What changed between these versions
A substantive refinement. v2 clarifies the definition of "living organ donor" with specific statutory references and significantly expands the scope of FMLA-qualifying activities related to organ donation to include preparation and other related activities, beyond just recovery from surgery. It also modifies the educational materials section, adding coordination with the Secretary of Labor and making outreach methods discretionary.
Overview
A handful of substantive changes across three sections. · v2 primarily expands the scope of protections and FMLA coverage for living organ donors and refines the educational outreach provisions.
The most significant change in v2 is the expansion of activities related to organ donation that qualify as a serious health condition under the Family and Medical Leave Act (FMLA), now including preparation and other related activities in addition to surgical recovery. The definition of "living organ donor" is also clarified with specific statutory references. Furthermore, the educational materials section is modified to include coordination with the Secretary of Labor and to make the methods of updating educational materials discretionary.
Modifications
This modification provides greater legal specificity for what constitutes a "living organ donor" under the Act, explicitly including bone marrow donation and referencing existing statutory definitions for "human organ," which could broaden the types of donations covered.
Before
The term "living organ donor" was defined as an individual who has donated all or part of an organ and is not deceased.
After
The term "living organ donor" is now defined as an individual who has donated all or part of a human organ (as defined in section 301(c)(1) of the National Organ Transplant Act) or bone marrow (as defined in section 379A-1(2) of the Public Health Service Act) and is not deceased.
This change significantly broadens the circumstances under which private and certain public sector employees can take FMLA leave for organ donation, covering the entire process from preparation through recovery and other related activities, not just post-surgical recovery.
Before
This subsection amended the Family and Medical Leave Act of 1993 to include "recovery from surgery related to organ donation" as a serious health condition for private sector employees.
After
This subsection now amends the Family and Medical Leave Act of 1993 to include "organ donation, preparation for and recovery from surgery related to organ donation, and other activities related to organ donation" as a serious health condition for private sector and certain public sector employees. The subsection title was also updated.
This change broadens the circumstances under which Federal civil service employees can take FMLA leave for organ donation, covering the entire process from preparation through recovery and other related activities.
Before
This paragraph amended title 5, United States Code, to include "recovery from surgery related to organ donation" as a serious health condition for Federal civil service employees.
After
This paragraph now amends title 5, United States Code, to include "organ donation, preparation for and recovery from surgery related to organ donation, and other activities related to organ donation" as a serious health condition for Federal civil service employees.
This modification provides a more precise legal reference for the specific type of leave that can be substituted, ensuring greater clarity in the application of Federal employee leave policies.
Before
This paragraph allowed Federal employees to substitute available leave under "section 6327" for FMLA leave taken for organ donation.
After
This paragraph now allows Federal employees to substitute available leave under "section 6327(b)(2)" for FMLA leave taken for organ donation.
This change shifts the basis for educational content to an existing statutory framework (Section 377A of the Public Health Service Act) and introduces inter-agency coordination with the Secretary of Labor, potentially streamlining content development but making the specific content less prescriptive within the bill itself.
Before
This subsection mandated the Secretary of Health and Human Services to review and update educational materials to educate the public on the benefits and risks of living organ donation and its impact on insurance access.
After
This subsection now mandates the Secretary of Health and Human Services, in coordination with the Secretary of Labor, to review and update educational activities and materials pursuant to section 377A of the Public Health Service Act, including information on the requirements under section 2 and amendments made by section 3. The subsection title was also updated.
This modification gives the Secretary more flexibility in how educational outreach is conducted, changing the obligation from mandatory updates of specific methods to discretionary use of various media.
Before
This subsection mandated the Secretary to update specific methods of outreach, including public service announcements, publicly accessible websites (like organdonor.gov), and other media.
After
This subsection now states that the Secretary "may, as appropriate," issue public service announcements or update any publicly accessible websites or other media maintained by the Secretary.
Scope
Meaningful expansion or narrowing — Changes are scattered across the definitions, FMLA provisions, and educational outreach sections. — v2 represents a refinement and expansion of the policy direction, primarily by broadening FMLA coverage and clarifying definitions, rather than a fundamental shift in the bill's overall purpose. — The definition change in Section 2(c)(3) could subtly affect how "living organ donor" is interpreted across the entire Act. The FMLA changes directly modify existing federal labor law. The Section 4 changes modify how the Secretary of HHS conducts public education related to organ donation.
Impact analysis
Living Organ Donors (general)
Clarification/potential expansion of covered donors.
The definition of "living organ donor" is clarified to explicitly include bone marrow donation and reference specific statutory definitions for "human organ."
Private Sector and Certain Public Sector Employees who are Living Organ Donors
Gain increased job protection and flexibility for the full duration of the organ donation process.
FMLA coverage is expanded from just "recovery from surgery" to include "organ donation, preparation for and recovery from surgery related to organ donation, and other activities related to organ donation."
Federal Civil Service Employees who are Living Organ Donors
Gain increased job protection and flexibility for the full duration of the organ donation process, with clearer guidance on leave substitution.
FMLA coverage is expanded similarly to private sector employees. Additionally, a specific subsection reference for leave substitution was added for clarity.
Secretary of Health and Human Services
Procedural change, with added coordination duties and increased discretion in outreach methods.
Educational activities now require coordination with the Secretary of Labor and are tied to a specific Public Health Service Act section. Methods of outreach are now discretionary rather than mandatory.
Secretary of Labor
Gain new inter-agency coordination responsibility.
Now explicitly required to coordinate with the Secretary of Health and Human Services on educational activities and materials related to living organ donation.