II 

118TH CONGRESS 

2D SESSION S. 5437 

To authorize the Secretary of Health and Human Services to collect registration fees from members of the Organ Procurement and Transplantation 

Network. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 5, 2024 

Mr. GRASSLEY (for himself and Mr. CASSIDY) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To authorize the Secretary of Health and Human Services 

to collect registration fees from members of the Organ 

Procurement and Transplantation Network. 

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 ‘‘OPTN Fee Collection 

5 Authority Act’’. 

6 SEC. 2. ORGAN PROCUREMENT AND TRANSPLANTATION 

7 NETWORK REGISTRATION FEES. 

8 Section 372 of the Public Health Service Act (42 

9 U.S.C. 274) is amended— 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 5437 IS

1 (1) in subsection (b)(2)— 

2 (A) by moving the margins of subpara3 graphs (M) through (O) 2 ems to the left; 

4 (B) in subparagraph (A)— 

5 (i) in clause (i), by striking ‘‘, and’’ 

6 and inserting ‘‘; and’’; and 

7 (ii) in clause (ii), by striking the 

8 comma at the end and inserting a semi9 colon; 

10 (C) in subparagraph (C), by striking 

11 ‘‘twenty-four-hour telephone service’’ and in12 serting ‘‘24-hour telephone or information tech13 nology service’’; 

14 (D) in each of subparagraphs (B) through 

15 (M), by striking the comma at the end and in16 serting a semicolon; 

17 (E) in subparagraph (N), by striking 

18 ‘‘transportation, and’’ and inserting ‘‘transpor19 tation;’’; 

20 (F) in subparagraph (O), by striking the 

21 period and inserting a semicolon; and 

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

23 ‘‘(P) encourage the integration of elec24 tronic health records systems through applica25 tion programming interfaces (or successor techVerDate Sep 11 2014 00:11 Dec 31, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5437.IS S5437

ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 5437 IS

1 nologies) among hospitals, organ procurement 

2 organizations, and transplant centers, including 

3 the use of automated electronic hospital refer4 rals and the grant of remote, electronic access 

5 to hospital electronic health records of potential 

6 donors by organ procurement organizations; 

7 ‘‘(Q) consider establishing a dashboard to 

8 display the number of transplants performed, 

9 the types of transplants performed, the number 

10 and types of organs that entered the Organ 

11 Procurement and Transplantation Network sys12 tem and failed to be transplanted, and other 

13 appropriate statistics, which should be updated 

14 more frequently than annually; and 

15 ‘‘(R) ensure compliance with the HIPAA 

16 privacy regulations (as defined in section 

17 1180(b)(3) of the Social Security Act), as appli18 cable, subject to regular audits by the Office for 

19 Civil Rights of the Department of Health and 

20 Human Services.’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(d) REGISTRATION FEES.— 

23 ‘‘(1) IN GENERAL.—The Secretary may collect 

24 registration fees from any member of the Organ 

25 Procurement and Transplantation Network for each 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 5437 IS

1 transplant candidate such member places on the list 

2 described in subsection (b)(2)(A)(i). Such registra3 tion fees shall be collected and distributed only to 

4 support the operation of the Organ Procurement 

5 and Transplantation Network. Such registration fees 

6 are authorized to remain available until expended. 

7 ‘‘(2) COLLECTION.—The Secretary may collect 

8 the registration fees under paragraph (1) directly or 

9 through awards made under subsection (b)(1)(A). 

10 ‘‘(3) DISTRIBUTION.—Any amounts collected 

11 under this subsection shall— 

12 ‘‘(A) be credited to the currently applicable 

13 appropriation, account, or fund of the Depart14 ment of Health and Human Services as discre15 tionary offsetting collections; and 

16 ‘‘(B) be available, only to the extent and in 

17 the amounts provided in advance in appropria18 tions Acts, to distribute such fees among the 

19 awardees described in subsection (b)(1)(A). 

20 ‘‘(4) TRANSPARENCY.—The Secretary shall— 

21 ‘‘(A) promptly post on the website of the 

22 Organ Procurement and Transplantation Net23 work— 

24 ‘‘(i) the amount of registration fees 

25 collected under this subsection from each 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 5437 IS

1 member of the Organ Procurement and 

2 Transplantation Network; and 

3 ‘‘(ii) a list of activities such fees are 

4 used to support; and 

5 ‘‘(B) update the information posted pursu6 ant to subparagraph (A), as applicable for each 

7 calendar quarter for which fees are collected 

8 under paragraph (1). 

9 ‘‘(5) GAO REVIEW.—Not later than 2 years 

10 after the date of enactment of this subsection, the 

11 Comptroller General of the United States shall, to 

12 the extent data are available— 

13 ‘‘(A) conduct a review concerning the ac14 tivities under this subsection; and 

15 ‘‘(B) submit to the Committee on Health, 

16 Education, Labor, and Pensions and the Com17 mittee on Finance of the Senate and the Com18 mittee on Energy and Commerce of the House 

19 of Representatives, a report on such review, in20 cluding related recommendations, as applicable. 

21 ‘‘(6) SUNSET.—The authority to collect reg22 istration fees under paragraph (1) shall expire on 

23 the date that is 5 years after the date of enactment 

24 of the OPTN Fee Collection Authority Act.’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS