The Ricky Ray Bill

THE RICKY RAY BILL:

H.R.1023 - DIGEST SPONSOR: Rep Goss, (introduced 02/23/95) (AS INTRODUCED) Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment. Bill Summary & Status for the 104th Congress H.R.1023 SPONSOR: Rep Goss, (introduced 02/23/95) STATUS: Detailed Legislative History House Action(s): Feb 23, 1995: Referred to the House Committee on Judiciary. Mar 15, 1995: Referred to the Subcommittee on Immigration and Claims. Sep 19, 1996: Subcommittee Hearings Held. Text of Bill (First Mention of Bill in House 1st Session To provide procedures for claims for compassionate payments with regard to individuals with blood-clotting disorders, such as hemophilia, who contracted human immunodeficiency virus due to contaminated blood products. IN THE HOUSE OF REPRESENTATIVES February 23, 1995 Mr. GOSS (for himself, Mr. QUILLEN, Mr. ENGEL, Mr. MILLER of Florida, Mrs. MEEK of Florida, Mr. TRAFICANT, Mr. STEARNS, Mr. ENGLISH of Pennsylvania, Mr. DEUTSCH, Mr. GEJDENSON, Mr. CALVERT, Ms. FURSE, Mr. BARTLETT of Maryland, Mr. STUDDS, Mrs. FOWLER, Mr. RAHALL, Mr. HASTINGS of Florida, Mr. NADLER, Mr. SHAYS, Mr. BECERRA, Mrs. SEASTRAND, and Mr. MCHALE) introduced the following bill; which was referred to the Committee on the Judiciary. A BILL To provide procedures for claims for compassionate payments with regard to individuals with blood-clotting disorders, such as hemophilia, who contracted human immunodeficiency virus due to contaminated blood products. 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 `Ricky Ray Hemophilia Relief Fund Act of 1995'. SEC. 2. FINDINGS AND PURPOSE. (a) FINDINGS - The Congress finds that -- ? (1) approximately 1/2 of all individuals in the United States who suffer from blood-clotting disorders, such as hemophilia, were exposed, through the use of blood-clotting agents, to human immunodeficiency virus (HIV), which causes the fatal illness known as acquired immune deficiency syndrome (AIDS); ? 2) the Federal Government has a shared responsibility with the blood-products industry for protecting the safety of the blood supply of the Nation and for regulating the safety of blood-clotting agents; ? (3) blood and blood derivatives (including blood-clotting agents) are subject to more stringent regulation by the Federal Government than are most products regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), because blood and blood derivatives are subject to regulation under the Public Health Service Act (42 U.S.C. 201 et seq.) as well as the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); ? 4) individuals with blood-clotting disorders, such as hemophilia, were at an unusually high and largely preventable risk of contracting HIV during the period beginning in 1980 (when technology became available to pasteurize blood-clotting agents) and ending in 1987 (when the last mass recall of contaminated anti-hemophilic factor (AHF) occurred); ? 5) during the period beginning in 1980 and ending in 1987, despite growing concerns about blood-borne viruses such as hepatitis and HIV, the Federal Government did not require the blood-products industry to use available technology to ensure the safety of blood products that were allowed on the market for sale to individuals with blood-clotting disorders, such as hemophilia; ? 6) the Federal Government did not require that, to allow for fully informed decisionmaking regarding treatment options, the blood-products industry provide directly to individuals with blood-clotting disorders, such as hemophilia, all available information about the risks of contaminated blood products; ? (7) the Federal Government failed to fulfill its responsibility to properly regulate the blood-products industry, and thus exposed individuals with blood-clotting disorders, such as hemophilia, and their families to potential infection with a fatal disease; ? 8) 17 other developed countries have established government compensation programs to assist individuals with blood-clotting disorders, such as hemophilia, who were infected with HIV; ? 9) individuals with blood-clotting disorders, such as hemophilia, who have HIV infections incur annual medical costs that often exceed $150,000, due to the expense of the necessary medications and the complications caused by the combination of the 2 illnesses; ? 