S.Amdt. 2859

SA 2859. Mr. DURBIN 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 123, between lines 2 and 3, insert the following:

SEC. 122. EXTENSION OF CERTAIN BENEFITS TO OTHERS SUBJECT TO COMMUNITY EXPOSURE TO ASBESTOS.

(a) Waiver for Residents of West Chicago, Illinois.--The Administrator shall waive the exposure requirements under this subtitle for individuals who lived or worked within 10 miles of the former W.R. Grace & Company facility in West Chicago, Illinois, for at least 12 consecutive months before December 31, 2004. Claimants under this subsection shall provide such supporting documentation as the Administrator shall require.

(b) Claims Procedures for West Chicago, Illinois.--The claims procedures described under section 121(g)(8) relating to Libby, Montana, claimants shall also apply to any eligible claimants who resided within 10 miles of the former W.R. Grace & Company facility in West Chicago, Illinois.

(c) West Chicago, Illinois 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 individuals who reside, or resided, within 10 miles of the former W.R. Grace & Company facility in West Chicago, Illinois. The payment of any such medical expenses shall not be collateral source compensation, as defined under section 134(a).