I
103D CONGRESS
1ST SESSION
H. R. 2659
To amend the Public Health Service Act to revise and extend programs
relating to the transplantation of organs and of bone marrow.
IN THE HOUSE OF REPRESENTATIVES
JULY 15, 1993
Mr. WAXMAN (for himself, Mr. HALL of Texas, Mr. ROWLAND, Mr. TOWNS,
Mr. UPTON, Mr. KLUG, and Mr. FRANKS of Connecticut) introduced the
following bill; which was referred to the Committee on Energy and Com-
merce
A BILL
To amend the Public Health Service Act to revise and extend
programs relating to the transplantation of organs and
of bone marrow.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Organ and Bone Mar-
row 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 carrying out the purpose described in such subpara-
graph 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 amend-
ed—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘organization for which grants
may be made under subsection (a) is’’ and in-
serting ‘‘organization described in this sub-
section is’’;
(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: ‘‘both individuals who
have received a transplant of an organ,
and individuals who are part of the family
of an individual who has donated an organ,
which individuals shall 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 striking ‘‘have
effective agreements’’ and all that follows and
inserting the following: ‘‘with respect to each
hospital or other entity in its service area that
has facilities for organ donations, have an effec-
tive agreement with the entity under which the
entity identifies potential organ donors and no-
tifies the organ procurement organization,’’;
(B) in subparagraph (E), by inserting be-
fore the comma at the end the following: ‘‘,
which system shall allocate each type of organ
on the basis of a single list, maintained exclu-
sively by the organ procurement organization,
of individuals who have been medically referred
to a transplant center 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 perma-
nent resident aliens of the United States’’; and
(C) in subparagraph (H), by striking ‘‘par-
ticipate’’ and all that follows and inserting the
following: ‘‘be a member of, and abide by the
rules and requirements of, the Organ Procure-
ment and Transplantation Network established
under section 372,’’.
SEC. 3. ORGAN PROCUREMENT AND TRANSPLANTATION
NETWORK.
Section 372(b) of the Public Health Service Act (42
U.S.C. 274(b)) is amended—