II

103D CONGRESS

2D SESSION S. 2495

To establish a congressional commemorative medal for organ and tissue

donors and their families.

IN THE SENATE OF THE UNITED STATES

OCTOBER 3 (legislative day, SEPTEMBER 12), 1994

Mr. MURKOWSKI (for himself, Mr. BOND, Mr. CHAFEE, Mr. COCHRAN, Mr.

COVERDELL, Mr. CRAIG, Mr. D’AMATO, Mr. DECONCINI, Mr. DORGAN,

Mr. DURENBURGER, Mr. FEINGOLD, Mr. GORTON, Mr. INOUYE, Mr.

HATCH, Mr. HELMS, Mr. JEFFORDS, Mr. KOHL, Mr. LAUTENBERG, Mr.

LEAHY, Mr. LEVIN, Mr. LUGAR, Mr. MACK, Mr. MCCAIN, Ms. MOSLEYBRAUN, Mr. ROBB, Mr. ROCKEFELLER, Mr. SHELBY, Mr. SIMON, Mr.

SPECTER, Mr. STEVENS, Mr. THURMOND, and Mr. WOFFORD) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To establish a congressional commemorative medal for organ

and tissue donors and their families.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Gift of Life Congres5 sional Medal Act of 1994’’.
2

•S 2495 IS

1 SEC. 2. CONGRESSIONAL MEDAL.

2 The Secretary of the Treasury shall design and strike

3 a bronze medal with suitable emblems, devices, and in4 scriptions, to be determined by the Secretary of the Treas5 ury, to commemorate organ and tissue donors and their

6 families.

7 SEC. 3. ELIGIBILITY REQUIREMENTS.

8 (a) IN GENERAL.—Any organ donor, tissue donor, or

9 the family of any organ or tissue donor, shall be eligible

10 for a medal described in section 2.

11 (b) DOCUMENTATION.—The Secretary of Health and

12 Human Services shall—

13 (1) establish an application procedure requiring

14 an individual, their family, or an organ or tissue

15 procurement agency acting on behalf of an individ16 ual or their family, to submit to the Secretary docu17 mentation supporting the eligibility of that individ18 ual or their family for receipt of a medal described

19 in section 2; and

20 (2) determine, through the documentation pro21 vided, and, if necessary, independent investigation,

22 whether the individual or family is eligible to receive

23 a medal described in section 2.

24 SEC. 4. PRESENTATION.

25 (a) DELIVERY TO THE SECRETARY OF HEALTH AND

26 HUMAN SERVICES.—The Secretary of the Treasury shall
3

•S 2495 IS

1 deliver medals struck pursuant to this Act to the Secretary

2 of Health and Human Services.

3 (b) DELIVERY TO ELIGIBLE RECIPIENTS.—The Sec4 retary of Health and Human Services shall arrange for

5 the presentation, through a qualified organ procurement

6 organization, as described in section 371(b)(1) of the Pub7 lic Health Service Act (42 U.S.C. 273(b)(1)), of medals

8 struck pursuant to this Act to individuals or families that,

9 in accordance with section 3, the Secretary has determined

10 are eligible to receive medals under this Act.

11 (c) LIMITATION.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), only 1 medal may be presented to a fam14 ily under subsection (b).

15 (2) EXCEPTION.—In the case of a family in

16 which more than 1 member is an organ or tissue

17 donor, the Secretary of Health and Human Services

18 may present 1 medal to each such organ or tissue

19 donor.

20 SEC. 5. DUPLICATE MEDALS.

21 (a) IN GENERAL.—The Secretary of the Treasury

22 may strike and sell duplicates of the medal described in

23 section 2 to any recipient of a medal under section 4(b),

24 under such regulations as the Secretary of the Treasury

25 may issue.
4

•S 2495 IS

1 (b) LIMITATION.—The sale price of a duplicate medal

2 shall be sufficient to cover the cost of such duplicates.

3 SEC. 6. NATIONAL MEDALS.

4 The medals struck pursuant to this Act are national

5 medals for purposes of section 5111 of title 31, United

6 States Code.

7 SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULA8 TIONS.

9 (a) IN GENERAL.—Except as provided in subsection

10 (b), no provision of law governing procurement or public

11 contracts shall be applicable to the procurement of goods

12 or services necessary for carrying out the provisions of this

13 Act.

14 (b) EQUAL EMPLOYMENT OPPORTUNITY.—Sub15 section (a) shall not relieve any person entering into a con16 tract under the authority of this Act from complying with

17 any law relating to equal employment opportunity.

18 SEC. 8. SOLICITATION OF DONATIONS.

19 (a) IN GENERAL.—The Secretary of the Treasury

20 may enter into an agreement with the Organ Procurement

21 and Transplantation Network established under section

22 372 of the Public Health Service Act (42 U.S.C. 274) to

23 solicit donated funds to offset expenditures relating to the

24 issuance of medals authorized under this Act.

25 (b) PAYMENT OF FUNDS.—
5

•S 2495 IS

1 (1) IN GENERAL.—Except as provided in para2 graph (2), all funds received by the Organ Procure3 ment and Transplantation Network under subsection

4 (a) shall be promptly paid by the Organ Procure5 ment and Transplantation Network to the Secretary

6 of the Treasury.

7 (2) LIMITATION.—Not more than 5 percent of

8 any funds received under subsection (a) shall be

9 used to pay administrative costs incurred by the

10 Organ Procurement and Transplantation Network

11 as a result of an agreement established under this

12 section.

13 (c) NUMISMATIC PUBLIC ENTERPRISE FUND.—Not14 withstanding any other provision of law—

15 (1) all amounts received by the Secretary of the

16 Treasury under subsection (b)(1) shall be deposited

17 in the Numismatic Public Enterprise Fund, as de18 scribed in section 5134 of title 31, United States

19 Code; and

20 (2) the Secretary of the Treasury shall charge

21 such fund with all expenditures relating to the issu22 ance of medals authorized under this Act.

23 (d) NO NET COST TO THE GOVERNMENT.—The Sec24 retary of the Treasury shall take all actions necessary to
6

•S 2495 IS

1 ensure that the issuance of medals authorized under sec2 tion 2 results in no net cost to the Government.

3 SEC. 9. ORGAN AND TISSUE DEFINED.

4 For purposes of this Act—

5 (1) the term ‘‘organ’’ means the human kidney,

6 liver, heart, lung, pancreas, and any other human

7 organ (other than corneas and eyes) specified by

8 regulation of the Secretary of Health and Human

9 Services; and

10 (2) the term ‘‘tissue’’ means human tissues, in11 cluding corneas, eyes, bone marrow, tendons, veins,

12 skin, and heart-valves.

Æ