[House Report 105-752]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-752
_______________________________________________________________________


 
 ADDITIONAL LEAVE TIME FOR FEDERAL EMPLOYEES WHO SERVE AS ORGAN DONORS

                                _______
                                

 September 28, 1998.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Burton of Indiana, from the Committee on Government Reform and 
                   Oversight, submitted the following

                              R E P O R T

                        [To accompany H.R. 2943]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Government Reform and Oversight, to whom 
was referred the bill (H.R. 2943) 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, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS
                                                                   Page
  I. Summary of Legislation...........................................1
 II. Background and Need for the Legislation..........................2
III. Legislative Hearings and Committee Actions.......................2
 IV. Committee Hearings and Written Testimony.........................2
  V. Explanation of the Bill..........................................3
 VI. Compliance With Rule XI..........................................3
VII. Budget Analysis and Projections..................................3
VIII.Cost Estimate of the Congressional Budget Office.................3

 IX. Specific Constitutional Authority for This Legislation...........4
  X. Committee Recommendation.........................................4
 XI. Congressional Accountability Act; Public Law 104-1...............4
XII. Unfunded Mandates Reform Act; Public Law 104-4, Sec. 423.........4
XIII.Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b)......4

XIV. Changes in Existing Law..........................................4

                    I. Short Summary of Legislation

    Under this legislation, a federal employee may use paid 
leave not exceeding 7 days in any calendar year to serve as a 
bone marrow donor, and paid leave not exceeding 30 days to 
serve as an organ donor.

              II. Background and Need for the Legislation

    H.R. 2943 amends federal law relating to the absence of a 
federal employee in connection with serving as a bone-marrow or 
organ donor. Under this legislation, federal employees are 
permitted to use, in any calendar year, paid leave not 
exceeding 7 days to serve as a bone-marrow donor, and paid 
leave not exceeding 30 days to serve as an organ donor. Under 
existing law, a federal employee was allowed to use, in any 
calendar year, paid leave not exceeding 7 days to serve as 
either a bone-marrow or organ donor.
    Medical technology and improved surgical techniques have 
greatly increased the number of individuals whose lives can be 
saved or dramatically improved by transplanting healthy organs 
from one person to a person in need. It is important that 
Congress do whatever it can to encourage citizens to consider 
becoming organ donors.
    Over 54,000 people are currently on the organ transplant 
waiting list and about 4,000 die each year while waiting. The 
federal government should lead by example and make it easier 
for federal employees to become donors. Currently, federal 
employees may use up to seven days of leave in each calendar 
year to serve as an organ donor or a bone marrow donor. While 
recent studies show that a period of seven days is generally 
adequate for bone marrow donations, organ donations--such as 
donating a kidney for transplant--require lengthy periods for 
recovery. This legislation will increase to 30 days the amount 
of leave that may be used for organ donation. The amount of 
leave that may be used for bone marrow donations will remain at 
seven days. Bone marrow and organ donations are considered a 
separate leave category, so donors do not have to use their 
personal sick or annual leave time for these vital medical 
procedures.

            III. Legislative Hearings and Committee Actions

    The Committee held no legislative hearings on H.R. 2943. 
Rep. Elijah Cummings introduced H.R. 2943 on November 8, 1997. 
The bill was referred to the Committee on Government Reform and 
Oversight. In addition, on November 17, 1997, the bill was 
referred to the Subcommittee on Civil Service. On July 21, 
1998, the Subcommittee on Civil Service considered the bill, 
and forwarded it by voice vote to the Committee on Government 
Reform and Oversight. On July 23, 1998, the Committee on 
Government Reform and Oversight considered the bill, and 
ordered, by voice vote, H.R. 2943 to be reported to the House.

              IV. Committee Hearings and Written Testimony

    The Committee did not hold any hearings related to this 
legislation.

