Part H– 1—Stephanie Tubbs Jones Gift of Life Medal
Editorial Notes
Codification
Part was enacted as part of the Stephanie Tubbs Jones Gift of Life Medal Act of 2008, and not as part of the Public Health Service Act which comprises this chapter.
§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 part, 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 part 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
(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.
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§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 part.
(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 part 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 part.
(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 part.
(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 part, including purchasing medals under this part or paying the administrative costs of the Secretary of Health and Human Services or the Secretary of the Treasury in carrying out this part.
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§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
(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 part 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 part 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 October 14, 2008, 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.
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§274i–3. Medals not treated as valuable consideration
A medal under this part shall not be treated as valuable consideration for purposes of
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§274i–4. Definitions
For purposes of this part:
(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
(3) Organ Procurement and Transplantation Network
The term "Organ Procurementand 1 Transplantation Network" means the Organ Procurement and Transplantation Network established under