the actions taken by the Secretary to implement changes
consistent with the findings.
SEC. 10. ISSUANCE OF REGULATIONS.
(a) ORGAN PROCUREMENT AND TRANSPLANTATION
NETWORK.—
(1) IN GENERAL.—
(A) Not later than the expiration of the
90-day period beginning on the date of the en-
actment of this Act, the Secretary of Health
and Human Services (in this section referred to
as the ‘‘Secretary’’) shall issue a proposed rule
to establish regulations for criteria under part
A of title XVIII of the Public Health Service
Act (as added by section 6(a) of this Act).
(B) Not later than the expiration of the 1-
year period beginning on the date of the enact-
ment of this Act, the Secretary shall issue a
final rule to establish the regulations described
in subparagraph (A).
(2) CONSIDERATION OF CERTAIN BYLAWS AND
POLICIES.—In developing regulations under para-
graph (1), the Secretary shall consider the bylaws
and policies of the United Network for Organ Shar-
ing (established by contract under section 1802 of
the Public Health Service Act, as redesignated by
section 6(a) of this Act), as contained in the docu-
ment entitled ‘‘Bylaws and Policies of the United
Network for Organ Sharing’’.
(3) FAILURE TO ISSUE REGULATIONS BY DATE
CERTAIN.—If the Secretary fails to issue a final rule
under subparagraph (B) of paragraph (1) before the
expiration of the period specified in such subpara-
graph—
(A) the proposed rule issued under sub-
paragraph (A) of such paragraph is upon such
expiration deemed to be the final rule under
subparagraph (B) of such paragraph (and shall
remain in effect until the Secretary issues a
final rule under such subparagraph); or
(B) if no such proposed rule is issued be-
fore such expiration, the bylaws and policies
specified in paragraph (2) and in effect upon
such expiration are deemed to be the final rule
under paragraph (1)(B) (and shall remain in
effect until the Secretary issues a final rule
under such paragraph).
(b) NATIONAL BONE MARROW DONOR REGISTRY.—
(1) IN GENERAL.—
(A) Not later than the expiration of the
90-day period beginning on the date of the en-
actment of this Act, the Secretary shall issue a
proposed rule to establish regulations for stand-
ards, criteria, and procedures under part B of
title XVIII of the Public Health Service Act (as
added by section 6(a) of this Act).
(B) Not later than the expiration of the 1-
year period beginning the date of the enactment
of this Act, the Secretary shall issue a final rule
to establish the regulations described in sub-
paragraph (A).
(2) CONSIDERATION OF CERTAIN BYLAWS AND
POLICIES.—In developing regulations under para-
graph (1), the Secretary shall consider the bylaws
and policies of the entity that operates the National
Bone Marrow Donor Registry pursuant to a contract
under section 1811 of the Public Health Service Act
(as redesignated by section 6(a) of this Act).
(3) FAILURE TO ISSUE REGULATIONS BY DATE
CERTAIN.—If the Secretary fails to issue a final rule
under subparagraph (B) of paragraph (1) before the
expiration of the period specified in such subpara-
graph—
(A) the proposed rule issued under sub-
paragraph (A) of such paragraph is upon such
expiration deemed to be the final rule under