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97TH CONGRESS 2D SESSION IN THE HOUSE OF REPRESENTATIVES Mrs. FENWlCK introduced the following bill; which was referred to the Committee on A BILL To provide equitable, comprehensive, and exclusive benefits in the case of persons whose disabilities or deaths are the result of asbestos-related diseases associated with =heir employment, and for other purposes. 1 Be i£ enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, T!05390374

FEDERAL u£C ~ 11981 HOUSE OF REPRESENTATIVES WASHINGTON, D.C. The attached material is sent at your request. I do hope that it will prove useful to you. If I may be of any further help to you, please feel free to get in touch with me. With all good wishes, 5th District New Jersey T105390375

FF.~WI C028 2 I SHORT TITLE 2 SECTION i. This Act may be cited as the ''Asbestos 3 H~alth Hazards Compensation Act'' 4 TITLE 1--GENERAL PROVISIONS 5 FINDINGS AND PURPOSE 6 SEC. i01. (a) The Congress finds and declares that-- 7 (i) there is a significant number of persons who 8 suffer disability or death from employment-relaTed 9 diseases caused by the inhalation or ingestion of i0 asbestos, or the inhalation of asbestos coupled with the ii inhalation of cigarette tobacco smoke, or both; 12 (2) members of households of persons who are 13 occupationally exposed to asbestos may suffer from 14 asbestos-rel~ted diseases; 15 (3) lung cancer at rates dramatically and 16 substantially above the general average occurs in 17 persons who inhale asbescos coupled with the inhalation 18 of cigarette tobacco smoke; 19 (4) there is a substantial number of surviving 20 dependents of affected persons whose deaths were due to 21 such diseases; 22 (5) the diseases arising out of occupational 23 situations and caused by the inhalation of asbestos or 24 the inhalation of asbestos coupled with the inhalation 25 of cigarette tobacco smoke, or both, constitute a T105390376

FE,NrwIC028 3 I substantial burden upon interstate commerce and have an 2 adverse effect upon the general welfare; 3 (6) few States provide adequate benefits for death 4 or disability due to such diseases to affected persons 5 or their surviving dependents; 6 (7) the full scope of the diseases causally related 7 to asbestos, or cigarette tobacco smoke, or both, were 8 Unknown to industry, labor, government, or medical 9 science until recently; and i0 (8) the responsibility, exists to equitably and il comprehensively deal with the human burdens caused by 12 such health hazards without regard to fault. 13 (b) It is the purpose of this Act, through the exercise 14 of the power of the Congress to regulate commerce among the 15 several States and with foreign naeions and to provide for 16 the general welfare, to provide a schedule of equitable, 17 comprehensive, and exclusive benefits to affected persons 18 who become disabled as a result of an asbestos-related 19 disease and to the dependents of affected persons who die 20 from any such disease. 21 DEFINITIONS 22 SEC. 102. For purposes of this Act: 23 (i) The term ''asbestos'' includes chrysotile, 24 amosite, and crocidolite, and, whenever they occur in 25 fibrous habit, tremolite, anthophyllite, and actinolite. T105390377

1 2 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 (2) The term ''affected person'' means a person whose occupation involves exposure to asbestos or any person who is a member of such person's household. (3) The term '"asbestos-related disease'' means-- (A) asbestosis; (B) bronchogenic cancer; (C) mesothelioma of ~he pleura or peritoneum, or both; (D) gastrointestinal cancer; and (E) any other disease which the Secretary concludes is causally related to exposure to asbestos, and adds (by regulation) to the list established in this paragraph; except that (i) the diseases specified in subparagraphs (B), (C), and (D), and any disease added by the Secretary under subparagraph (E), shall be considered asbestos-related only in cases in which they are causally related to exposure to asbestos or asbestos coupled with the inhalation of cigarette tobacco smoke, or both, and meet criteria set forth in this Act or as may be provided by regulation under this Act; and (ii) in promulgating any regulation adding to, altering, or amending the list of asbestos-related diseases as defined in this paragraph, the Secretary shall comply with the rulemaking requirements of section 553 of title T105390378

