(D) in subparagraph (H), by striking ‘‘par-
ticipate’’ and all that follows through ‘‘372’’
and inserting the following: ‘‘be a member of,
and abide by the rules and requirements of, the
Organ Procurement and Transplantation Net-
work 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—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking
‘‘and’’ after the comma at the end; and
(B) by striking subparagraph (B) and in-
serting the following subparagraphs:
‘‘(B) have a board of directors composed of not
more than 32 members, whose membership in-
cludes—
‘‘(i) representatives of organ procurement
organizations, transplant centers, and voluntary
health associations; and
‘‘(ii) individuals who have received a trans-
plant 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 indi-
viduals who have been so referred), which indi-
viduals shall in the aggregate constitute not less
than 1⁄3 of the membership of the board; and
‘‘(C) establish, through such board of directors,
an executive committee and other committees, the
chairs of which shall be selected to ensure continuity
of leadership for the board.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘shall—’’ in the matter
preceding subparagraph (A) and all that follows
through the end of clause (i) of such subpara-
graph and inserting the following: ‘‘shall—
‘‘(A) establish (in one location or through re-
gional centers)—
‘‘(i) with respect to each type of organ—
‘‘(I) a national list of individuals who
have been medically referred to receive a
transplant of the type of organ with re-
spect to which the list is maintained and
who are citizens or permanent resident
aliens of the United States (which list shall
include the names of all individuals in-
cluded on lists in effect under section
371(b)(3)(E)), and
‘‘(II) a national list of individuals who
have been so referred and who are in the
United States but are not such citizens or
such aliens, and’’; and
(B)(i) in subparagraph (J), by striking
‘‘and’’ after the comma at the end;
(ii) in subparagraph (K), by striking the
period at the end and inserting a comma;
(iii) in subparagraph (L), by striking the
period at the end and inserting a comma; and
(iv) by adding at the end the following sub-
paragraphs:
‘‘(M) establish the condition that, with respect
to the type of organ involved, the list under
subclause (II) of subparagraph (A)(i) may be consid-
ered in allocating an organ only if no individual on
the list under subclause (I) of such subparagraph is
a medically appropriate recipient for the organ,
‘‘(N) submit to the Secretary for review and ap-
proval any change in the amount of fees imposed by
the Network for the registration of individuals on
the lists maintained under subparagraph (A)(i)
(which change is deemed to be approved if the Sec-
retary does not provide otherwise before the expira-
tion of the 30-day period beginning on the date on
which the change is submitted to the Secretary),
‘‘(O) make available to the Secretary such in-
formation, books, and records regarding the Net-
work as the Secretary may require, and
‘‘(P) meet such criteria regarding compliance
with this part as the Secretary may establish.’’.
SEC. 4. NATIONAL BONE MARROW DONOR REGISTRY.
(a) IN GENERAL.—
(1) TRANSFER OF PROGRAM.—Section 379(a)
of the Public Health Service Act (42 U.S.C.
274k(a)) is amended in the first sentence by insert-
ing after ‘‘Secretary’’ the following: ‘‘, acting
through the Administrator of the Health Resources
and Services Administration,’’.
(2) TRANSITIONAL AND SAVINGS PROVISIONS.—
(A) With respect to amounts made avail-
able under appropriations Acts for the purpose
of carrying out the program transferred pursu-
ant to paragraph (1) from the National Insti-
tutes of Health, the transfer of the program
may not be construed as affecting the availabil-
ity of such amounts for such purpose.