II 110th CONGRESS 1st Session S. 1062 IN THE SENATE OF THE UNITED STATES March 29, 2007 Mr. Durbin (for himself and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a congressional commemorative medal for organ donors and their families.

1.

Short title

This Act may be cited as the William H. Frist Gift of Life Congressional Medal Act.

2.

Congressional medal

The Secretary of the Treasury shall design and strike a bronze medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary of the Treasury, to commemorate organ donors and their families.

3.

Eligibility requirements

(a)

In General

Any organ donor, or the family of any organ donor, shall be eligible for a medal described in section 2. (b)

Documentation

The Secretary of Health and Human Services shall direct the entity holding the Organ Procurement and Transplantation Network (hereafter in this Act referred to as OPTN) to contract to— (1)establish an application procedure requiring the relevant organ procurement organization, as described in section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)), through which an individual or their family made an organ donation, to submit to the OPTN contractor documentation supporting the eligibility of that individual or their family to receive a medal described in section 2; and (2)determine, through the documentation provided, and, if necessary, independent investigation, whether the individual or family is eligible to receive a medal described in section 2.

4.

Presentation

(a)

Delivery to the Secretary of Health and Human Services

The Secretary of the Treasury shall deliver medals struck pursuant to this Act to the Secretary of Health and Human Services. (b)

Delivery to Eligible Recipients

The Secretary of Health and Human Services shall direct the OPTN contractor to arrange for the presentation to the relevant organ procurement organization all medals struck pursuant to this Act to individuals or families that, in accordance with section 3, the OPTN contractor has determined to be eligible to receive medals under this Act. (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, the OPTN contractor may present an additional medal to each such organ donor or their family.

5.

Duplicate medals

(a)

In General

The Secretary of Health and Human Services or the OPTN contractor may provide duplicates of the medal described in section 2 to any recipient of a medal under section 4(b), under such regulations as the Secretary of Health and Human Services may issue. (b)

Limitation

The price of a duplicate medal shall be sufficient to cover the cost of such duplicates.

6.

National medals

The medals struck pursuant to this Act are national medals for purposes of section 5111 of title 31, United States Code.

7.

General waiver of procurement regulations

No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act.

8.

Solicitation of donations

(a)

In General

The Secretary of the Treasury may enter into an agreement with the OPTN contractor to 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 the Treasury. (2)

Limitation

Not more than 5 percent of any funds received under subsection (a) shall be used to pay administrative costs incurred by the OPTN contractor as a result of an agreement established under this section. (c)

Numismatic Public Enterprise Fund

Notwithstanding any other provision of law— (1)all amounts received by the Secretary of the Treasury under subsection (b)(1) shall be deposited in the Numismatic Public Enterprise Fund, as described in section 5134 of title 31, United States Code; and (2)the Secretary of the Treasury shall charge such fund with all expenditures relating to the issuance of medals authorized under this Act. (d)

Start-Up Costs

A 1-time amount not to exceed $55,000 shall be provided to the OPTN contractor to cover initial start-up costs. The amount will be paid back in full within 3 years of the date of the enactment of this Act from funds received under subsection (a). (e)

No Net Cost to the Government

The Secretary of the Treasury shall take all actions necessary to ensure that the issuance of medals authorized under section 2 results in no net cost to the Government.

9.

Definitions

For purposes of this Act— (1)the term organ means the human kidney, liver, heart, lung, pancreas, and any other human organ (other than corneas and eyes) specified by regulation of the Secretary of Health and Human Services or the OPTN contractor; and (2)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).

10.

Sunset provision

This Act shall be effective during the 2-year period beginning on the date of the enactment of this Act.