[Congressional Record Volume 154, Number 157 (Monday, September 29, 2008)]
[House]
[Page H10629]
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. Madam Speaker, I ask unanimous consent that 
the Committees on Financial Services and Energy and Commerce be 
discharged from further consideration of the bill (H.R. 7198) to 
establish the Stephanie Tubbs Jones Gift of Life Medal for organ donors 
and the family of organ donors, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Wisconsin?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 7198

       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 ``Stephanie Tubbs Jones Gift 
     of Life Medal Act of 2008''.

     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.
       (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; PROHIBITION ON USE OF 
                   FEDERAL FUNDS.

       (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 and paying 
     the administrative costs of the Secretary of Health and Human 
     Services and the Secretary of the Treasury in carrying out 
     this Act.
       (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.
       (c) Prohibition on Use of Federal Funds.--No Federal funds 
     (including amounts appropriated for use by the Organ 
     Procurement and Transplantation Network) may be used for 
     purposes of carrying out this Act, including purchasing 
     medals under this Act or paying the administrative costs of 
     the Secretary of Health and Human Services or the Secretary 
     of the Treasury 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 Fund.--
       (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.
       (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 Procurementand 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 bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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