10) Ricky Ray was born with hemophilia and, like his 2 younger brothers and thousands of others, became infected with the deadly HIV through use of contaminated blood-clotting products; ? 11) Ricky Ray and his family have brought national attention to the suffering of individuals with blood-clotting disorders, such as hemophilia, and their families, who have been devastated by HIV; and ? 12) Ricky Ray died at the age of 15 on December 13, 1992, of hemophilia-associated AIDS, and this Act should bear his name. (b) PURPOSE - It is the purpose of this Act to establish a procedure to make partial restitution to individuals who were infected with HIV after treatment, during the period beginning in 1980 and ending in 1987, with contaminated blood products. SEC. 3. TRUST FUND. (a) ESTABLISHMENT - 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. (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 Attorney General under section 5. (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 to carry out this Act $1,000,000,000. SEC. 4. CLAIMS RELATING TO BLOOD-CLOTTING DISORDERS AND HIV. Any individual who submits to the Attorney General written medical documentation that the individual has an HIV infection shall receive $125,000, from amounts available in the Fund, if each of the following conditions is met: (1) CHARACTERISTICS OF INDIVIDUAL - The individual is described in 1 of the following subparagraphs: (A) The individual has any form of blood-clotting disorder, such as hemophilia, and was treated with blood-clotting agents (in the form of blood components or blood products) at any time during the period beginning on January 1, 1980, and ending on December 31, 1987. (B) The individual -- (i) is the lawful spouse of an individual described in subparagraph (A); or (ii) is the former lawful spouse of an individual described in subparagraph (A) 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 subparagraph. (C) The individual acquired the HIV infection through perinatal transmission from a parent who is an individual described in subparagraph (A) or (B). (2) CLAIM - A claim for the payment is filed with the Attorney General by or on behalf of the individual. (3) DETERMINATION - The Attorney General determines, in accordance with section 5(b), that the claim meets the requirements of this Act. SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS. (a) ESTABLISHMENT OF FILING PROCEDURES - The Attorney General shall establish procedures under which individuals may submit claims for payment under this Act. The procedures shall include a requirement that each claim filed under this Act include written medical documentation that the relevant individual described in section 4(1)(A) has a blood-clotting disorder, such as hemophilia, and was treated as described in such section. (b) DETERMINATION OF CLAIMS - For each claim filed under this Act, the Attorney General shall determine whether the claim meets the requirements of this Act. (c) PAYMENT OF CLAIMS - (1) IN GENERAL - The Attorney General shall pay, from amounts available in the Fund, each claim that the Attorney General determines meets the requirements of this Act. (2) PAYMENTS IN CASE OF DECEASED INDIVIDUALS - (A) IN GENERAL - In the case of an individual referred to in section 4 who is deceased at the time that payment is made under this section on a claim filed by or on behalf of the individual, the payment shall be made to the estate of the individual, if such an estate exists. If no such estate exists, the payment may be made only 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 payment. (B) FILING OF CLAIM BY ESTATE OR SURVIVOR - If an individual eligible for payment under section 4 dies before filing a claim under this Act -- (i) the estate of the individual, if such an estate exists, may file a claim for payment under this Act on behalf of the individual; or (ii) if no such estate exists, a survivor of the individual may file a claim for payment under this Act on behalf of the individual if the survivor may receive payment under subparagraph (A). (C) DEFINITIONS - For purposes of this paragraph: (i) The term `spouse' means an individual who was lawfully married to the relevant individual. (ii) 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) The