IB 

Union Calendar No. 163

108TH CONGRESS 

1ST SESSION H. R. 3034

[Report No. 108–276] 

To amend the Public Health Service Act to reauthorize the National Bone 

Marrow Donor Registry, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 5, 2003

Mr. YOUNG of Florida (for himself, Mr. BILIRAKIS, and Mr. TOWNS) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

SEPTEMBER 17, 2003

Additional sponsors: Mr. TOM DAVIS of Virginia, Mrs. CAPPS, Mrs. 

CHRISTENSEN, and Mr. MEEKS of New York 

SEPTEMBER 17, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 5, 2003] 

A BILL

To amend the Public Health Service Act to reauthorize the 

National Bone Marrow Donor Registry, and for other 

purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Bone Marrow 

5 Donor Registry Reauthorization Act’’. 

6 SEC. 2. NATIONAL BONE MARROW DONOR REGISTRY. 

7 (a) NATIONAL REGISTRY.—Section 379 of the Public 

8 Health Service Act (42 U.S.C. 274k) is amended—

9 (1) in subsection (a)—

10 (A) in paragraph (1), by striking ‘‘except 

11 that’’ and all that follows and inserting ‘‘except 

12 that—

13 ‘‘(A) such limitations shall not apply to the 

14 Chair of the board (or the Chair-elect) or to the 

15 member of the board who most recently served as 

16 the Chair; and 

17 ‘‘(B) 1 additional consecutive 2-year term 

18 may be served by any member of the board who 

19 has no employment, governance, or financial af20 filiation with any donor center, recruitment 

21 group, transplant center, or cord blood bank.’’; 

22 and 

23 (B) in paragraph (4)—

24 (i) by striking ‘‘the Naval Medical Re25 search and Development Command’’ and 
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1 inserting ‘‘the Department of Defense Mar2 row Donor Recruitment and Research Pro3 gram operated by the Department of the 

4 Navy’’; and 

5 (ii) by striking ‘‘Organ’’ after ‘‘Divi6 sion of’’; 

7 (2) in subsection (b)—

8 (A) in paragraph (4), by inserting ‘‘at 

9 least’’ before ‘‘annually’’; 

10 (B) in paragraph (7), by striking ‘‘and 

11 comparisons of transplant centers regarding 

12 search and other costs that prior to transplan13 tation are charged to patients by transplant cen14 ters; and’’; 

15 (C) in paragraph (8), by inserting ‘‘and 

16 outreach’’ after ‘‘and demonstration’’; 

17 (D) at the end of paragraph (8), by striking 

18 the period and inserting a semicolon; 

19 (E) by redesignating paragraphs (3) 

20 through (8) as paragraphs (4) through (9); 

21 (F) by inserting after paragraph (2), the 

22 following: 

23 ‘‘(3) maintain and expand medical emergency 

24 contingency response capabilities in concert with Fed25 eral programs for response to threats of use of ter-
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1 rorist or military weapons that can damage marrow, 

2 such as ionizing radiation or chemical agents con3 taining mustard, so that the capability of supporting 

4 patients with marrow damage from disease can be 

5 used to support casualties with marrow damage;’’; 

6 and 

7 (G) by adding at the end the following: 

8 ‘‘(10) conduct and support research to improve 

9 the availability, efficiency, safety, and cost of trans10 plants from unrelated donors and the effectiveness of 

11 Registry operations; 

12 ‘‘(11) increase the number of umbilical cord 

13 blood units listed in the Registry and assist cord 

14 blood banks in the Registry program in accordance 

15 with subsection (c); and 

16 ‘‘(12) establish bylaws and procedures—

17 ‘‘(A) to prohibit any member of the board of 

18 directors of the Registry who has an employ19 ment, governance, or financial affiliation with a 

20 donor center, recruitment group, transplant cen21 ter, or cord blood bank from participating in 

22 any decision that materially affects the center, 

23 recruitment group, transplant center, or cord 

24 blood bank; and 
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1 ‘‘(B) to limit the number of members of the 

2 board with any such affiliation.’’; 

3 (3) in subsection (c)—

4 (A) in clause (ii) of paragraph (2)(A), by 

5 striking ‘‘, including providing updates’’; and 

6 (B) in paragraph (3), by striking ‘‘the 

7 availability, as a potential treatment option, of 

8 receiving a transplant of bone marrow from an 

9 unrelated donor’’ and inserting ‘‘transplants 

10 from unrelated donors as a treatment option and 

11 resources for identifying and evaluating other 

12 therapeutic alternatives’’; 

