[Congressional Record (Bound Edition), Volume 145 (1999), Part 12]
[House]
[Pages 17752-17754]
[From the U.S. Government Publishing Office, www.gpo.gov]



                         ORGAN DONOR LEAVE ACT

  Mrs. BIGGERT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 457) to amend 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.
  The Clerk read as follows:

                                H.R. 457

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

     SECTION 1. INCREASED LEAVE TIME TO SERVE AS AN ORGAN DONOR.

       (a) Short Title.--This Act may be cited as the ``Organ 
     Donor Leave Act''.
       (b) In General.--Subsection (b) of the first section 6327 
     of title 5, United States Code (relating to absence in 
     connection with serving as a bone-marrow or organ donor) is 
     amended to read as follows:
       ``(b) An employee may, in any calendar year, use--
       ``(1) not to exceed 7 days of leave under this section to 
     serve as a bone-marrow donor; and
       ``(2) not to exceed 30 days of leave under this section to 
     serve as an organ donor.''.
       (c) Technical Amendments.--(1) The second section 6327 of 
     title 5, United States Code (relating to absence in 
     connection with funerals of fellow Federal law enforcement 
     officers) is redesignated as section 6328.
       (2) The table of sections at the beginning of chapter 63 of 
     title 5, United States Code, is amended by adding after the 
     item relating to section 6327 the following:

``6328.  Absence in connection with funerals of fellow Federal law 
              enforcement officers.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Illinois (Mrs. Biggert) and the gentleman from Maryland (Mr. Cummings) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Illinois (Mrs. Biggert).


                             General Leave

  Mrs. BIGGERT. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 457.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Illinois?
  There was no objection.
  Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 457, the Organ Donor 
Leave Act. I commend the distinguished gentleman from Maryland (Mr. 
Cummings) for introducing this important bill. I know that my 
colleagues in the House are strong supporters of organ donation; but 
whenever we have a chance to highlight this important issue, we should 
do so.
  More than 54,000 people are currently on the organ transplant waiting 
list, and about 4,000 each year die while waiting for a transplant. I 
believe that Congress should do whatever it can do to encourage our 
citizens to consider becoming organ or bone marrow donors and that the 
Federal Government should be a leader in this effort.
  The Organ Donor Leave Act does that. Mr. Speaker, the least we can do 
for those who are giving so much of themselves is to give them the time 
to rest and recover with their families as they save the lives of 
others.
  H.R. 457 will make it easier for Federal employees to become organ 
donors by providing those who donate organs with 30 days of paid leave 
in any calendar year. Under current law, employees are permitted to 
take 7 days of leave in order to donate bone marrow or organs.
  H.R. 457 retains the 7-day leave period for bone marrow donors but 
increases the leave available to organ donors to 30 days. This leave is 
separate and distinct from the annual or sick leave available to 
Federal employees.
  Mr. Speaker, my home State of Illinois has been a leader in organ and 
tissue donation through our Secretary of State's office. In fact, I 
signed up as a potential organ donor when our Secretary of State, now 
Governor George Ryan, came to the House floor of the Illinois General 
Assembly and personally signed up every legislator on our driver's 
license on the back.
  Illinois is one of the few States with an organ/ tissue donor 
registry. In Illinois, this registry makes use of the existing driver's 
license and ID card database to identify individuals who are willing to 
be organ or tissue donors after death. Since October 1992, everyone 
applying for or renewing an Illinois driver's license or identification 
card is asked if they want to participate in this registry.
  The response has been terrific. Approximately 3 million Illinoians 
have joined the registry and nearly 100,000 more enroll each month. The 
average participation rate statewide is 38 percent compared to a 
national average of 13 percent, and some counties have reported 
participation rates of over 70 percent.
  The bottom line is when we make it easier for individuals to become 
organ donors, more people will become donors. H.R. 457 is an important 
step towards making it easier for Federal employees to be organ donors, 
and I hope we will see the same kind of response with Federal employees 
that we have seen in Illinois.
  Mr. Speaker, I urge all Members of the House to support H.R. 457.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank the gentlewoman from Illinois (Mrs. 
Biggert) for her kind comments, and certainly I want to thank the 
chairman of the committee, the gentleman from Indiana (Mr. Burton), and 
our ranking member, the gentleman from California (Mr. Waxman), as well 
as the chairman of the Subcommittee on Civil Service, the gentleman 
from Florida (Mr. Scarborough), for making sure that we moved in a 
bipartisan effort to bring this bill to the floor of the House.
  Mr. Speaker, I introduced already 457, the Organ Donor Leave Act, 
because it supports Federal employees who make the lifesaving decision 
to become living organ or bone marrow donors by granting them 
additional leave time to recover from making the donation.
  In the last 20 years, important medical breakthroughs have allowed 
for a larger number of successful organ and tissue transplants and a 
longer survival rate for transplant recipients. In many cases, 
transplantation is the only hope for thousands of people suffering from 
organ failure or in desperate need of corneas, skin, bone, or other 
tissue.
  Despite the success rate of organ transplants, the need for donated 
organs and tissues continues to outpace the supply. Currently, however, 
60,000 Americans are waiting for life-saving transplants. Tragically, 
every day 12 people die while waiting for a transplant. Every 16 
minutes another name is added to the waiting list. This is a solvable 
problem and the Federal Government and its employees can help.
  In December of 1997, Vice President Al Gore and Health and Human 
Services Secretary Donna Shalala launched a national organ and tissue 
donation initiative. In 1998, after the first full