term `parent' includes fathers and mothers through adoption. (Infoweb Librarian's note: And what about Gays and Lesbian couples who have been together for many years yet still are not allowed to be married? Are they not to receive the same treatment as married couples? Is this America?) (3) TIMING OF PAYMENT - The Attorney General may not make a payment on a claim under this Act before the expiration of the 90-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. (4) CHOICE OF PAYMENT METHODS - An individual whom the Attorney General determines to be entitled to a payment under subsection (c)(1) may choose to receive the payment in the form of -- (A) a lump sum of $125,000, which shall be paid not later than 90 days after the Attorney General determines that the individual is entitled to receive payment under subsection (c)(1); or (B) 4 subpayments, of which -- (i) the 1st subpayment shall consist of $50,000 and shall be paid not later than 90 days after the Attorney General determines that the individual is entitled to receive payment under subsection (c)(1); and (ii) the 2d, 3d, and 4th subpayments shall each consist of $25,000 and shall each be paid upon the expiration of the 6-month period beginning on the date of the preceding subpayment. end (d) ACTION ON CLAIMS - The Attorney General shall complete the determination required by subsection (b) regarding a claim not later than 90 days after the claim is filed under this Act. (e) PAYMENT IN FULL SETTLEMENT OF CLAIMS AGAINST UNITED STATES - Payment under this Act, when accepted by an individual described in section 4 or by the estate of or a survivor of such an individual on behalf of the individual, shall be in full satisfaction of all claims of or on behalf of the individual against the United States (but not against any other person or entity) that arise out of both an HIV infection and treatment, at any time during the period beginning on January 1, 1980, and ending on December 31, 1987, with blood-clotting agents (in the form of blood components or blood products). (f) ADMINISTRATIVE COSTS NOT PAID FROM FUND - No costs incurred by the Attorney General in carrying out this Act may be paid from the Fund or set off against, or otherwise deducted from, any payment made under subsection (c)(1). (g) TERMINATION OF DUTIES OF ATTORNEY GENERAL - The duties of the Attorney General under this section shall cease when the Fund terminates. (h) TREATMENT OF PAYMENTS UNDER OTHER LAWS - A payment under subsection (c)(1) to an individual or an estate -- (1) shall be treated for purposes of the internal revenue laws of the United States as damages received on account of personal injuries or sickness; and (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. (i) USE OF EXISTING RESOURCES - The Attorney General should use funds and resources available to the Attorney General to carry out the functions of the Attorney General under this Act. (j) REGULATORY AUTHORITY - The Attorney General may issue regulations necessary to carry out this Act. (k) TIME OF ISSUANCE OF REGULATIONS, GUIDELINES, AND PROCEDURES - The initial regulations, guidelines, and procedures to carry out this Act shall be issued not later than 90 days after the date of the enactment of this Act. (l) JUDICIAL REVIEW - An individual whose claim for compensation under this Act is denied may seek judicial review solely in a district court of the United States. The court shall review the denial on the administrative record and shall hold unlawful and set aside the denial if the denial is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. SEC. 6. LIMITATION ON TRANSFER AND NUMBER OF CLAIMS. (a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE - A claim under this Act shall not be assignable or transferable. (b) 1 CLAIM WITH RESPECT TO EACH VICTIM - With respect to each individual described in subparagraph (A), (B), or (C) of section 4(1), the Attorney General may not pay more than 1 claim filed to receive compensation under this Act for the harm suffered by the individual. SEC. 7. LIMITATIONS ON CLAIMS. The Attorney General may not pay any claim filed under this Act unless the claim is filed within 3 years after the date of the enactment of this Act. SEC. 8. