Organ Donation Improvement Act of 2003 - (Sec. 3) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or contracts to States, transplant centers, qualified organ procurement organizations, or other public or private entities for the purpose of providing payment for: (1) travel and subsistence expenses incurred by individuals toward living donations of their organs; and (2) such incidental nonmedical expenses that are so incurred as the Secretary determines to be appropriate.
Sets forth payment eligibility criteria and limitations, including that payments may be made for the qualifying expenses of a donating individual only if: (1) 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 (2) the annual income of the intended recipient of the organ does not exceed $35,000.
(Sec. 4) Directs the Secretary to (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.
Authorizes the Secretary to 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.
Authorizes the Secretary to 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 a State, including living donors.
Authorizes appropriations.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 399 Introduced in House (IH)]
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.
``(b) Eligibility.--
``(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Energy and Commerce. H. Rept. 108-15.
Reported by the Committee on Energy and Commerce. H. Rept. 108-15.
Placed on the Union Calendar, Calendar No. 9.
Mr. Tauzin moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H1763-1766)
DEBATE - The House proceeded with forty minutes of debate on H.R. 399.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Considered as unfinished business. (consideration: CR H1776-1777)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 425 - 3 (Roll no. 59).(text: CR H1763-1764)
Roll Call #59 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 425 - 3 (Roll no. 59). (text: CR H1763-1764)
Roll Call #59 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.