S.Amdt. 2877
What it does: Adds SEC. 503. ASBESTOS EXPOSURE AS THE RESULT OF A NATURAL OR OTHER DISASTER on page 392, line 5
Sen. Hillary Rodham Clinton (D-NY)What it changes
1 change to S.Amdt. 2746
Adds SEC. 503. ASBESTOS EXPOSURE AS THE RESULT OF A NATURAL OR OTHER DISASTER on page 392, line 5
Adds a sectionInserted: SEC. 503. ASBESTOS EXPOSURE AS THE RESULT OF A NATURAL OR OTHER DISASTER.
Inserted: (a) Medical Claims.--
Inserted: (1) In general.--A claimant may file an exceptional medical claim with the Fund under section 121 if --
Inserted: (A) such claimant has been exposed to asbestos from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
Inserted: (i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
Inserted: (I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
Inserted: (II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
Inserted: (ii) the clean up and remediation following a disaster described in clause (i); or
Inserted: (B) as a result of living with a person who has met the exposure requirements described in subparagraph (A).
Inserted: (2) Physician panel.--In reviewing medical evidence submitted by a claimant under paragraph (1), the Physicians Panel shall take into consideration the unique nature of such disasters and the potential for asbestos exposure resulting from such disasters.
Inserted: (b) Preservation of Actions.--Nothing in this Act shall be construed to limit or abrogate any pending or future civil action against the United States Government or any State or local government, or any agency or subdivision thereof, or any former or present officer or employee thereof, in either their official or individual capacities, seeking redress for exposure to asbestos--
Inserted: (1) from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
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Inserted: (A) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
Inserted: (i) the attack on the World Trade Center in New York, New York on September 11, 2001; and
Inserted: (ii) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
Inserted: (B) the clean up and remediation following a disaster described in subparagraph (A); or
Inserted: (2) as a result of living with a person who has met the exposure requirements described in paragraph (1).
Inserted: (c) Natural or Other Disaster Funds.--
Inserted: (1) In general.--Nothing in this Act shall be construed to limit or abrogate any existing fund, or preclude the formation of any future fund, for the payment of eligible medical expenses relating to treating asbestos-related disease for individuals exposed to asbestos--
Inserted: (A) from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
Inserted: (i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
Inserted: (I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
Inserted: (II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
Inserted: (ii) the clean up and remediation following a disaster described in clause (i); or
Inserted: (B) as a result of living with a person who has met the exposure requirements described in subparagraph (A).
Inserted: (2) Collateral source compensation exception.--The payment of any medical expense under paragraph (1) shall not be collateral source compensation as defined under section 134(a).
Inserted: (d) Definition of Person.--The term person as defined in section 3(13) shall not include the captive insurance company established and funded under title III of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; 117 Stat. 517).
Original wording
On page 392, after line 5, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2877. Mrs. CLINTON (for herself, Mr. Kerry, Mr. Lautenberg, and Mr. Menendez) 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, add the following:
SEC. 503. ASBESTOS EXPOSURE AS THE RESULT OF A NATURAL OR OTHER DISASTER.
(a) Medical Claims.--
(1) In general.--A claimant may file an exceptional medical claim with the Fund under section 121 if --
(A) such claimant has been exposed to asbestos from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
(i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
(I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
(II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
(ii) the clean up and remediation following a disaster described in clause (i); or
(B) as a result of living with a person who has met the exposure requirements described in subparagraph (A).
(2) Physician panel.--In reviewing medical evidence submitted by a claimant under paragraph (1), the Physicians Panel shall take into consideration the unique nature of such disasters and the potential for asbestos exposure resulting from such disasters.
(b) Preservation of Actions.--Nothing in this Act shall be construed to limit or abrogate any pending or future civil action against the United States Government or any State or local government, or any agency or subdivision thereof, or any former or present officer or employee thereof, in either their official or individual capacities, seeking redress for exposure to asbestos--
(1) from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
(A) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
(i) the attack on the World Trade Center in New York, New York on September 11, 2001; and
(ii) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
(B) the clean up and remediation following a disaster described in subparagraph (A); or
(2) as a result of living with a person who has met the exposure requirements described in paragraph (1).
(c) Natural or Other Disaster Funds.--
(1) In general.--Nothing in this Act shall be construed to limit or abrogate any existing fund, or preclude the formation of any future fund, for the payment of eligible medical expenses relating to treating asbestos-related disease for individuals exposed to asbestos--
(A) from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
(i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
(I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
(II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
(ii) the clean up and remediation following a disaster described in clause (i); or
(B) as a result of living with a person who has met the exposure requirements described in subparagraph (A).
(2) Collateral source compensation exception.--The payment of any medical expense under paragraph (1) shall not be collateral source compensation as defined under section 134(a).
(d) Definition of Person.--The term person as defined in section 3(13) shall not include the captive insurance company established and funded under title III of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; 117 Stat. 517).
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Senate amendment submitted
February 14, 2006