.C. § 274(b)

       Pub. L. 118–14, § 2(2), inserted subsec. and par. (1) headings and, in par. (1)

    2. Substituted · 42 U.S.C. § 274(b)

       Pub. L. 118–14, § 2(2), substituted “The Organ Procurement and Transplantation Network shall—” and subpar. (A) for “The Organ Procurement and Transplantation Network shall carry out the functions described in paragraph (2) and shall—

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–14, § 2(2), inserted subsec. and par. (1) headings and, in par. (1), substituted “The Organ Procurement and Transplantation Network shall—” and subpar. (A) for “The Organ Procurement and Transplantation Network shall carry out the functions described in paragraph (2) and shall—

    “(A) be a private nonprofit entity that has an expertise in organ procurement and transplantation, and”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “(b)(1) The Organ Procurement” and all that follows through the end of subparagraph (A) of paragraph (1) and inserting the following: “(b) Composition.— “(1) In general.— The Organ Procurement and Transplantation Network shall— “(A) be operated through awards to public or private entities made by the Secretary that are distinct from the awards made to support the organization tasked with supporting the board of directors described in subparagraph (B); and” .

20. 2026

    Pub. L. 119–75 § 6502(1)(B)(i) · 140 Stat. 690

    Substituted · 42 U.S.C. § 274(b)(2)(A)(i)

    Pub. L. 119–75, § 6502(1)(B)(i), substituted “; and” for “, and”

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(i). Pub. L. 119–75, § 6502(1)(B)(i), substituted “; and” for “, and”.

21. 2026

    Pub. L. 119–75 § 6502(1)(B)(ii) · 140 Stat. 690

    Substituted · 42 U.S.C. § 274(b)(2)(A)(ii)

    Pub. L. 119–75, § 6502(1)(B)(ii), substituted semicolon for comma at end

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(ii). Pub. L. 119–75, § 6502(1)(B)(ii), substituted semicolon for comma at end.

22. 2026

    Pub. L. 119–75 § 6502(1)(D) · 140 Stat. 690

    Substituted · 42 U.S.C. § 274(b)(2)(B)

    Pub. L. 119–75, § 6502(1)(D), substituted semicolon for comma at end

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 119–75, § 6502(1)(D), substituted semicolon for comma at end.

23. 2026

    Pub. L. 119–75 § 6502(1)(C) · 140 Stat. 690

    Substituted · 42 U.S.C. § 274(b)(2)(C)

    Pub. L. 119–75, § 6502(1)(C), (D), substituted “24-hour telephone or information technology service” for “twenty-four-hour telephone service” and semicolon for comma at end

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 119–75, § 6502(1)(C), (D), substituted “24-hour telephone or information technology service” for “twenty-four-hour telephone service” and semicolon for comma at end.

24. 2026

    Pub. L. 119–75 § 6502(1)(D) · 140 Stat. 690

    Substituted · 42 U.S.C. § 274(b)(2)(D)(L)

    Pub. L. 119–75, § 6502(1)(D), substituted semicolon for comma at end

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(D) to (L). Pub. L. 119–75, § 6502(1)(D), substituted semicolon for comma at end.

25. 2026

    Pub. L. 119–75 § 6502(1)(A) · 140 Stat. 690

    Substituted · 42 U.S.C. § 274(b)(2)(M)

    Pub. L. 119–75, § 6502(1)(A), (D), realigned margins and substituted semicolon for comma at end

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(M). Pub. L. 119–75, § 6502(1)(A), (D), realigned margins and substituted semicolon for comma at end.

26. 2026

    Pub. L. 119–75 § 6502(1)(A) · 140 Stat. 690

    Substituted · 42 U.S.C. § 274(b)(2)(N)

    Pub. L. 119–75, § 6502(1)(A), (E), realigned margins and substituted “transportation;” for “transportation, and”

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(N). Pub. L. 119–75, § 6502(1)(A), (E), realigned margins and substituted “transportation;” for “transportation, and”.

27. 2026

    Pub. L. 119–75 § 6502(1)(A) · 140 Stat. 690

    Substituted · 42 U.S.C. § 274(b)(2)(O)

    Pub. L. 119–75, § 6502(1)(A), (F), realigned margins and substituted semicolon for period at end

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(O). Pub. L. 119–75, § 6502(1)(A), (F), realigned margins and substituted semicolon for period at end.

28. 2026

    Pub. L. 119–75 § 6502(1)(G) · 140 Stat. 690

    Added · 42 U.S.C. § 274(b)(2)(P); 42 U.S.C. § 274(b)(2)(Q)

    Pub. L. 119–75, § 6502(1)(G), added subpars. (P) and (Q)

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(P), (Q). Pub. L. 119–75, § 6502(1)(G), added subpars. (P) and (Q).

29. 2026

    Pub. L. 119–75 § 6502(2) · 140 Stat. 690

    Added · 42 U.S.C. § 274(d)

    Pub. L. 119–75, § 6502(2), added subsec. (d)

    Unresolved: Pub. L. 119–75 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 119–75, § 6502(2), added subsec. (d).

27 of 37 references resolved to an enrolled provision · 10 unresolved