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT. A payment made under section 5(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 Act shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation. SEC. 9. LIMITATION ON AGENT AND ATTORNEY FEES. Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual under this Act, more than 5 percent of a payment made under this Act on the claim. Any such representative who violates this section shall be fined not more than $50,000. SEC. 10. DEFINITIONS. For purposes of this Act: The term `AIDS' means acquired immune deficiency syndrome. The term `Fund' means the Ricky Ray Hemophilia Relief Fund. The term `HIV' means human immunodeficiency virus. Updates to above bill (Congressional Record entry: THE RICKY RAY HEMOPHILIA RELIEF FUND ACT (House of Representatives - February 24, 1995) The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Florida [Mr. Goss] is recognized for 5 minutes. Mr. GOSS. Mr. Speaker, yesterday I and 21 of my colleagues from both sides of the aisle took the first concrete steps toward righting a terrible wrong, by introducing the Ricky Ray Hemophilia Relief Fund Act of 1995. This bill addresses the suffering of approximately 8,000 people with hemophilia-associated AIDS and their families. The premise behind this legislation is simple: The Federal Government must assume partial responsibility for what happened to these people because it failed to respond to the warning signs that blood products sold in this country were contaminated with the deadly virus that causes AIDS. It's time for accountability. The facts of this tragedy are horrifying. During the years 1980 through 1987, despite medical advances that could have wiped out contaminants of blood products sold to hemophilia suffers, contaminated products continued to flood the marketplace and approximately 8,000 people with blood-clotting disorders became infected with HIV. Among the victims was a young Florida boy named Ricky Ray. He and his two brothers suffered from the hereditary blood-clotting disease known as hemophilia, an illness that makes people vulnerable to potentially life-threatening bleeding episodes. The brothers Ray --and thousands of people like them --hailed blood-clotting products known as factor as a tremendous medical breakthrough that would change their lives forever. But there was a dark side to this new wonder treatment --and that was the transmission of dangerous blood-borne viruses, such as hepatitis and eventually HIV. As a result, all of the Ray brothers became HIV-positive --and in December 1992 Ricky --the eldest of the three --died of AIDS at the age of 15. Before his death, Ricky courageously spoke out and became a national symbol of this terrible situation. He inspired many of his peers to tell their stories and begin seeking answers from the Federal Government and the blood industry. I am saddened that he did not live to see the day when legislation would be introduced in his honor, but we know his brothers, his sister, his parents, and the extended family of friends he established around the country, all recognize the enormous contribution he made in his very short life. The Ricky Ray Hemophilia Relief Fund Act establishes a fund of $1 billion from which victims of this tragedy could collect $125,000 each. The fund sunsets after 5 years and eligibility for its benefits are carefully defined in the bill. This legislation is not about charity --and it is not about making everything all right for the victims. Certainly $125,000 is only a very small down payment on the staggering emotional and financial costs that hemophilia-associated AIDS places on its victims and their families. What this bill is about is the Federal Government owning up to a share of responsibility for what happened. In 17 other developed countries where similar disasters occurred, national governments have stepped up to their obligations and established compensation programs. It's time for the United States to follow that lead. As this legislation moves through the process of consideration in this House, we will debate the extent of Government's obligation and the proper response to this tragedy. I know many of my colleagues are concerned about setting precedents and spending money. I share that concern --but I believe this is one of the things Government should appropriately