[Congressional Record Volume 152, Number 14 (Wednesday, February 8, 2006)]
[Senate]
[Pages S869-S870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2739. Mr. SESSIONS submitted an amendment intended to be proposed 
by him 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 364, insert before line 1, the following:
       (4) Limitations on attorney's fees and application of 
     medical criteria.--
       (A) Attorney's fees.--
       (i) Definition.--In this subparagraph, the term 
     ``reasonable fees and expenses of attorneys'' means fees and 
     expenses that are based on prevailing market rates for the 
     kind and quality of the services furnished, except that--

       (I) no expert witness shall be compensated at a rate in 
     excess of the highest rate of compensation for expert 
     witnesses paid by the United States Government; and
       (II) attorney's fees shall not be awarded in excess of a 
     reasonable fee, unless the court determines that an increase 
     in the cost of living or a special factor, such as the 
     limited availability of qualified attorneys, for the 
     proceedings involved justifies a higher fee.

       (ii) Limitation.--In any civil action described under 
     paragraph (1)--

       (I) the limitations on attorney's fees under section 104(e) 
     shall apply; or
       (II) a court may award reasonable fees and expenses of 
     attorneys.

       (B) Medical criteria.--In any civil action described under 
     paragraph (1), the medical criteria under section 121(d) 
     shall apply.

       On page 364, line 1, strike ``(4)'' and insert ``(5)''.
       On page 364, line 22, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 2740. Mr. SESSIONS submitted an amendment intended to be proposed 
by him 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 364, before line 1, insert the following:
       (4) Medical criteria for claims.--The medical criteria 
     under section 121(d) shall apply to any civil action 
     described under paragraph (1).
       On page 364, line 1, strike ``(4)'' and insert ``(5)''.
       On page 364, line 22, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 2741. Mr. SESSIONS submitted an amendment intended to be proposed 
by him 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 364, insert before line 1, the following:
       (4) Limitations on attorney's fees.--
       (A) Limitation.--In any civil action described under 
     paragraph (1)--
       (i) the limitations on attorney's fees under section 104(e) 
     shall apply; or
       (ii) a court may award reasonable fees and expenses of 
     attorneys.
       (B) Definition.--In this paragraph, the term ``reasonable 
     fees and expenses of attorneys'' means fees and expenses that 
     are based on prevailing market rates for the kind and quality 
     of the services furnished, except that--
       (i) no expert witness shall be compensated at a rate in 
     excess of the highest rate of compensation for expert 
     witnesses paid by the United States Government; and
       (ii) attorney's fees shall not be awarded in excess of a 
     reasonable fee, unless the court determines that an increase 
     in the cost of living or a special factor, such as the 
     limited availability of qualified attorneys, for the 
     proceedings involved justifies a higher fee.
       On page 364, line 1, strike ``(4)'' and insert ``(5)''.
       On page 364, line 22, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 2742. Mr. SESSIONS submitted an amendment intended to be proposed 
by him 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 315, line 22, strike ``monetary''.
                                 ______
                                 
  SA 2743. Mr. SESSIONS submitted an amendment intended to be proposed 
by him 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:


[[Page S870]]


       On page 386, line 6, strike all through page 393, line 3.
                                 ______
                                 
  SA 2744. Mr. SESSIONS submitted an amendment intended to be proposed 
by him 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 366, between lines 15 and 16, insert the following:
       (c) Application of the Longshore and Harbor Workers' 
     Compensation Act.--Employers and their insurers who pay 
     compensation or medical benefits or who are potentially 
     liable to their employees and other beneficiaries for 
     compensation or medical benefits under the Longshore and 
     Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) 
     shall be entitled to--
       (1) a lien for compensation and medical benefits paid; or
       (2) credit, recovery, or release, as such remedies are 
     available under section 33 of the Longshore and Harbor 
     Workers' Compensation Act (33 U.S.C. 933), except that such 
     employers and insurers may not bring actions for such 
     remedies against third parties as is prohibited under 
     subsections (b) and (h) of section 33 of that Act.

                          ____________________