[Congressional Record Volume 154, Number 151 (Tuesday, September 23, 2008)]
[House]
[Pages H8700-H8703]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STEPHANIE TUBBS JONES GIFT OF LIFE MEDAL ACT OF 2008

  Ms. MOORE of Wisconsin. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 6950) to establish the Stephanie Tubbs Jones Gift 
of Life Medal for organ donors and the family of organ donors.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6950

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; FINDINGS.

       (a) Short Title.--This Act may be cited as the ``Stephanie 
     Tubbs Jones Gift of Life Medal Act of 2008''.
       (b) Findings.--The Congress makes the following findings:
       (1) Congresswoman Stephanie Tubbs Jones was dedicated to 
     eliminating health disparities and protecting vulnerable 
     populations.
       (2) Through her service on the Committee on Ways and Means, 
     Subcommittee on Health, she was a strong voice for those who 
     were poor, elderly, racial and ethnic minorities, and 
     disenfranchised.
       (3) Congresswoman Stephanie Tubbs Jones' concern for others 
     was demonstrated by the decision to donate her organs, so 
     that as her life ended, the lives of others continued.
       (4) There are currently 99,625 candidates for organ 
     donation on the national transplant waiting list. Every 16 
     minutes, a new name is added to such list. Sixteen persons 
     die each day waiting for a life saving organ transplant.
       (5) Minority populations account for nearly 50 percent of 
     those on the national transplant waiting list.
       (6) Diseases that can lead to organ failure, such as 
     hypertension and diabetes, are found more frequently in 
     ethnic minority populations than in the general population.
       (7) While minorities donate organs in proportion to their 
     population, the rate of organ donations fails to keep pace 
     with the need for transplants in the population. African-
     Americans, for example, represent about 13 percent of the 
     population and 12 percent of organ donors, but comprise 
     roughly 23 percent of individuals on national transplant 
     waiting list for kidney transplants.
       (8) Transplantation success rates are higher when organs 
     are matched between people sharing the same racial and ethnic 
     background.
       (9) Because of the disparities in the need for organs, 
     minorities are more likely to wait longer to find a 
     successful match and are more likely to be sicker when an 
     organ is found.
       (10) An increase in minority organ donations would decrease 
     the waiting time and increase the likelihood of successful 
     transplantations for minorities.

     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.

[[Page H8701]]

       (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.

       (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.
       (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.

     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 Funds.--
       (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, as in effect on the date of the enactment of 
     this Act.
       (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 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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Wisconsin (Ms. Moore) and the gentlewoman from West Virginia (Mrs. 
Capito) will each control 20 minutes.
  The Chair recognizes the gentlewoman from Wisconsin.


                             General Leave

  Ms. MOORE of Wisconsin. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and to include extraneous materials on H.R. 6950.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Wisconsin?
  There was no objection.
  Ms. MOORE of Wisconsin. Mr. Speaker, I yield myself such time as I 
may consume.
  It is with great humility and respect that I present for favorable 
consideration H.R. 6950, the Stephanie Tubbs Jones Gift of Life Medal 
Act of 2008.
  Our friend, our respected colleague, Congresswoman Stephanie Tubbs 
Jones, worked tirelessly for her district, for her community and for 
people who are underrepresented. As a constant advocate for justice and 
peace, as a very proud member of the Ways and Means Subcommittee on 
Health, she was a fervent supporter and leader of efforts to reduce 
health disparities in our Nation.
  This legislation directs the Treasury Department to design and 
produce a commemorative medal that the Department of Health and Human 
Services will award to organ donors or to a surviving family member, 
which is especially fitting to be named in honor of Congresswoman 
Stephanie Tubbs Jones for a couple of reasons:
  Organ donation is an area where dramatic health disparities still 
exist. She, herself, was an organ donor, and over 50 beneficiaries have 
benefited from her gift of life.
  The number of Americans affected by shortages of suitable organs for 
donation is considerable. Nearly 100,000 people are currently waiting 
for organ transplants, and nearly 2,000 of these are children under 18. 
The national waiting list grows substantially every year. Since the 
waiting list began, over 80,000 donation-eligible Americans have died 
while waiting for an organ to become available. In 2007 alone, over 
6,500 people died for lack of a suitable organ.
  The men and women who elect to become organ donors are heroes and 
sheroes just like our friend and colleague. They have the opportunity 
to give the gift of life to thousands of Americans who are suffering 
from debilitating and lethal diseases.
  While the gift of a donor is priceless, the enactment of this bill 
would have no cost to the Federal Government as funding for the medals 
would come from charitable donations.
  I would reserve the balance of my time.
  Mrs. CAPITO. Mr. Speaker, I rise today in support of H.R. 6950, the 
Stephanie Tubbs Jones Gift of Life Medal Act of 2008.
  As everyone in this Chamber knows, the late Congresswoman Stephanie 
Tubbs Jones was a wonderful woman and was a tireless public servant. 
She sought to use her time each day to serve the people of her district 
and of this Nation, and the extraordinary generosity she exhibited in 
so many of her actions proves to be one of her lasting legacies. She 
was also a very joyful woman, and she brought much joy to all of those 
who were fortunate enough to know her. I include myself in that group.
  However, nowhere have her selfless nature and leadership qualities 
been more apparent than in her decision to be an organ donor. Her 
untimely death was a tragedy, but because of her decision, others will 
be fortunate to enjoy the gift of life.
  Currently, there are close to 100,000 individuals on the national 
transplant waiting list. Each hour, this number increases, adding a new 
name approximately every 16 minutes. Yet, despite how sobering this 
statistic is and the even harsher statistic that my colleague 
mentioned, more sobering is the number of people who die while waiting 
for a life-saving organ transplant. This number is 16 people per day. 
Understanding that reality, Representative Tubbs Jones did what she 
always did. She volunteered to give to those in need.
  This legislation honors her actions. The bill before us today would 
establish a Stephanie Tubbs Jones Gift of Life Medal, and it would make 
any organ donor or family of the organ donor eligible to receive the 
honor. The legislation empowers the Secretary of Health and Human 
Services to direct the Organ Procurement and Transplantation Network to 
establish an application and assessment process for donors in order to 
receive the award.

