42 U.S.C. § 274b — General provisions respecting grants and

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 marrow reg- istry’’ in section catchline, designated existing text as subsec. (a), and added subsec. (b). § 274b. General provisions respecting grants and contracts (a) Application requirement No grant may be made under this part or con- tract 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 Sec- retary 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 may be made for one year with re- spect to any organ procurement organization and may not exceed $100,000. (2) Grants under section 273(a)(2) of this title may be made for two years. No such grant may exceed $500,000 for any year and no organ pro- curement organization may receive more than $800,000 for initial operation or expansion. (3) Grants or contracts under section 273(a)(3) of this title may be made for not more than 3 years. (c) Determination of grant amount; terms of pay- ment; 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 reimburse- ment, with necessary adjustments on account of underpayments or overpayments, and in such in- stallments 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 pre- scribe, 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 under- taking supplied by other sources, and such other records as will facilitate an effective audit. (B) The Secretary and the Comptroller Gen- eral 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 re- cipient 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 or- gans are performed. (2) The term ‘‘organ’’ means the human kid- ney, 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, such term includes bone marrow. (July 1, 1944, ch. 373, title III, § 374, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2345; amended Pub. L. 100–607, title IV, § 402(b), Nov. 4, 1988, 102 Stat. 3114; Pub. L. 101–616, title II, § 203, Nov. 16, 1990, 104 Stat. 3284; Pub. L. 118–14, § 3(2), Sept. 22, 2023, 137 Stat. 69.) Editorial Notes PRIOR PROVISIONS A prior section 374 of act July 1, 1944, added by act Aug. 3, 1956, ch. 907, § 1, 70 Stat. 961, which related to ac- ceptance and administration of gifts to National Li- brary of Medicine and to establishment of memorials to donors, was renumbered section 384 and classified to section 278 of this title, prior to repeal by Pub. L. 99–158, § 3(b), Nov. 20, 1985, 99 Stat. 879. AMENDMENTS 2023—Subsec. (c)(2). Pub. L. 118–14 substituted ‘‘sec- tion 273, 274, or 274a’’ for ‘‘section 273 or 274a’’ in sub- pars. (A) and (B). 1990—Subsec. (a). Pub. L. 101–616, § 203(1), substituted ‘‘No grant may be made under this part’’ for ‘‘No grant may be made under section 273 or 274a of this title’’. Subsec. (b). Pub. L. 101–616, § 203(2), redesignated par. (2) as (1) and substituted ‘‘section 273(a)(1)’’ for ‘‘section 273’’, struck out former par. (1) which set forth factors Page 511 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 274d in considering applications for section 273 grants, re- designated par. (3) as (2) and substituted ‘‘section 273(a)(2)’’ for ‘‘paragraphs (2) and (3) of section 273(a)’’, and added par. (3). Subsec. (c). Pub. L. 101–616, § 203(3), inserted ‘‘or con- tract’’ after ‘‘grant’’ wherever appearing and ‘‘and con- tracts’’ after ‘‘grants’’ wherever appearing. 1988—Subsec. (b)(3). Pub. L. 100–607 substituted ‘‘para- graphs (2) and (3) of section 273(a) of this title’’ for ‘‘section 273 of this title for the establishment, initial operation, or expansion of organ procurement organiza- tions’’. § 274c. Administration The Secretary shall designate and maintain an identifiable administrative unit in the Public Health Service to— (1) administer this part and coordinate with the organ procurement activities under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]; (2) conduct a program of public information to inform the public of the need for organ do- nations; (3) provide technical assistance to organ pro- curement organizations, the Organ Procure- ment and Transplantation Network estab- lished under section 274 of this title, and other entities in the health care system involved in organ donations, procurement, and trans- plants; and (4) provide information— (A) to patients, their families, and their physicians about transplantation; and (B) to patients and their families about the resources available nationally and in each State, and the comparative costs and patient outcomes at each transplant center affiliated with the organ procurement and transplantation network, in order to assist the patients and families with the costs as- sociated with transplantation. (July 1, 1944, ch. 373, title III, § 375, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2346; amended Pub. L. 100–607, title IV, § 405, Nov. 4, 1988, 102 Stat. 3116; Pub. L. 101–616, title II, § 204, Nov. 16, 1990, 104 Stat. 3285; Pub. L. 118–14, § 3(3), Sept. 22, 2023, 137 Stat. 69.