[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7198 Engrossed in House (EH)]
110th CONGRESS
2d Session
H. R. 7198
_______________________________________________________________________
AN ACT
To establish the Stephanie Tubbs Jones Gift of Life Medal for organ
donors and the family of organ donors.
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 ``Stephanie Tubbs Jones Gift of Life
Medal Act of 2008''.
SEC. 2. 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.
SEC. 3. 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. 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.
(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. 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. 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).
Passed the House of Representatives September 29, 2008.
Attest:
Clerk.
110th CONGRESS
2d Session
H. R. 7198
_______________________________________________________________________
AN ACT
To establish the Stephanie Tubbs Jones Gift of Life Medal for organ
donors and the family of organ donors.