[Congressional Record Volume 143, Number 49 (Wednesday, April 23, 1997)]
[Extensions of Remarks]
[Pages E727-E728]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE GIFT OF LIFE CONGRESSIONAL MEDAL ACT OF 1997

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                       Wednesday, April 23, 1997

  Mr. STARK. Mr. Speaker, today our colleagues Mr. Serrano, Mr. 
Dellums, Mr. Kleczka, Mr. Underwood, Mr. Frank, Ms. Christian-Green, 
Ms. Pelosi, Mr. Hall (OH), Ms. Ros-Lehtinen, Mr. Berman Mr. Waxman, Mr. 
Cramer, Mr. Ehrlich, Ms. Clayton, Mr. Rangel, Mr. Gonzalez, Mr. 
Moakley, Mr. Frost, Mr. Ackerman, Mr. Spence, and I take great pride in 
reintroducing The Gift of Life Congressional Medal Act of 1997. The 
enactment of this legislation, which doesn't cost taxpayers a penny, 
will not only honor the individual organ donor and their loved ones, 
but will also heighten the awareness of the organ

[[Page E728]]

shortage--ultimately resulting in more organ donation.
  There is a major undersupply of available and suitable organ donors.
  Currently, there are 50,000 individuals waiting for an organ 
transplant in the United States. The number of people on the list has 
more than doubled since 1990 and a new name is added to the national 
patient waiting list approximately every 18 minutes. Despite the 
numerous problems that organ donation programs have faced and conquered 
over the years, a major problem still exists.
  The demand for organs will continue to grow with the improvement of 
medical technologies. Without expanded efforts to increase the supply 
of organ donation, the supply of suitable organs will continue to lag 
behind the need.
  For the many would-be organ recipients, the consequence of shortage 
is death. It is clear that expanded efforts are necessary in order to 
increase the number of organ donors.
  According to some researchers, it may be possible to increase by 80 
percent the number of organ donations in the United States through 
incentive programs and public education. A congressional medal 
recognizing donors and their families can play a very important and 
effective role in our efforts to encourage such donation.
  Our proposed Gift of Life Medal Program will be administered by the 
regional organ procurement organizations [OPO's] and managed by the 
entity administering the organ procurement and transplantation network. 
Once the decision to donate an organ has been made, the donor or the 
family member of the donor will be asked by the regional OPO whether 
participation in the Gift of Life Medal Program is desired.
  The OPO will give each donor or family member the option of receiving 
a gift of life medal, recognizing that some may not want to 
participate. If requested, a public presentation will be made to honor 
the donor. A presentation by a local official, community leader or 
Member of Congress would be a tremendous opportunity to increase the 
awareness concerning the desperate need for organ donation.
  Every action has been taken to ensure that the issuance of the gift 
of life medals results in no net cost to the Government. In addition, I 
am proud to report that the legislation has the strong support of the 
United Network for Organ Sharing [UNOS] and the Coalition on Donation.
  Any one of us, or any member of our families, could need a life 
saving transplant tomorrow. We would then be placed on a waiting list 
to await our turn--or our death.
  So, I ask that our colleagues help bring an end to waiting lists and 
recognize the enormous faith and courage displayed by organ donors and 
their families. Please join us as cosponsors of The Gift of Life 
Congressional Medal Act of 1997. These donors offer others a second 
chance by providing the most precious gift imaginable--the gift of 
life.
  The bill is as follows:

                                 H.R.--

       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 ``Gift of Life Congressional 
     Medal Act of 1997''.

     SEC. 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.

     SEC. 3. ELIGIBILITY REQUIREMENTS.

       (a) In General.--Any organ donor, or the family or family 
     member 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.

     SEC. 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, to 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.

     SEC. 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.

     SEC. 6. NATIONAL MEDALS.

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

     SEC. 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.

     SEC. 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.

     SEC. 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).

     SEC. 10. SUNSET PROVISION.

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

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