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41) Several House members did mention the section 301 prohibition against valuable consideration in exchange for human organs, sometimes with a specific allusion to the Jacobs venture, but without elaborating on the meaning of the term "valuable consideration" beyond commercial buying and selling.
In sum, a vast academic literature addresses valuable consideration under NOTA.
Between the passage of NOTA in 1984 and the Norwood Act in 2007, Congress had several occasions to clarify, expand, or otherwise alter the ban against valuable consideration in exchange for human organs and failed to do so.
57) Said Representative Linder: "The valuable consideration clause has a noble purpose, which is to keep people from buying and selling human organs--Let me be clear: paired-organ donation does not constitute the buying or selling of organs.
Some House members made reference to the fact that the Norwood Act would "clarify" that NOTA's ban on valuable consideration did not prohibit KPD, suggesting that the statute was never intended to ban such behavior.
For years, people missed or were delayed in an opportunity to have a life-saving kidney transplant simply because a member of the executive branch couldn't grasp the true intent of the National Organ Transplant Act's valuable consideration clause.
Even if Congress did not clearly specify the intended scope of NOTA's prohibition against valuable consideration in exchange for human organs, commentators have asserted a variety of public policy concerns that justify the ban, many of which appear to resonate with at least some members of the NOTA-enacting Congress and later Congresses.
When considering the extent to which RTT withstands common objections to inducements, it is important to remember one important difference between RTT and other inducement schemes that might qualify as valuable consideration under NOTA: RTT does not provide an inducement to donate an organ.
Many objections to the exchange of valuable consideration for organs rest on concerns about unequal access.
69) In the case of inducements for organs, the specific objection is normally that allowing valuable consideration in exchange for organs devalues humanity by treating the human body and its parts as mere commodities.
Living Organ Donation and Valuable Consideration, Congressional Research Service CRS-3 (2010) (detailing bills designed to incentivize organ donation).