[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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