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42 U.S.C. § 274b — General provisions respecting grants and contracts
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application requirement** No grant may be made under this part or contract entered into under section 274 or 274a of this title 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) Special considerations and priority; planning and establishment grants**
(1) A grant for planning under [section 273(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273/a/1&num=0&edition=prelim) may be made for one year with respect to any organ procurement organization and may not exceed $100,000.
(2) Grants under [section 273(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273/a/2&num=0&edition=prelim) 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.
(3) Grants or contracts under [section 273(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273/a/3&num=0&edition=prelim) may be made for not more than 3 years.
**(c) Determination of grant amount; terms of payment; recordkeeping; access for purposes of audits and examination of records**
(1) The Secretary shall determine the amount of a grant or contract made under section 273 or 274a of this title. Payments under such grants and contracts 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 p
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Source file: Laws/federal/codes/united-states-code/title-42/section-274b-general-provisions-respecting-grants-and-contracts--3b91ed19e9.md
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Source location: Title 42, Chapter 6A, § 274b; chapter-6a-public-health-service.md
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**(a) Application requirement** No grant may be made under this part or contract entered into under section 274 or 274a of this title 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) Special considerations and priority; planning and establishment grants**
(1) A grant for planning under [section 273(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273/a/1&num=0&edition=prelim) may be made for one year with respect to any organ procurement organization and may not exceed $100,000.
(2) Grants under [section 273(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273/a/2&num=0&edition=prelim) 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.
(3) Grants or contracts under [section 273(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273/a/3&num=0&edition=prelim) may be made for not more than 3 years.
**(c) Determination of grant amount; terms of payment; recordkeeping; access for purposes of audits and examination of records**
(1) The Secretary shall determine the amount of a grant or contract made under section 273 or 274a of this title. Payments under such grants and contracts 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 and contracts.
(2)
(A) Each recipient of a grant or contract under section 273, 274, or 274a of this title shall 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 or contract, the total cost of the undertaking in connection with which such grant or contract 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 or contract under section 273, 274, or 274a of this title that are pertinent to such grant or contract.
**(d) “Transplant center” and “organ” defined** 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 274a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274a&num=0&edition=prelim), such term includes bone marrow.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall, by grant or contract, develop and maintain a scientific registry of the recipients of organ transplants. The registry shall include such information respecting patients 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 274d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274d&num=0&edition=prelim) an analysis of information derived from the registry.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant authority of Secretary**
(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, consolidation, and expansion of qualified organ procurement organizations described in subsection (b).
**(b) Qualified organizations**
(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) 11 See References in Text note below. 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 [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.] for the procurement of kidneys,
(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 by the Secretary by not later than January
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Federal law — U.S. Code and appendices · legal_authorities
Page 510
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 274a
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 Procure-
ment and Transplantation Network fails to submit the
report under subsection (a).’’
§ 274a. Scientific registry
The Secretary shall, by grant or contract, de-
velop and maintain a scientific registry of the
recipients of organ transplants. The registry
shall include such information respecting pa-
tients and transplant procedures as the Sec-
retary deems necessary to an ongoing evalua-
tion of the scientific and clinical status of organ
transplantation. The Secretary shall prepare for
inclusion in the report under section 274d of this
title an analysis of information derived from the
registry.
(July 1, 1944, ch. 373, title III, § 373, as added Pub.
L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2345;
amended Pub. L. 100–607, title IV, § 404, Nov. 4,
1988, 102 Stat. 3116; Pub. L. 101–616, title I,
§ 101(b), Nov. 16, 1990, 104 Stat. 3282.)
Editorial Notes
PRIOR PROVISIONS
A prior section 373 of act July 1, 1944, added by act
Aug. 3, 1956, ch. 907, § 1, 70 Stat. 960, which related to a
Board of Regents of National Library of Medicine, was
renumbered section 383 and classified to section 277 of
this title, prior to repeal by Pub. L. 99–158, § 3(b), Nov.
20, 1985, 99 Stat. 879.
AMENDMENTS
1990—Pub. L. 101–616 struck out ‘‘and bone marrow
registry’’ after ‘‘Scientific registry’’ in section catch-
line and struck out subsec. (a) designation and subsec.
(b) which directed establishment of bone marrow reg-
istry and authorized appropriations for fiscal years 1989
and 1990 for such purpose.
1988—Pub. L. 100–607 inserted ‘‘and bone
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