S.Amdt. 2767

1. 1

   Change 1: Rewrites page 98, lines 6–17

   Replaces

   Removes page 98, lines 6–17.

   Inserted: (4) Waiver for workers and residents of vermiculite mining and processing communities.--

   Inserted: (A) In general.--Because of the nature of asbestos exposure related to the vermiculite mining operations in Libby, Montana, and the vermiculite processing operations associated with such mining operations, the Administrator shall waive the exposure requirements under this subtitle for individuals who worked--

   Inserted: (i) at the vermiculite mining operations in Libby, Montana, or lived or worked within a 20-mile radius of such mining operations, for at least 12 months before December 31, 2004; and

   Inserted: (ii) at sites processing vermiculite mined from mining operations in Libby, Montana; or (iii) or lived within a 20 mile radius of a processing site described in clause (ii), for at least 12 months before December 31, 2004.

   Inserted: (B) Required documentation.--Claimants under this paragraph shall provide such supporting documentation as the Administrator shall require.

   Original wording

   On page 98, strike lines 6 through 17, and insert the following:

2. 2

   Change 2: Rewrites page 118, line 6 through page 120, line 4

   Replaces

   Removes page 118, line 6 through page 120, line 4.

   Inserted: (8) Vermiculite mining and processing claimants.--

   Inserted: (A) In general.--A vermiculite mining and processing claimant, as described under subsection (c)(4), may elect to have the claimant's claim designated as an exceptional medical claim and referred to a Physicians Panel for review. In reviewing the medical evidence submitted by such a claimant in support of that claim, the Physicians Panel shall take into consideration the unique and serious nature of asbestos exposure in vermiculite mining and processing operations, including the nature of the pleural disease related to asbestos exposure from such sites.

   Inserted: (B) Claims.--For all claims for Levels II through IV filed by vermiculite mining and processing claimants, as described under subsection (c)(4), once the Administrator or the Physicians Panel issues a certificate of medical eligibility to such claimant, and notwithstanding the disease category designated in the certificate or the eligible disease or condition established in accordance with this section, or the value of the award determined in accordance with section 114, such claimant shall be entitled to an award that is not less than that awarded to claimants who suffer from asbestosis, Level IV. For all malignant claims filed by vermiculite mining and processing claimants, such claimant shall be entitled to an award that corresponds to the malignant disease category designated by the Administrator or the Physicians Panel.

   Original wording

   On page 118, strike line 6 and all that follows through page 120, line 4, and insert the following:

3. 3

   Change 3: Rewrites page 366, lines 2–8

   Replaces

   Removes page 366, lines 2–8.

   Inserted: (a) Vermiculite Mining and Processing Claimants.--Nothing in this Act shall preclude the formation of a fund for the payment of eligible medical expenses related to treating asbestos-related disease for current and former residents of vermiculite mining and processing communities, as described under section 121(c)(4). The payment of any such medical expenses shall not be collateral source compensation as defined under section 134(a).

   Original wording

   On page 366, strike lines 2 through 8, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed