[Congressional Record Volume 152, Number 16 (Friday, February 10, 2006)]
[Senate]
[Pages S1074-S1075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2759. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself 
and Mr. Leahy)) 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 376, line 2, strike all through the matter before 
     line 1 on page 385.
       On page 370, lines 9 through 11, strike ``and the 
     regulations banning asbestos promulgated under section 501 of 
     this Act),''.
                                 ______
                                 
  SA 2760. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself 
and Mr. Leahy)) 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 385, line 1, strike all through page 392, line 5.
                                 ______
                                 
  SA 2761. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself 
and Mr. Leahy)) 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 376, line 2, strike all through the matter before 
     line 1 on page 385.
       On page 370, lines 9 through 11, strike ``and the 
     regulations banning asbestos promulgated under section 501 of 
     this Act),''.
                                 ______
                                 
  SA 2762. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself 
and Mr. Leahy)) 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 376, line 1, strike all through page 392, line 5.
       On page 370, lines 9 through 11, strike ``and the 
     regulations banning asbestos promulgated under section 501 of 
     this Act),''.
                                 ______
                                 
  SA 2763. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself 
and Mr. Leahy)) 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 368, line 23, strike all through page 370, line 24 
     and insert the following:
       (e) Contributions to the Asbestos Trust Fund by OSHA 
     Asbestos Violators.--
       (1) In general.--The Administrator shall assess employers 
     or other individuals determined to have violated asbestos 
     statutes, standards, or regulations administered by the 
     Department of Labor and State agencies that are counterparts, 
     for contributions to the Asbestos Injury Claims Resolution 
     Fund.
       (2) Identification of violators.--Each year, the 
     Administrator shall in consultation with the Assistant 
     Secretary of Labor for Occupational Safety and Health, 
     identify all employers that, during the previous year, were 
     subject to final orders finding that they violated standards 
     issued by the Occupational Safety and Health Administration 
     for control of occupational exposure to asbestos (29 C.F.R. 
     1910.1001, 1915.1001, and 1926.1101) or the equivalent 
     asbestos standards issued by any State under section 18 of 
     the Occupational Safety and Health Act (29 U.S.C. 668).
       (3) Assessment for contribution.--The Administrator shall 
     assess each such identified employer or other individual 
     under paragraph (2) for a contribution to the Fund for that 
     year in an amount equal to--
       (A) 2 times the amount of total penalties assessed for the 
     first violation of occupational health statutes, standards, 
     or regulations;
       (B) 4 times the amount of total penalties for a second 
     violation of such statutes, standards, or regulations; and
       (C) 6 times the amount of total penalties for any 
     violations thereafter.
                                 ______
                                 
  SA 2764. Mr. INHOFE submitted an amendment intended to be proposed to

[[Page S1075]]

amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself 
and Mr. Leahy)) 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 370, lines 9 through 11, strike ``and the 
     regulations banning asbestos promulgated under section 501 of 
     this Act),''.
       On page 368, line 23, strike all through page 370, line 24 
     and insert the following:
       (e) Contributions to the Asbestos Trust Fund by OSHA 
     Asbestos Violators.--
       (1) In general.--The Administrator shall assess employers 
     or other individuals determined to have violated asbestos 
     statutes, standards, or regulations administered by the 
     Department of Labor and State agencies that are counterparts, 
     for contributions to the Asbestos Injury Claims Resolution 
     Fund.
       (2) Identification of violators.--Each year, the 
     Administrator shall in consultation with the Assistant 
     Secretary of Labor for Occupational Safety and Health, 
     identify all employers that, during the previous year, were 
     subject to final orders finding that they violated standards 
     issued by the Occupational Safety and Health Administration 
     for control of occupational exposure to asbestos (29 C.F.R. 
     1910.1001, 1915.1001, and 1926.1101) or the equivalent 
     asbestos standards issued by any State under section 18 of 
     the Occupational Safety and Health Act (29 U.S.C. 668).
       (3) Assessment for contribution.--The Administrator shall 
     assess each such identified employer or other individual 
     under paragraph (2) for a contribution to the Fund for that 
     year in an amount equal to--
       (A) 2 times the amount of total penalties assessed for the 
     first violation of occupational health statutes, standards, 
     or regulations;
       (B) 4 times the amount of total penalties for a second 
     violation of such statutes, standards, or regulations; and
       (C) 6 times the amount of total penalties for any 
     violations thereafter.
       On page 376, line 2, strike all through the matter before 
     line 1 on page 385.
       On page 385, line 1, strike all through page 392, line 5.
                                 ______
                                 
  SA 2765. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for 
himself and Mr. Leahy)) 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 363, between lines 18 and 19, insert the following:
       (4) Medical criteria for claims.--
       (A) In general.--Except as provided under subparagraph (B), 
     the medical criteria under section 121(d) shall apply to any 
     civil action described under paragraph (1).
       (B) Nonpreemption of certain state criteria.--If any 
     medical criterion under State law of the State in which a 
     civil action described under paragragh (1) is filed has a 
     greater requirement than any medical criterion of the medical 
     criteria under section 121(d), the medical criterion of that 
     State shall apply.
       On page 363, line 19, strike ``(4)'' and insert ``(5)''.
       On page 364, line 15, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 2766. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for 
himself and Mr. Leahy)) 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 365, insert between lines 118 and 19, 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 for claims.--
       (i) In general.--Except as provided under clause (ii), the 
     medical criteria under section 121(d) shall apply to any 
     civil action described under paragraph (1).
       (ii) Nonpreemption of certain state criteria.--If any 
     medical criterion under State law of the State in which a 
     civil action described under paragragh (1) is filed has a 
     greater requirement than any medical criterion of the medical 
     criteria under section 121(d), the medical criterion of that 
     State shall apply.
       On page 363, line 19, strike ``(4)'' and insert ``(5)''.
       On page 364, line 15, strike ``(5)'' and insert ``(6)''.

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