109th CONGRESS
2d Session
H. R. 4753
To establish a congressional commemorative medal for organ donors
and their families.
IN THE HOUSE OF REPRESENTATIVES
February 14, 2006
Mr. STARK introduced the following bill; which was referred to the Committee
on Financial Services, and in addition to the Committee on Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To establish a congressional commemorative medal for organ donors
and their families.
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 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.
(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, 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.
(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.
For purposes of this Act--
(1) 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;
and
(2) 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 2-year period beginning on the date
of the enactment of this Act.
END
