PUBLIC LAW 101-616—NOV. 16, 1990 104 STAT. 3283 TITLE II—ORGAN TRANSPLANTS SEC. 201. ASSISTANCE FOR ORGAN PROCUREMENT ORGANIZATIONS. (a) SECTION HEADING.—Section 371 of the Public Health Service Act (42 U.S.C. 273) is amended in the section heading by striking "assistance for". (b) AUTHORITY REGARDING CERTAIN GRANTS.— (1) SPECIAL PROJECTS. — Section 371(a)(3) of the Act (42 U.S.C. 273(a)(3)) is amended by striking "may make grants for special projects" and inserting the following: 'may make grants to, and enter into contracts with, qualified organ procurement organizations described in subsection (b) and other nonprofit private entities for the purpose of carrying out special projects". (2) CONSIDERATIONS IN MAKING CERTAIN GRANTS. — Section 371(a) of the Act (42 U.S.C. 273(a)) is amended by striking paragraph (4). (c) SERVICE AREA OF QUALIFIED ORGAN PROCUREMENT ORGANI- ZATIONS.— (1) IN GENERAL.— Subparagraph (E) of section 371(b)(l) of the Act (42 U.S.C. 273(b)(1)(E)) is amended to read as follows: "(E) has a defined service area that is of sufficient size to assure maximum effectiveness in the procurement and equitable distribution of organs, and that either includes an entire metropolitan statistical area (as specified by the Director of the Office of Management and Budget) or does not include any part of the area,". (2) CONFORMING AMENDMENT.—Section 402(c)(3) of the Health Omnibus Programs Extension of 1988 (Public Law 100-607; 42 U.S.C. 273 note) is repealed. (d) EFFECTIVENESS REGARDING NUMBER OF ORGANS PROCURED. — Section 371(b) of the Public Health Service Act (42 U.S.C. 273(b)) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: "(2)(A) Not later than 90 days after the date of the enactment of Federal this paragraph, the Secretary shall publish in the Federal Register a Register, notice of proposed rulemaking to establish criteria for determining ^^ ^'^^ ^°"" whether an entity meets the requirement established in paragraph am. "(B) Not later than 1 year after the date of enactment of this paragraph, the Secretary shall publish in the Federal Register a final rule to establish the criteria described in subparagraph (A).". (e) TECHNICAL CORRECTION REGARDING PUBLIC LAW 100-607.— Section 402(c)(2) of the Health Omnibus Progranis Extension of 1988 (Public Law 100-607; 102 Stat. 3115) is amended by inserting "at the 42 USC 273. end" after "the comma". SEC. 202. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK. (a) MINIMUM QUALIFICATIONS OF CONTRACTOR. —Section 372G3)(1) of the Public Health Service Act (42 U.S.C. 27403)(1)) is amended— (1) in subparagraph (A), by striking "which is not engaged in any activity unrelated to organ procurement" and inserting "that has an expertise in organ procurement and transplantation"; and (2) in subparagraph (B), to read as follows:
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