[[Page 17753]]

year of the initiative, organ donations increased 5.6 percent, the 
first substantial increase since 1995. During 1998, HHS issued a new 
regulation to ensure that hospitals worked collaboratively with organ 
procurement organizations in identifying potential donors and 
approaching their families.
  HHS has conducted a national conference aimed at identifying the most 
effective strategies to increase donation and transplantation. In 
conjunction with dozens of partner organizations in the private and 
volunteer sectors, HHS has worked to increase the awareness of the need 
for organ and tissue donation.
  Recognizing that Federal employees also have a role to play, I first 
introduced the Organ Donor Leave Act last year. The bill passed the 
House, but the Senate failed to take action before adjournment. This 
session, Senator Akaka introduced companion legislation in the Senate, 
S. 1334. I am not only pleased that he did so but that his bill is 
cosponsored by Senator Frist, one of the Nation's leading transplant 
surgeons, and the only active surgeon serving in the Congress.

                             {time}   1445

  The Organ Donor Leave Act is supported by the American Society of 
Transplantation, the largest professional transplant organization in 
the United States.
  In a letter expressing their support for the bill, the AST stated 
that ``a lack of leave time has served as a significant impediment and 
disincentive for individuals willing to share the gift of life.''
  Currently, Federal employees may use up to 7 days of leave in each 
calendar year to serve as an organ or bone marrow donor. Yet, 
experience has shown that an organ transplant operation and 
postoperative recovery for living donors may take as long as 6 to 8 
weeks.
  In order to address this disparity, I worked with the Office of 
Personnel Management and the Department of Health and Human Services in 
drafting this legislation to increase the amount of leave that may be 
used for organ donation to 30 days.
  The amount of leave that may be used for bone marrow donation will 
remain at 7 days because that is generally viewed to be adequate.
  Under this legislation, donors will not have to be concerned with 
using their personal sick or annual leave for these vital medical 
procedures because the leave granted is in addition to what they 
routinely earn.
  Ultimately, this bill will benefit the 62,000 people who are on the 
organ transplant waiting list.
  I urge all Members to give their support to this very, very important 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, one of the arguments that is often made about 
transplantation is that there are two types. One is where, of course, a 
person dies and their organs are used. And the other is where the 
person is still living.
  A lot of people wonder why is it so important that organs be 
transplanted from living people. I mean, do not get me wrong, those who 
have died are very important also. But the living are very important 
because of the following reasons.
  The time shown from harvesting of an organ until the time of 
transplantation is as follows: If a person dies and it is a heart 
transplantation, it would be 4 to 6 hours; heart and lung 4 to 6 hours; 
lung 4 to 6 hours; pancreas 8 to 16 hours; a liver 12 to 24 hours; 
kidney 24 to 36 hours. And so, therefore, when the person is living, 
doctors have a lot more time to plan and to carry out the procedure.
  So often what has happened is many people have donated their organs, 
but by the time doctors find out after death, they simply to not have 
enough time to work within the parameters that I just spoke of.
  Finally, let me just say this. While we are talking here about the 
organ donations from those who are living, there is a very fitting 
quote that comes from Stephanie Kristine Crosse of the University of 
Dayton School of Law where she talked about organ donation. Although 
this talks about donations of the dead, I think that it still says a 
lot for donations.
  She says, ``The day will come when my body will lie upon a white 
sheet, neatly tucked under four corners of a mattress, located in a 
hospital busily occupied with the living and the dying. At a certain 
moment a doctor will determine that my brain has ceased to function and 
that, for all intents and purposes, my life has stopped.
  ``When that happens, do not attempt to instill artificial life into 
my body by use of a machine. And don't call this my deathbed. Let it be 
called the bed of life, and let my body be taken from it to help others 
lead fuller lives.
  ``Give my sight to the man who has never seen a sunrise, a baby's 
face, or love in the eyes of a woman. Give my heart to a person whose 
own heart has caused nothing but endless days of pain. Give my blood to 
the teenager who was pulled from the wreckage of his car so that he 
might live to see his grandchildren play. Give my kidneys to one who 
depends on a machine to exist from week to week.
  ``Take my bones, every muscle, every fiber, and every nerve in my 
body and find a way to make a crippled child walk. Explore every corner 
of my brain. Take my cells if necessary, and let them grow so that, 
some day, a deaf girl will hear the sound of rain against her window. 
Burn what is left and scatter the ashes in the winds to help the 
flowers grow. If you must bury something, let it be my fault, my 
weaknesses and all the prejudices against my fellow man.
  ``Give my sins to the devil. Give my soul to God. If by chance you 
wish to remember me, do it with a kind deed or word to someone who 
needs you. If you do all I have asked, I will live forever.
  ``Make a miracle, be an organ donor.''
  Mr. Speaker, I yield back the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I would like to thank the distinguished gentleman from 
Maryland (Mr. Cummings) for introducing this legislation and working to 
bring this bill to the floor.
  I also want to thank the gentleman from Florida (Mr. Scarborough), 
the distinguished chairman of the Subcommittee on Civil Service, for 
his strong support; the gentleman from Indiana (Chairman Burton) of the 
Committee on Government Reform and Oversight; and the gentleman from 
California (Mr. Waxman), the ranking member who deserve our thanks for 
expediting House consideration of H.R. 457.
  The Organ Donor leave Act is an important step forward in making the 
Federal Government a leader by example and encouraging our citizens to 
become organ or bone marrow donors.
  I urge all Members to vote for 457 and make it easier for Federal 
employees to help save a life through organ donation. The Congressional 
Budget Office has determined that this bill will not have a significant 
impact on the Federal budget.
  I urge all Members to strongly support H.R. 457.
  Mr. STARK. Mr. Speaker, I rise today in strong support of H.R. 457, 
the ``Organ Donor Leave Act.'' This legislation will assure that 
federal employees will be granted an adequate amount of leave if they 
choose to undertake organ or bone marrow donation.
  Over 50,000 people are currently awaiting an organ transplant, but 
because of a national shortage, over 4,000 people die each year for 
lack of a suitable organ. Research points to a clear need for incentive 
programs and public education concerning organ donation. We need to use 
every possible option to increase the number of donated organs. This 
legislation is one way to meet this goal.
  Currently, federal employees may use up to 7 days of leave to serve 
as an organ or bone marrow donor. However, experience indicates the 
need for additional time for organ transplant operation and post-
operative recovery for living donors--up to six or eight weeks in many 
cases. The ``Organ Donor Leave Act'' increases the amount of leave that 
federal employees may use to serve as an organ donor to 30 days.