13 (4) in subsection (d)—

14 (A) in paragraph (2)(C), by inserting ‘‘and 

15 assist with information regarding third party 

16 payor matters’’ after ‘‘ongoing search for a 

17 donor’’; 

18 (B) in paragraph (2)(F)—

19 (i) by redesignating clause (v) as 

20 clause (vi); and 

21 (ii) by inserting after clause (iv) the 

22 following: 

23 ‘‘(v) Information concerning issues 

24 that patients may face after a transplant 
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1 regarding continuity of care and quality of 

2 life.’’; and 

3 (C) in paragraph (3)(B), by striking ‘‘Of4 fice may’’ and inserting ‘‘Office shall’’; 

5 (5) in subsection (g), by striking ‘‘the bone mar6 row donor program of the Department of the Navy’’ 

7 and inserting ‘‘the Department of Defense Marrow 

8 Donor Recruitment and Research Program operated 

9 by the Department of the Navy’’; 

10 (6) in subsection (h)—

11 (A) by striking ‘‘APPLICATION.—’’ and in12 serting ‘‘CONTRACTS.—’’; 

13 (B) by striking ‘‘To be eligible’’ and insert14 ing the following: 

15 ‘‘(1) APPLICATION.—To be eligible’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(2) CONSIDERATIONS.—In awarding contracts 

18 under this section, the Secretary shall give substantial 

19 weight to the continued safety of donors and patients 

20 and other factors deemed appropriate by the Sec21 retary.’’; 

22 (7) in subsection (i), by striking ‘‘include’’ and 

23 inserting ‘‘be’’; and 

24 (8) by striking subsection (l). 
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1 (b) BONE MARROW SCIENTIFIC REGISTRY.—Section 

2 379A of the Public Health Service Act (42 U.S.C. 274l) is 

3 amended—

4 (1) in subsection (a), by adding at the end the 

5 following: ‘‘The scientific registry shall participate in 

6 medical research that has the potential to improve 

7 transplant outcomes.’’; 

8 (2) in subsection (c), by striking ‘‘Each such re9 port shall in addition include the data required in 

10 section 379(l) (relating to pretransplant costs).’’; and 

11 (3) by adding after subsection (c) the following: 

12 ‘‘(d) PUBLICLY AVAILABLE DATA.—The scientific reg13 istry shall make relevant scientific information not con14 taining individually identifiable information available to 

15 the public in the form of summaries and data sets to encour16 age medical research and to provide information to trans17 plant programs, physicians, and patients.’’. 

18 (c) BONE MARROW AND MARROW DEFINED.—Part I 

19 of title III of the Public Health Service Act (42 U.S.C. 274k 

20 et seq.) is amended—

21 (1) by redesignating section 379B as section 

22 379C; and 

23 (2) by inserting after section 379A the following: 
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1 ‘‘SEC. 379B. BONE MARROW AND MARROW DEFINED. 

2 ‘‘For purposes of this part, the terms ‘bone marrow’ 

3 and ‘marrow’ include bone marrow and any other source 

4 of hematopoietic progenitor cells the acquisition or use of 

5 which is not inconsistent with Federal law.’’. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 379C of the Public Health Service Act, as redesignated by 

8 subsection (c), is amended to read as follows: 

9 ‘‘SEC. 379C. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘(a) IN GENERAL.—For the purpose of carrying out 

11 this part, there are authorized to be appropriated 

12 $32,000,000 for fiscal year 2004, and such sums as may 

13 be necessary for each of the fiscal years 2005 through 2008. 

14 ‘‘(b) EMERGENCY CONTINGENCY RESPONSE CAPABILI15 TIES.—In addition to the amounts authorized to be appro16 priated under subsection (a), there are authorized to be ap17 propriated such sums as may be necessary for the mainte18 nance and expansion of emergency contingency response ca19 pabilities under section 379(b)(3).’’.

Union Calendar No. 163

108TH CONGRESS 

1ST SESSION H. R. 3034

[Report No. 108–276] 

A BILL

To amend the Public Health Service Act to reauthorize the National Bone Marrow Donor Registry, and for other purposes. 

SEPTEMBER 17, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed