Legislation

§ 274f–1

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Certain circumstances
The Secretary may, in carrying out subsection
(a) of this section, 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) of this section (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) of
this section 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) of this section, subject to subsection
(c)(1) of this section.
(2) The term ‘‘qualifying expenses’’ means
the expenses authorized for purposes of subsection (a) of this section, subject to subsection (c)(2) of this section.
(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.)
AMENDMENTS
2004—Pub. L. 108–216 amended section catchline and
text generally, substituting provisions relating to reimbursement of travel and subsistence expenses incurred toward living organ donation for provisions requiring the Comptroller General to study and report on
organ procurement and allocation.

§ 274f–1. Public awareness; studies and demonstrations
(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 awareness about organ donation and the need to provide for an adequate rate of such donations.

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(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 purpose of carrying out studies and demonstration
projects to increase organ donation and recovery 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 Department in the form prescribed;
(B) establish yearly benchmarks for improvement 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 subsection, 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, information 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 educational materials to inform health care professionals and other appropriate professionals in issues surrounding organ, tissue, and eye donation
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 appropriations is in addition to any other authorizations of appropriations that are available for
such purpose.
(July 1, 1944, ch. 373, title III, § 377A, as added
Pub. L. 108–216, § 4, Apr. 5, 2004, 118 Stat. 585.)
§ 274f–2. Grants regarding hospital organ donation coordinators
(a) Authority
(1) In general
The Secretary may award grants to qualified
organ procurement organizations and hos-