[Congressional Record Volume 145, Number 96 (Thursday, July 1, 1999)]
[Senate]
[Page S8131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Edwards, Mr. Frist, Mr. Levin, Mr. 
        Stevens, Mr. Sarbanes, and Mr. Durbin):
  S. 1334. A bill to amend chapter 63 of title 5, United States Code, 
to increase the amount of leave time available to a Federal employee in 
any year in connection with serving as an organ donor, and for other 
purposes; to the Committee on Governmental Affairs.


                         organ donor leave act

  Mr. AKAKA. Mr. President, I am pleased today to introduce the Organ 
Donor Leave Act. This bill would extend the amount of leave in each 
calendar year available to federal workers who serve as living organ 
donors from 7 days to 30 days. It is a straight forward way to ensure 
that federal employees who serve as an organ donor have sufficient time 
to recover from an organ transplant operation.
  I am delighted to be joined by Senator Frist, one of the nation's 
leading transplant surgeons and the only active surgeon in Congress, as 
well as Senators Edwards, Stevens, Levin, Sarbanes, and Durbin. The 
bill we offer is a companion bill to H.R. 457, introduced by 
Representative Elijah Cummings and marked out of the House Government 
Reform Committee. Last year, an identical bill passed the House, but 
not the Senate. It is my hope that, with such a distinguished list of 
cosponsors from both sides of the aisle, the Senate will quickly enact 
this important legislation.
  In most instances, an organ transplant operation and post-operative 
recovery time for a living donor is generally six to eight weeks. In 
order to address the disparity between the available leave a federal 
employee may take for an organ donation and the average recovery time, 
the Office of Personnel Management (OPM) and the Department of Health 
and Human Services (HHS) assisted in the drafting of this legislation 
to increase the amount of time that may be used for organ donation to 
30 days. The amount of leave for a bone marrow donation would remain at 
seven days because experience shows that a week is considered adequate 
recovery time form bone marrow donations.
  Since 1954, when the first kidney transplant was performed, there 
have been hundreds of patients who have received successful transplants 
from living donors. Unfortunately, there are not enough organs 
available and over 55,000 Americans currently wait for a life-saving 
organ. There are certain organs, such as a single kidney, a lobe of a 
lung, a segment of the liver, or a portion of the pancreas, which may 
be transplanted from a living donor. These operations can reduce the 
mortality of small children needing liver transplants, help another 
person breathe, or free a dialysis patient from daily treatment.
  According to the University of Southern California Liver Transplant 
Program, ``With living donors, liver transplants can be performed 
electively and before patients get extremely ill, thus leading to 
better outcomes. Another advantage to this approach is the emotional 
satisfaction donors share with recipients when a life is saved.''
  Our bill has the strong support of the American Transplantation 
Society, the nation's largest professional transplant organization, 
representing over 1,400 physicians, surgeons, and scientists. In a 
letter expressing support of the Organ Donor Leave Act, the AST noted: 
``. . . a lack of leave time has served as a significant impediment and 
disincentive for individuals willing to share the gift-of-life. This 
important initiative addresses the disparities between leave time and 
recovery time.'' According to AST, the bill would give ``. . . donors 
the added assurance that they will be granted an adequate amount of 
time to recuperate from the life-saving process that they undertake 
voluntarily.''
  Mr. President, this bill has already been passed by the House once, 
and appears to be on the same course in the 106th Congress. I hope the 
Senate will agree with the other chamber, and I urge my colleagues to 
support moving this life-saving legislation as soon as possible. I ask 
unanimous consent that a letter from the American Society of 
Transplantation be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                  American Society


                                           of Transplantation,

                                     Thorofare, NJ, June 29, 1999.
     Hon. Daniel Akaka,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Akaka: The American Society of Transplantation 
     (AST) commends you for your continuing efforts to improve our 
     nation's system for organ donation and transplantation. The 
     AST is the largest professional transplant organization in 
     the United States and represents over 1,400 physicians, 
     surgeons and scientists. During the last few years, the 
     Society has greatly appreciated the opportunity to work with 
     Congressional Members and staff in addressing many important 
     organ transplantation issues.
       The AST applauds you most recent efforts to improve organ 
     donation by introducing the Senate companion legislation to 
     H.R. 457 which seeks to amend the United States Code, to 
     increase the amount of leave time available to a Federal 
     employee in any year in connection with serving as an organ 
     donor. Through this legislation, the Federal Government will 
     become a leader in encouraging individuals to perform the 
     valuable public service of donating organs.
       In the past, a lack of leave time has served as a 
     significant impediment and disincentive for individuals 
     willing to share the gift-of-life. This important initiative 
     address disparities between leave time and recovery time. 
     This legislation gives donors the added assurance that they 
     will be granted an adequate amount of time to recuperate from 
     the life saving process that they undertake voluntarily.
       As we have discussed in the past, the problems that our 
     nation faces in the allocation of organs and tissues for 
     transplantation, a precious and scarce resource, are complex, 
     and continue to evolve from both a medical and policy 
     perspective. However, the real answer to dealing with the 
     dilemma of allocating and distributing an inadequate supply 
     of organs is through efforts such as yours to increase 
     donation.
       On behalf of the thousands of U.S. patients currently 
     awaiting organ transplants, we commend you for your 
     leadership in this area. In addition, we look forward to 
     continuing to work with you in the future to improve the 
     field of transplantation medicine.
           Sincerely,
     John R. Lake,
       President.
     John F. Neylan,
       Chair, Public Policy Committee.
                                 ______