Editor:

Asbestos was used widely by the military during and after World War II and many veterans were exposed to this deadly substance. The symptoms of asbestos related diseases don't show up for years after exposure. Today veterans continue to be diagnosed with diseases as a result of exposure 40 or 50 years ago.

Veterans with asbestos-related illnesses are in a unique situation because they have virtually no avenue for compensation under the current system. Sick veterans are prevented by law from seeking compensation from the U.S. government through the courts. Because most of the companies that supplied the U.S. military with asbestos are long gone, seeking relief from the suppliers is not an option. For those who have served our nation, clearly the most important outcome is a system that provides timely, fair and certain compensation. Legislation that is currently in Congress may hold the answer. The Fairness in Asbestos Injury Resolution Act, S. 852, would replace the current system with a no-fault asbestos victims' compensation fund. If enacted, businesses and insurance companies will pay into the fund and veterans would keep their current benefits.

This legislation will do far more than just help veterans, however. The current system, rampant with fraud and abuse, drains our economy and fails both victims and businesses. Of the $70 billion that has been spent on asbestos litigation, only 43 cents of every dollar has gone to the actual victims. The trust will instead ensure true victims receive fair and certain compensation.

The FAIR Act will also help New Mexico's small businesses, which continue to be affected by the asbestos litigation crisis. For example, small businesses are being targeted for litigation whose only link to asbestos was taking down asbestos containing structures in order to make way for newer buildings. Small businesses would be exempt from making any payments into the fund, and would receive immunity from asbestos claims.

The FAIR Act is vitally important to veterans, other victims of asbestos exposure and New Mexico's small businesses. I want to thank members of our New Mexico congressional delegation for supporting this important legislation and urge other members of congress to join in the bi-partisan effort to quickly pass S. 852, The FAIR Act.

John Garcia

Santa Fe

Secretary,

NM Dept. of Vet Services