[Congressional Record Volume 152, Number 18 (Tuesday, February 14, 2006)]
[Senate]
[Pages S1178-S1179]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRIST:
  S. 2283. A bill to establish a congressional commemorative medal for 
organ donors and their families; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. FRIST. Mr. President, each day, 74 people receive an organ 
transplant. And each day, another 18 patients die waiting.
  While it doesn't get a lot of public attention, for every family who 
struggles with the pain and uncertainty of waiting for that life saving 
gift, the organ donation shortage is an urgent crisis.
  Right now, over 97,000 people are on the waiting list. Fewer than 
half of them will get the transplant they need. Almost 2,000 of the 
patients on the list are from my home state of Tennessee.
  As a heart and lung transplant surgeon, I have direct and intimate 
experience with this issue. I've devoted two decades of my life to 
giving others a second chance through transplantation.
  I have sat next to the hospital bed and looked into eyes of patients 
and their families and seen the frustration, desperation and fear they 
feel as they wait and hope for the miraculous gift that can reverse a 
fatal diagnosis.
  I've personally shared in the elation when the donation came through. 
I also know very well the tragedy when a patient dies before they could 
receive a transplant--a direct result of a large and growing shortage 
of organ donors.
  The medical community is trying to raise public awareness. I'm proud 
to say that four Tennessee hospitals are participating in the 
nationwide, ``Organ Donation Breakthrough Collaborative Gift of Life 
Initiative.''
  Led by the Department of Health and Human Services, this is a 
multiphase national collaboration designed to increase access to 
transplantable organs and promote organ donation among the public.
  In Tennessee, we have two active organ procurement organizations, the 
Tennessee Donor Services and the Mid South Transplant Foundation. There 
are also 10 transplant centers throughout the state.
  As a transplant surgeon and a Tennessean, I am proud of these path 
breaking efforts. But, the sobering fact remains, we still have far too 
few donors to meet the urgent demand.
  I understand that it's a difficult and emotional decision to, 
literally, give part of oneself away. Many people, understandably, feel 
squeamish about choosing donation. But by giving the gift of life, 
miracles can come from tragedy, and a whole family can be saved.
  I bring all of this up because there is something we can do here in 
the Senate.
  Today, I am proposing that we create a congressional commemorative 
medal to honor organ donors and their families under the Gift of Life 
Congressional Medal Act of 2006.
  At no cost to the Government, we can recognize the extraordinary 
generosity of a donor's gift and send a message to the broader public 
about how vitally important organ donation is to thousands of people 
desperately waiting for that precious gift.
  Congressman Pete Stark of California has introduced companion 
legislation in the House. He shares my belief that organ donation is 
one of the most precious gifts an individual can give to a fellow human 
being.
  I urge my colleagues to join me in this simple and sincere gesture of 
support. By honoring our fellow citizens in this way, we, too, can help 
give the gift of life.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2283

       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 2006''.

     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, 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

[[Page S1179]]

     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.

       In this Act:
       (1) Organ.--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.
       (2) Organ procurement and transplantation network.--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 5-year period 
     beginning on the date of the enactment of this Act.
                                 ______