[House Report 106-174]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-174

======================================================================



 
                         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.

           *       *       *       *       *       *       *


                                  
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