‘‘(E) The vendor agrees to retain all records as-
sociated with the procurement of a biological implant 
by the Department for at least 10 years after the 
date of the procurement of the biological implant. 
‘‘(3)(A) The Secretary shall procure biological im-
plants under the Federal Supply Schedules of the General 
Services Administration unless such implants are not 
available under such Schedules. 
‘‘(B) With respect to biological implants listed on the 
Federal Supply Schedules, the Secretary shall accommo-
date reasonable vendor requests to undertake outreach ef-
forts to educate medical professionals of the Department 
about the use and efficacy of such biological implants. 
‘‘(C) In the case of biological implants that are un-
available 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, including through 
the use of a national contract. 
‘‘(4) In procuring biological implants under this sec-
tion, the Secretary shall permit a vendor to use any of 
the accredited entities identified by the Food and Drug 
Administration as an issuing agency pursuant to section 
830.100 of title 21, Code of Federal Regulations, or any 
successor regulation. 
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‘‘(5) Section 8123 of this title shall not apply to the 
procurement of biological implants. 
‘‘(b) PENALTIES.—In addition to any applicable pen-
alty 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 ap-
pointment as a contracting officer or to serve as the rep-
resentative of an ordering officer, contracting officer, or 
purchase card holder. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘biological implant’ has the 
meaning given that term in section 7330C(d) of this 
title. 
‘‘(2) The term ‘distinct identifier’ means a dis-
tinct identification code that— 
‘‘(A) relates a biological implant to the 
human donor of the implant and to all records 
pertaining to the implant; 
‘‘(B) includes information designed to fa-
cilitate effective tracking, using the distinct 
identification code, from the donor to the recipi-
ent and from the recipient to the donor; and 
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‘‘(C) satisfies the requirements of section 
1271.290(c) of title 21, Code of Federal Regu-
lations, or any successor regulation. 
‘‘(3) The term ‘tissue distribution intermediary’ 
means an agency that acquires and stores human 
tissue for further distribution and performs no other 
tissue banking functions. 
‘‘(4) The term ‘tissue processor’ means an enti-
ty processing human tissue for use in biological im-
plants, including activities performed on tissue other 
than donor screening, donor testing, tissue recovery 
and collection functions, storage, or distribution.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 81 is amended by 
inserting after the item relating to section 8128 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 section 7330C(b) of 
such title, as added by section 2(a), is implemented. 
(c) SPECIAL RULE
FOR CRYOPRESERVED PROD-
UCTS.—During the three-year period beginning on the ef-
fective date of section 8129 of title 38, United States 
Code, as added by subsection (a), biological implants pro-
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duced and labeled before that effective date may be pro-
cured by the Department of Veterans Affairs without re-
labeling under the standard identification system adopted 
or implemented under section 7330C of such title, as 
added by section 2(a). 
SEC. 4. FUNDING. 
No additional funds are authorized to carry out the 
requirements of this Act and the amendments made by 
this Act. Such requirements shall be carried out using 
amounts otherwise authorized. 
Æ 
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