42 U.S.C. § 274f — Reimbursement of travel and subsistence

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 the organ. (3) The term ‘‘interstate commerce’’ has the meaning prescribed for it by section 321(b) of title 21. (4) The term ‘‘human organ paired donation’’ means the donation and receipt of human or- gans under the following circumstances: (A) An individual (referred to in this para- graph as the ‘‘first donor’’) desires to make a living donation of a human organ specifi- cally to a particular patient (referred to in this paragraph as the ‘‘first patient’’), but such donor is biologically incompatible as a donor for such patient. (B) A second individual (referred to in this paragraph as the ‘‘second donor’’) desires to make a living donation of a human organ specifically to a second particular patient (referred to in this paragraph as the ‘‘second patient’’), but such donor is biologically in- compatible as a donor for such patient. (C) Subject to subparagraph (D), the first donor is biologically compatible as a donor of a human organ for the second patient, and the second donor is biologically compatible as a donor of a human organ for the first pa- tient. (D) If there is any additional donor-patient pair as described in subparagraph (A) or (B), each donor in the group of donor-patient pairs is biologically compatible as a donor of a human organ for a patient in such group. (E) All donors and patients in the group of donor-patient pairs (whether 2 pairs or more than 2 pairs) enter into a single agreement to donate and receive such human organs, respectively, according to such biological compatibility in the group. (F) Other than as described in subpara- graph (E), no valuable consideration is knowingly acquired, received, or otherwise transferred with respect to the human or- gans referred to in such subparagraph. (Pub. L. 98–507, title III, § 301, Oct. 19, 1984, 98 Stat. 2346; Pub. L. 100–607, title IV, § 407, Nov. 4, 1988, 102 Stat. 3116; Pub. L. 110–144, § 2, Dec. 21, 2007, 121 Stat. 1813.) Editorial Notes CODIFICATION Section was enacted as part of the National Organ Transplant Act, and not as part of the Public Health Service Act which comprises this chapter. AMENDMENTS 2007—Subsec. (a). Pub. L. 110–144, § 2(1), inserted at end ‘‘The preceding sentence does not apply with re- spect to human organ paired donation.’’ Subsec. (c)(4). Pub. L. 110–144, § 2(2), added par. (4). 1988—Subsec. (c)(1). Pub. L. 100–607 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The term ‘human organ’ means the human kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin, and any other human organ specified by the Secretary of Health and Human Services by regula- tion.’’ Statutory Notes and Related Subsidiaries DETERMINATION ON THE DEFINITION OF HUMAN ORGAN Pub. L. 114–104, § 4, Dec. 18, 2015, 129 Stat. 2218, pro- vided that: ‘‘Not later than one year after the date of enactment of this Act [Dec. 18, 2015], the Secretary of Health and Human Services shall issue determinations with respect to the inclusion of peripheral blood stem cells and umbilical cord blood in the definition of human organ.’’ NO IMPACT ON SOCIAL SECURITY TRUST FUND Pub. L. 110–144, § 4, Dec. 21, 2007, 121 Stat. 1814, pro- vided that: ‘‘Nothing in this Act [see Short Title of 2007 Amendment note set out under section 201 of this title] (or an amendment made by this Act) shall be construed to alter or amend the Social Security Act (42 U.S.C. 301 et seq.) (or any regulation promulgated under that Act).’’ § 274f. Reimbursement of travel and subsistence expenses incurred toward living organ dona- tion (a) In general The Secretary may award grants to States, transplant centers, qualified organ procurement organizations under section 273 of this title, or other public or private entities for the purpose of— (1) providing for the reimbursement of travel and subsistence expenses incurred by individ- uals toward making living donations of their organs (in this section referred to as ‘‘donat- ing individuals’’); and Page 513 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 274f–1 (2) providing for the reimbursement of such incidental nonmedical expenses that are so in- curred as the Secretary determines by regula- tion to be appropriate. (b) Preference The Secretary shall, in carrying out sub- section (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 in- cluding individuals who in good faith incur qualifying expenses toward the intended dona- tion of an organ but with respect to whom, for such reasons as the Secretary determines to be appropriate, no donation of the organ oc- curs; and (2) the term ‘‘qualifying expenses’’ as includ- ing the expenses of having relatives or other individuals, not to exceed 2, accompany or as- sist 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 pro- grams 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 ex- penses— (1) under any State compensation program, under an insurance policy, or under any Fed- eral 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 sub- section (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. (July 1, 1944, ch. 373, title III, § 377, as added Pub. L. 101–616, title II, § 206(a), Nov. 16, 1990, 104 Stat. 3285; amended Pub. L. 108–216, § 3, Apr. 5, 2004, 118 Stat. 584.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–216 amended section catchline and text generally, substituting provisions relating to re- imbursement of travel and subsistence expenses in- curred toward living organ donation for provisions re- quiring the Comptroller General to study and report on organ procurement and allocation. § 274f–1. Public awareness; studies and dem- onstrations (a) Organ donation public awareness program The Secretary shall, directly or through grants or contracts, establish a public education program in cooperation with existing national public awareness campaigns to increase aware- ness about organ donation and the need to pro- vide for an adequate rate of such donations. (b) Studies and demonstrations The Secretary may make peer-reviewed grants to, or enter into peer-reviewed contracts with, public and nonprofit private entities for the pur- pose of carrying out studies and demonstration projects to increase organ donation and recov- ery rates, including living donation. (c) Grants to States (1) In general The Secretary may make grants to States for the purpose of assisting States in carrying out organ donor awareness, public education, and outreach activities and programs designed to increase the number of organ donors within the State, including living donors. (2) Eligibility To be eligible to receive a grant under this subsection, a State shall— (A) submit an application to the Depart- ment in the form prescribed; (B) establish yearly benchmarks for im- provement in organ donation rates in the State; and (C) report to the Secretary on an annual basis a description and assessment of the State’s use of funds received under this sub- section, accompanied by an assessment of initiatives for potential replication in other States. (3) Use of funds Funds received under this subsection may be used by the State, or in partnership with other public agencies or private sector institutions, for education and awareness efforts, informa- tion dissemination, activities pertaining to the State donor registry, and other innovative donation specific initiatives, including living donation. (d) Educational activities The Secretary, in coordination with the Organ Procurement and Transplantation Network and other appropriate organizations, shall support the development and dissemination of edu- cational materials to inform health care profes- sionals and other appropriate professionals in issues surrounding organ, tissue, and eye dona- tion including evidence-based proven methods to approach patients and their families, cultural sensitivities, and other relevant issues. (e) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009. Such authorization of appro- priations is in addition to any other authoriza- tions of appropriations that are available for such purpose.