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. BERK-
LEY, Mr. MATSUI, Mr. LEWIS of Georgia, Ms. BALDWIN, Mr. HILLIARD,
Mr. BARRETT of Wisconsin, Ms. KILPATRICK, Ms. MILLENDER-MCDON-
ALD, 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 de-
termined 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 dona-
tions, to amend the Public Health Service Act with re-
spect to paying travel and subsistence expenses that are
incurred by individuals in donating or receiving of or-
gans, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Living Organ Donation
Incentives Act of 1999’’.
SEC. 2. FAMILY AND MEDICAL LEAVE.
(a) CIVILIAN POPULATION.—
(1) LEAVE REQUIREMENT.—Section 102(a) of
the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)) is amended by adding at the end
the following:
‘‘(E) to provide a living organ donation, in-
cluding time spent for—
‘‘(i) tests used to determine if the live
donor is medically suitable to donate;
‘‘(ii) physical, psychological, and social
evaluations of the live donor;
‘‘(iii) pre-transplant outpatient serv-
ices;
‘‘(iv) post-operative inpatient and out-
patient transplantation services;
‘‘(v) travel in connection with tests,
evaluations, and services described in
clauses (i) through (iv); and
‘‘(vi) recuperation consistent with the
type of transplant.’’.
(2) CONFORMING.—
(A) SECTION 102.—Sections 102(b) and
102(e) of such Act (29 U.S.C. 2612(b), (e)) are
each amended by striking ‘‘(C) or (D)’’ each
place it occurs and inserting ‘‘(C), (D), or (E)’’.
(B) SECTION 102(b).—Sections 102(b)(2)
and 
102(e)(2) 
of 
such 
Act 
(29 
U.S.C.
2612(b)(2), 2612(e)(2))) are each amended by
inserting ‘‘, including living organ donation’’
after ‘‘treatment’’.
(B) SECTION 103.—Section 103 of such
Act (29 U.S.C. 2613) is amended—
(A) in subsection (b)(4), by striking ‘‘and’’
at the end of subparagraph (A), by striking the
period at the end of subparagraph (B) and in-
serting ‘‘; and’’, and by adding at the end the
following:
‘‘(C) 
for 
purposes 
of 
leave 
under 
section
6382(a)(1)(E), a statement that the employee is unable
to perform the functions of the position of the employee.’’;
(B) in subsection (b)(5), by inserting ‘‘or
living organ donation’’ after ‘‘treatment’’ each
place it appears; and
(C) in subsection (c)(1), by striking ‘‘(C)
or (D)’’ and inserting ‘‘(C), (D), or (E)’’.
(C) SECTION 104(a).—Section 104(a)(4)
of such Act (29 U.S.C. 2614(a)(4)) is amended
by inserting ‘‘or section 102(a)(1)(E)’’ after
‘‘(D)’’.
(D) SECTION 104(c).—Section 104(c)(2)
of such Act (29 U.S.C. 2614(c)(2)) is amended
by striking ‘‘(C) or (D)’’ and inserting ‘‘(C),
(D), or (E)’’ and section 104(c)(3)(A) is
amended by striking ‘‘or’’ at the end of clause
(i), by striking the period at the end of clause
(ii) and inserting ‘‘; or’’, and by adding at the
end the following:
‘‘(iii) a certification issued by the
health care provider of the eligible em-
ployee, in the case of an employee unable
to return to work because of a condition
specified in section 102(a)(1)(E).’’;
and section 104(c)(3)(C)(i) of such Act (29
U.S.C. 2614(c)(3)(C)(i)) is amended by insert-
ing ‘‘or (A)(iii)’’ after ‘‘(ii)’’.
(E) SECTION 108.—Section 108(c)(1) of
such Act (29 U.S.C. 2618(c)(1)) is amended by
striking ‘‘(C) or (D)’’ and inserting ‘‘(C), (D),
or (E)’’ and by inserting ‘‘, including living
(B) SECTION 6382(d).—Section 6382(d)
of such title is amended by striking ‘‘or (D)’’
and inserting ‘‘(D), or (E)’’.
