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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4374 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4374

   To amend title 38, United States Code, to direct the Secretary of 
   Veterans Affairs to adopt and implement a standard identification 
protocol for use in the tracking and procurement of biological implants 
     by the Department of Veterans Affairs, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2014

Mr. Roe of Tennessee introduced the following bill; which was referred 
                 to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend title 38, United States Code, to direct the Secretary of 
   Veterans Affairs to adopt and implement a standard identification 
protocol for use in the tracking and procurement of biological implants 
     by the Department of Veterans Affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biological Implant Tracking and 
Veteran Safety Act of 2014''.

SEC. 2. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS USED IN 
              DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES.

    (a) In General.--Subchapter II of chapter 73 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Identification and tracking of biological implants
    ``(a) Standard Identification System for Biological Implants.--The 
Secretary shall adopt the unique device identification system developed 
for medical devices by the Food and Drug Administration pursuant to 
section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360i(f)), or implement a comparable standard identification system, for 
use in identifying biological implants intended for use in medical 
procedures conducted in medical facilities of the Department.
    ``(b) Biological Implant Tracking System.--(1) The Secretary shall 
implement a system for tracking the biological implants referred to in 
subsection (a) from donor to implantation. Such system shall be 
compatible with the identification system adopted or implemented under 
subsection (a).
    ``(2) The Secretary shall implement inventory controls compatible 
with the tracking system implemented under paragraph (1) so that all 
patients who have received, in a medical facility of the Department, a 
biological implant subject to a recall by the Food and Drug 
Administration can be notified of the recall, if based on the 
evaluation of appropriate medical personnel of the Department of the 
risks and benefits, the Secretary determines such notification is 
appropriate.
    ``(c) Consistency With Food and Drug Administration Regulations.--
To the extent that a conflict arises between this section and a 
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.) or sections 351 or 361 of the Public Health Service Act (42 
U.S.C. 262) (including any regulations issued under such Acts), the 
provision the Federal Food, Drug, and Cosmetic Act or Public Health 
Service Act (including any regulations issued under such Acts) shall 
apply.
    ``(d) Definition of Biological Implant.--In this section, the term 
`biological implant' means any human cell, tissue, or cellular or 
tissue-based product--
            ``(1) under the meaning given the term `human cells' in 
        section 1271.3 of title 21, Code of Federal Regulations, or any 
        successor regulation; or
            ``(2) that is regulated as a device under subpart A of part 
        801 of title 21, Code of Federal Regulations, or any successor 
        regulation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end of the items relating to 
such subchapter the following new item:

``7330B. Identification and tracking of biological implants.''.
    (c) Implementation Deadlines.--
            (1) Standard identification system.--
                    (A) In general.--With respect to biological 
                implants described in paragraph (1) of subsection (d) 
                of section 7330B of title 38, United States Code, as 
                added by subsection (a), the Secretary of Veterans 
                Affairs shall adopt or implement a standard 
                identification system for biological implants, as 
                required by subsection (a) of such section, by not 
                later than the date that is 180 days after the date of 
                the enactment of this Act.
                    (B) Implants regulated as devices.--With respect to 
                biological implants described in paragraph (2) of 
                subsection (d) of such section, the Secretary of 
                Veterans Affairs shall adopt or implement such standard 
                identification system in compliance with the compliance 
                dates established by the Food and Drug Administration 
                pursuant to section 519(f) of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 360i(f)).
            (2) Tracking system.--The Secretary of Veterans Affairs 
        shall implement the biological implant tracking system required 
        by subsection (b) of section 7330B, as added by subsection (a), 
        by not later than the date that is 180 days after the date of 
        the enactment of this Act.
    (d) Reporting Requirement.--If the biological implant tracking 
system required by subsection (b) of such section is not operational by 
the date that is 180 days after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall provide to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a written 
explanation for each month until such time as the system is 
operational. Each such explanation shall describe each impediment to 
the implementation of the system, steps being taken to remediate each 
such impediment, and target dates for a solution to each such 
impediment.

SEC. 3. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF 
              VETERANS AFFAIRS MEDICAL FACILITIES.

