118 STAT. 585 PUBLIC LAW 108–216—APR. 5, 2004 ‘‘(b) PREFERENCE.—The Secretary shall, in carrying out sub section (a), give preference to those individuals that the Secretary determines are more likely to be otherwise unable to meet such expenses. ‘‘(c) 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, accom pany 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). ‘‘(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; ‘‘(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), subject to sub section (c)(1). ‘‘(2) The term ‘qualifying expenses’ means the expenses authorized for purposes of subsection (a), subject to subsection (c)(2). ‘‘(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.’’. 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: ‘‘SEC. 377A. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS. ‘‘(a) ORGAN DONATION PUBLIC AWARENESS PROGRAM.—The Sec retary 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. ‘‘(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 Grants. Contracts. 42 USC 274f–1.
�
