(c) PROHIBITION AGAINST ORGAN PURCHASES.—
Section 301(c)(2) of the National Organ Transplant Act
(42 U.S.C. 274e(c)(2)) is amended by inserting after
‘‘does not include’’ the following: ‘‘a benefit, the exchange
of which is expressly contemplated by organ distribution
policies, demonstration projects, or programs duly estab-
lished or sanctioned by the board of directors of the Organ
Procurement and Transplantation Network under section
372 of the Public Health Service Act, or’’.
SEC. 5. PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES
INCURRED TOWARD LIVING ORGAN DONA-
TION.
Part H of title III of the Public Health Service Act,
as amended by section 4(b) of this Act, is amended by
inserting after section 375 the following section:
‘‘PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES
INCURRED TOWARD LIVING ORGAN DONATION
‘‘SEC. 376. (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 pur-
pose of—
‘‘(1) providing for the payment of travel and
subsistence expenses incurred by individuals toward
making living donations of their organs (in this sec-
tion referred as ‘donating individuals’); and
‘‘(2) in addition, providing for the payment of
such incidental nonmedical expenses that are so in-
curred 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 do-
nating individual only if—
‘‘(A) the State in which the donating indi-
vidual 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 re-
cipient of the organ does not exceed $35,000
(as adjusted for fiscal year 2001 and subse-
quent fiscal years to offset the effects of infla-
tion occurring after the beginning of fiscal year
2000).
‘‘(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 to-
ward the intended donation of an organ but
with respect to whom, for such reasons as the
Secretary determines to be appropriate, no do-
nation 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 do-
nating individuals accompany the donating indi-
viduals for purposes of subsection (a) (subject
to making payment for only such types of ex-
penses as are paid for donating individuals).
‘‘(c) LIMITATION ON AMOUNT OF PAYMENT.—
‘‘(1) IN GENERAL.—With respect to the geo-
graphic 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 recipi-
ent, taking into account the costs of travel and re-
gional 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 trans-
plant center to the residence of the intended recipi-
ent 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 donat-
ing 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 mean-
ing 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
2000 through 2005.’’.
SEC. 6. PUBLIC AWARENESS; STUDIES AND DEMONSTRA-
TIONS.
Part H of title III of the Public Health Service Act,
as amended by section 5 of this Act, is amended by insert-
ing after section 376 the following section:
‘‘PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS
‘‘SEC. 377. (a) PUBLIC AWARENESS.—The Secretary
shall (directly or through grants or contracts) carry out
a program to educate the public with respect to organ do-
nation, including the need to provide for an adequate rate
of such donations.
‘‘(b) STUDIES
AND DEMONSTRATIONS.—The Sec-
retary may make grants to public and nonprofit private
entities for the purpose of carrying out studies and dem-
onstration projects with respect to providing for an ade-
quate rate of organ donation. Such a grant may be made
to an entity only if the entity has a demonstrated history
and involvement in organ-donation activities.
‘‘(c) ANNUAL REPORT
TO CONGRESS.—The Sec-
retary shall annually submit to the Congress a report on
the activities carried out under this section, including pro-
visions describing the extent to which the activities have
affected the rate of organ donation.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN
GENERAL.—For the purpose of car-
rying out this section, there are authorized to be ap-
propriated $10,000,000 for fiscal year 2000, and
such sums as may be necessary for each of the fiscal
years 2001 through 2005. Such authorization of ap-
propriations is in addition to any other authoriza-
tions of appropriations that is available for such
purpose.
‘‘(2) STUDIES AND DEMONSTRATIONS.—Of the
amounts appropriated under paragraph (1) for a fis-
cal year, the Secretary may not obligate more than
$2,000,000 for carrying out subsection (b).’’.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 378 of the Public Health Service Act (42
U.S.C. 274g) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS FOR ORGAN
PROCUREMENT AND TRANSPLANTATION NETWORK
‘‘SEC. 378. (a) OPERATION OF NETWORK.—For the
purpose of providing for the Organ Procurement and
Transplantation Network under section 372, including the
scientific registry, there are authorized to be appropriated
$6,000,000 for fiscal year 2000, and such sums as may