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42 U.S.C. § 274bGeneral provisions respecting grants and contracts

submitted 82 years ago by Pub. L. 98-507 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 468 words · no verdicts yet

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Grants and contracts under sections 273, 274, and 274a require an approved application, and come with dollar and time limits depending on the grant type. Recipients must keep detailed records open to audit by the Secretary and the Comptroller General. This section also defines transplant center and organ.

(a) Application requirement: No grant under this part, and no contract under section 274 or 274a, can be made unless an application has been submitted to and approved by the Secretary, in whatever form and manner the Secretary requires by regulation. (b) Special considerations and priority; planning and establishment grants: (1) A planning grant under section 273(a)(1) can run for one year and cannot exceed $100,000 for any organ procurement organization. (2) Grants under section 273(a)(2) can run for two years; no single year's grant can exceed $500,000, and no organ procurement organization can get more than $800,000 total for initial operation or expansion. (3) Grants or contracts under section 273(a)(3) can run for up to 3 years. (c) Determination of grant amount; terms of payment; recordkeeping; access for audits: (1) The Secretary decides the dollar amount of each grant or contract under section 273 or 274a. Payments can be made in advance based on estimates, or as reimbursement, with adjustments for under- or over-payment, in whatever installments and terms the Secretary finds necessary. (2)(A) Every recipient of a grant or contract under section 273, 274, or 274a must keep records the Secretary requires — including records fully showing how the money was spent, the total project cost, and how much of that cost other sources paid, plus anything else needed for an effective audit. (B) The Secretary and the Comptroller General (or their authorized representatives) can access any of the recipient's books, documents, papers, and records connected to that grant or contract, for audit and examination. (d) "Transplant center" and "organ" defined: (1) "Transplant center" means a health care facility where organ transplants are performed. (2) "Organ" means the human kidney, liver, heart, lung, pancreas, and any other human organ the Secretary specifies by regulation — but not corneas or eyes; for purposes of section 274a, "organ" also includes bone marrow.
the actual law source: uscode.house.gov ↗public domain
(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, 274, 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, 274, 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.

Source credit: (July 1, 1944, ch. 373, title III, § 374, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2345; amended Pub. L. 100–607, title IV, § 402(b), Nov. 4, 1988, 102 Stat. 3114; Pub. L. 101–616, title II, § 203, Nov. 16, 1990, 104 Stat. 3284; Pub. L. 118–14, § 3(2), Sept. 22, 2023, 137 Stat. 69.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 98-507 · 98 Stat. 2345
  • 1988Amended · Pub. L. 100-607 · 102 Stat. 3114
  • 1990Amended · Pub. L. 101-616 · 104 Stat. 3284
  • 2023Amended · Pub. L. 118-14 · 137 Stat. 69

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-507 on 1944-07-01.

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