[[Page H8702]]

  By agreeing to this legislation, this Congress honors the actions of 
Representative Tubbs Jones and the actions of so many others who sought 
to give what they could to those in need. This is an important action, 
and I urge my colleagues to support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. MOORE of Wisconsin. Mr. Speaker, many thanks are due to 
Representative Pete Stark, the chairman of the Ways and Means Health 
Subcommittee, who quickly organized this bill in honor of our 
colleague.
  Also, many thanks go to former Senate majority leader and transplant 
surgeon Bill Frist for whom this bill was named in an earlier version 
in this Congress. Now, while in the Senate, Dr. Frist worked hard on 
behalf of organ donors and their families. He supported renaming the 
bill for Representative Tubbs Jones. Earlier versions of this bill have 
been endorsed by the Association of Organ Procurement Organizations, by 
the American Society of Transplantation, by the American Association of 
Transplant Surgeons, by the National Kidney Foundation, by the American 
Association of Kidney Patients, by the Organization of Transplant 
Professionals, and by the Transplant Recipients International 
Organization.
  I strongly urge passage of this bill.
  I would ask the lady if she has any further speakers.
  Mrs. CAPITO. I have no further speakers.
  I yield back the balance of my time.
  Mr. STARK. Mr. Speaker, I rise today to urge passage of the 
``Stephanie Tubbs Jones Gift of Life Medal Act of 2008,'' and to thank 
the many colleagues and friends of Stephanie's who joined together to 
bring this bill to the floor.
  Stephanie's life ended as she lived it; by exemplifying concern for 
the welfare of others. She donated her organs in the waning hours of 
her life so that the lives of others could continue. In that spirit, 
this bill creates a commemorative medal for organ donors and their 
families, recognizing the brave and selfless act of organ donation.
  The need for organ donation is critical. Since the national 
transplant waiting list began, more than 80,000 donation-eligible 
Americans have died waiting for an organ to become available; in 2007 
alone, more than 6,500 people died for lack of a suitable organ.
  As an active member of the Ways and Means Health Subcommittee, 
Stephanie worked tirelessly to remedy health disparities in our nation. 
Organ donation is one area where dramatic health disparities exist, 
which makes this all the more of a fitting tribute.
  While minorities donate organs in proportion to their population, the 
rate of organ donations fails to keep pace with the need for 
transplants in the population. Minority populations account for close 
to 50% of the people who are currently waiting for organ transplants.
  I'd like to take a moment to recognize the help of former Senate 
Majority Leader and transplant surgeon Dr. Bill Frist, for whom this 
bill was named for when it was introduced earlier this year. Dr. Frist 
is a tireless advocate of organ donors and their families, and worked 
on behalf of the Gift of Life Medal Act. I appreciate his graciousness 
in expressing his strong support for renaming the bill, and I would ask 
the Chair to have Dr. Frist's letter of support inserted into the 
Record.
  I ask my colleagues to help bring an end to transplant waiting lists 
and recognize the enormous courage displayed by organ donors and their 
families. This bill honors these brave acts, while publicizing the 
critical need for increased organ donation, and pays tribute to the 
selflessness and memory of our colleague. Stephanie's dedication to 
improving health care should be permanently recognized. I urge passage 
of the Stephanie Tubbs Jones Gift of Life Medal Act.

