[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2219 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2219

 To provide for compassionate payments with regard to individuals who 
   contracted human immunodeficiency virus due to the provision of a 
        contaminated blood transfusion, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2002

Mr. Edwards (for himself, Mr. Jeffords, and Mr. Kennedy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide for compassionate payments with regard to individuals who 
   contracted human immunodeficiency virus due to the provision of a 
        contaminated blood transfusion, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Steve Grissom 
Relief Fund Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                          TITLE I--RELIEF FUND

Sec. 101. Steve Grissom relief fund.
Sec. 102. Compassionate payments.
Sec. 103. Determination and payment.
Sec. 104. Limitation on transfer of rights and number of petitions.
Sec. 105. Time limitation.
Sec. 106. Certain claims not affected by payment.
Sec. 107. Definitions.
     TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM

Sec. 201. Treatment of certain payments under the SSI program.

                          TITLE I--RELIEF FUND

SEC. 101. STEVE GRISSOM RELIEF FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the ``Steve Grissom Relief 
Fund'', which shall be administered by the Secretary of the Treasury.
    (b) Investment of Amounts in Fund.--Amounts in the Fund shall be 
invested in accordance with section 9702 of title 31, United States 
Code, and any interest on and proceeds from any such investment shall 
be credited to and become part of the Fund.
    (c) Availability of Fund.--Amounts in the Fund shall be available 
only for disbursement by the Secretary of Health and Human Services 
under section 103.
    (d) Termination.--The Fund shall terminate upon the expiration of 
the 5-year period beginning on the date of the enactment of this Act. 
If all of the amounts in the Fund have not been expended by the end of 
the 5-year period, investments of amounts in the Fund shall be 
liquidated, the receipts of such liquidation shall be deposited in the 
Fund, and all funds remaining in the Fund shall be deposited in the 
miscellaneous receipts account in the Treasury of the United States.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund such sums as may be necessary to carry out 
this title.

SEC. 102. COMPASSIONATE PAYMENTS.

    (a) In General.--If the conditions described in subsection (b) are 
met and if there are sufficient amounts in the Fund to make each 
payment, the Secretary shall make a single payment of $100,000 from the 
Fund to any individual who has an HIV infection, or who is diagnosed 
with AIDS, and who is described in one of the following paragraphs:
            (1) The individual was treated with HIV contaminated blood 
        transfusion, HIV contaminated blood components, HIV 
        contaminated human tissue, or HIV contaminated organs 
        (excluding Anti-hemophiliac Factor) in the United States during 
        the period beginning on July 1, 1982, and ending on December 
        31, 1987.
            (2) The individual--
                    (A) is the lawful spouse of an individual described 
                in paragraph (1); or
                    (B) is the former lawful spouse of an individual 
                described in paragraph (1) and was the lawful spouse of 
                the individual at any time after a date, within the 
                period described in such subparagraph, on which the 
                individual was treated as described in such paragraph 
                and through medical documentation can assert reasonable 
                certainty of transmission of HIV from individual 
                described in paragraph (1).
            (3) The individual acquired the HIV infection through 
        perinatal transmission from a parent who is an individual 
        described in paragraph (1) or (2).
    (b) Conditions.--The conditions described in this subsection are, 
with respect to an individual, as follows:
            (1) Submission of medical documentation of hiv infection.--
                    (A) In general.--The individual submits to the 
                Secretary written medical documentation that 
                demonstrates that--
                            (i) the individual has (or had) an HIV 
                        infection;
                            (ii) in the case of an individual described 
                        in subsection (a)(1), the individual was 
                        treated with a blood transfusion, blood 
                        components, human tissue, or organs (excluding 
                        anti-hemophiliac Factor) provided by a medical 
                        professional in the United States during the 
                        period described in such subsection;
                            (iii) prior to the treatment described in 
                        subparagraph (B), there was no evidence of HIV 
                        infection with respect to the individual 
                        involved; and
                            (iv) a comprehensive physical examination, 
                        or HIV testing, was conducted after the 
                        treatment described in subparagraph (B) and 
                        reveals evidence of HIV infection, and that 
                        evidence, together with other medical records, 
                        indicates the probable transmission of the HIV 
                        to the individual through such treatment.
                    (B) Waivers.--The Secretary may waive the 
                requirements of subparagraph (A) with respect to an 
                individual if the Secretary determines that the 
                individual is unable to provide the documentation 
                required under such subparagraph because the documents 
                involved were destroyed or otherwise made unavailable 
                as a result of the occurrence a natural disaster or  
other circumstance beyond the control of the individual.
            (2) Petition.--A petition for the payment is filed with the 
        Secretary by or on behalf of the individual.
            (3) Determination.--The Secretary determines, in accordance 
        with section 103(b), that the petition meets the requirements 
        of this title.
            (4) Fraud.--Any individual who--
                    (A) knowingly and willfully makes or causes to be 
                made any false statement or representation of a 
                material fact in connection with any documentation 
                provided under this subsection; or
                    (B) having knowledge of the occurrence of any event 
                affecting his or her initial or continued right to any 
                payment under this title conceals or fails to disclose 
                such event with an intent fraudulently to secure such 
                payment;
        shall be fined not more than $100,000 or imprisoned for not 
        more than 5 years, or both.

SEC. 103. DETERMINATION AND PAYMENT.

