H.R. 5259 – Permanent OPTN Fee Authority Act

AI-Generated Summary

Updated November 23, 2025 at 10:09 PM UTC

The Permanent OPTN Fee Authority Act gives the Health and Human Services Secretary the power to collect registration fees from members of the Organ Procurement and Transplantation Network for each transplant candidate they list. The fees are earmarked to support the network’s operations, with rules for how they are collected, allocated, and reported. The bill also requires greater transparency through quarterly website disclosures and a GAO review, and it encourages the creation of a dashboard to provide up‑to‑date transplant statistics.

Key Provisions

The Secretary of Health and Human Services may charge each OPTN member a registration fee for every transplant candidate they place on the OPTN waiting list.
Collected fees must be used only to fund the operation of the Organ Procurement and Transplantation Network and may be kept until spent.
Fees can be collected directly by the Secretary or through existing award mechanisms, and are credited to HHS discretionary offsetting collections, then distributed to awardees as authorized by appropriations laws.
The Secretary must post, on the OPTN website, the amount of fees each member pays and how the fees are used, updating this information each calendar quarter.
Within two years of enactment, the Government Accountability Office must review the fee program and report findings and recommendations to the relevant Senate and House committees.
The law adds a new requirement for the OPTN to consider creating a dashboard that regularly displays transplant numbers, types, organ entries, failures to transplant, and other statistics.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

September 10, 2025

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HouseIntro Referral

Introduced in House

September 10, 2025

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

September 10, 2025

Bill Text

Latest available legislative text

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Introduced in HouseIssued September 10, 2025

I

119th CONGRESS

1st Session

H. R. 5259

IN THE HOUSE OF REPRESENTATIVES

September 10, 2025

Mr. Costa (for himself and Ms. Van Duyne) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To authorize the Secretary of Health and Human Services to collect registration fees from members of the Organ Procurement and Transplantation Network, and for other purposes.

1.

Short title

This Act may be cited as the Permanent OPTN Fee Authority Act.

2.

Organ Procurement and Transplantation Network

Section 372 of the Public Health Service Act (42 U.S.C. 274) is amended—

(1)

in subsection (b)(2)—

(A)

by moving the margins of subparagraphs (M) through (O) 2 ems to the left;

(B)

in subparagraph (A)—

(i)

in clause (i), by striking , and and inserting ; and; and

(ii)

in clause (ii), by striking the comma at the end and inserting a semicolon;

(C)

in subparagraph (C), by striking twenty-four-hour telephone service and inserting 24-hour telephone or information technology service;

(D)

in each of subparagraphs (B) through (M), by striking the comma at the end and inserting a semicolon;

(E)

in subparagraph (N), by striking transportation, and and inserting transportation;;

(F)

in subparagraph (O), by striking the period and inserting ; and; and

(G)

by adding at the end the following:

(P)

consider establishing a dashboard to display the number of transplants performed, the types of transplants performed, the number and types of organs that entered the Organ Procurement and Transplantation Network system and failed to be transplanted, and other appropriate statistics, which should be updated more frequently than annually.

; and

(2)

by adding at the end the following:

(d)

Registration fees

(1)

In general

The Secretary may collect registration fees from any member of the Organ Procurement and Transplantation Network for each transplant candidate such member places on the list described in subsection (b)(2)(A)(i). Such registration fees shall be collected and distributed only to support the operation of the Organ Procurement and Transplantation Network. Such registration fees are authorized to remain available until expended.

(2)

Collection

The Secretary may collect the registration fees under paragraph (1) directly or through awards made under subsection (b)(1)(A).

(3)

Distribution

Any amounts collected under this subsection shall—

(A)

be credited to the currently applicable appropriation, account, or fund of the Department of Health and Human Services as discretionary offsetting collections; and

(B)

be available, only to the extent and in the amounts provided in advance in appropriations Acts, to distribute such fees among awardees described in subsection (b)(1)(A).

(4)

Transparency

The Secretary shall—

(A)

promptly post on the website of the Organ Procurement and Transplantation Network—

(i)

the amount of registration fees collected under this subsection from each member of the Organ Procurement and Transplantation Network; and

(ii)

a list of activities such fees are used to support; and

(B)

update the information posted pursuant to subparagraph (A), as applicable for each calendar quarter for which fees are collected under paragraph (1).

(5)

GAO review

Not later than 2 years after the date of enactment of this subsection, the Comptroller General of the United States shall, to the extent data are available—

(A)

conduct a review concerning the activities under this subsection; and

(B)

submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on such review, including related recommendations, as applicable.

.