be doing, responding to a tragedy that the Government had some responsibility to prevent. Of course, we look forward to the upcoming release of a thorough study conducted by the National Academy of Science's Institute of Medicine about what went wrong with the blood supply and how decisions about addressing those problems were made. Our legislation is in no way meant to prejudge or preclude that study, whose results should be available in May, nor do we have any interest in interfering with an ongoing legal process involving citizens and private industry. By presenting this bill to the House, we are simply acknowledging our commitment to the victims of this tragedy and our interest in seeing the Federal Government take action. I urge my colleagues to join us in this effort. Third Mention of Bill on House Congressional Record entry: LEARNING THE LESSONS OF THE PAST (House of Representatives - July 18, 1995) The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Florida [Mr. Goss] is recognized for 5 minutes. Mr. GOSS. Mr. Speaker, the famous admonition that those who cannot remember the past are condemned to repeat it is often put another way: We must learn the lessons of the past to prevent making similar mistakes in the future. When it comes to the safety of the Nation's blood supply, this simple adage translates into a message of life and death. We know that during the early 1980's blood and blood products became tainted with the virus that causes AIDS. The early clues that there was a problem manifested themselves in the hemophilia community, because people with hemophilia frequently use products made from blood that is pooled from thousands of donors. We now know that during the early 1980's, approximately one-half of the Nation's hemophiliacs --some 8,000 people --became infected with the virus that causes AIDS through the use of contaminated blood-clotting products. How did this happen? Why did the system that was established to safeguard the supply of blood and blood products fail to heed early warning signs and prove so slow to respond to a dangerous threat? How can we prevent such a tragedy from happening again? More than 2 years ago, I joined with Senators Graham of Florida and Kennedy of Massachusetts in asking HHS Secretary Donna Shalala to conduct a review of the events surrounding this medical disaster. The results of that intensive and objective review have come to us in the form of a report, presented last week by the National Academy of Sciences' Institute of Medicine --the IOM. The conclusions of this report are important --not just for their candor in describing the `Failure of leadership and inadequate institutional decisionmaking processes' to meet the challenge of a deadly new blood-borne disease --but also for their recommended changes to the system. In underscoring the Federal Government's shared responsibility for the safety of the blood supply, the report concludes that the FDA --which has regulatory authority over blood and blood products --quote `Consistently chose the least aggressive option that was justifiable.' On several occasions, the report found, the FDA quote `Did not adequately use its regulatory authority and therefore missed opportunities to protect the public health.' Unquote. And it notes that decisionmakers acted with an abundance of caution, seeking to engender quote `a minimum of criticism.' Unquote. All of these observations led the IOM to recommend a series of changes in the way the FDA regulates blood and blood products --and improvements in Public Health Service structure to yield early and aggressive response to new threats to the blood supply. The IOM panel also proposes a no-fault compensation program prospectively for future victims of adverse consequences from the use of blood and blood products. But what about the 8,000 victims of the tragedy that has already happened? Although this question was beyond its purview, the IOM suggested that its prospective recommendation quote `Might serve to guide policymakers as they consider whether to implement a compensation system for those infected in the 1980's' unquote. And so I ask my colleagues to consider H.R. 1023, a bill I introduced in February that now has 110 bipartisan cosponsors. The Ricky Ray Hemophilia Relief Fund Act