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 ex-
tent 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
entity in its service area that has facilities for organ
donations, the organization shall have an effective
agreement with the entity under which the entity
identifies potential organ donors and notifies the or-
ganization, subject to clause (ii).
‘‘(ii) The Secretary may waive the requirement
of clause (i) to the extent determined by the Sec-
retary to be necessary to promote organ donation
and the equitable 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’’ be-
fore the first word of the subparagraph;
(iii) in each of subparagraphs (B) through
(I), by striking the comma at the end and in-
serting 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) allo-
cates each type of organ on the basis of a single list,
maintained exclusively by the organization, of indi-
viduals who have been medically referred to a trans-
plant 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 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)
regarding a single list if the Secretary determines
that the waiver is necessary to ensure the equitable
allocation of organs of the type involved and maxi-
mize the opportunities for successful outcomes of
transplants of such organs.’’; and
(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