5 1 2 3 4 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5, United States Code, and the hearing requirements of sections 556 and 557 of title 5, United States Code. (4) The term ''dependent'' shall have the following meanings: (A) A wife who is a member of the same household as the affected person, or is receiving regular contributions from The affected person for her support, or whose husband is an affected person who has been ordered by a court to contribute to her support, or who meets the requirements of section 216(b)(i) or (2) of the Social Security Act. The determination of an individual's status as the wife of an affected person shall be made in accordance with section 216(h)(i) of the Social Securisy Act as. if such person were the insured individual referred to in such paragraph. The Term ''wife'' also includes a divorced wife, as defined in section 216(d)(i) of the Social Security AcT, who is receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the affected person, or is receiving substantial contributions from the affected person (pursuant to a written agreement), or with respect to whom there is in effect a court order for substantial contributions %o her support T!05390379

FErrIC028 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from the affected person. (B) A widow, which term includes a wife living with or dependent for support on the affected person at the time of his death, or living apart for reasonable cause or because of his desertion, or w~o meets the requirements of paragraph (I), (2), (3), (4), or (5) of section 216(c), and section 216(k), of the Social Security Act, who is not married. The determination of an individual's status as the widow of an affected person shall be made in accordance with paragraph (i) of section 216(h) of the Social Security Act as if such affected person were the insured individual referred to in such paragraph. Such term also includes a surviving divorced wife, as defined in section 216(d)(2) of the Social Security Act, who, for the month preceding the month in which the affected person died, was entitled to or was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the affecEed person, or was receiving substantial contributions from the affected person (pursuant to a written agreement), or with respect to whom there was in effect a court order for substantial contributions ~o her support from the affected person at the time T105390380

FENWIC028 - 1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 7 of his death. (C) A child, which term means a natural or adopted child or a stepchild who is unmarried and-- (i) under 18 years of age, or under a disability, as defined in pgragraph (7), which began before the age of 22 or, in the case of a student, before he ceased to be a student; or (ii) a student. The term ''student'' meNns a full-time student as defined in section 202(d)67) of the Social Security Act, or a student as defined in section 8101(17) of title 5, United States Code. The determination of an individual's status as the child of an affected person or widow, as the case may be, shall be made in accordance with paragraph (2) or (3) of section 216(h) of the Social Security Act as if such affected person or widow were the insured individual referred to in either such paragraph. (D) A parent, brother, or sister, which terms mean such persons who bear the relationship to an affected person consistent with such legal standards as are applicable to the determination of relationships under title II of the Social Security Act, and who are dependent on the affected person for support. T!05390381

FE~WICO2S 1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 (5) The term ''Secretary'' means the Secretary of Labor. (6) The term ''permanent total disability'' has the meaning given it by regulation of the Secretary. Such regulation shall provide that an affected person shall be considered totally disabled when by reason of an asbestos-related disease his prior level of earnings has decreased by 60 percent. For purposes of this paragraph, an affected person's level of earnings shall be his highest annual income within the 10-year period preceding his application for benefits under this Act. The level of earnings of an affected person who has not been employed within such period shall be measured by his earning capacity. (7) The term ''permanent partial disability'' means a condition that results in less than total disability as defined in this Act and that exi.sts after the affected person is restored to health as far as the permanent character of the disease will permit. (8) The term ''temporary total disability'' means a condition that results in total disability as defined in this Act and that exists until the affected person is restored to health as far as ~he permanent character of ~he disease will permit. (9) The term ''temporary partial disability'' means TI05390382

. FL~IC028 9 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a condition that results in less than total disability as defined in nhis Act and that exists until the affected person is restored to health as far as the permanent character of the disease will permit. (i0) The term ''responsible party'' means a corporation, partnership, individual, joint enterprise or any other entity engaged in-- (A) the manufacture and first sale of any product or substance containing asbestos; (8) the import for sale or distribution of any product or subsotance containing asbestos; or (C) the manufacture and first sale or import for sale or distribution of cigarettes or cigarette tobacco; except that such term shall not include carriers for hire who transport products or substances which contain asbestos or cigarettes or cigarette tobacco. (II)(A) Responsible parties, as defined in paragraph (i0), shall be classified as follows: (i) Class I: A corporation, partnership, individual, joint enterprise, or other entity engaged in the manufacture and first sale or the import for first sale {or 5oth) of any pro4uct or substance which contains asbestos and which during handling, use, application, or installation creates TI05390383