[House Report 106-174]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-174
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ORGAN DONOR LEAVE ACT
_______
June 8, 1999.--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,
submitted the following
R E P O R T
[To accompany H.R. 457]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Reform, to whom was referred
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, 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..........................................2
VI. Compliance With Rule XIII........................................3
VII. Budget Analysis and Projections..................................3
VIII.Cost Estimate of the Congressional Budget Office.................3
IX. Specific Constitutional Authority for This Legislation...........3
X. Committee Recommendation.........................................4
XI. Congressional Accountability Act; Public Law 104-1...............4
XII. Unfunded Mandates Reform Act; Public Law 104-4, Sect. 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. 457 amends Federal law relating to the absence of a
Federal employee in connection with serving as a bone marrow or
organ donor. Under existing law, a Federal employee is allowed
to use, in any calendar year, paid leave not exceeding 7 days
to serve as either a bone-marrow or organ donor. This
legislation increases the amount of leave available to organ
donors, from 7 days in any calendar year, to 30 days.
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 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. 457.
Rep. Elijah Cummings introduced H.R. 457 on February 2, 1999.
The bill was referred to the Committee on Government Reform. In
addition, on February 9, 1999, the bill was referred to the
Subcommittee on Civil Service. On May 13, 1999, the
Subcommittee on Civil Service considered the bill, and
forwarded it by voice vote to the Committee on Government
Reform. On May 19, 1999, the Committee on Government Reform
considered the bill, and, by voice vote, ordered H.R. 457 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.--Subsection (a) states that this bill may be
cited as the ``Organ Donor Leave Act.''
Subsection (b) 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 (c) makes technical corrections to redesignate
the second section of 6327, title 5, U.S.C., as section 6328.
VI. Compliance With Rule XIII
Pursuant to rule XIII, clause 3(c)(1) of the Rules of the
House of Representatives, under the authority of rule X, clause
2(b)(1) and clause 3(e), the results and findings from
Committee oversight activities are incorporated in this report.
VII. Budget Analysis and Projections
H.R. 457 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, May 24, 1999.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 457, the Organ
Donor Leave Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 457--Organ Donor Leave Act
H.R. 457 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. 457 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on the budgets of state, local, or tribal
governments.
The CBO staff contact is John R. Righter. This estimate was
approved by Paul N. Van de Water, 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 May 19, 1999, a quorum being present, the Committee
ordered the bill favorably reported without amendments.
Committee on Government Reform--106th Congress Record Vote
Final Passage of H.R. 457.
Offered by: Hon. Elijah E. Cummings.
Adopted by voice vote.
XI. Congressional Accountability Act; Public Law 104-1; Section
102(b)(3)
H.R. 457 will not apply to employees of the legislative
branch.
XII. Unfunded Mandates Reform Act; Public Law 104-4; Section 423
H.R. 457 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. 457 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(e) 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):
CHAPTER 63 OF TITLE 5, UNITED STATES CODE
CHAPTER 63--LEAVE
* * * * * * *
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) An employee in or under an Executive agency is entitled
to leave without loss of or reduction in pay, leave to which
otherwise entitled, credit for time or service, or performance
or efficiency rating, for the time necessary to permit such
employee to serve as a bone-marrow or organ donor.
* * * * * * *