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42 U.S.C. § 274f — Reimbursement of travel and subsistence expenses incurred toward living organ donation
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may award grants to States, transplant centers, qualified organ procurement organizations under [section 273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273&num=0&edition=prelim), or other public or private entities for the purpose of—
(1) providing for the reimbursement of travel and subsistence expenses incurred by individuals toward making living donations of their organs (in this section referred to as “donating individuals”); and
(2) providing for the reimbursement of such incidental nonmedical expenses that are so incurred as the Secretary determines by regulation to be appropriate.
**(b) Preference** The Secretary shall, in carrying out subsection (a), give preference to those individuals that the Secretary determines are more likely to be otherwise unable to meet such expenses.
**(c) Certain circumstances** The Secretary may, in carrying out subsection (a), consider—
(1) the term “donating individuals” as including individuals who in good faith incur qualifying expenses toward the intended donation of an organ but with respect to whom, for such reasons as the Secretary determines to be appropriate, no donation of the organ occurs; and
(2) the term “qualifying expenses” as including the expenses of having relatives or other individuals, not to exceed 2, accompany or assist the donating individual for purposes of subsection (a) (subject to making payment for only those types of expenses that are paid for a donating individual).
**(d) Relationship to payments under other programs** An award may be made under subsection (a) only if the applicant involved agrees that the award will not be expended to pay the qualifying expenses of a donating individual to the extent that payment ha
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Source location: Title 42, Chapter 6A, § 274f; chapter-6a-public-health-service.md
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**(a) In general** The Secretary may award grants to States, transplant centers, qualified organ procurement organizations under [section 273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273&num=0&edition=prelim), or other public or private entities for the purpose of—
(1) providing for the reimbursement of travel and subsistence expenses incurred by individuals toward making living donations of their organs (in this section referred to as “donating individuals”); and
(2) providing for the reimbursement of such incidental nonmedical expenses that are so incurred as the Secretary determines by regulation to be appropriate.
**(b) Preference** The Secretary shall, in carrying out subsection (a), give preference to those individuals that the Secretary determines are more likely to be otherwise unable to meet such expenses.
**(c) Certain circumstances** The Secretary may, in carrying out subsection (a), consider—
(1) the term “donating individuals” as including individuals who in good faith incur qualifying expenses toward the intended donation of an organ but with respect to whom, for such reasons as the Secretary determines to be appropriate, no donation of the organ occurs; and
(2) the term “qualifying expenses” as including the expenses of having relatives or other individuals, not to exceed 2, accompany or assist the donating individual for purposes of subsection (a) (subject to making payment for only those types of expenses that are paid for a donating individual).
**(d) Relationship to payments under other programs** An award may be made under subsection (a) only if the applicant involved agrees that the award will not be expended to pay the qualifying expenses of a donating individual to the extent that payment has been made, or can reasonably be expected to be made, with respect to such expenses—
(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program;
(2) by an entity that provides health services on a prepaid basis; or
(3) by the recipient of the organ.
**(e) Definitions** For purposes of this section:
(1) The term “donating individuals” has the meaning indicated for such term in subsection (a)(1), subject to subsection (c)(1).
(2) The term “qualifying expenses” means the expenses authorized for purposes of subsection (a), subject to subsection (c)(2).
**(f) Authorization of appropriations** For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2005 through 2009.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant authority of Secretary**
(1) The Secretary may make grants for the planning of qualified organ procurement organizations described in subsection (b).
(2) The Secretary may make grants for the establishment, initial operation, consolidation, and expansion of qualified organ procurement organizations described in subsection (b).
**(b) Qualified organizations**
(1) A qualified organ procurement organization for which grants may be made under subsection (a) is an organization which, as determined by the Secretary, will carry out the functions described in paragraph (2) 11 See References in Text note below. and—
(A) is a nonprofit entity,
(B) has accounting and other fiscal procedures (as specified by the Secretary) necessary to assure the fiscal stability of the organization,
(C) has an agreement with the Secretary to be reimbursed under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.] for the procurement of kidneys,
(D) notwithstanding any other provision of law, has met the other requirements of this section and has been certified or recertified by the Secretary within the previous 4-year period as meeting the performance standards to be a qualified organ procurement organization through a process that either—
(i) granted certification or recertification within such 4-year period with such certification or recertification in effect as of January 1, 2000, and remaining in effect through the earlier of—
(I) January 1, 2002; or
(II) the completion of recertification under the requirements of clause (ii); or
(ii) is defined through regulations that are promulgated by the Secretary by not later than January
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Federal law — U.S. Code and appendices · legal_authorities
Page 512
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 274e
Commerce of House of Representatives by section 1(a)
of Pub. L. 104–14, set out as a note preceding section 21
of Title 2, The Congress. Committee on Commerce of
House of Representatives changed to Committee on En-
ergy and Commerce of House of Representatives, and
jurisdiction over matters relating to securities and ex-
changes and insurance generally transferred to Com-
mittee on Financial Services of House of Representa-
tives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
§ 274e. Prohibition of organ purchases
(a) Prohibition
It shall be unlawful for any person to know-
ingly acquire, receive, or otherwise transfer any
human organ for valuable consideration for use
in human transplantation if the transfer affects
interstate commerce. The preceding sentence
does not apply with respect to human organ
paired donation.
(b) Penalties
Any person who violates subsection (a) shall
be fined not more than $50,000 or imprisoned not
more than five years, or both.
(c) Definitions
For purposes of subsection (a):
(1) The term ‘‘human organ’’ means the
human (including fetal) kidney, liver, heart,
lung, pancreas, bone marrow, cornea, eye,
bone, and skin or any subpart thereof and any
other human organ (or any subpart thereof, in-
cluding that derived from a fetus) specified by
the Secretary of Health and Human Services
by regulation.
(2) The term ‘‘valuable consideration’’ does
not include the reasonable payments associ-
ated with the removal, transportation, im-
plantation, processing, preservation, quality
control, and storage of a human organ or the
expenses of travel, housing, and lost wages in-
curred by the donor of a human organ in con-
nection with the donation of t
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