(C) 
SECTION
6382(e)(2).—Section
6382(e)(2) of such title is amended by striking
‘‘(C) or (D)’’ and inserting ‘‘(C), (D), or (E)’’.
(D) SECTION 6383(a).—Section 6383(a)
of such title is amended by striking ‘‘(C) or
(D)’’ and inserting ‘‘(C), (D), or (E)’’.
(E) 
SECTION
6833(b)(4).—Section
6833(b)(4) of such title is amended by striking
‘‘and’’ at the end of subparagraph (A), by strik-
ing the period at the end of subparagraph (B)
and inserting ‘‘; and’’, and by adding at the end
the following:
‘‘(C) 
for 
purposes 
of 
leave 
under 
section
6382(a)(1)(E), a statement that the employee is unable
to perform the functions of the position of the employee.’’.
(F) 
SECTION
6833(b)(5).—Section
6833(b)(5) of such title is amended by inserting
‘‘, including living organ donation’’ after ‘‘treat-
ment’’.
(G) SECTION 6384(d).—Section 6384(d)
of such title is amended by inserting ‘‘or section
6382(a)(1)(E)’’ after ‘‘(D)’’.
SEC. 3. NATIONAL PROGRAM FOR PAYMENT OF TRAVEL
AND SUBSISTENCE EXPENSES INCURRED TO-
WARD DONATION OR RECEIPT OF ORGANS.
Part H of the Public Health Service Act (42 U.S.C.
273 et seq.) is amended—
(1) by redesignating section 378 as section 379;
and
(2) by inserting after section 377 the following
section:
‘‘PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES
REGARDING ORGAN DONATION
‘‘SEC. 378. (a) IN GENERAL.—The Secretary may
carry out a national program of making awards of grants
or contracts to States, transplant centers, qualified organ
procurement organizations under section 371, or other
public or private entities for the purpose of providing for
the payment of travel and subsistence expenses incurred
by individuals, or as applicable their families, toward mak-
ing or receiving donations of organs.
‘‘(b) CERTAIN CRITERIA.—In establishing criteria for
carrying out subsection (a), the Secretary may include the
following:
‘‘(1) In addition to the payment of travel and
subsistence expenses, the criteria may provide for
the payment of such additional nonmedical expenses
as the Secretary determines to be appropriate.
‘‘(2) The criteria may provide that the individ-
uals for whom qualifying expenses are paid will in-
clude individuals, or as applicable their families, who
in good faith incur such expenses toward the in-
tended donating or receiving of an organ but with
respect to whom, for such reasons as the Secretary
determines to be appropriate, no donating or receiv-
ing of the organ occurs.
‘‘(c) RELATIONSHIP TO PAYMENTS UNDER OTHER
PROGRAMS.—A grant may be made under subsection (a)
only if the applicant involved agrees that the grant will
not be expended to pay qualifying expenses for an indi-
vidual to the extent that payment has been made, or can
reasonably be expected to be made, with respect to such
expenses—
‘‘(1) under any State compensation program,
under an insurance policy, or under any Federal or
State health benefits program; or
‘‘(2) by an entity that provides health services
on a prepaid basis.
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘qualifying expenses’, with respect to donating or re-
ceiving an organ, means travel and subsistence expenses,
and such additional nonmedical expenses as may be des-
ignated under subsection (b)(1).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2000 through 2004.’’.
SEC. 4. INCREASE IN PAYMENT AMOUNT FOR RENAL DI-
ALYSIS SERVICES FURNISHED UNDER THE
MEDICARE PROGRAM.
(a) IN GENERAL.—Section 1881(b)(7) of the Social
Security Act (42 U.S.C. 1395rr(b)(7)) is amended by add-
ing at the end the following new flush sentence:
‘‘The Secretary shall increase the amount of each com-
posite rate payment for dialysis services furnished on or
after January 1, 2000, by 2.9 percent above such com-
posite rate payment amounts for such services furnished
on December 31, 1999.’’.
(b) CONFORMING AMENDMENT.—
(1) IN GENERAL.—Section 9335(a) of the Om-
nibus Budget Reconciliation Act of 1986 (42 U.S.C.
1395rr note) is amended by striking paragraph (1).
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on January 1,
2000.
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