Asbestosis and Mesothelioma Benefits Act

Abestosis and Mesothelioma Benefits Act - Title I: General Sets forth the findings of Congress and defines the terms used in this Act.

Title II: Claims for Benefits Filed on or before December 31, 1974 - Authorizes the Secretary of Health, Education, and Welfare to, in accordance with provisions of this Title, and the regulations promulgated by him under this title, make payments of benefits in respect of total disability of any asbestos worker due to asbestosis or mesothelioma, and in respect of the death of any asbestos worker whose death was due to asbestosis or mesothelioma.

Establishes formulae for determining the payment of benefits.

Provides that benefit payments under this Act to an asbestos worker or his widow, child, parent, brother, or sister, shall be reduced, on a monthly or other appropriate basis, by an amount equal to any payment received by such worker or his widow, child, parent, brother, or sister, under the workmen's compensation, unemployment compensation, or disability insurance laws of his State on account of the disability of such worker, and the amount by which such payment would be reduced on account of excess earnings of such worker under the Social Security Act if the amount paid were a benefit payable under such Act.

States that benefits payable under this title shall be deemed not to be income for purposes of the Internal Revenue Code.

Establishes procedures and requirements for the filing of claims under this title.

Title III: Claims for Benefits After December 31, 1974 - Declares that on and after January 1, 1975, any claim for benefits for death or total disability due to asbetosis or mesothelioma shall be filed pursuant to the applicable State workmen's compensation law, except that during any period when asbestos workers or their surviving widows, children, parents, brothers, or sisters, as the case may be, are not covered by a State workmen's compensation law shich provides adequate coverage for asbetosis and mesothelioma they shall be entitled to claim benefits under this title.

Directs the Secretary of Labor, no later than October 1, 1973, publish in the Federal Register a list of State workmen's compensation laws which provide adequate coverage for asbestosis and mesothelioma and to revise and republish in the Federal Register such list from time to time, as may be appropriate to reflect changes in such State laws due to legislation or judicial or administrative interpretation.

States that the action of the Secretary in including or failing to include any State workmen's compensation law on such list shall be subject to judicial review exclusively in the United States court of appeals for the circuit in which the State is located or the United States Court of Appeals for the District of Columbia.

Requires that within one hundred and twenty days following the convening of each session of Congress the Secretary of Health, Education, and Welfare shall submit to the Congress an annual report upon the subject matter of title II of this Act, and, after January 1, 1975, the Secretary of Labor shall also submit such a report upon the subject matter of title III of this Act.

Provides that nothing in this Act shall relieve any employer of the duty to comply with any State workmen's compensation law, except insofar as such State law is in conflict with the provisions of this Act and the Secretary by regulation, so prescribes.

Provides that no employer shall discharge or in any other way discriminate against any asbestos worker employed by him by reason of the fact that such worker is suffering from asbestosis or mesothelioma.