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

II 118TH CONGRESS 1ST SESSION S. 1668 To improve the Organ Procurement and Transplantation Network, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 17, 2023 Mr. WYDEN (for himself, Mr. GRASSLEY, Mr. CARDIN, Mr. YOUNG, Mr. CAS- SIDY, Ms. WARREN, Mr. MORAN, and Mr. BOOKER) introduced the fol- lowing bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve the Organ Procurement and Transplantation Network, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Securing the U.S. 4 Organ Procurement and Transplantation Network Act’’. 5 SEC. 2. ORGAN PROCUREMENT AND TRANSPLANTATION 6 NETWORK. 7 Section 372 of the Public Health Service Act (42 8 U.S.C. 274) is amended— 9 VerDate Sep 11 2014 00:53 May 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1668 IS (1) in subsection (a)— 1 (A) by striking ‘‘The Secretary shall by 2 contract’’ and inserting ‘‘IN GENERAL—The 3 Secretary shall’’; 4 (B) by striking ‘‘establishment and’’ and 5 inserting ‘‘continued’’; and 6 (C) by striking the second and third sen- 7 tences and inserting ‘‘The Secretary may award 8 grants, contracts, or cooperative agreements, as 9 the Secretary determines appropriate, for pur- 10 poses of carrying out this section.’’; and 11 (2) in subsection (b), by striking ‘‘(b)(1) The 12 Organ Procurement’’ and all that follows through 13 the end of subparagraph (A) of paragraph (1) and 14 inserting the following: 15 ‘‘(b) COMPOSITION.— 16 ‘‘(1) IN GENERAL.—The Organ Procurement 17 and Transplantation Network shall— 18 ‘‘(A) be operated through awards to public 19 or private entities made by the Secretary that 20 are distinct from the awards made to support 21 the organization tasked with supporting the 22 board of directors described in subparagraph 23 (B); and’’. 24 VerDate Sep 11 2014 00:53 May 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1668 IS SEC. 3. TECHNICAL AMENDMENTS. 1 Title III of the Public Health Service Act is amend- 2 ed— 3 (1) in section 371(b)(1)(H)(i)(III) (42 U.S.C. 4 273(b)(1)(H)(i)(III)), by striking 5 ‘‘histocompatability’’ and inserting 6 ‘‘histocompatibility’’; 7 (2) in section 374(c)(2) (42 U.S.C. 274b(c)(2)), 8 by striking ‘‘section 371 or 373’’ each place it ap- 9 pears and inserting ‘‘section 371, 372, or 373’’; 10 (3) in section 375 (42 U.S.C. 274c)— 11 (A) by striking the comma at the end of 12 each of paragraphs (1) and (2) and inserting a 13 semicolon; 14 (B) in paragraph (3), by striking ‘‘trans- 15 plants, and’’ and inserting ‘‘transplants; and’’; 16 and 17 (C) in paragraph (4), by redesignating 18 clauses (i) and (ii) as subparagraphs (A) and 19 (B), respectively; and 20 (4) in section 376 (42 U.S.C. 274d)— 21 (A) by striking ‘‘February 10 of 1991 and 22 of each second year thereafter’’ and inserting 23 ‘‘2 years after the date of enactment of the Se- 24 curing the U.S. Organ Procurement and Trans- 25 VerDate Sep 11 2014 00:53 May 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1668 IS plantation Network Act and every second year 1 thereafter’’; and 2 (B) by striking ‘‘Committee on Labor and 3 Human Resources of the Senate.’’ and inserting 4 ‘‘Committee on Health, Education, Labor, and 5 Pensions of the Senate,’’. 6 SEC. 4. GAO REVIEW. 7 Not later than 2 years after the date of enactment 8 of this Act, the Comptroller General of the United States 9 shall— 10 (1) to the extent data are available, conduct a 11 review of the historical financing of the Organ Pro- 12 curement and Transplantation Network described in 13 section 372 of the Public Health Service Act (42 14 U.S.C. 274), including the utilization of registration 15 fees among entities that have previously been award- 16 ed contracts under such section 372; and 17 (2) submit to the Committee on Health, Edu- 18 cation, Labor, and Pensions and the Committee on 19 Finance of the Senate and the Committee on Energy 20 and Commerce of the House of Representatives a re- 21 port on the review under paragraph (1), including 22 related recommendations, as applicable. 23 Æ VerDate Sep 11 2014 00:53 May 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1668.IS S1668 kjohnson on DSK79L0C42PROD with BILLS