[Congressional Record Volume 145, Number 32 (Tuesday, March 2, 1999)]
[Extensions of Remarks]
[Pages E317-E318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE GIFT OF LIFE CONGRESSIONAL MEDAL ACT OF 1999

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                         Tuesday, March 2, 1999

  Mr. STARK. Mr. Speaker, my colleagues and I are proud to introduce 
the ``Gift of Life Congressional Medal Act of 1999.'' This legislation 
creates a commemorative medal to honor organ donors and their 
survivors.
  There is a serious shortage of available and suitable organ donors. 
Over 50,000 people are currently waiting for an organ transplant. 
Because of low donor rates, over 4,000 people die each year for lack of 
a suitable organ. Some patients also wait significantly longer for a 
transplant depending on where they live. In some parts of the country, 
the typical wait for an organ transplant is close to 100 days. In other 
parts of the country, the wait is closer to 1,000 days. We need to use 
every possible option to increase the number of donated organs for all 
Americans. The Gift of Life Congressional Medal Act draws attention to 
this life-saving issue, and sends a clear message that donating one's 
organs is a self-less act that should receive the profound respect of 
the Nation.
  The legislation allows the Health and Human Service's Organ 
Procurement Organization (OPO) and the Organ Procurement and 
Transplantation Network to establish a nonprofit fund to design, 
produce, and distribute the medals. Funding would come solely from 
charitable donations. The donor or family member would have the option 
of receiving the Congressional Gift of Life Medal. Families would also 
request that a Member of Congress, state or local official, or 
community leader award the medal to the donor or donor's survivors.
  According to the United Network for Organ Sharing (UNOS), an average 
of 5300 donations per year were made between 1994 and 1996. Research 
points to a clear need for incentive programs and public education on 
organ donation. These efforts can increase the number of organ 
donations by more than 80 percent.
  Physicians can now transplant kidneys, lungs, pancreas, liver, and 
heart with considerable success. 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.
  This is a non-controversial, non-partisan legislation to increase 
organ donation. I ask that our colleagues help bring an end to 
transplant waiting lists and recognize the enormous faith and courage 
displayed by organ donors and their families.
  A copy of the legislaiton 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 1999''.

     SEC. 2. CONGRESSIONAL MEDAL

       The Secretary of the Treasury shall design and strike a 
     bronze medal with suitable emblems, devises, 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 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, 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 OR 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 the any funds 
     received under subsection (a) shall be used to pay 
     administrative costs incurred by the OPTN contractor as a 
     result of an agreement establish 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 notto 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

[[Page E318]]

     Procurement and Transplantation Network established under 
     section 372 of the Pubic Health Service Act (42 U.S.C. 274).

     SEC. 10. SUNSET PROVISION.

       This Act shall be effective during the 5-year period 
     beginning on the date of the enactment of this Act.

     

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