I

106TH CONGRESS

1ST SESSION H. R. 1857

To amend the Family and Medical Leave Act of 1993 to allow leave for

individuals who give living organ donations, to amend the Public Health

Service Act with respect to paying travel and subsistence expenses that

are incurred by individuals in donating or receiving of organs, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 18, 1999

Mrs. THURMAN (for herself, Mr. STARK, Mr. CANADY of Florida, Ms. BERKLEY, Mr. MATSUI, Mr. LEWIS of Georgia, Ms. BALDWIN, Mr. HILLIARD,

Mr. BARRETT of Wisconsin, Ms. KILPATRICK, Ms. MILLENDER-MCDONALD, and Ms. HOOLEY of Oregon) introduced the following bill; which

was referred to the Committee on Education and the Workforce, and in

addition to the Committees on Commerce, Government Reform, House

Administration, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To amend the Family and Medical Leave Act of 1993 to

allow leave for individuals who give living organ donations, to amend the Public Health Service Act with respect to paying travel and subsistence expenses that are

incurred by individuals in donating or receiving of organs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Living Organ Donation

3 Incentives Act of 1999’’.

4 SEC. 2. FAMILY AND MEDICAL LEAVE.

5 (a) CIVILIAN POPULATION.—

6 (1) LEAVE REQUIREMENT.—Section 102(a) of

7 the Family and Medical Leave Act of 1993 (29

8 U.S.C. 2612(a)) is amended by adding at the end

9 the following:

10 ‘‘(E) to provide a living organ donation, in11 cluding time spent for—

12 ‘‘(i) tests used to determine if the live

13 donor is medically suitable to donate;

14 ‘‘(ii) physical, psychological, and social

15 evaluations of the live donor;

16 ‘‘(iii) pre-transplant outpatient serv17 ices;

18 ‘‘(iv) post-operative inpatient and out19 patient transplantation services;

20 ‘‘(v) travel in connection with tests,

21 evaluations, and services described in

22 clauses (i) through (iv); and

23 ‘‘(vi) recuperation consistent with the

24 type of transplant.’’.

25 (2) CONFORMING.—
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1 (A) SECTION 102.—Sections 102(b) and

2 102(e) of such Act (29 U.S.C. 2612(b), (e)) are

3 each amended by striking ‘‘(C) or (D)’’ each

4 place it occurs and inserting ‘‘(C), (D), or (E)’’.

5 (B) SECTION 102(b).—Sections 102(b)(2)

6 and 102(e)(2) of such Act (29 U.S.C.

7 2612(b)(2), 2612(e)(2))) are each amended by

8 inserting ‘‘, including living organ donation’’

9 after ‘‘treatment’’.

10 (B) SECTION 103.—Section 103 of such

11 Act (29 U.S.C. 2613) is amended—

12 (A) in subsection (b)(4), by striking ‘‘and’’

13 at the end of subparagraph (A), by striking the

14 period at the end of subparagraph (B) and in15 serting ‘‘; and’’, and by adding at the end the

16 following:

17 ‘‘(C) for purposes of leave under section

18 6382(a)(1)(E), a statement that the employee is unable

19 to perform the functions of the position of the employee.’’;

20 (B) in subsection (b)(5), by inserting ‘‘or

21 living organ donation’’ after ‘‘treatment’’ each

22 place it appears; and

23 (C) in subsection (c)(1), by striking ‘‘(C)

24 or (D)’’ and inserting ‘‘(C), (D), or (E)’’.
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1 (C) SECTION 104(a).—Section 104(a)(4)

2 of such Act (29 U.S.C. 2614(a)(4)) is amended

3 by inserting ‘‘or section 102(a)(1)(E)’’ after

4 ‘‘(D)’’.

5 (D) SECTION 104(c).—Section 104(c)(2)

6 of such Act (29 U.S.C. 2614(c)(2)) is amended

7 by striking ‘‘(C) or (D)’’ and inserting ‘‘(C),

8 (D), or (E)’’ and section 104(c)(3)(A) is

9 amended by striking ‘‘or’’ at the end of clause

10 (i), by striking the period at the end of clause

11 (ii) and inserting ‘‘; or’’, and by adding at the

12 end the following:

13 ‘‘(iii) a certification issued by the

14 health care provider of the eligible em15 ployee, in the case of an employee unable

16 to return to work because of a condition

17 specified in section 102(a)(1)(E).’’;

18 and section 104(c)(3)(C)(i) of such Act (29

19 U.S.C. 2614(c)(3)(C)(i)) is amended by insert20 ing ‘‘or (A)(iii)’’ after ‘‘(ii)’’.

21 (E) SECTION 108.—Section 108(c)(1) of

22 such Act (29 U.S.C. 2618(c)(1)) is amended by

23 striking ‘‘(C) or (D)’’ and inserting ‘‘(C), (D),

24 or (E)’’ and by inserting ‘‘, including living
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1 organ donation’’ after ‘‘treatment’’ each place

2 it occurs.

3 (b) FEDERAL POPULATION.—

4 (1) LEAVE REQUIREMENT.—Section 6382(a)(1)

5 of title 5, United States Code, is amended by adding

6 at the end the following:

7 ‘‘(E) to provide a living organ donation, includ8 ing time spent for—

9 ‘‘(i) tests used to determine if the live

10 donor is medically suitable to donate;

11 ‘‘(ii) physical, psychological, and social

12 evaluations of the live donor;

13 ‘‘(iii) post-operative inpatient and out14 patient transplantation services;

15 ‘‘(iv) pre-transplant outpatient services;

16 ‘‘(v) travel in connection with tests, evalua17 tions, and services described in clauses (i)

18 through (iv); and

19 ‘‘(vi) recuperation consistent with the type

20 of transplant.’’.

