[Senate Report 106-143]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 264
_______________________________________________________________________
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-143
_______________________________________________________________________



                         ORGAN DONOR LEAVE ACT

                               __________

                               R E P O R T

                                 of the

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                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




                August 27, 1999.--Ordered to be printed

   Filed under authority of the order of the Senate of August 5, 1999

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
69-010                     WASHINGTON : 1999


                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                   FRED THOMPSON, Tennessee, Chairman
WILLIAM V. ROTH, Jr., Delaware       JOSEPH I. LIEBERMAN, Connecticut
TED STEVENS, Alaska                  CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine              DANIEL K. AKAKA, Hawaii
GEORGE VOINOVICH, Ohio               RICHARD J. DURBIN, Illinois
PETE V. DOMENICI, New Mexico         ROBERT G. TORRICELLI, New Jersey
THAD COCHRAN, Mississippi            MAX CLELAND, Georgia
ARLEN SPECTER, Pennsylvania          JOHN EDWARDS, North Carolina
JUDD GREGG, New Hampshire
             Hannah S. Sistare, Staff Director and Counsel
                      Dan G. Blair, Senior Counsel
                      Michael L. Loesch, Counsel,
   Subcommittee on International Security, Proliferation and Federal 
                                Services
      Joyce A. Rechtschaffen, Minority Staff Director and Counsel
          Peter A. Ludgin, Minority Professional Staff Member
           Nanci E. Langley, Minority Deputy Staff Director,
   Subcommittee on International Security, Proliferation and Federal 
                                Services
                 Darla D. Cassell, Administrative Clerk

                             C O N T E N T S

                              ----------                              
                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background.......................................................1
III. Legislative History..............................................2
 IV. Section-by-Section Analysis......................................2
  V. Evaluation of Regulatory Impact..................................3
 VI. Estimated Cost of Legislation....................................3
VII. Changes in Existing Law..........................................3

                                                       Calendar No. 264
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-143

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



 
                     ORGAN DONOR LEAVE ACT OF 1999

                                _______
                                

                August 27, 1999.--Ordered to be printed

   Filed under authority of the order of the Senate of August 5, 1999

                                _______


Mr. Thompson, from the Committee on Governmental Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 457]

                         I. Purpose and Summary

    The purpose of H.R. 457, the Organ Donor Leave Act of 1999, 
is to provide federal employees with paid leave not exceeding 
30 days in any calendar year to serve as an organ donor and 
paid leave not exceeding seven days in any calendar year to 
serve as a bone marrow donor.

                             II. Background

    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 more than 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.
    It is important that Congress encourage citizens to 
consider becoming organ donors. The Federal Government, the 
nation's largest employer, 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. Leave for bone marrow and organ donations is 
considered a separate leave category, so donors do not have to 
use their personal sick or annual leave time for these vital 
medical procedures. However, recent studies show that although 
a period of seven days is generally adequate for bone marrow 
donations, in most instances, the recovery time for an organ 
transplant operation for the living donor is generally six to 
eight weeks. 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. The Office of Personnel Management and the 
Department of Health and Human Services assisted in drafting 
this legislation.
    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.'' H.R. 457 has the strong 
support of the American Transplantation Society, the nation's 
largest professional transplant organization, representing more 
than 1,400 physicians, surgeons, and scientists.

                        III. Legislative History

    H.R. 457 was introduced in the House of Representatives by 
Rep. Elijah Cummings on February 2, 1999. It was referred to 
the House Committee on Government Reform and to the 
Subcommittee on Civil Service on February 9, 1999. 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 
ordered reported H.R. 457 by voice vote. The bill was passed by 
voice vote under suspension of the rules in the House on July 
26, 1999. On July 27, 1999 the bill was referred to the Senate 
Committee on Governmental Affairs.
    S. 1334 was introduced on July 1, 1999 by Senator Daniel 
Akaka and has been cosponsored by Senators Edwards, Frist, 
Stevens, Levin, Durbin, Sarbanes, Cochran, Collins, Lieberman, 
Santorum and DeWine. It was referred to the Senate Committee on 
Governmental Affairs on July 1, 1999 and to the Subcommittee on 
International Security, Proliferation and Federal Services on 
July 5, 1999. It was unanimously reported by polling letter 
from the Subcommittee on July 23, 1999.
    The full Senate Committee on Governmental Affairs 
considered S. 1334 and H.R. 457 on August 3, 1999. The 
Committee voted to order both bills reported by voice vote.

                    IV. Section-by-Section Analysis

    Section 1, Subsection (a) entitles the Act as the ``Organ 
Donor Leave Act of 1999.''
    Section 1, 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.
    Section 1, Subsection (c) makes technical corrections to 
redesignate the second section of section 6327, title 5, 
U.S.C., as section 6328.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill. The enactment of 
this legislation would have no significant regulatory impact. 
H.R. 457 contains no intergovernmental or private sector 
mandates as defined in the Unfunded Mandate Reform Act and 
would impose no costs on the budgets of state, local or tribal 
governments.

                   VI. Estimated Cost of Legislation

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 5, 1999.
Hon. Fred Thompson,
Chairman, Committee on Governmental Affairs,
U.S. Senate, 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.

               congressional budget office cost estimate

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 legislation would have no 
significant impact on the federal budget. Because the act 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.

                      VII. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 and existing law, in which no 
change in 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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