S. 2751 – Permanent OPTN Fee Authority Act

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Updated November 23, 2025 at 10:07 PM UTC

The Permanent OPTN Fee Authority Act gives the HHS 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 solely for running the OPTN, with requirements for quarterly public reporting and a GAO review after two years. The bill also directs the OPTN to explore a dashboard that provides more frequent transplant statistics.

Key Provisions

The Secretary of Health and Human Services may charge each Organ Procurement and Transplantation Network (OPTN) member a registration fee for every transplant candidate they place on the OPTN waiting list.
Collected fees must be used only to support the operation of the OPTN and can be kept until spent.
Fees are to be credited to HHS discretionary offsetting collections and may be distributed to awardees only if appropriated by Congress.
The HHS Secretary must post, on the OPTN website, the amount each member pays and how the money is used, updating this information each calendar quarter.
Within two years of enactment, the Government Accountability Office must review the fee program and report its findings and recommendations to the relevant Senate and House committees.
The law adds a requirement for the OPTN to consider creating a dashboard that shows transplant numbers, types, organ entries, and other statistics more often than once a year.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

September 10, 2025

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SenateIntro Referral

Introduced in Senate

September 10, 2025

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

September 10, 2025

Bill Text

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Introduced in SenateIssued September 10, 2025

II

119th CONGRESS

1st Session

S. 2751

IN THE SENATE OF THE UNITED STATES

September 10, 2025

Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

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.

.