S.Amdt. 2825
What it does: Adds SEC. 503. VETERANS AND DEFENSE EMPLOYEE HEALTH CLAIMS on page 392, line 5
Sen. Ken Salazar (D-CO)What it changes
1 change to S.Amdt. 2746
Adds SEC. 503. VETERANS AND DEFENSE EMPLOYEE HEALTH CLAIMS on page 392, line 5
Adds a sectionInserted: SEC. 503. VETERANS AND DEFENSE EMPLOYEE HEALTH CLAIMS.
Inserted: (a) In General.--The Administrator shall develop procedures to provide for an expedited process to categorize, evaluate, and pay veterans and defense employee health claims. Such procedures shall include, pending promulgation of final regulations, adoption of interim regulations as needed for processing of veterans and defense employee health claims.
Inserted: (b) Eligible Veterans Health Claims.--
Inserted: (1) In general.--A claim shall qualify for treatment as a veterans and defense employee health claim if the claimant--
Inserted: (A) is living;
Inserted: (B) provides a diagnosis of an asbestos-related disease or condition meeting the requirements of section 121;
Inserted: (C) contracted such asbestos-related disease or condition during the claimant's service--
Inserted: (i) in the Armed Forces of the United States;
Inserted: (ii) as an employee of the Department of Defense; or
Inserted: (iii) as an employee performing official duties relating to national defense matters; and
Inserted: (D) has not received compensation from the Fund for the disease or condition for which the claim was filed.
Inserted: (2) Definition.--In this paragraph, the term "employee" has the same meaning as in section 2105 of title 5, United States Code.
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Inserted: (c) Additional Health Claims.--The Administrator may, in final regulations promulgated under section 101(c), designate additional categories of claims that qualify as veterans and defense employee health claims under this subsection.
Inserted: (d) Claims Facility.--To facilitate the prompt payment of veterans and defense employee health claim, the Administrator shall contract with a claims facility, which applying the medical criteria of section 121, may enter into settlements with claimants. The processing and payment of any such claims shall be subject to regulations promulgated under this Act.
Inserted: (e) Authorization for Contracts With Claims Facilities.--The Administrator may enter into contracts with a claims facility for the processing of claims (except for exceptional medical claims) in accordance with this title.
Inserted: (f) Rules of Construction.--
Inserted: (1) No right under veterans' benefit program.--Nothing in this subsection shall be construed to provide any claimant with any claim, right, or cause of action for benefits under a veterans' benefit program.
Inserted: (2) Collateral source compensation.--In no case shall amounts or benefits received by a claimant under this subsection be deemed as collateral source compensation under this Act.
Original wording
On page 392, after line 5, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2825. Mr. SALAZAR submitted an amendment intended to be proposed to amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself and Mr. Leahy)) to the bill S. 852, to create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes; which was ordered to lie on the table; as follows:
On page 392, after line 5, insert the following:
SEC. 503. VETERANS AND DEFENSE EMPLOYEE HEALTH CLAIMS.
(a) In General.--The Administrator shall develop procedures to provide for an expedited process to categorize, evaluate, and pay veterans and defense employee health claims. Such procedures shall include, pending promulgation of final regulations, adoption of interim regulations as needed for processing of veterans and defense employee health claims.
(b) Eligible Veterans Health Claims.--
(1) In general.--A claim shall qualify for treatment as a veterans and defense employee health claim if the claimant--
(A) is living;
(B) provides a diagnosis of an asbestos-related disease or condition meeting the requirements of section 121;
(C) contracted such asbestos-related disease or condition during the claimant's service--
(i) in the Armed Forces of the United States;
(ii) as an employee of the Department of Defense; or
(iii) as an employee performing official duties relating to national defense matters; and
(D) has not received compensation from the Fund for the disease or condition for which the claim was filed.
(2) Definition.--In this paragraph, the term “employee” has the same meaning as in section 2105 of title 5, United States Code.
(c) Additional Health Claims.--The Administrator may, in final regulations promulgated under section 101(c), designate additional categories of claims that qualify as veterans and defense employee health claims under this subsection.
(d) Claims Facility.--To facilitate the prompt payment of veterans and defense employee health claim, the Administrator shall contract with a claims facility, which applying the medical criteria of section 121, may enter into settlements with claimants. The processing and payment of any such claims shall be subject to regulations promulgated under this Act.
(e) Authorization for Contracts With Claims Facilities.--The Administrator may enter into contracts with a claims facility for the processing of claims (except for exceptional medical claims) in accordance with this title.
(f) Rules of Construction.--
(1) No right under veterans' benefit program.--Nothing in this subsection shall be construed to provide any claimant with any claim, right, or cause of action for benefits under a veterans' benefit program.
(2) Collateral source compensation.--In no case shall amounts or benefits received by a claimant under this subsection be deemed as collateral source compensation under this Act.
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Senate amendment submitted
February 14, 2006