       V. Explanation of the Bill as Reported: Section-by-Section

    Section 1. This section amends subsection (b) of the first 
section of Section 6327 of title 5, U.S.C. to allow an employee 
to use up to 7 days of leave in any calendar year to serve as a 
bone-marrow donor. It also authorizes the use of not more than 
30 days leave in any calendar year to serve as an organ donor. 
Subsection (b) makes technical corrections to redesignate the 
current section 6327 as section 6328.

                      VI. Compliance With Rule XI

    Pursuant to rule XI, clause 2(l)(3)(A) of the Rules of the 
House of Representatives, under the authority of rule X, clause 
2(b)(1) and clause 3(f), the results and findings from 
Committee oversight activities are incorporated in the bill and 
this report.

                  VII. Budget Analysis and Projections

    H.R. 2943, as amended, provides for no new authorization, 
budget authority, or tax expenditures. Consequently, the 
provisions of section 308(a) of the Congressional Budget Act 
are not applicable.

         VIII. Cost Estimate of the Congressional Budget Office

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 4, 1998.
Hon. Dan Burton,
Chairman, Committee on Government Reform and Oversight, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2943, a bill 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 2943--A bill 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

    H.R. 2943 would increase--from seven days to 30 days--the 
amount of paid leave (in addition to annual and sick leave) 
available to federal employees who serve as organ donors. CBO 
estimates that enacting this bill would have no significant 
impact on the federal budget. Because the bill would not affect 
direct spending or receipts, pay-as-you-go procedures would not 
apply. H.R. 2943 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact is John R. Righter. This estimate was 
approved by Robert A. Sunshine, Deputy Assistant Director for 
Budget Analysis.

       IX. Specific Constitutional Authority for This Legislation

    Clauses 1 and 18 of Article 1, Sec. 8 of the Constitution 
grant Congress the power to enact this law.

                      X. Committee Recommendation

    On July 23, 1998, a quorum being present, the Committee 
ordered the bill favorably reported without amendments.

Committee on Government Reform and Oversight--105th Congress--Rollcall

    Final Passage of H.R. 2943.
    Offered by: Hon. Elijah E. Cummings.
    Adopted by voice vote.

    XI. Congressional Accountability Act; Public Law 104-1; Section 
                               102(B)(3)

    H.R. 2943 will not apply to employees of the legislative 
branch.

    XII. Unfunded Mandates Reform Act; Public Law 104-4; Section 423

    H.R. 2943 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.

   XIII. Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b)

    The Committee finds that H.R. 2943 does not establish or 
authorize establishment of an advisory committee within the 
definition of 5 U.S.C. App, Section 5(b).

       XIV. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart E--Attendance and Leave

           *       *       *       *       *       *       *


                           CHAPTER 63--LEAVE

                   SUBCHAPTER I--ANNUAL AND SICK LEAVE

Sec.
6301.  Definitions.
     * * * * * * *

                     SUBCHAPTER II--OTHER PAID LEAVE

6321.  Absence of veterans to attend funeral services.
     * * * * * * *
6327.  Absence in connection with serving as a bone-marrow or organ 
          donor.
6328.  Absence in connection with funerals of fellow Federal law 
          enforcement officers.
     * * * * * * *

SUBCHAPTER II--OTHER PAID LEAVE

           *       *       *       *       *       *       *


Sec. 6327. Absence in connection with serving as a bone-marrow or organ 
                    donor

  (a) * * *
  [(b) Not to exceed 7 days of leave may be used under this 
section by an employee in a calendar year.]
  (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.

           *       *       *       *       *       *       *


[Sec. 6327.] Sec. 6328. Absence in connection with funerals of fellow 
                    Federal law enforcement officers

  A Federal law enforcement officer or a Federal firefighter 
may be excused from duty without loss of, or reduction in, pay 
or leave to which such officer is otherwise entitled, or credit 
for time or service, or performance or efficiency rating, to 
attend the funeral of a fellow Federal law enforcement officer 
or Federal firefighter, who was killed in the line of duty. 
When so excused from duty, attendance at such service shall for 
the purposes of section 1345(a) of title 31, be considered to 
be an official duty of the officer or firefighter.

           *       *       *       *       *       *       *


                                
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