[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.