    (a) Procurement.--
            (1) In general.--Subchapter II of chapter 81 of such title 
        is amended by adding at the end the following new section:
``Sec. 8129. Procurement of biological implants
    ``(a) In General.--(1) The Secretary may procure biological 
implants only from vendors that meet the following conditions:
            ``(A) The vendor uses the standard identification system 
        adopted or implemented by the Secretary under section 7330B(a) 
        of this title and has safeguards to ensure that a production 
        identifier has been in place at each step of distribution of 
        each biological implant from its donor.
            ``(B) The vendor is registered with the Food and Drug 
        Administration under subpart B of part 1271 of title 21, Code 
        of Federal Regulations, or any successor regulation, and in the 
        case of a vendor that uses tissue distribution intermediaries, 
        the vendor uses only tissue distribution intermediaries that 
        are appropriately registered with the Food and Drug 
        Administration.
            ``(C) The vendor ensures that donor eligibility 
        determinations and such other records as the Secretary may 
        require accompany each biological implant at all times, 
        regardless of the country of origin of the donor of the 
        biological material.
            ``(D) The vendor consents to periodic inspections and 
        audits by the Department of Veterans Affairs regarding the 
        accuracy of records and the handling of products.
            ``(E) The vendor agrees to cooperate with all biological 
        implant recalls conducted on the vendor's own initiative, by 
        the request of the Food and Drug Administration, or by a 
        statutory order of the Food and Drug Administration.
            ``(F) The vendor agrees to provide to the Secretary any 
        adverse event report or warning letter of the Food and Drug 
        Administration issued to the vendor by not later than 30 days 
        after the vendor receives such report or warning letter.
            ``(G) The vendor agrees to retain all records associated 
        with the procurement of a biological implant by the Department 
        for at least five years after the date of the procurement of 
        the biological implant.
            ``(H) The vendor maintains active accreditation with the 
        American Association of Tissue Banks or a similar national 
        accreditation specific to biological implants.
    ``(2) The Secretary shall procure biological implants under the 
Federal Supply Schedules of the General Services Administration, unless 
such implants are not available under such Schedules. For biological 
implants listed on the Federal Supply Schedules, the Secretary shall 
accommodate reasonable vendor requests to undertake outreach efforts to 
educate medical professionals of the Department about the use and 
efficacy of such biological implants.
    ``(3) Section 8123 of this title shall not apply to the procurement 
of biological implants.
    ``(4) In the case of biological implants that are unavailable for 
procurement under the Federal Supply Schedules, the Secretary shall 
procure such implants using competitive procedures in accordance with 
applicable law and the Federal Acquisition Regulation.
    ``(b) Penalties.--In addition to any applicable penalty under any 
other provision of law, any procurement employee of the Department who 
is found responsible for a biological implant procurement transaction 
with intent to avoid or with reckless disregard of the requirements of 
this section shall be ineligible to hold a certificate of appointment 
as a contracting officer or to serve as the representative of an 
ordering officer, contracting officer, or purchase card holder.
    ``(c) Definitions.--In this section:
            ``(1) The term `biological implant' shall have the meaning 
        given such term in section 7330B(d) of this title.
            ``(2) The term `production identifier' means a distinct 
        identification code that--
                    ``(A) relates a biological implant to the donor of 
                the implant and to all records pertaining to the 
                implant;
                    ``(B) includes information designed to facilitate 
                effective tracking, using the distinct identification 
                code, from the donor to the recipient and from the 
                recipient to the donor; and
                    ``(C) satisfies the requirements of subsection (c) 
                of section 1271.290 of title 21, Code of Federal 
                Regulations, or any successor regulation.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end of 
        the items relating to such subchapter the following new item:

``8129. Procurement of biological implants.''.
    (b) Effective Date.--Section 8129 of title 38, United States Code, 
as added by subsection (a), shall take effect on the date that is 180 
days after the date on which the tracking system required under 
subsection (b) of section 7330B of such title, as added by section 2(a) 
is implemented.
    (c) Special Rule for Cryopreserved Products.--During the three-year 
period beginning on the effective date of section 8129 of title 38, 
United States Code, as added by subsection (a), biological implants 
produced and labeled before that date may be procured by the Department 
of Veterans Affairs without relabeling under the standard 
identification system adopted or implemented under section 7330B of 
such title, as added by section 2(a).
                                 <all>
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