named for a victim from my old congressional district, as it is known, establishes a compensation program for the victims of hemophilia-associated AIDS. It is based on the premise that has now been supported by the IOM report, that Government shares responsibility for what happened. It is also based on the understanding that blood and blood products are unique --as is the Federal responsibility for them. We have a national blood policy, put in place in the mid-1970's, that says we have a commitment to a safe supply of blood and blood products. In fact, as part of our recognition that these are unique resources deserving special consideration, we have placed the regulation of blood and blood products under the aegis of two separate laws. Mr. Speaker, as we learn from the mistakes of the past, let us be sure we stand up to our obligations for them. I urge my colleagues to review H.R. 1023 and I hope that the Judiciary Committee will soon hold hearings on this important matter of fair play, as I have now requested. We cannot undo the damage, but we can restore some faith and provide some relief to victims and their loved ones. That would be a good way to go forward. List of Sponsors in House of Representatives (Includes date the sponsor signed on to the bill) SPONSOR: Rep Goss, (introduced 02/23/95) 249 COSPONSORS: 1. Rep Quillen - 02/23/95 2. Rep Engel - 02/23/95 3. Rep Miller, D. - 02/23/95 4. Rep Meek - 02/23/95 5. Rep Traficant - 02/23/95 6. Rep Stearns - 02/23/95 7. Rep English - 02/23/95 8. Rep Deutsch - 02/23/95 9. Rep Gejdenson - 02/23/95 10. Rep Calvert - 02/23/95 11. Rep Furse - 02/23/95 12. Rep Bartlett - 02/23/95 13. Rep Studds - 02/23/95 14. Rep Fowler - 02/23/95 15. Rep Rahall - 02/23/95 16. Rep Hastings, A. - 02/23/95 17. Rep Nadler - 02/23/95 18. Rep Shays - 02/23/95 19. Rep Becerra - 02/23/95 20. Rep Seastrand - 02/23/95 21. Rep McHale - 02/23/95 22. Rep Weldon, C. - 03/01/95 23. Rep Olver - 03/06/95 24. Rep Towns - 03/08/95 25. Rep Camp - 03/08/95 26. Rep Johnston - 03/14/95 27. Rep Reynolds - 03/15/95 28. Rep Pryce - 03/15/95 29. Rep Kennedy, P. - 03/16/95 30. Rep McDermott - 03/16/95 31. Rep Inglis - 03/21/95 32. Rep Baker, R. - 03/22/95 33. Rep Yates - 03/22/95 34. Rep Clement - 03/23/95 35. Rep Bishop - 03/28/95 36. Rep Dellums - 03/28/95 37. Rep Lewis, John - 03/30/95 38. Rep Kennelly - 03/30/95 39. Rep Ward - 03/30/95 40. Rep Kelly - 04/03/95 41. Rep Hinchey - 04/03/95 42. Rep Manton - 04/05/95 43. Rep Hall, T. - 04/05/95 44. Rep Petri - 04/05/95 45. Rep Bilbray - 04/05/95 46. Rep Romero-Barcelo - 04/06/95 47. Rep Frank - 04/06/95 48. Rep McCollum - 04/07/95 49. Rep Johnson, N. - 05/01/95 50. Rep DeFazio - 05/01/95 51. Rep Pelosi - 05/01/95 52. Rep Fox - 05/01/95 53. Rep Ackerman - 05/01/95 54. Rep Abercrombie - 05/01/95 55. Rep Solomon - 05/01/95 56. Rep Neal - 05/01/95 57. Rep Barcia - 05/01/95 58. Rep King - 05/01/95 59. Rep Borski - 05/01/95 60. Rep Moakley - 05/01/95 61. Rep Meehan - 05/01/95 62. Rep Coyne - 05/01/95 63. Rep Holden - 05/01/95 64. Rep Norton - 05/01/95 65. Rep Foglietta - 05/01/95 66. Rep Bentsen - 05/02/95 67. Rep LaFalce - 05/03/95 68. Rep Lantos - 05/09/95 69. Rep Andrews - 05/09/95 70. Rep Doyle - 05/09/95 71. Rep Oberstar - 05/09/95 72. Rep Hunter - 05/10/95 73. Rep Schroeder - 05/10/95 74. Rep Clinger - 05/10/95 75. Rep Sanders - 05/10/95 76. Rep Mascara - 05/10/95 77. Rep Torres - 05/10/95 78. Rep Jacobs - 05/12/95 79. Rep Cunningham - 05/17/95 80. Rep Visclosky - 05/17/95 81. Rep Farr - 05/18/95 82. Rep Talent - 05/18/95 83. Rep Roemer - 05/23/95 84. Rep Sabo - 05/24/95 85. Rep Filner - 05/24/95 86. Rep Gekas - 05/24/95 87. Rep Bono - 06/07/95 88. Rep Payne, D. - 06/07/95 89. Rep Bryant, J. - 06/07/95 90. Rep DeLauro - 06/07/95 91. Rep Bevill - 06/07/95 92. Rep Smith, C. - 06/08/95 93. Rep Blute - 06/08/95 94. Rep Torricelli - 06/13/95 95. Rep Gilman - 06/13/95 96. Rep Gallegly - 06/13/95 97. Rep Shaw - 06/13/95 98. Rep Wynn - 06/13/95 99. Rep Johnson, T. - 06/13/95 100. Rep Longley - 06/16/95 101. Rep Payne, L. - 06/20/95 102. Rep Fattah - 06/21/95 103. Rep Evans - 06/22/95 104. Rep Brown, G. - 06/22/95 105. Rep Leach - 06/22/95 106. Rep Waxman - 06/28/95 107. Rep Reed - 06/29/95 108. Rep Kildee - 07/11/95 109. Rep Jackson-Lee - 07/12/95 110. Rep Scott - 07/24/95 111. Rep Pastor - 