HR 399 Text
3/12/2003
House
Vote 425-3
108th CONGRESS
1st Session
H. R. 399
To amend the Public Health Service Act to promote organ donation.
IN THE HOUSE OF REPRESENTATIVES
January 28, 2003
Mr. BILIRAKIS (for himself, Mr. BROWN of Ohio, Mr. TAUZIN, Mr. DINGELL, Mr.
UPTON, Mr. WAXMAN, Mr. BURR, Mr. DEUTSCH, Mr. WYNN, and Mr. PALLONE) introduced
the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Public Health Service Act to promote organ donation.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Organ Donation Improvement Act of 2003'.
SEC. 2. SENSE OF CONGRESS.
(a) PUBLIC AWARENESS OF NEED FOR ORGAN DONATION- It is the sense of the Congress
that the Federal Government should carry out programs to educate the public
with respect to organ donation, including the need to provide for an adequate
rate of such donations.
(b) FAMILY DISCUSSIONS OF ORGAN DONATIONS- The Congress recognizes the importance
of families pledging to each other to share their lives as organ and tissue
donors and acknowledges the importance of discussing organ and tissue donation
as a family.
(c) LIVING DONATIONS OF ORGANS- The Congress--
(1) recognizes the generous contribution made by each living individual
who has donated an organ to save a life; and
(2) acknowledges the advances in medical technology that have enabled organ
transplantation with organs donated by living individuals to become a viable
treatment option for an increasing number of patients.
SEC. 3. PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED TOWARD LIVING
ORGAN DONATION.
Section 377 of the Public Health Service Act (42 U.S.C. 274f) is amended to
read as follows:
`PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED TOWARD LIVING ORGAN
DONATION
`SEC. 377. (a) IN GENERAL- The Secretary may make awards of grants or contracts
to States, transplant centers, qualified organ procurement organizations under
section 371, or other public or private entities for the purpose of--
`(1) providing for the payment of travel and subsistence expenses incurred
by individuals toward making living donations of their organs (in this section
referred as `donating individuals'); and
`(2) in addition, providing for the payment of such incidental nonmedical
expenses that are so incurred as the Secretary determines by regulation
to be appropriate.
`(1) IN GENERAL- Payments under subsection (a) may be made for the qualifying
expenses of a donating individual only if--
`(A) the State in which the donating individual resides is a different
State than the State in which the intended recipient of the organ resides;
and
`(B) the annual income of the intended recipient of the organ does not
exceed $35,000 (as adjusted for fiscal year 2004 and subsequent fiscal
years to offset the effects of inflation occurring after the beginning
of fiscal year 2003).
`(2) CERTAIN CIRCUMSTANCES- Subject to paragraph (1), the Secretary may
in carrying out subsection (a) provide as follows:
`(A) The Secretary may consider 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.
`(B) The Secretary may consider the term `qualifying expenses' as including
the expenses of having one or more family members of donating individuals
accompany the donating individuals for purposes of subsection (a) (subject
to making payment for only such types of expenses as are paid for donating
individuals).
`(c) LIMITATION ON AMOUNT OF PAYMENT-
`(1) IN GENERAL- With respect to the geographic area to which a donating
individual travels for purposes of subsection (a), if such area is other
than the covered vicinity for the intended recipient of the organ, the amount
of qualifying expenses for which payments under such subsection are made may
not exceed the amount of such expenses for which payment would have been made
if such area had been the covered vicinity for the intended recipient, taking
into account the costs of travel and regional differences in the costs of
living.
`(2) COVERED VICINITY- For purposes of this section, the term `covered vicinity',
with respect to an intended recipient of an organ from a donating individual,
means the vicinity of the nearest transplant center to the residence of
the intended recipient that regularly performs transplants of that type
of organ.
`(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; or
`(2) by an entity that provides health services on a prepaid basis.
`(e) DEFINITIONS- For purposes of this section:
`(1) The term `covered vicinity' has the meaning given such term in subsection
(c)(2).
`(2) The term `donating individuals' has the meaning indicated for such
term in subsection (a)(1), subject to subsection (b)(2)(A).
`(3) The term `qualifying expenses' means the expenses authorized for purposes
of subsection (a), subject to subsection (b)(2)(B).
`(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 2004 through 2008.'.
SEC. 4. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.)
is amended by inserting after section 377 the following section:
`PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS
`SEC. 377A. (a) PUBLIC AWARENESS- The Secretary shall (directly or through
grants or contracts) carry out a program to educate the public with respect
to organ donation, including the need to provide for an adequate rate of such
donations.
`(b) STUDIES AND DEMONSTRATIONS- The Secretary may make grants to public and
nonprofit private entities for the purpose of carrying out studies and demonstration
projects with respect to providing for an adequate rate of organ donation.
`(c) GRANTS TO STATES- 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. To be eligible, each State
shall--
`(1) submit an application to the Department in the form prescribed;
`(2) establish yearly benchmarks for improvement in organ donation rates
in the State;
`(3) develop, enhance, or expand a State donor registry, which shall be
available to hospitals, organ procurement organizations, tissue banks, eye
banks, and other States upon a search request; and
`(4) report to the Secretary on an annual basis a description and assessment
of the State's use of these grant funds, accompanied by an assessment of
initiatives for potential replication in other States.
Funds 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) ANNUAL REPORT TO CONGRESS- The Secretary shall annually submit to the
Congress a report on the activities carried out under this section, including
provisions describing the extent to which the activities have affected the
rate of organ donation.
`(e) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- For the purpose of carrying out this section, there are
authorized to be appropriated $15,000,000 for fiscal year 2004, and such
sums as may be necessary for each of the fiscal years 2005 through 2008.
Such authorization of appropriations is in addition to any other authorizations
of appropriations that are available for such purpose.
`(2) STUDIES AND DEMONSTRATIONS- Of the amounts appropriated under paragraph
(1) for a fiscal year, the Secretary may not obligate more than $2,000,000
for carrying out subsection (b).'.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act take effect on the date of the enactment of
this Act.
END