[[Page 17754]]

  This legislation also goes hand-in-hand with the ``Gift of Life 
Congressional Medal Act of 1999'' which Senator Frist and I introduced 
this past March. This non-controversial, non-partisan legislation 
creates a commemorative medal to honor organ donors and their 
survivors. I ask that our colleagues act to support both the Gift of 
Life Congressional Medal Act as well as the Organ Donor Leave Act to 
increase organ donation and to bring an end to transplant waiting 
lists.
  Today's vote in an important step toward increasing organ donation, 
but there are many additional steps that we should also be making to 
improve our national organ donation rate. I look forward to working 
with my colleagues in implementing additional future improvements.
  Mrs. THURMAN. Mr. Speaker, organ donation falls into the category of 
things you never think will affect you or your family--it happens to 
``other people.'' Well, let me tell you--I lost that false sense of 
security a few years ago.
  My husband, John, spent three awful, debilitating years on dialysis--
three years hoping that his name would come up on the waiting list--
before finally receiving a kidney.
  He was one of the lucky ones. This gift not only gave John a new 
lease on life, but it has also given my children back a father, and me, 
a loving husband.
  Mr. Speaker, John is not alone. Every year, thousands of Americans 
wait anxiously on the organ donation lists, and they are entirely 
dependent on those kind enough to give. They are entirely dependent on 
those aware that there is a genuine need.
  In simple terms, this is a supply and demand problem--a problem which 
is turning into a health care crisis:
  The disparity between the supply and demand of organs contributes to 
the deaths of eleven people daily.
  Between 1988 and 1996, the number of people on the organ transplant 
waiting list increased by 312 percent and the number of wait list 
deaths increased 261 percent.
  Additionally, in 1996, a new name was added to the transplant waiting 
list every nine minutes.
  I applaud Representatives Cummings for taking a lead in narrowing 
this gap.
  Living organ donation is the wave of the future, and increasing the 
frequency of living organ donation will not only increase the 
availability of organs, but also lessen the transplantation rejection 
rate and reduce costs associated with dialysis.
  Now that we have taken this important leap forward, it is my hope 
that Congress can take a step further and provide living organ donation 
leave time for all employees under the Family and Medical Leave Act.
  We could also increase donation by reimbursing donors for the costs 
associated with their donation which are currently not reimbursable by 
Medicare: For example, travel, lodging, meals and child care.
  I have introduced legislation to do just this. H.R. 1857 would (1) 
expand the F.M.L.A. to include living organ donation and (2) establish 
a grant program to assist organ donors with the high costs associated 
with transplantation.
  Mr. Speaker, we need a concerted and well-established policy on 
living organ donation in this country. And I would like to thank 
representative Cummings for his leadership in moving the Congress 
forward in this endeavor. I urge all of my colleagues to support this 
important legislation.
  Thank you.
  Mrs. BIGGERT. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentlewoman from Illinois (Mrs. Biggert) that the House 
suspend the rules and pass the bill, H.R. 457.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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