07/24/95 112. Rep Bonior - 07/24/95 113. Rep Houghton - 07/25/95 114. Rep Boehlert - 08/01/95 115. Rep McKeon - 08/02/95 116. Rep Lofgren - 09/06/95 117. Rep Spence - 09/12/95 118. Rep Kanjorski - 09/12/95 119. Rep Matsui - 09/13/95 120. Rep Frost - 09/19/95 121. Rep Diaz-Balart - 09/19/95 122. Rep Mink - 09/19/95 123. Rep Bateman - 09/19/95 124. Rep McHugh - 09/20/95 125. Rep Molinari - 09/20/95 126. Rep Emerson - 09/27/95 127. Rep Kennedy, J. - 09/27/95 128. Rep McKinney - 09/27/95 129. Rep Foley - 09/28/95 130. Rep Morella - 09/28/95 131. Rep Moran - 09/28/95 132. Rep Horn - 09/29/95 133. Rep Hayes - 09/29/95 134. Rep Gunderson - 10/11/95 135. Rep Green - 10/11/95 136. Rep Walsh - 10/11/95 137. Rep Owens - 10/17/95 138. Rep Jefferson - 10/17/95 139. Rep Ehlers - 10/17/95 140. Rep Miller, G. - 10/17/95 141. Rep Forbes - 10/26/95 142. Rep Hilliard - 10/26/95 143. Rep Berman - 10/30/95 144. Rep Fields, C. - 10/30/95 145. Rep Lowey - 10/30/95 146. Rep Frisa - 11/09/95 147. Rep Hefner - 11/09/95 148. Rep Packard - 11/10/95 149. Rep Rose - 11/10/95 150. Rep Markey - 11/17/95 151. Rep Torkildsen - 11/17/95 152. Rep Brown, C. - 11/28/95 153. Rep Bachus - 11/28/95 154. Rep Linder - 11/28/95 155. Rep Dooley - 11/30/95 156. Rep Hutchinson - 11/30/95 157. Rep Davis - 12/06/95 158. Rep Gibbons - 12/06/95 159. Rep Clyburn - 12/06/95 160. Rep Wolf - 12/06/95 161. Rep Peterson, P. - 12/06/95 162. Rep Thurman - 12/12/95 163. Rep Bliley - 12/13/95 164. Rep Taylor, G. - 12/18/95 165. Rep Watt - 12/21/95 166. Rep Cox - 01/24/96 167. Rep Pallone - 01/24/96 168. Rep Scarborough - 01/25/96 169. Rep Stupak - 01/25/96 170. Rep Castle - 01/26/96 171. Rep Conyers - 01/26/96 172. Rep Johnson, E. - 01/31/96 173. Rep Velazquez - 02/20/96 174. Rep Schumer - 02/20/96 175. Rep Frazer - 02/20/96 176. Rep Weldon, D. - 02/20/96 177. Rep Maloney - 02/20/96 178. Rep Sisisky - 02/27/96 179. Rep Lazio - 02/27/96 180. Rep Hoekstra - 02/27/96 181. Rep McNulty - 02/28/96 182. Rep Thompson - 02/28/96 183. Rep Gutierrez - 03/07/96 184. Rep Quinn - 03/07/96 185. Rep Archer - 03/07/96 186. Rep Rangel - 03/13/96 187. Rep Stark - 03/13/96 188. Rep Gonzalez - 03/19/96 189. Rep Woolsey - 03/19/96 190. Rep Fazio - 03/19/96 191. Rep Clay - 03/21/96 192. Rep Tauzin - 03/21/96 193. Rep Faleomavaega - 03/21/96 194. Rep Bunning - 03/21/96 195. Rep Spratt - 03/21/96 196. Rep Coble - 03/21/96 197. Rep Bunn - 03/21/96 198. Rep Boucher - 03/21/96 199. Rep McCrery - 03/21/96 200. Rep Gilchrest - 03/27/96 201. Rep Chrysler - 03/27/96 202. Rep Taylor, C. - 03/27/96 203. Rep Young, C. - 03/27/96 204. Rep Clayton - 03/27/96 205. Rep de la Garza - 03/27/96 206. Rep Baldacci - 03/27/96 207. Rep Lucas - 03/27/96 208. Rep Myers - 03/27/96 209. Rep Dornan - 03/29/96 210. Rep Latham - 03/29/96 211. Rep Dixon - 04/15/96 212. Rep Knollenberg - 04/15/96 213. Rep Skelton - 04/15/96 214. Rep Cardin - 04/15/96 215. Rep Nussle - 04/15/96 216. Rep Dunn - 04/15/96 217. Rep Eshoo - 04/15/96 218. Rep Geren - 04/15/96 219. Rep Norwood - 04/15/96 220. Rep Shuster - 04/17/96 221. Rep Stokes - 04/17/96 222. Rep Largent - 04/17/96 223. Rep Hastert - 04/22/96 224. Rep Schaefer - 04/22/96 225. Rep Montgomery - 04/22/96 226. Rep Durbin - 04/24/96 227. Rep Slaughter - 04/30/96 228. Rep Chambliss - 04/30/96 229. Rep Jackson - 04/30/96 230. Rep LaHood - 05/06/96 231. Rep Menendez - 05/06/96 232. Rep Peterson, C. - 05/06/96 233. Rep Flake - 05/10/96 234. Rep Burr - 05/10/96 235. Rep Brown, S. - 05/15/96 236. Rep Rush - 05/15/96 237. Rep Martinez - 05/15/96 238. Rep Levin - 05/22/96 239. Rep Condit - 05/29/96 240. Rep Lewis, Jerry - 06/06/96 241. Rep Vucanovich - 06/12/96 242. Rep Barrett, B. - 06/18/96 243. Rep Lipinski - 06/26/96 244. Rep Ensign - 07/09/96 245. Rep Kingston - 09/11/96 246. Rep Bilirakis - 09/12/96 247. Rep Heineman - 09/17/96 248. Rep Kolbe - 09/17/96 249. Rep Crane - 09/17/96 COMMITTEE OF TEN THOUSAND 155 LONGWOOD AVE. BROOKLINE MA 02145 (617) 739-2688 FAX (617) 734-8999 WASHINGTON D.C. OFFICE: (202) 547-2688 ADVOCATES FOR PERSONS WITH HIV/AIDS CONTACT: COREY DUBIN, JONATHAN WADLEIGH & DANA KUHN, COMMITTEE OF TEN THOUSAND-WASHINGTON D.C. OFFICE: (202) 547-2688 INSTITUTE OF MEDICINE RELEASES REPORT ON HIV & THE BLOOD SUPPLY CITING REGULATORY BREAKDOWN DURING THE 1980'S With the release of the National