
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC274b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                        Part H--Organ Transplants
 
Sec. 274b. General provisions respecting grants and contracts


(a) Application requirement

    No grant may be made under this part or contract entered into under 
section 274 or 274a of this title unless an application therefor has 
been submitted to, and approved by, the Secretary. Such an application 
shall be in such form and shall be submitted in such manner as the 
Secretary shall by regulation prescribe.

(b) Special considerations and priority; planning and establishment 
        grants

    (1) A grant for planning under section 273(a)(1) of this title may 
be made for one year with respect to any organ procurement organization 
and may not exceed $100,000.
    (2) Grants under section 273(a)(2) of this title may be made for two 
years. No such grant may exceed $500,000 for any year and no organ 
procurement organization may receive more than $800,000 for initial 
operation or expansion.
    (3) Grants or contracts under section 273(a)(3) of this title may be 
made for not more than 3 years.

(c) Determination of grant amount; terms of payment; recordkeeping; 
        access for purposes of audits and examination of records

    (1) The Secretary shall determine the amount of a grant or contract 
made under section 273 or 274a of this title. Payments under such grants 
and contracts may be made in advance on the basis of estimates or by the 
way of reimbursement, with necessary adjustments on account of 
underpayments or overpayments, and in such installments and on such 
terms and conditions as the Secretary finds necessary to carry out the 
purposes of such grants and contracts.
    (2)(A) Each recipient of a grant or contract under section 273 or 
274a of this title shall keep such records as the Secretary shall 
prescribe, including records which fully disclose the amount and 
disposition by such recipient of the proceeds of such grant or contract, 
the total cost of the undertaking in connection with which such grant or 
contract was made, and the amount of that portion of the cost of the 
undertaking supplied by other sources, and such other records as will 
facilitate an effective audit.
    (B) The Secretary and the Comptroller General of the United States, 
or any of their duly authorized representatives, shall have access for 
the purpose of audit and examination to any books, documents, papers, 
and records of the recipient of a grant or contract under section 273 or 
274a of this title that are pertinent to such grant or contract.

(d) ``Transplant center'' and ``organ'' defined

    For purposes of this part:
        (1) The term ``transplant center'' means a health care facility 
    in which transplants of organs are performed.
        (2) The term ``organ'' means the human kidney, liver, heart, 
    lung, pancreas, and any other human organ (other than corneas and 
    eyes) specified by the Secretary by regulation and for purposes of 
    section 274a of this title, such term includes bone marrow.

(July 1, 1944, ch. 373, title III, Sec. 374, as added Pub. L. 98-507, 
title II, Sec. 201, Oct. 19, 1984, 98 Stat. 2345; amended Pub. L. 100-
607, title IV, Sec. 402(b), Nov. 4, 1988, 102 Stat. 3114; Pub. L. 101-
616, title II, Sec. 203, Nov. 16, 1990, 104 Stat. 3284.)


                            Prior Provisions

    A prior section 374 of act July 1, 1944, added by act Aug. 3, 1956, 
ch. 907, Sec. 1, 70 Stat. 961, which related to acceptance and 
administration of gifts to National Library of Medicine and to 
establishment of memorials to donors, was renumbered section 384 and 
classified to section 278 of this title, prior to repeal by Pub. L. 99-
158, Sec. 3(b), Nov. 20, 1985, 99 Stat. 879.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-616, Sec. 203(1), substituted ``No 
grant may be made under this part'' for ``No grant may be made under 
section 273 or 274a of this title''.
    Subsec. (b). Pub. L. 101-616, Sec. 203(2), redesignated par. (2) as 
(1) and substituted ``section 273(a)(1)'' for ``section 273'', struck 
out former par. (1) which set forth factors in considering applications 
for section 273 grants, redesignated par. (3) as (2) and substituted 
``section 273(a)(2)'' for ``paragraphs (2) and (3) of section 273(a)'', 
and added par. (3).
    Subsec. (c). Pub. L. 101-616, Sec. 203(3), inserted ``or contract'' 
after ``grant'' wherever appearing and ``and contracts'' after 
``grants'' wherever appearing.
    1988--Subsec. (b)(3). Pub. L. 100-607 substituted ``paragraphs (2) 
and (3) of section 273(a) of this title'' for ``section 273 of this 
title for the establishment, initial operation, or expansion of organ 
procurement organizations''.