                                Nashville, TN, September 15, 2008.
     Hon. Pete Stark,
     Chairman, Ways and Means Health Subcommittee, Longworth House 
         Office Building, Washington, DC.
     Hon. Dave Camp,
     Ranking Member, Ways and Means Health Subcommittee, Cannon 
         House Office Building, Washington, DC.
       Dear Chairman Stark and Ranking Member Camp: Thank you for 
     your leadership on the Gift of Life Congressional Medal.
       Like you, I am truly inspired by those that donate their 
     organs. I can think of no act that is more honorable or 
     selfless, and it is befitting of Congress to pass this act to 
     recognize these outstanding individuals and their families. I 
     was pleased to sponsor this legislation in the Senate.
       It is also extremely fitting to name this legislation in 
     honor of the late Congresswoman Stephanie Tubbs Jones. A 
     tireless advocate for those in need, she cemented her legacy 
     by donating her organs and tissue, which will help over 50 
     individuals. Her act, and the thousands that have come before 
     it, must be recognized.
       Each year, there are nearly 14,000 organs that are donated. 
     As a transplant surgeon, I have seen first hand how lives are 
     transformed through these miraculous gifts. For me, it is a 
     privilege to be part of the transplantation process. I am 
     continually amazed at the advances in technology that make 
     transplants more successful every year.
       While advances are being made, there are still too few 
     donors--nearly 100,000 people are waiting on national 
     transplant lists. To encourage more donors, we should make 
     every effort to recognize those that make this life-saving 
     decision. I believe creating a Gift of Life Congressional 
     medal is critically important to increasing awareness on this 
     issue.
       Again, please accept my sincere appreciate for your work 
     and strong support for naming the Gift of Life Congressional 
     Medal Act in honor of Congresswoman Stephanie Tubbs Jones. It 
     is a fitting tribute for such and outstanding and committed 
     woman.
           Sincerely,
                                             Dr. William H. Frist.

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I speak today on a very close 
subject to my heart, House Resolution 6950, a bill to establish the 
Stephanie Tubbs Jones Gift of Life Medal for organ donors and the 
family of organ donors. Congresswoman Tubbs Jones was a rare breed of 
person who not only talked the talk, but walked the walk.
  Tragedy struck Congress a few weeks ago when Congresswoman Tubbs 
Jones was taken from us. This brought attention to an issue of vital 
importance to her and the Nation. Organ transplantation is the greatest 
gift a person can give. While a majority of them happen while both the 
donor and the recipient are alive, a large number happen after death. 
Unfortunately these organs, such as the heart, lung, liver, and kidney, 
among others, are very hard to come by. In the Congresswoman's home 
State, only 53 percent of the population was a registered organ donor. 
This is a good start but we must go further.
  When a loved one dies, it is never a happy moment; experiences like 
this always bring sadness and sorrow. When that loved one's death can 
serve as a beacon of hope for another, it does not lessen the sadness; 
it allows the family to have a good, if small, memory of the loss of 
their loved one. When Congresswoman Tubbs Jones passed away, we were 
all deeply saddened but I think I can speak for more than a few of my 
fellow Members of Congress when I express the joy and pride I felt when 
I learned that after years of advocating for organ transplantation, 
Congresswoman Tubbs Jones left all of her vital organs to those in 
need.
  Organ transplantation needs to increase in this country. With 
currently over 100,000 people on the transplant list waiting for 
organs, we can not afford to wait to act any longer. Currently, African 
Americans make up about 12 percent of the Nation's population and about 
12 percent of the patients who donate. However, of all the patients 
requiring a transplant, 23 percent of them are African American. This 
disparity is a growing epidemic and must be resolved.
  This bill will do three wonderful things and help the cause that the 
Congresswoman fought for in all her years serving Ohio. One, it will 
honor the life of an unwavering advocate of transplant. Naming the 
medal after her will show all those who come later, that this was a 
woman deep with passion about this important issue. It will shine a 
light on a life that helped shine a light on others.
  Second, this bill will honor those, who like the Congresswoman, have 
showed their true patriotism to their fellow man or woman and shared 
with them the greatest gift. These medals are a way that the Federal 
Government, on behalf of its people, to begin to thank Americans who 
commit themselves to being organ donors.
  Lastly this bill will help raise awareness for minority health 
issues. It was found that African Americans make up a disproportional 
number of patients requiring transplants and that they wait, on 
average, longer to receive an organ. When they do finally receive this 
opportunity, they are sicker and the success rate is not what it could 
be. We can, and must, do more.
  Mr. Speaker, we can do something to help the millions of men and 
women around the world waiting for organ transplants. We should also 
move quickly to honor those who have already given the greatest gift 
there is. As Albert Einstein once said, ``Only a life lived for others 
is a life worthwhile'' and no one exemplified this better than 
Stephanie Tubbs Jones. I urge my colleagues to pass this bill to honor 
her.
  Ms. MOORE of Wisconsin. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Wisconsin (Ms. Moore) that the House suspend the rules 
and pass the bill, H.R. 6950.
  The question was taken.

[[Page H8703]]

  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. CAPITO. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________