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.

July 31 (legislative day, July 21), 2003

Mr. COLEMAN introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

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.'.

END