SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Organ and Bone
Marrow Transplantation Amendments of 1993’’.
SEC. 2. ORGAN PROCUREMENT ORGANIZATIONS.
(a) IN GENERAL.—Section 371(a) of the Public Health
Service Act (42 U.S.C. 273(a)) is amended—
(1) by striking paragraphs (2) and (3); and
(2) by inserting after paragraph (1) the follow-
ing paragraph:
‘‘(2)(A) The Secretary may make grants to, and enter
into contracts with, qualified organ procurement organiza-
tions described in subsection (b) and other public or non-
profit private entities for the purpose of—
‘‘(i) planning and conducting programs to pro-
vide information and education to the public on the
need for organ donations; and
‘‘(ii) training individuals in requesting such do-
nations.
‘‘(B) In making awards of grants and contracts under
subparagraph (A), the Secretary shall give priority to car-
rying out the purpose described in such subparagraph with
respect to minority populations.’’.
(b) REQUIREMENTS REGARDING QUALIFIED ORGAN
PROCUREMENT ORGANIZATIONS.—Section 371(b) of the
Public Health Service Act (42 U.S.C. 273(b)) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A)—
(i) by striking ‘‘organization for which
grants may be made under subsection (a)
is’’ and inserting ‘‘organization described in
this subsection is’’; and
(ii) by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraph (3)’’;
(B) in subparagraph (E), by moving the
subparagraph 2 ems to the left; and
(C) in subparagraph (G)—
(i) in the matter preceding clause (i),
by striking ‘‘has a board of directors or an
advisory board which’’ and inserting the
following: ‘‘has a board of directors (or an
advisory board, in the case of a hospital-
based organization) which’’; and
(ii) in clause (i)(II), by striking
‘‘members’’ and all that follows and insert-
ing the following: ‘‘individuals who have re-
ceived a transplant of an organ, individuals
who are part of the family of an individual
who has donated an organ, and individuals
who have been medically referred to receive
a transplant of an organ (or individuals
who are part of the family of individuals
who have been so referred), which individ-
uals shall in the aggregate constitute not
less than 1⁄3 of the membership of the board
and which members shall, to the extent
practicable, be residents of the service area
involved,’’; and
(2) in paragraph (3)—
(A) in subparagraph (A), by amending the
subparagraph to read as follows:
‘‘(A)(i) With respect to each hospital or other en-
tity in its service area that has facilities for organ do-
nations, the organization shall have an effective agree-
ment with the entity under which the entity identifies
potential organ donors and notifies the organization,
subject to clause (ii).
‘‘(ii) The Secretary may waive the requirement
of clause (i) to the extent determined by the Secretary
to be necessary to promote organ donation and the eq-
uitable allocation of organs.’’;
(B)(i) in the matter preceding subpara-
graph (A), by striking ‘‘shall—’’ and inserting
‘‘shall comply with the following:’’;
(ii) in each of subparagraphs (B) through
(K), by inserting ‘‘The organization shall’’ before
the first word of the subparagraph;
(iii) in each of subparagraphs (B) through
(I), by striking the comma at the end and insert-
ing a period; and
(iv) in subparagraph (J), by striking ‘‘,
and’’ and inserting a period;
(C) in subparagraph (E)—
(i) by inserting ‘‘(i)’’ after the sub-
paragraph designation; and
(ii) by adding at the end the following
clauses:
‘‘(ii) The organization shall, subject to clause
(iii), ensure that the system under clause (i) allocates
each type of organ on the basis of a single list, main-
tained exclusively by the organization, of individuals
who have been medically referred to a transplant cen-
ter in the service area of the organization in order to
receive a transplant of the type of organ with respect
to which the list is maintained, and who are citizens
or permanent resident aliens of the United States.
‘‘(iii) Upon the request of the organization, the
Secretary may, with respect to the service area of the
organization, waive the requirement of clause (ii) re-