[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7198 Enrolled Bill (ENR)]
H.R.7198
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.