Academy Of Science, Institute Of Medicine report entitled, HIV & The Blood Supply, An Analysis Of Crisis Decision Making, we now have a clear view of the events that resulted in the Hemophilia/Aids holocaust. Corporate irresponsibility, regulatory failure, a lack of medical independence and the indifference of the Reagan Administration all played a significant part in the infection and devastation of an entire community. The IOM report vividly demonstrates how critical decisions were made based on economic concerns at the expense of what was necessary to protect the public health. It details the failure of the federal regulatory system to respond In a timely fashion to what was a growing and alarming body of evidence indicating that the causative agent for AIDS was in fact a blood-borne pathogen. The report shows that warnings from the Centers For Disease Control, the federal agency tasked with acting as the nation's early warning system for threats to the public health, were repeatedly ignored and discredited by the manufacturers of blood products, the blood banking industry, the American Red Cross and their regulators at the Food & Drug Administration. It demonstrates that while the FDA possessed the statutory authority to aggressively respond to the threat to the blood supply, that they repeatedly chose the "least aggressive options available, therefore repeatedly missing opportunities contain the growing epidemic. Their failure to aggressively recall unscreened products resulted in a death sentence for thousands of persons with hemophilia. The report paints a picture of rampant conflict of interest within the regulatory structure where key decisions with grave impact on peoples very lives, were being made by those with a significant interest in the business of blood. The report also cites the FDA's inability to take incremental steps that combined could have greatly reduced the level of contamination. The Institute Of Medicine made a series of proposed recommendations designed to clean-up the federal regulatory structure. They include the creation of a national blood safety council at the level of the HHS Secretary as well as federal agencies ceasing to depend on the very entities they regulate for data analysis and decision making modeling. The report also stresses the absolute need for the participation of the affected communities such as the users of blood and blood products. This morning Secretary Shalala issued a statement supporting the findings and recommendations of the IOM report. However according to Shalala, HHS has already been acting on many of those recommendations. We have yet to see any action toward change from Secretary Shalala and we intend to continue to pressure HHS not only to implement the IOM recommendations but to take all actions available to ensure that the highest degree of safety is maintained in this nation's blood supply. The report also cites the need for compensation funds to be established for those harmed in situations like the HIV contamination of the blood supply. The Committee Of Ten Thousand has been working with Representative Porter Goss, R-Florida, for the passage of HR 1023, The Ricky Ray Hemophilia Relief Act Of 1995, introduced by Goss in February of this year. We applaud the work of the IOM in tackling this difficult and controversial issue in an in-depth fashion. We now must take this report to the American people, not only so they understand what occurred during the 1980's but also to inform them that many of the problems that resulted in the Hemophilia holocaust continue unabated today. We must alter the business of blood if we are to ensure a safe blood supply for the American people.

The Bill is mainly the hard work of The Ray Family and the Robinson Secondary DECA 's students and educators. The Ricky Ray Hemophilia Relief Fund Act was established to make partial restitution to people with hemophilia who were infected during the period of 1982-1987 with HIV through contaminated blood products.

NOW WHAT ??? Only a few people eligible under the Ricky Ray Bill have actually received indemnities. Even Ricky and his brothers have not yet received any money.Many HIV-AIDS infected individuals have to choose between food and medicines. Please! Write to Congress and get things moving...