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in par. (1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the So- cial Security Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of this title. For com- plete classification of this Act to the Code, see section 1305 of this title and Tables. PRIOR PROVISIONS A prior section 375 of act July 1, 1944, added by act Aug. 3, 1956, ch. 907, § 1, 70 Stat. 962, which related to definitions, was renumbered section 385 and classified to section 279 of this title, prior to repeal by Pub. L. 99–158, § 3(b), Nov. 20, 1985, 99 Stat. 879. AMENDMENTS 2023—Pars. (1), (2). Pub. L. 118–14, § 3(3)(A), substituted semicolon for comma at end. Par. (3). Pub. L. 118–14, § 3(3)(B), substituted ‘‘trans- plants; and’’ for ‘‘transplants, and’’. Par. (4). Pub. L. 118–14, § 3(3)(C), redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively. 1990—Pub. L. 101–616, § 204(a), struck out ‘‘, during fis- cal years 1985 through 1990,’’ after ‘‘The Secretary shall’’. Par. (3). Pub. L. 101–616, § 204(b)(1), struck out ‘‘receiv- ing funds under section 273 of this title’’ after ‘‘organ procurement organizations’’. Par. (4). Pub. L. 101–616, § 204(b)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘not later than April 1 of each of the years 1989 and 1990, submit to the Congress a report on the status of organ donation and coordination services and include in the report an analysis of the efficiency and effective- ness of the procurement and allocation of organs and a description of problems encountered in the procure- ment and allocation of organs.’’ 1988—Pub. L. 100–607, in introductory provisions, sub- stituted ‘‘1985 through 1990’’ for ‘‘1985, 1986, 1987, and 1988’’ and, in par. (4), substituted ‘‘not later than April 1 of each of the years 1989 and 1990, submit to the Con- gress a report’’ for ‘‘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’’. § 274d. Report Not later than 2 years after September 22, 2023, and every second year thereafter, the Secretary shall publish, and submit to the Committee on Energy and Commerce of the House of Rep- resentatives and the Committee on Health, Edu- cation, Labor, and Pensions of the Senate, a re- port on the scientific and clinical status of organ transplantation. The Secretary shall con- sult with the Director of the National Institutes of Health and the Commissioner of the Food and Drug Administration in the preparation of the report. (July 1, 1944, ch. 373, title III, § 376, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2346; amended Pub. L. 100–607, title IV, § 406, Nov. 4, 1988, 102 Stat. 3116; Pub. L. 101–616, title II, § 205, Nov. 16, 1990, 104 Stat. 3285; Pub. L. 118–14, § 3(4), Sept. 22, 2023, 137 Stat. 70.) Editorial Notes PRIOR PROVISIONS A prior section 376 of act July 1, 1944, added by act Aug. 3, 1956, ch. 907, § 1, 70 Stat. 962, which related to Li- brary facilities, was renumbered section 386 and classi- fied to section 280 of this title, prior to repeal by Pub. L. 99–158, § 3(b), Nov. 20, 1985, 99 Stat. 879. AMENDMENTS 2023—Pub. L. 118–14 substituted ‘‘2 years after Sep- tember 22, 2023, and every second year thereafter’’ for ‘‘February 10 of 1991 and of each second year there- after’’ and ‘‘Committee on Health, Education, Labor, and Pensions of the Senate,’’ for ‘‘Committee on Labor and Human Resources of the Senate.’’. 1990—Pub. L. 101–616 substituted ‘‘Not later than Feb- ruary 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 Representa- tives and the Committee on Labor and Human Re- sources of the Senate.’’ for ‘‘The Secretary shall, not later than October 1 of each year, publish’’. 1988—Pub. L. 100–607 substituted ‘‘shall, not later than October 1 of each year,’’ for ‘‘shall annually’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on