CodificationIn subsec. (d), “section 3324(a) and (span) of title 31 and section 6101 of title 41” substituted for “section 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)” on authority of Puspan. L. 97–258, § 4(span), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments1978—Subsec. (e). Puspan. L. 95–626 inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1979, 1980, and 1981.
1977—Subsec. (e). Puspan. L. 95–83 substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1977 and 1978, for prior such authorization for fiscal year 1977.
Ricky Ray Hemophilia Relief FundPuspan. L. 105–369, Nov. 12, 1998, 112 Stat. 3368, as amended by Puspan. L. 106–554, § 1(a)(6) [title IX, § 932], Dec. 21, 2000, 114 Stat. 2763, 2763A–585, provided that:“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.“(a)Short Title.—This Act may be cited as the ‘Ricky Ray Hemophilia Relief Fund Act of 1998’.
“(span)Table of Contents.— <span value="i" class="num">“title i—</span><span class="centered small-caps">hemophilia relief fund</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> RICKY RAY HEMOPHILIA RELIEF FUND.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Establishment</span>.—</span><span>There is established in the Treasury of the United States a trust fund to be known as the ‘Ricky Ray Hemophilia Relief Fund’, which shall be administered by the Secretary of the Treasury.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Investment of Amounts in Fund</span>.—</span><span>Amounts in the Fund shall be invested in accordance with <span href="/us/usc/t31/s9702" class="ref">section 9702 of title 31</span>, United States Code, and any interest on and proceeds from any such investment shall be credited to and become part of the Fund.</span></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Availability of Fund</span>.—</span><span>Amounts in the Fund shall be available only for disbursement by the Secretary of Health and Human Services under section 103.</span></div><div class="subsection"><span value="d" class="num">“(d)</span><span><span class="inline">Termination</span>.—</span><span>The Fund shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act [<span date="1998-11-12" class="date">Nov. 12, 1998</span>]. 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.</span></div><div class="subsection"><span value="e" class="num">“(e)</span><span><span class="inline">Authorization of Appropriations</span>.—</span><span>There is authorized to be appropriated to the Fund to carry out this title $750,000,000. There is appropriated to the Fund $475,000,000 for fiscal year 2001, to remain available until expended.</span></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> COMPASSIONATE PAYMENT RELATING TO INDIVIDUALS WITH BLOOD-CLOTTING DISORDERS AND HIV.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">In General</span>.—</span><span>If the conditions described in subsection (span) 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 and who is described in one of the following paragraphs:</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> The individual has any form of blood-clotting disorder, such as hemophilia, and was treated with antihemophilic factor at any time during the period beginning on <span date="1982-07-01" class="date">July 1, 1982</span>, and ending on <span date="1987-12-31" class="date">December 31, 1987</span>.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> The individual—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> is the lawful spouse of an individual described in paragraph (1); or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> 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).</span></div></div><div class="paragraph"><span value="3" class="num">“(3)</span><span> The individual acquired the HIV infection through perinatal transmission from a parent who is an individual described in paragraph (1) or (2).</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Conditions</span>.—</span><span>The conditions described in this subsection are, with respect to an individual, as follows:</span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">Submission of medical documentation of hiv infection</span>.—</span><span>The individual submits to the Secretary written medical documentation that the individual has an HIV infection.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Petition</span>.—</span><span>A petition for the payment is filed with the Secretary by or on behalf of the individual.</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span><span class="inline">Determination</span>.—</span><span>The Secretary determines, in accordance with section 103(span), that the petition meets the requirements of this title.</span></div></div></section><section style="-uslm-lc:I580467;"><span value="103" class="num">“SEC. 103.</span><span> DETERMINATION AND PAYMENT.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Establishment of Filing Procedures</span>.—</span><span>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) has (or had) a blood-clotting disorder, such as hemophilia, and was treated as described in such section.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Determination</span>.—</span><span>For each petition filed under this title, the Secretary shall determine whether the petition meets the requirements of this title.</span></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Payment.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">In general</span>.—</span><span>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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Payments in case of deceased individuals.—</span></span><div class="subparagraph"><span value="A" class="num">“(A)</span><span><span class="inline">In general</span>.—</span><span>In the case of an individual referred to in section 102(a) 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:</span><div class="clause"><span value="i" class="num">“(i)</span><span> 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.</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> 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.</span></div><div class="clause"><span value="iii" class="num">“(iii)</span><span> 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.</span></div><div class="clause"><span value="iv" class="num">“(iv)</span><span> If the individual is not survived by a person described in clause (i), (ii), or (iii), the payment shall revert back to the Fund.</span></div></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span><span class="inline">Filing of petition by survivor</span>.—</span><span>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).</span></div><div class="subparagraph"><span value="C" class="num">“(C)</span><span><span class="inline">Definitions</span>.—</span><span>For purposes of this paragraph:</span><div class="clause"><span value="i" class="num">“(i)</span><span> The term ‘spouse’ means an individual who was lawfully married to the relevant individual at the time of death.</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> 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.</span></div><div class="clause"><span value="iii" class="num">“(iii)</span><span> The term ‘parent’ includes fathers and mothers through adoption.</span></div></div></div><div class="paragraph"><span value="3" class="num">“(3)</span><span><span class="inline">Timing of payment</span>.—</span><span>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 [<span date="1998-11-12" class="date">Nov. 12, 1998</span>] or after the expiration of the 5-year period beginning on the date of the enactment of this Act.</span></div></div><div class="subsection"><span value="d" class="num">“(d)</span><span><span class="inline">Action on Petitions</span>.—</span><span>The Secretary shall complete the determination required by subsection (span) regarding a petition not later than 120 days after the date the petition is filed under this title.</span></div></section>
