[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3136 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3136

  To establish a trust fund for the purpose of making medical benefit 
      payments to current and former residents of Libby, Montana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2002

  Mr. Baucus introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To establish a trust fund for the purpose of making medical benefit 
      payments to current and former residents of Libby, Montana.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Libby Health Care Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the vermiculite ore mined and milled in Libby, Montana, 
        was contaminated by high levels of asbestos, particularly 
        tremolite asbestos;
            (2) the vermiculite mining and milling processes released 
        thousands of pounds of asbestos-contaminated dust into the air 
        around Libby, Montana, every day, exposing mine workers and 
        Libby residents to high levels of asbestos over a prolonged 
        period of time;
            (3) the Federal Government has known for over 50 years that 
        there are severe health risks associated with prolonged 
        exposure to asbestos, including higher incidences of asbestos 
        related disease such as asbestosis, lung cancer, and 
        mesothelioma;
            (4) the United States was aware of accumulating asbestos 
        pollution in Libby, Montana, as early as 1941, but failed to 
        take any corrective action for decades, and once corrective 
        action was taken, it was inadequate to protect workers and 
        residents and asbestos-contaminated vermiculite dust continued 
        to be released into the air in and around Libby, Montana, until 
        the early 1990s when the vermiculite mining and milling process 
        was finally halted;
            (5) the United States Environmental Protection Agency did 
        not respond to massive asbestos contamination in Libby, 
        Montana, until 1999, when the high rates of disease and death 
        associated with exposure to asbestos in Libby, Montana, made 
        national headlines;
            (6) current and former residents of Libby, Montana, and 
        former vermiculite mine workers from the Libby mine suffer from 
        asbestos related diseases at a rate 40 to 60 times the national 
        average, and they suffer from the rare and deadly asbestos-
        caused cancer, mesothelioma, at a rate 100 times the national 
        average;
            (7) the State of Montana and the town of Libby, Montana, 
        face an immediate and severe health care crisis because--
                    (A) many sick current and former residents and 
                workers who have been diagnosed with asbestos-related 
                exposure or disease cannot access private health 
                insurance;
                    (B) the costs to the community and State government 
                related to providing health coverage for uninsured sick 
                residents and former mine workers are creating 
                significant pressures on the State's medicaid program 
                and threaten the viability of other community 
                businesses;
                    (C) asbestos-related disease can have a long 
                latency period; and
                    (D) the only significant responsible party 
                available to compensate sick residents and workers has 
                filed for bankruptcy protection; and
            (8) the United States should recognize that it has a 
        responsibility to work in partnership with the State of 
        Montana, the town of Libby, Montana, and appropriate health 
        care organizations to address escalating health care costs 
        caused by decades of asbestos pollution in Libby, Montana.
    (b) Purpose.--The purpose of this Act is to provide a permanent 
source of funding for medical benefit payments to current and former 
residents of Libby, Montana, who suffer from asbestos related disease 
or illness.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Asbestos related disease or illness.--The term 
        ``asbestos related disease or illness'' means a malignant or 
        non-malignant respiratory disease or illness related to 
        tremolite asbestos exposure.
            (2) Eligible medical expense.--The term ``eligible medical 
        expense'' means an expense related to services for the 
        diagnosis or treatment of an asbestos-related disease or 
        illness, including expenses incurred for hospitalization, 
        prescription drugs, outpatient services, home oxygen, 
        respiratory therapy, nursing visits, or diagnostic evaluations.

SEC. 4. HEALTH CARE TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund, to be known as the ``Montana Asbestos 
Related Disease Health Care Trust Fund'' (in this Act referred to as 
the ``Trust Fund''), which shall be administered by the Secretary of 
the Treasury.
    (b) Use of Funds.--Amounts in the Trust Fund shall be available 
only for disbursement for medical benefit payments as provided under 
section 5 of this Act.
    (c) Corpus.--The Trust Fund shall consist of--
            (1) such amounts as may be appropriated to the Trust Fund 
        as provided in subsection (e);
            (2) such amounts as may be transferred to the Trust Fund 
        from payments to the United States as provided in subsection 
        (f); and
            (3) contributions from individuals, businesses, or non-
        profit organizations as provided in subsection (g).
    (d) Investment.--Amounts in the Trust Fund shall be invested in 
accordance with section 9702 of title 31, United States Code, and any 
interest on, and proceeds from, any such investment shall be credited 
to and become a part of the Trust Fund.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Trust Fund $20,000,000 for fiscal year 2003.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.
    (f) CERCLA Funds.--Notwithstanding any other provision of law, any 
payment received by the United States for recovery of costs associated 
with the United State's actions to address asbestos contamination in 
Libby, Montana, as authorized by the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.), shall first be used to repay the Treasury for any funds 
appropriated to the Trust Fund, and any remaining funds over and above 
the amount necessary to repay the Treasury shall be deposited in the 
Trust Fund.
    (g) Contributions.--
            (1) In general.--Any individual, business, or non-profit 
        organization may contribute funds to the Trust Fund and any 
        such funds shall be credited to and become a part of the Trust 
        Fund.
            (2) Tax deductions.--Any funds contributed to the Trust 
        Fund under paragraph (1) shall be considered a tax-deductible 
        contribution in accordance with section 170 of the Internal 
        Revenue Code of 1986.

SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.

    (a) Application.--
            (1) In general.--An individual who wishes to receive a 
        medical benefit payment under this Act shall file an 
        application with the Attorney General.
            (2) Documentation.--An application shall contain such 
        documentation as the Attorney General determines is necessary 
        to support a claim for a medical benefit payment.
            (3) Filing procedures.--The Attorney General, in 
        consultation with the chief executive officer of the State of 
        Montana and the Clinic Director of the Center for Asbestos 
        Related Disease in Libby, Montana, shall establish procedures 
        whereby individuals may file applications for medical benefit 
        payments under this Act.
    (b) Eligibility.--An individual is eligible for medical benefit 
payments under this Act if the individual--
            (1) has an asbestos-related disease or illness;
            (2) has an eligible medical expense; and
            (3) either--
                    (A) was a worker at the vermiculite mining and 
                milling facility in Libby, Montana; or
                    (B) lived, worked, or played in Libby, Montana, for 
                at least 6 consecutive months before December 31, 1990.
    (c) Payments.--
            (1) In general.--The Attorney General shall pay, from 
        amounts available in the Trust Fund, any claim for a medical 
        benefit payment made under this Act if the Attorney General 
        determines that the individual filing the application is 
        eligible for the payment under subsection (b).
            (2) Limitation.--No individual shall receive more than 
        $100,000 in aggregate payments from the Trust Fund.
            (3) Action on claims.--Not later than 6 months after the 
        date a application is filed under this Act, the Attorney 
        General shall make a determination on the claim.
    (d) No Limitation on Other Federal Benefits.--Nothing in this Act 
shall be construed as precluding any individual who receives medical 
benefits payments under this Act from also receiving other benefits, 
including benefits which the individual may be eligible to receive 
under title II, XVI, XVIII, XIX, or XXI of the Social Security Act.
    (e) Regulatory Authority.--The Attorney General may issue such 
regulations as are necessary to carry out this Act.
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