S.Amdt. 2831

SA 2831. Mrs. BOXER 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. WAIVER FOR WORKERS AND RESIDENTS OF VERMICULITE PROCESSING SITES AND COMMUNITIES.

(a) In General.--Because of the unique nature of asbestos exposure related to the processing operations of vermiculite ore, the Administrator shall waive the exposure requirements under subtitle II for an individual who worked at a site processing vermiculite mined from mining operations in Libby, Montana, or lived or worked within a 20 mile radius of such processing site, for at least 12 consecutive months before December 31, 2005. Claimants under this paragraph shall provide such supporting documentation, as the Administrator shall require.

(b) Vermiculite Processing Sites.--The claims procedures described under section 121(g)(8) relating to Libby, Montana claimants shall apply to any eligible claimant who worked at a site processing vermiculite mined from mining operations in Libby, Montana, or lived or worked within a 20 mile radius of such processing site, as described under subsection (a), and where such processing site has been identified by a Federal or State agency as having received or processed vermiculite ore from Libby, Montana.

(c) Vermiculite Processing Site Claimants.--

(1) In general.--Nothing is this Act shall preclude the formation of a future fund for the payment of eligible medical expenses related to treating asbestos-related disease for individuals who worked at a site processing vermiculite mined from mining operations in Libby, Montana, or lived or worked within a 20 mile radius of such processing site, as described under subsection (a).

(2) Collateral source compensation exception.--The payment of any medical expense under paragraph (1) shall not be collateral source compensations as defined under section 134(a).