[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Senate]
[Pages S10631-S10632]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN:
  S 1509. 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; to the Committee on Veterans' 
Affairs.
  Mr. COLEMAN. Mr. President, I ask unanimous consent that the text of 
the bill I introduce today, the Eric and Brian Simon Act of 2003, to 
provide compensation to veterans, their spouses, and children who 
contract HIV or AIDS as a result of a blood transfusion relating to a 
service-connected injury, be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1509

       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.

[[Page S10632]]

       ``(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 moths 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.''.
                                 ______