§ 274d. Report

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. § 274d

   July 1, 1944, ch. 373, title III, § 376, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2346

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title III, § 376, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2346

   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 title IV § 406 · 102 Stat. 3048

   Substituted · 42 U.S.C. § 274d

   Pub. L. 100–607 substituted “shall, not later than October 1 of each year,” for “shall annually”

   Source evidence

   Code amendment note
   Pub. L. 100–607 substituted “shall, not later than October 1 of each year,” for “shall annually”.

   Enacted provision · exact public law section
   SEC. 406. REPORT. Section 376 (42 U.S.C. 274d) is amended by striking “shall annually” and inserting the following: “shall, not later than October 1 of each year,”.

3. 1990

   Transplant Amendments Act of 1990

   Pub. L. 101–616 title II § 205 · 104 Stat. 3279

   Substituted · 42 U.S.C. § 274d

   Pub. L. 101–616 substituted “Not later than February 10 of 1991 and of each second year thereafter, the Secretary shall publish, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate.” for “The Secretary shall, not later than October 1 of each year, publish”

   Source evidence

   Code amendment note
   Pub. L. 101–616 substituted “Not later than February 10 of 1991 and of each second year thereafter, the Secretary shall publish, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate.” for “The Secretary shall, not later than October 1 of each year, publish”.

   Enacted provision · exact public law section
   SEC. 205. REPORT. Section 376 of the Public Health Service Act (42 U.S.C. 274d) is amended in the first sentence, by striking “The Secretary” and all that follows through “publish” and inserting “Not later than February 10 of 1991 and of each second year thereafter, the Secretary shall publish, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate.”.

4. 2023

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

   Pub. L. 118–14 § 3(4) · 137 Stat. 69

   1. Substituted · 42 U.S.C. § 274d

      Pub. L. 118–14 substituted “2 years after September 22, 2023, and every second year thereafter” for “February 10 of 1991 and of each second year thereafter”

   2. Substituted · 42 U.S.C. § 274d

      Pub. L. 118–14 substituted “Committee on Health, Education, Labor, and Pensions of the Senate,” for “Committee on Labor and Human Resources of the Senate.”

   Source evidence

   Code amendment note
   Pub. L. 118–14 substituted “2 years after September 22, 2023, and every second year thereafter” for “February 10 of 1991 and of each second year thereafter” and “Committee on Health, Education, Labor, and Pensions of the Senate,” for “Committee on Labor and Human Resources of the Senate.”.

   Enacted provision · exact public law section
   (4) in section 376 (42 U.S.C. 274d)— (A) by striking “February 10 of 1991 and of each second year thereafter” and inserting “2 years after the date of enactment of the Securing the U.S. Organ Procurement and Transplantation Network Act and every second year thereafter”; and (B) by striking “Committee on Labor and Human Resources of the Senate.” and inserting “Committee on Health, Education, Labor, and Pensions of the Senate,”.

5 of 5 references resolved to an enrolled provision