21 (2) CONFORMING.—

22 (A) SECTION 6382(b)(2).—Section

23 6382(b)(2) of such title is amended by striking

24 ‘‘(C) or (D)’’ and inserting ‘‘(C), (D), or (E)’’.
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1 (B) SECTION 6382(d).—Section 6382(d)

2 of such title is amended by striking ‘‘or (D)’’

3 and inserting ‘‘(D), or (E)’’.

4 (C) SECTION 6382(e)(2).—Section

5 6382(e)(2) of such title is amended by striking

6 ‘‘(C) or (D)’’ and inserting ‘‘(C), (D), or (E)’’.

7 (D) SECTION 6383(a).—Section 6383(a)

8 of such title is amended by striking ‘‘(C) or

9 (D)’’ and inserting ‘‘(C), (D), or (E)’’.

10 (E) SECTION 6833(b)(4).—Section

11 6833(b)(4) of such title is amended by striking

12 ‘‘and’’ at the end of subparagraph (A), by strik13 ing the period at the end of subparagraph (B)

14 and inserting ‘‘; and’’, and by adding at the end

15 the following:

16 ‘‘(C) for purposes of leave under section

17 6382(a)(1)(E), a statement that the employee is unable

18 to perform the functions of the position of the employee.’’.

19 (F) SECTION 6833(b)(5).—Section

20 6833(b)(5) of such title is amended by inserting

21 ‘‘, including living organ donation’’ after ‘‘treat22 ment’’.

23 (G) SECTION 6384(d).—Section 6384(d)

24 of such title is amended by inserting ‘‘or section

25 6382(a)(1)(E)’’ after ‘‘(D)’’.
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1 SEC. 3. NATIONAL PROGRAM FOR PAYMENT OF TRAVEL

2 AND SUBSISTENCE EXPENSES INCURRED TO3 WARD DONATION OR RECEIPT OF ORGANS.

4 Part H of the Public Health Service Act (42 U.S.C.

5 273 et seq.) is amended—

6 (1) by redesignating section 378 as section 379;

7 and

8 (2) by inserting after section 377 the following

9 section:

10 ‘‘PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES

11 REGARDING ORGAN DONATION

12 ‘‘SEC. 378. (a) IN GENERAL.—The Secretary may

13 carry out a national program of making awards of grants

14 or contracts to States, transplant centers, qualified organ

15 procurement organizations under section 371, or other

16 public or private entities for the purpose of providing for

17 the payment of travel and subsistence expenses incurred

18 by individuals, or as applicable their families, toward mak19 ing or receiving donations of organs.

20 ‘‘(b) CERTAIN CRITERIA.—In establishing criteria for

21 carrying out subsection (a), the Secretary may include the

22 following:

23 ‘‘(1) In addition to the payment of travel and

24 subsistence expenses, the criteria may provide for

25 the payment of such additional nonmedical expenses

26 as the Secretary determines to be appropriate.
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1 ‘‘(2) The criteria may provide that the individ2 uals for whom qualifying expenses are paid will in3 clude individuals, or as applicable their families, who

4 in good faith incur such expenses toward the in5 tended donating or receiving of an organ but with

6 respect to whom, for such reasons as the Secretary

7 determines to be appropriate, no donating or receiv8 ing of the organ occurs.

9 ‘‘(c) RELATIONSHIP TO PAYMENTS UNDER OTHER

10 PROGRAMS.—A grant may be made under subsection (a)

11 only if the applicant involved agrees that the grant will

12 not be expended to pay qualifying expenses for an indi13 vidual to the extent that payment has been made, or can

14 reasonably be expected to be made, with respect to such

15 expenses—

16 ‘‘(1) under any State compensation program,

17 under an insurance policy, or under any Federal or

18 State health benefits program; or

19 ‘‘(2) by an entity that provides health services

20 on a prepaid basis.

21 ‘‘(d) DEFINITION.—For purposes of this section, the

22 term ‘qualifying expenses’, with respect to donating or re23 ceiving an organ, means travel and subsistence expenses,

24 and such additional nonmedical expenses as may be des25 ignated under subsection (b)(1).
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this section, there are authorized

3 to be appropriated such sums as may be necessary for

4 each of the fiscal years 2000 through 2004.’’.

5 SEC. 4. INCREASE IN PAYMENT AMOUNT FOR RENAL DI6 ALYSIS SERVICES FURNISHED UNDER THE

7 MEDICARE PROGRAM.

8 (a) IN GENERAL.—Section 1881(b)(7) of the Social

9 Security Act (42 U.S.C. 1395rr(b)(7)) is amended by add10 ing at the end the following new flush sentence:

11 ‘‘The Secretary shall increase the amount of each com12 posite rate payment for dialysis services furnished on or

13 after January 1, 2000, by 2.9 percent above such com14 posite rate payment amounts for such services furnished

15 on December 31, 1999.’’.

16 (b) CONFORMING AMENDMENT.—

17 (1) IN GENERAL.—Section 9335(a) of the Om18 nibus Budget Reconciliation Act of 1986 (42 U.S.C.

19 1395rr note) is amended by striking paragraph (1).

20 (2) EFFECTIVE DATE.—The amendment made

21 by paragraph (1) shall take effect on January 1,

22 2000.

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