```

[110th Congress Public Law 413]
[From the U.S. Government Printing Office]

[DOCID: f:publ413.110]

[[Page 4337]]

          STEPHANIE TUBBS JONES GIFT OF LIFE MEDAL ACT OF 2008

[[Page 122 STAT. 4338]]

Public Law 110-413
110th Congress

                                 An Act

 
  To establish the Stephanie Tubbs Jones Gift of Life Medal for organ 
 donors and the family of organ donors. <<NOTE: Oct. 14, 2008 -  [H.R. 
                                7198]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Stephanie 
Tubbs Jones Gift of Life ` Medal Act of 2008.>> 
SECTION 1. <<NOTE: 42 USC 201 note.>> SHORT TITLE.

    This Act may be cited as the ``Stephanie Tubbs Jones Gift of Life 
Medal Act of 2008''.
SEC. 2. <<NOTE: 42 USC 274i.>> 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.

[[Page 122 STAT. 4339]]

SEC. 3. <<NOTE: 42 USC 274i-1.>> 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. <<NOTE: 42 USC 274i-2.>> 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.

[[Page 122 STAT. 4340]]

    (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. <<NOTE: 42 USC 274i-3.>> 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. <<NOTE: 42 USC 274i-4.>> 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).

    Approved October 14, 2008.

LEGISLATIVE HISTORY--H.R. 7198:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 29, considered and passed House.
            Oct. 1, considered and passed Senate.

                                  <all>
```