[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1509 Introduced in Senate (IS)]
1st Session
S. 1509
To amend title 38, United States Code, to provide a gratuity to
veterans, their spouses, and children who contract HIV or AIDS as a
result of a blood transfusion relating to a service-connected
disability, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Coleman introduced the following bill; which was read twice and
referred to the Committee on Veterans' AffairsYYYYYYYYYYYYYYYYY
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide a gratuity to
veterans, their spouses, and children who contract HIV or AIDS as a
result of a blood transfusion relating to a service-connected
disability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eric and Brian Simon Act of 2003''.
SEC. 2. GRATUITY FOR VETERANS AND DEPENDENTS WHO CONTRACT HIV OR AIDS
FROM BLOOD TRANSFUSIONS RELATING TO SERVICE-CONNECTED
DISABILITIES.
(a) In General.--Subchapter IV of chapter 11 of title 38, United
States Code, is amended by inserting after section 1137 the following
new section:
``Sec. 1138. Gratuity for veterans and dependents who contract HIV or
AIDS from blood transfusions relating to service-
connected disabilities
``(a) In General.--Except as provided in subsection (c), the
Secretary shall pay a gratuity in the amount of $100,000 to each
individual described in subsection (b) who has an HIV infection or is
diagnosed with AIDS.
``(b) Eligible Individuals.--An individual described in this
subsection is any individual as follows:
``(1) A veteran who--
``(A) was treated with HIV contaminated blood
transfusion, HIV contaminated blood components, HIV
contaminated human tissue, or HIV contaminated organs
(other than Anti-hemophiliac Factor) as a result of a
service-connected disability; and
``(B) can assert through medical evidence
acceptable to the Secretary reasonable certainty of
transmission of HIV as a result of such treatment.
``(2) A lawful spouse, or former lawful spouse, of a
veteran described in paragraph (1) after the time of treatment
of such veteran as described in that paragraph who can assert
through medical evidence acceptable to the Secretary reasonable
certainty of transmission of HIV from such veteran.
``(3) Each natural child of a veteran described in
paragraph (1) conceived after the time of treatment of such
veteran as described in that paragraph who can assert through
medical evidence acceptable to the Secretary reasonable
certainty of perinatal transmission of HIV from such veteran.
``(c) Exception.--An individual described in subsection (b) is not
entitled to the payment of a gratuity under subsection (a) if the
individual has received a payment under section 102 of the Ricky Ray
Hemophilia Relief Fund Act of 1998 (42 U.S.C. 300c-22 note) with
respect to an HIV or AIDS infection.
``(d) Acceptable Medical Evidence.--(1) Except as provided in
paragraph (2), medical evidence acceptable to the Secretary under
subsection (b) shall include the following, as applicable:
``(A) Evidence of infection with HIV or AIDS.
``(B) In the case of a veteran described in subsection
(b)(1), evidence of the treatment described in subsection
(b)(1).
``(C) Evidence indicating no prior infection with HIV or
AIDS before the treatment described in subsection (b)(1) that
provided the source of infection with HIV or AIDS.
``(D) Evidence indicating that infection with HIV or AIDS
occurred after the date of the treatment described in
subsection (b)(1) that provided the source of infection with
HIV or AIDS.
``(E) In the case of an individual described in paragraph
(2) or (3) of subsection (b), evidence of transmission of HIV
from a veteran described in paragraph (1) of that subsection.
``(F) Such other evidence as the Secretary may require.
``(2) The Secretary may waive an applicable requirement for any
evidence specified in paragraph (1) if the Secretary determines that
such evidence was destroyed or is otherwise unavailable as a result of
circumstances beyond the control of the individual concerned.
``(e) Payment for Deceased Individuals.--(1) If an individual
entitled to a gratuity under this section is deceased at the time of
payment, payment shall be made as follows:
``(A) In the case of an individual who is survived by a
spouse living at the time of payment, to the surviving spouse.
``(B) In the case of an individual whose surviving spouse
is not living at the time of payment, to the children of the
individual living at the time of payment in equal shares.
``(C) In the case of an individual not described by
paragraph (1) or (2), to the parents of the individual living
at the time of payment in equal shares.
``(2) An individual described in paragraph (2) or (3) of subsection
(b) who is entitled to a gratuity under subsection (a) is also entitled
to payment under paragraph (1) with respect to a deceased individual.
``(3) In this subsection:
``(A) The term `spouse', with respect to an individual
described in paragraph (1), means the individual who was
lawfully married to such individual at the time of death.
``(B) The term `child' includes a recognized natural child,
a stepchild who lived with such individual in a parent-child
relationship, and an adopted child.
``(C) The term `parent' includes fathers and mothers
through adoption.
``(f) Application.--(1) A person seeking payment of a gratuity
under subsection (a) shall submit to the Secretary an application
therefor in such form and containing such information as the Secretary
shall require.
``(2) If an individual described in subsection (b) dies before
submitting an application for a gratuity under subsection (a), an
individual who would be entitled to payment under subsection (e) with
respect to such deceased individual may submit an application for the
gratuity under paragraph (1).
``(g) Treatment of Gratuity for Insurance Purposes.--(1) A payment
under this section shall not be considered as any form of compensation
or reimbursement for a loss for purposes of imposing liability on the
individual receiving the payment, or on the basis of such receipt, to
repay any insurance carrier for insurance payments or to repay any
person on account of worker's compensation payments.
``(2) A payment under this section shall not affect any claim
against an insurance carrier with respect to insurance or against any
person with respect to worker's compensation.
``(h) Definitions.--In this section:
``(1) The term `AIDS' means acquired immune deficiency
syndrome.
``(2) The term `HIV' means human immunodeficiency virus.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of that title is amended by inserting after the item
relating to section 1137 the following new item:
``1138. Gratuity for veterans and dependents who contract HIV or AIDS
from blood transfusions relating to
service-connected disabilities.''.
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