S. 2751 (119th)Bill Overview

Permanent OPTN Fee Authority Act

Health|Health
Sponsor
Cosponsors
Support
Democratic
Introduced
Sep 10, 2025
Discussions
Bill Text
Current stageCommittee

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

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill (Permanent OPTN Fee Authority Act) amends section 372 of the Public Health Service Act to authorize the Secretary of Health and Human Services to collect registration fees from members of the Organ Procurement and Transplantation Network (OPTN) for each transplant candidate they place on the OPTN waiting list. Collected fees are to support OPTN operations, may be collected directly or through awards, and are credited as discretionary offsetting collections and distributed only as provided in advance in appropriations Acts.

Why people may split

Whether new fee authority is an appropriate, limited tool to stabilize OPTN funding (liberal/centrist supportive; conservative skeptical).

Watch point

Relative to its intended legislative type, this bill establishes a clear statutory authority for collecting registration fees to support OPTN operations and includes transparency and review requirements, but leaves substantive operational details (fee-setting, exemptions, timelines, enforcement, and fiscal estimates) to subsequent administrative action.

The bill (Permanent OPTN Fee Authority Act) amends section 372 of the Public Health Service Act to authorize the Secretary of Health and Human Services to collect registration fees from members of the Organ Procurement and Transplantation Network (OPTN) for each transplant candidate they place on the OPTN waiting list.

Collected fees are to support OPTN operations, may be collected directly or through awards, and are credited as discretionary offsetting collections and distributed only as provided in advance in appropriations Acts.

The bill requires public, quarterly posting of the fees collected from each OPTN member and a list of activities supported by the fees, directs the Secretary to consider a more frequently updated transplant dashboard, and mandates a GAO review and report within two years.

Passage60/100

Based solely on the bill text, this is a narrowly targeted, technocratic change with oversight features and limited ideological exposure — characteristics that historically improve the odds of enactment. The primary barriers are stakeholder concerns about new fees, absence of fee caps or clear assignment of fees in the text, and the usual legislative friction over revenue authorities and appropriations relationships.

CredibilityPartially aligned

Relative to its intended legislative type, this bill establishes a clear statutory authority for collecting registration fees to support OPTN operations and includes transparency and review requirements, but leaves substantive operational details (fee-setting, exemptions, timelines, enforcement, and fiscal estimates) to subsequent administrative action.

Contention62/100

Whether new fee authority is an appropriate, limited tool to stabilize OPTN funding (liberal/centrist supportive; conservative skeptical).

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitCreates a stable, dedicated revenue stream for OPTN operations that could improve network functions (data systems, 24-h…
  • Potential benefitReduces pressure on annual general appropriations for OPTN activities by authorizing fee-based funding and allowing col…
  • Potential benefitIncreases transparency and accountability through quarterly public reporting of fees collected from each OPTN member, d…
Likely burdened
  • Potential burdenImposes a new per-candidate financial obligation on OPTN members (such as transplant centers or organ procurement organ…
  • Potential burdenAdds administrative and compliance burdens on OPTN members to track, report, and pay registration fees and may impose a…
  • Potential burdenMay shift budgetary control from annual congressional appropriations to fee-derived offsetting collections that are ‘‘a…
03 · Why people split

Why the argument around this bill splits.

Whether new fee authority is an appropriate, limited tool to stabilize OPTN funding (liberal/centrist supportive; conservative skeptical).
Progressive80%

A mainstream progressive would likely view the bill as a constructive step to secure stable, dedicated resources for the OPTN while improving transparency and oversight.

They would welcome the quarterly public reporting and the GAO review as accountability measures that could address historic concerns about OPTN performance and equity.

They may have concerns about the fee burden being shifted to patients or small providers and will want safeguards to prevent regressive effects.

Leans supportive
Centrist65%

A pragmatic moderate would generally favor measures that stabilize funding for an important federal health function while increasing transparency, but would want fiscal and implementation clarity.

They will view the quarterly posting and GAO review favorably as checks on program performance, yet be cautious about unintended cost-shifting to providers or patients and about how the fee authority interacts with the federal budget process.

They will look for CBO scoring and clearer fee-setting and distribution mechanics before committing firm support.

Split reaction
Conservative30%

A mainstream conservative would be skeptical of expanding federal fee-collection authority and would worry about added costs and federal overreach.

They might accept the goal of supporting transplant operations but prefer minimizing new federal authorities and ensuring fees do not become a way to circumvent appropriations.

Transparency and GAO review are positive elements, but the underlying expansion of HHS authority to levy fees on network members and the classification as offsetting collections raise concerns about budgetary control and administrative burden.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood60/100

Based solely on the bill text, this is a narrowly targeted, technocratic change with oversight features and limited ideological exposure — characteristics that historically improve the odds of enactment. The primary barriers are stakeholder concerns about new fees, absence of fee caps or clear assignment of fees in the text, and the usual legislative friction over revenue authorities and appropriations relationships.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • The bill does not set fee levels, caps, exemptions, or a precise methodology for assessing fees; stakeholder reaction (transplant centers, organ procurement organizations, hospitals) to specific fee proposals is therefore unknown and could materially affect support.
  • No budgetary estimate is included in the text; the magnitude of collections and the impact on federal discretionary budgets or provider finances is unclear.
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Whether new fee authority is an appropriate, limited tool to stabilize OPTN funding (liberal/centrist supportive; conservative skeptical).

Based solely on the bill text, this is a narrowly targeted, technocratic change with oversight features and limited ideological exposure —…

Unlocked analysis

Relative to its intended legislative type, this bill establishes a clear statutory authority for collecting registration fees to support OPTN operations and includes transparency and review requirements, but leaves subs…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis