[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1857 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1857

 To amend the Family and Medical Leave Act of 1993 to allow leave for 
individuals who give living organ donations, to amend the Public Health 
Service Act with respect to paying travel and subsistence expenses that 
are incurred by individuals in donating or receiving of organs, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 1999

   Mrs. Thurman (for herself, Mr. Stark, Mr. Canady of Florida, Ms. 
 Berkley, Mr. Matsui, Mr. Lewis of Georgia, Ms. Baldwin, Mr. Hilliard, 
 Mr. Barrett of Wisconsin, Ms. Kilpatrick, Ms. Millender-McDonald, and 
Ms. Hooley of Oregon) introduced the following bill; which was referred 
to the Committee on Education and the Workforce, and in addition to the 
 Committees on Commerce, Government Reform, House Administration, and 
   Ways and Means, 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 amend the Family and Medical Leave Act of 1993 to allow leave for 
individuals who give living organ donations, to amend the Public Health 
Service Act with respect to paying travel and subsistence expenses that 
are incurred by individuals in donating or receiving of organs, and for 
                            other purposes.

    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 ``Living Organ Donation Incentives Act 
of 1999''.

SEC. 2. FAMILY AND MEDICAL LEAVE.

    (a) Civilian Population.--
            (1) Leave requirement.--Section 102(a) of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by 
        adding at the end the following:
                    ``(E) to provide a living organ donation, including 
                time spent for--
                            ``(i) tests used to determine if the live 
                        donor is medically suitable to donate;
                            ``(ii) physical, psychological, and social 
                        evaluations of the live donor;
                            ``(iii) pre-transplant outpatient services;
                            ``(iv) post-operative inpatient and 
                        outpatient transplantation services;
                            ``(v) travel in connection with tests, 
                        evaluations, and services described in clauses 
                        (i) through (iv); and
                            ``(vi) recuperation consistent with the 
                        type of transplant.''.
            (2) Conforming.--
                    (A) Section 102.--Sections 102(b) and 102(e) of 
                such Act (29 U.S.C. 2612(b), (e)) are each amended by 
                striking ``(C) or (D)'' each place it occurs and 
                inserting ``(C), (D), or (E)''.
                    (B) Section 102(b).--Sections 102(b)(2) and 
                102(e)(2) of such Act (29 U.S.C. 2612(b)(2), 
                2612(e)(2))) are each amended by inserting ``, 
                including living organ donation'' after ``treatment''.
                    (B) Section 103.--Section 103 of such Act (29 
                U.S.C. 2613) is amended--
                    (A) in subsection (b)(4), by striking ``and'' at 
                the end of subparagraph (A), by striking the period at 
                the end of subparagraph (B) and inserting ``; and'', 
                and by adding at the end the following:
    ``(C) for purposes of leave under section 6382(a)(1)(E), a 
statement that the employee is unable to perform the functions of the 
position of the employee.'';
                    (B) in subsection (b)(5), by inserting ``or living 
                organ donation'' after ``treatment'' each place it 
                appears; and
                    (C) in subsection (c)(1), by striking ``(C) or 
                (D)'' and inserting ``(C), (D), or (E)''.
                    (C) Section 104(a).--Section 104(a)(4) of such Act 
                (29 U.S.C. 2614(a)(4)) is amended by inserting ``or 
                section 102(a)(1)(E)'' after ``(D)''.
                    (D) Section 104(c).--Section 104(c)(2) of such Act 
                (29 U.S.C. 2614(c)(2)) is amended by striking ``(C) or 
                (D)'' and inserting ``(C), (D), or (E)'' and section 
                104(c)(3)(A) is amended by striking ``or'' at the end 
                of clause (i), by striking the period at the end of 
                clause (ii) and inserting ``; or'', and by adding at 
                the end the following:
                            ``(iii) a certification issued by the 
                        health care provider of the eligible employee, 
                        in the case of an employee unable to return to 
                        work because of a condition specified in 
                        section 102(a)(1)(E).'';
                and section 104(c)(3)(C)(i) of such Act (29 U.S.C. 
                2614(c)(3)(C)(i)) is amended by inserting ``or 
                (A)(iii)'' after ``(ii)''.
                    (E) Section 108.--Section 108(c)(1) of such Act (29 
                U.S.C. 2618(c)(1)) is amended by striking ``(C) or 
                (D)'' and inserting ``(C), (D), or (E)'' and by 
                inserting ``, including living organ donation'' after 
``treatment'' each place it occurs.
    (b) Federal Population.--
            (1) Leave requirement.--Section 6382(a)(1) of title 5, 
        United States Code, is amended by adding at the end the 
        following:
            ``(E) to provide a living organ donation, including time 
        spent for--
                    ``(i) tests used to determine if the live donor is 
                medically suitable to donate;
                    ``(ii) physical, psychological, and social 
                evaluations of the live donor;
                    ``(iii) post-operative inpatient and outpatient 
                transplantation services;
                    ``(iv) pre-transplant outpatient services;
                    ``(v) travel in connection with tests, evaluations, 
                and services described in clauses (i) through (iv); and
                    ``(vi) recuperation consistent with the type of 
                transplant.''.
            (2) Conforming.--
                    (A) Section 6382(b)(2).--Section 6382(b)(2) of such 
                title is amended by striking ``(C) or (D)'' and 
                inserting ``(C), (D), or (E)''.
                    (B) Section 6382(d).--Section 6382(d) of such title 
                is amended by striking ``or (D)'' and inserting ``(D), 
                or (E)''.
                    (C) Section 6382(e)(2).--Section 6382(e)(2) of such 
                title is amended by striking ``(C) or (D)'' and 
                inserting ``(C), (D), or (E)''.
                    (D) Section 6383(a).--Section 6383(a) of such title 
                is amended by striking ``(C) or (D)'' and inserting 
                ``(C), (D), or (E)''.
                    (E) Section 6833(b)(4).--Section 6833(b)(4) of such 
                title is amended by striking ``and'' at the end of 
                subparagraph (A), by striking the period at the end of 
                subparagraph (B) and inserting ``; and'', and by adding 
                at the end the following:
    ``(C) for purposes of leave under section 6382(a)(1)(E), a 
statement that the employee is unable to perform the functions of the 
position of the employee.''.
                    (F) Section 6833(b)(5).--Section 6833(b)(5) of such 
                title is amended by inserting ``, including living 
                organ donation'' after ``treatment''.
                    (G) Section 6384(d).--Section 6384(d) of such title 
                is amended by inserting ``or section 6382(a)(1)(E)'' 
                after ``(D)''.

SEC. 3. NATIONAL PROGRAM FOR PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES 
              INCURRED TOWARD DONATION OR RECEIPT OF ORGANS.

    Part H of the Public Health Service Act (42 U.S.C. 273 et seq.) is 
amended--
            (1) by redesignating section 378 as section 379; and
            (2) by inserting after section 377 the following section:

 ``payment of travel and subsistence expenses regarding organ donation

    ``Sec. 378. (a) In General.--The Secretary may carry out a national 
program of making awards of grants or contracts to States, transplant 
centers, qualified organ procurement organizations under section 371, 
or other public or private entities for the purpose of providing for 
the payment of travel and subsistence expenses incurred by individuals, 
or as applicable their families, toward making or receiving donations 
of organs.
    ``(b) Certain Criteria.--In establishing criteria for carrying out 
subsection (a), the Secretary may include the following:
            ``(1) In addition to the payment of travel and subsistence 
        expenses, the criteria may provide for the payment of such 
        additional nonmedical expenses as the Secretary determines to 
        be appropriate.
            ``(2) The criteria may provide that the individuals for 
        whom qualifying expenses are paid will include individuals, or 
        as applicable their families, who in good faith incur such 
        expenses toward the intended donating or receiving of an organ 
        but with respect to whom, for such reasons as the Secretary 
        determines to be appropriate, no donating or receiving of the 
        organ occurs.
    ``(c) Relationship to Payments Under Other Programs.--A grant may 
be made under subsection (a) only if the applicant involved agrees that 
the grant will not be expended to pay qualifying expenses for an 
individual to the extent that payment has been made, or can reasonably 
be expected to be made, with respect to such expenses--
            ``(1) under any State compensation program, under an 
        insurance policy, or under any Federal or State health benefits 
        program; or
            ``(2) by an entity that provides health services on a 
        prepaid basis.
    ``(d) Definition.--For purposes of this section, the term 
`qualifying expenses', with respect to donating or receiving an organ, 
means travel and subsistence expenses, and such additional nonmedical 
expenses as may be designated under subsection (b)(1).
    ``(e) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated such sums as 
may be necessary for each of the fiscal years 2000 through 2004.''.

SEC. 4. INCREASE IN PAYMENT AMOUNT FOR RENAL DIALYSIS SERVICES 
              FURNISHED UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1881(b)(7) of the Social Security Act (42 
U.S.C. 1395rr(b)(7)) is amended by adding at the end the following new 
flush sentence:
``The Secretary shall increase the amount of each composite rate 
payment for dialysis services furnished on or after January 1, 2000, by 
2.9 percent above such composite rate payment amounts for such services 
furnished on December 31, 1999.''.
    (b) Conforming Amendment.--
            (1) In general.--Section 9335(a) of the Omnibus Budget 
        Reconciliation Act of 1986 (42 U.S.C. 1395rr note) is amended 
        by striking paragraph (1).
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on January 1, 2000.
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