Short title; findings

(a)

Short title

This Act may be cited as the

Stephanie Tubbs Jones Gift of Life Medal Act of 2008

. (b)

Findings

The Congress makes the following findings: (1)Congresswoman Stephanie Tubbs Jones was dedicated to eliminating health disparities and protecting vulnerable populations. (2)Through her service on the Committee on Ways and Means, Subcommittee on Health, she was a strong voice for those who were poor, elderly, racial and ethnic minorities, and disenfranchised. (3)Congresswoman Stephanie Tubbs Jones’ concern for others was demonstrated by the decision to donate her organs, so that as her life ended, the lives of others continued. (4)There are currently 99,625 candidates for organ donation on the national transplant waiting list. Every 16 minutes, a new name is added to such list. Sixteen persons die each day waiting for a life saving organ transplant. (5)Minority populations account for nearly 50 percent of those on the national transplant waiting list. (6)Diseases that can lead to organ failure, such as hypertension and diabetes, are found more frequently in ethnic minority populations than in the general population. (7)While minorities donate organs in proportion to their population, the rate of organ donations fails to keep pace with the need for transplants in the population. African-Americans, for example, represent about 13 percent of the population and 12 percent of organ donors, but comprise roughly 23 percent of individuals on national transplant waiting list for kidney transplants. (8)Transplantation success rates are higher when organs are matched between people sharing the same racial and ethnic background. (9)Because of the disparities in the need for organs, minorities are more likely to wait longer to find a successful match and are more likely to be sicker when an organ is found. (10)An increase in minority organ donations would decrease the waiting time and increase the likelihood of successful transplantations for minorities.

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.

Solicitation of donations

(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. (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.

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 funds

(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.

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)).

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, as in effect on the date of the enactment of this Act. (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 Procurement and Transplantation Network means the Organ Procurement and Transplantation Network established under section 372 of the Public Health Service Act (42 U.S.C. 274).