S.Amdt. 2842
What it does: Adds SEC. 503. WAIVER FOR WORKERS AND RESIDENTS OF VERMICULITE PROCESSING SITES AND COMMUNITIES on page 392, line 5
Sen. Lindsey Graham (R-SC)What it changes
1 change to S.Amdt. 2746
Adds SEC. 503. WAIVER FOR WORKERS AND RESIDENTS OF VERMICULITE PROCESSING SITES AND COMMUNITIES on page 392, line 5
Adds a sectionInserted: SEC. 503. WAIVER FOR WORKERS AND RESIDENTS OF VERMICULITE PROCESSING SITES AND COMMUNITIES.
Inserted: (a) Waiver for Workers and Residents of Vermiculite Mining and Processing Communities.--
Inserted: (1) 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: (A) 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: (B) at sites processing vermiculite mined from mining operations in Libby, Montana, that--
Inserted: (i) the United States Environmental Protection Agency has designated as requiring further action on the basis of current contamination as of the date of enactment of this Act; or
Inserted: (ii) processed at least 100,000 tons or more of vermiculite from the Libby, Montana, mine; or
Inserted: (iii) currently or subsequently have been identified by any Governmental agency as having processed vermiculite from the Libby, Montana, mine that caused risk from asbestos exposure; or (C) or lived within a 20 mile radius of a processing site described in subparagraph (B), for at least 12 months before December 31, 2004.
Inserted: (2) Required documentation.--Claimants under this paragraph shall provide such supporting documentation as the Administrator shall require.
Inserted: (b) Vermiculite Mining and Processing Claimants.--
Inserted: (1) In general.--Notwithstanding section 121(g)(8), a vermiculite mining and processing claimant, as described under subsection (a), 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: (2) Claims.--For all claims for Levels II through IV filed by vermiculite mining and processing claimants, as described under subsection (a), 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.
Show 3 more inserted paragraphsShow less
Inserted: (c) 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).
Inserted: (d) Miscellaneous.--Section (2)(a)(9) shall have no force or effect.
Inserted: (e) Definition.--For purposes of this section, the term "Governmental agency" means any regulatory or administrative unit responsible for evaluating sites that received and processed vermiculite ore mined in Libby, Montana.
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 2842. Mr. GRAHAM 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) Waiver for Workers and Residents of Vermiculite Mining and Processing Communities.--
(1) 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--
(A) 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
(B) at sites processing vermiculite mined from mining operations in Libby, Montana, that--
(i) the United States Environmental Protection Agency has designated as requiring further action on the basis of current contamination as of the date of enactment of this Act; or
(ii) processed at least 100,000 tons or more of vermiculite from the Libby, Montana, mine; or
(iii) currently or subsequently have been identified by any Governmental agency as having processed vermiculite from the Libby, Montana, mine that caused risk from asbestos exposure; or (C) or lived within a 20 mile radius of a processing site described in subparagraph (B), for at least 12 months before December 31, 2004.
(2) Required documentation.--Claimants under this paragraph shall provide such supporting documentation as the Administrator shall require.
(b) Vermiculite Mining and Processing Claimants.--
(1) In general.--Notwithstanding section 121(g)(8), a vermiculite mining and processing claimant, as described under subsection (a), 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.
(2) Claims.--For all claims for Levels II through IV filed by vermiculite mining and processing claimants, as described under subsection (a), 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.
(c) 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).
(d) Miscellaneous.--Section (2)(a)(9) shall have no force or effect.
(e) Definition.--For purposes of this section, the term “Governmental agency” means any regulatory or administrative unit responsible for evaluating sites that received and processed vermiculite ore mined in Libby, Montana.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
February 14, 2006