    (a) Establishment of Filing Procedures.--The Secretary of Health 
and Human Services shall establish procedures under which individuals 
may submit petitions for payment under this title. The procedures shall 
include a requirement that each petition filed under this Act include 
written medical documentation that the relevant individual described in 
section 102(a)(1) received the treatment described in such section.
    (b) Determination.--For each petition filed under this title, the 
Secretary shall determine whether the petition meets the requirements 
of this title.
    (c) Payment.--
            (1) In general.--To the extent there are sufficient amounts 
        in the Fund to cover each payment, the Secretary shall pay, 
        from the Fund, each petition that the Secretary determines 
        meets the requirements of this title in the order received.
            (2) Payments in case of deceased individuals.--
                    (A) In general.--In the case of an individual 
                referred to in section 102(a) who was diagnosed with 
                AIDS and who is deceased at the time that payment is 
                made under this section on a petition filed by or on 
                behalf of the individual, the payment shall be made as 
                follows:
                            (i) If the individual is survived by a 
                        spouse who is living at the time of payment, 
                        the payment shall be made to such surviving 
                        spouse.
                            (ii) If the individual is not survived by a 
                        spouse described in clause (i), the payment 
                        shall be made in equal shares to all children 
                        of the individual who are living at the time of 
                        the payment.
                            (iii) If the individual is not survived by 
                        a person described in clause (i) or (ii), the 
                        payment shall be made in equal shares to the 
                        parents of the individual who are living at the 
                        time of the payment.
                            (iv) If the individual is not survived by a 
                        person described in clause (i), (ii), or (iii), 
                        the payment shall revert back to the Fund.
                    (B) Filing of petition by survivor.--If an 
                individual eligible for payment under section 102(a) 
                dies before filing a petition under this title, a 
                survivor of the individual may file a petition for 
                payment under this title on behalf of the individual if 
                the survivor may receive payment under subparagraph 
                (A).
                    (C) Definitions.--For purposes of this paragraph:
                            (i) Spouse.--The term ``spouse'' means an 
                        individual who was lawfully married to the 
                        relevant individual at the time of death.
                            (ii) Child.--The term ``child'' includes a 
                        recognized natural child, a stepchild who lived 
                        with the relevant individual in a regular 
                        parent-child relationship, and an adopted 
                        child.
                            (iii) Parent.--The term ``parent'' includes 
                        fathers and mothers through adoption.
            (3) Timing of payment.--The Secretary may not make a 
        payment on a petition under this title before the expiration of 
        the 120-day period beginning on the date of the enactment of 
        this Act or after the expiration of the 5-year period beginning 
        on the date of the enactment of this Act.
    (d) Action on Petitions.--The Secretary shall complete the 
determination required by subsection (b) regarding a petition not later 
than 120 days after the date the petition is filed under this title.
    (e) Humanitarian Nature of Payment.--This Act does not create or 
admit any claim of or on behalf of the individual against the United 
States or against any officer, employee, or agent thereof acting within 
the scope of employment or agency that relate to an HIV infection 
arising from a treatment described in section 102(a)(1), at any time 
during the period beginning on July 1, 1982, and ending on December 31, 
1987. A payment under this Act shall, however, when accepted by or on 
behalf of the individual, be in full satisfaction of all such claims by 
or on behalf of that individual.
    (f) Termination of Duties of Secretary.--The duties of the 
Secretary under this section shall cease when the Fund terminates.
    (g) Treatment of Payments Under Other Laws.--A payment under 
subsection (c)(1) to an individual--
            (1) shall be treated for purposes of the Internal Revenue 
        Code of 1986 as damages described in section 104(a)(2) of such 
        Code;
            (2) shall not be included as income or resources for 
        purposes of determining the eligibility of the individual to 
        receive benefits described in section 3803(c)(2)(C) of title 
        31, United States Code, or the amount of such benefits, and 
        such benefits shall not be secondary to, conditioned upon 
        reimbursement from, or subject to any reduction because of 
        receipt of, any such payment; and
            (3) shall not be treated as a third party payment or 
        payment in relation to a legal liability with respect to such 
        benefits and shall not be subject (whether by subrogation or 
        otherwise) to recovery, recoupment, reimbursement, or 
        collection with respect to such benefits (including the Federal 
        or State governments or any entity that provides such benefits 
        under a contract).
    (h) Regulatory Authority.--The Secretary may issue regulations 
necessary to carry out this title.
    (i) Time of Issuance of Procedures.--The Secretary shall, through 
the promulgation of appropriate regulations, guidelines, or otherwise, 
first establish the procedures to carry out this title not later than 
120 days after the date of the enactment of this Act.

SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS.

    (a) Rights Not Assignable or Transferable.--Any right under this 
title shall not be assignable or transferable.
    (b) One Petition With Respect to Each Victim.--With respect to each 
individual described in paragraph (1), (2), or (3) of section 102(a), 
the Secretary may not make payment with respect to more than one 
petition filed in respect to an individual.

SEC. 105. TIME LIMITATION.

    The Secretary may not make any payment with respect to any petition 
filed under this title unless the petition is filed within 5 years 
after the date of the enactment of this Act.

SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.

    A payment made under section 103(c)(1) 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, 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. A payment under this title shall not affect any claim against 
an insurance carrier with respect to insurance or against any person 
with respect to worker's compensation.

SEC. 107. DEFINITIONS.

    For purposes of this title:
            (1) AIDS.--The term ``AIDS'' means acquired immune 
        deficiency syndrome.
            (2) Fund.--The term ``Fund'' means the Steve Grissom Relief 
        Fund.
            (3) HIV.--The term ``HIV'' means human immunodeficiency 
        virus.
            (4) Secretary.--Unless otherwise provided, the term 
        ``Secretary'' means Secretary of Health and Human Services.

     TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM

SEC. 201. TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM.

    (a) In General.--Notwithstanding any other provision of law, the 
payments described in subsection (b) shall not be considered income or 
resources in determining eligibility for, or the amount of supplemental 
security income benefits under title XVI of the Social Security Act.
    (b) Government Payments Described.--The payments described in this 
subsection are payments made from the Fund established pursuant to 
section 101 of this Act.
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