Reimbursement of travel and subsistence expenses incurred toward living organ donation

42 U.S.C. § 274f

• Title: 42 — The Public Health and Welfare
• Chapter: 6A — PUBLIC HEALTH SERVICE
• Subchapter: II
• Part: H
• Current through: Pub. L. 119-99

Text

(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 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) No consideration of income of organ recipient
The recipient of a grant under this section, in providing reimbursement to a donating individual through such grant, shall not give any consideration to the income of the organ recipient.
(d) 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).
(e) 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.
(f) 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 (d)(1).
(2) The term "qualifying expenses" means the expenses authorized for purposes of subsection (a), subject to subsection (d)(2).
(g) 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.
(h) Annual report
Not later than December 31 of each year, beginning in fiscal year 2027, the Secretary shall—
(1) prepare, submit to the Congress, and make public a report on whether grants under this section provided adequate funding during the preceding fiscal year to reimburse all donating individuals participating in the grant program under this section for all qualifying expenses; and
(2) include in each such report—
(A) the estimated number of all donating individuals participating in the grant program under this section who did not receive reimbursement for all qualifying expenses during the preceding fiscal year; and
(B) the total amount of funding that is estimated to be necessary to fully reimburse all donating individuals participating in the grant program under this section for all qualifying expenses.

History

(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; Pub. L. 119–75, div. J, title V, §6503, Feb. 3, 2026, 140 Stat. 692.)

Editorial Notes

Editorial Notes

Amendments
2026—Subsecs. (c), (d). Pub. L. 119–75, §6503(a), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 119–75, §6503(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(3). Pub. L. 119–75, §6503(b), struck out par. (3) which read as follows: "by the recipient of the organ."
Subsec. (f). Pub. L. 119–75, §6503(a)(1), redesignated subsec. (e) as subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (f)(1). Pub. L. 119–75, §6503(a)(3)(A), substituted "subsection (d)(1)" for "subsection (c)(1)".
Subsec. (f)(2). Pub. L. 119–75, §6503(a)(3)(B), substituted "subsection (d)(2)" for "subsection (c)(2)".
Subsec. (g). Pub. L. 119–75, §6503(a)(1), redesignated subsec. (f) as (g).
Subsec. (h). Pub. L. 119–75, §6503(c), added subsec. (h).
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.