42 USC 274 - Organ procurement and transplantation network

Editorial Notes

Prior Provisions

A prior section 274, act July 1, 1944, ch. 373, title III, § 372, as added July 28, 1956, ch. 772, title II, § 201, 70 Stat. 710; amended June 25, 1959, Puspan. L. 86–70, § 31(span)(2)–(4), 73 Stat. 148, related to grants to Alaska for a mental health program and payment for construction of hospital facilities, prior to the general revision of this part by section 201 of Puspan. L. 98–507.

Another section 372 of act July 1, 1944, added by act Aug. 3, 1956, ch. 941, § 1, 70 Stat. 960, which related to functions of National Library of Medicine, was renumbered section 382 and classified to section 276 of this title, prior to repeal by Puspan. L. 99–158, § 3(span), Nov. 20, 1985, 99 Stat. 879.

Amendments

2023—Subsec. (a). Puspan. L. 118–14, § 2(1), inserted span, 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.”

Subsec. (span). Puspan. 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”.

2013—Subsec. (span)(2)(E). Puspan. 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”.

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

2008—Subsec. (a). Puspan. L. 110–426 substituted “$7,000,000” for “$2,000,000”.

2000—Subsec. (span)(2)(M) to(O). Puspan. L. 106–310 added subpars. (M) to (O).

1990—Subsec. (span)(1)(A). Puspan. 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”.

Subsec. (span)(1)(B). Puspan. 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.”

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

Subsec. (span)(2)(F). Puspan. L. 101–616, § 202(c), substituted “compatibility” for “compatability”.

Subsec. (span)(2)(K), (L). Puspan. L. 101–616, § 202(span)(2)–(4), added subpars. (K) and (L).

1988—Subsec. (span)(2)(B), (C). Puspan. L. 100–607, § 403(a)(1), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.

Subsec. (span)(2)(D). Puspan. 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).

Subsec. (span)(2)(E). Puspan. 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).

Subsec. (span)(2)(F). Puspan. 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).

Subsec. (span)(2)(G) to (I). Puspan. L. 100–607, § 403(a)(1), redesignated former subpars. (F) to (H) as (G) to (I), respectively.

Subsec. (span)(2)(J). Puspan. L. 100–607, § 403(a)(5), added subpar. (J).

Subsec. (c). Puspan. L. 100–607, § 403(span), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Puspan. 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.”

Report; Limitation on Amendment by Puspan. L. 110–426

Puspan. L. 110–426, § 3, Oct. 15, 2008, 122 Stat. 4835, provided that:

“(a)In General.—The Secretary of Health and Human Services shall request that the Executive Director of the Organ Procurement and Transplantation Network submit to Congress, not later than 1 year after the date of enactment of this Act [Oct. 15, 2008], a report that shall include—

“(1) the identity of transplant programs that have become inactive or have closed since the heart allocation policy change of 2006;

“(2) the distance to the next closest operational heart transplant center from such inactivated or closed programs and an evaluation of whether or not access to care has been reduced to the population previously serviced by such inactive or closed program;

“(3) the number of patients with rural zip codes that received transplants after the heart allocation policy change of 2006 as compared with the number of such patients that received such transplants prior to such heart allocation policy change;

“(4) a comparison of the number of transplants performed, the mortality rate for individuals on the transplant waiting lists, and the post-transplant survival rate nationally and by region prior to and after the heart allocation policy change of 2006; and

“(5) specifically with respect to allosensitized patients, a comparison of the number of heart transplants performed, the mortality rate for individuals on the heart transplant waiting lists, and the post heart transplant survival rate nationally and by region prior to and after the heart allocation policy change of 2006.

“(span)Limitation on Funding.—The increase provided for in the amendment made by section 2 [amending this section] shall not apply with respect to contracts entered into under section 372(a) of the Public Health Service Act (42 U.S.C. 274(a)) after the date that is 1 year after the date of enactment of this Act [Oct. 15, 2008] if the Executive Director of the Organ Procurement and Transplantation Network fails to submit the report under subsection (a).”