[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

122 STAT. 4338

Public Law 110-413
110th Congress

An Act


 
To establish the Stephanie Tubbs Jones Gift of Life Medal for organ
donors and the family of organ donors. [NOTE: Oct. 14, 2008 -  [H.R.
7198]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: Stephanie
Tubbs Jones Gift of Life Medal Act of 2008.
SECTION 1. [NOTE: 42 USC 201 note.   SHORT TITLE.

This Act may be cited as the ``Stephanie Tubbs Jones Gift of Life
Medal Act of 2008''.
SEC. 2. [NOTE: 42 USC 274i.   ELIGIBILITY REQUIREMENTS FOR
STEPHANIE TUBBS JONES GIFT OF LIFE MEDAL.

(a) In General.--Subject to the provisions of this section and the
availability of funds under this Act, any organ donor, or the family of
any organ donor, shall be eligible for a Stephanie Tubbs Jones Gift of
Life Medal (hereafter in this Act referred to as a ``medal'').
(b) DOCUMENTATION.--The Secretary of Health and Human Services shall
direct the entity operating the Organ Procurement and Transplantation
Network to--
(1) establish an application procedure requiring the
relevant organ procurement organization through which an
individual or family of the individual made an organ donation,
to submit to such entity documentation supporting the
eligibility of the individual or the family, respectively, to
receive a medal;
(2) determine through the documentation provided and, if
necessary, independent investigation whether the individual or
family, respectively, is eligible to receive such a medal; and
(3) arrange for the presentation to the relevant organ
procurement organization all medals struck pursuant to section 4
to individuals or families that are determined to be eligible to
receive medals.

(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), only 1
medal may be presented to a family under subsection (b). Such
medal shall be presented to the donating family member, or in
the case of a deceased donor, the family member who signed the
consent form authorizing, or who otherwise authorized, the
donation of the organ involved.
(2) Exception.--In the case of a family in which more than 1
member is an organ donor, a medal may be presented for each such
organ donor.

[[Page 4339]]
122 STAT. 4339

SEC. 3. [NOTE: 42 USC 274i-1.   SOLICITATION OF DONATIONS;
PROHIBITION ON USE OF FEDERAL FUNDS.

(a) In General.--The Organ Procurement and Transplantation Network
may collect funds to offset expenditures relating to the issuance of
medals authorized under this Act.
(b) Payment of Funds.--
(1) In general.--Except as provided in paragraph (2), all
funds received by the Organ Procurement and Transplantation
Network under subsection (a) shall be promptly paid by the Organ
Procurement and Transplantation Network to the Secretary of
Health and Human Services for purposes of purchasing medals
under this Act for distribution and paying the administrative
costs of the Secretary of Health and Human Services and the
Secretary of the Treasury in carrying out this Act.
(2) Limitation.--Not more than 7 percent of any funds
received under subsection (a) may be used to pay administrative
costs, and fundraising costs to solicit funds under subsection
(a), incurred by the Organ Procurement and Transplantation
Network in carrying out this Act.

(c) Prohibition on Use of Federal Funds.--No Federal funds
(including amounts appropriated for use by the Organ Procurement and
Transplantation Network) may be used for purposes of carrying out this
Act, including purchasing medals under this Act or paying the
administrative costs of the Secretary of Health and Human Services or
the Secretary of the Treasury in carrying out this Act.
SEC. 4. [NOTE: 42 USC 274i-2.   DESIGN AND PRODUCTION OF MEDAL.

(a) In General.--Subject to the provisions of this section, the
Secretary of the Treasury shall design and strike the Stephanie Tubbs
Jones Gift of Life Medals, each of which shall--
(1) weigh 250 grams;
(2) have a diameter of 3 inches; and
(3) consist of bronze.

(b) Design.--
(1) In general.--The design of the medals shall commemorate
the compassion and courage manifested by and the sacrifices made
by organ donors and their families, and the medals shall bear
suitable emblems, devices, and inscriptions.
(2) Selection.--The design of medals struck under this
section shall be--
(A) selected by the Secretary of the Treasury, in
consultation with the Secretary of Health and Human
Services, the Organ Procurement and Transplantation
Network, interested members of the family of Stephanie
Tubbs Jones, Dr. William H. Frist, and the Commission of
Fine Arts; and
(B) reviewed by the Citizens Coin Advisory
Committee.

(c) National Medals.--The medals struck pursuant to this section are
national medals for purposes of chapter 51 of title 31, United States
Code.
(d) Striking and Delivery of Minimum-Sized Lots.--The Secretary of
the Treasury shall strike and deliver to the Secretary of Health and
Human Services no fewer than 100 medals at any time pursuant to an order
by such Secretary.

[[Page 4340]]
122 STAT. 4340

(e) Cost of Medals.--Medals struck under this section and sold to
the Secretary of Health and Human Services for distribution in
accordance with this Act shall be sold to the Secretary of Health and
Human Services at a price sufficient to cover the cost of designing and
striking the medals, including labor, materials, dies, use of machinery,
and overhead expenses.
(f) No Expenditures in Advance of Receipt of Fund.--
(1) In general.--The Secretary of the Treasury shall not
strike or distribute any medals under this Act until such time
as the Secretary of Health and Human Services certifies that
sufficient funds have been received by such Secretary to cover
the cost of the medals ordered.
(2) Design in advance of order.--Notwithstanding paragraph
(1), the Secretary of the Treasury may begin designing the medal
at any time after the date of the enactment of this Act and take
such other action as may be necessary to be prepared to strike
such medals upon receiving the certification described in such
paragraph, including preparing dies and striking test pieces.
SEC. 5. [NOTE: 42 USC 274i-3.   MEDALS NOT TREATED AS VALUABLE
CONSIDERATION.

A medal under this Act shall not be treated as valuable
consideration for purposes of section 301(a) of the National Organ
Transplant Act (42 U.S.C. 274e(a)).
SEC. 6. [NOTE: 42 USC 274i-4.   DEFINITIONS.

For purposes of this Act:
(1) Organ.--The term ``organ'' has the meaning given such
term in section 121.2 of title 42, Code of Federal Regulations.
(2) Organ procurement organization.--The term ``organ
procurement organization'' means a qualified organ procurement
organization described in section 371(b)(1) of the Public Health
Service Act (42 U.S.C. 273(b)(1)).
(3) Organ procurement and transplantation network.-- The
term ``Organ Procurementand Transplantation Network'' means the
Organ Procurement and Transplantation Network established under
section 372 of the Public Health Service Act (42 U.S.C. 274).

Approved October 14, 2008.

LEGISLATIVE HISTORY--H.R. 7198:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 29, considered and passed House.
Oct. 1, considered and passed Senate.