S.Amdt. 2745
What it does: 6 changes: inserts text in 5 places, replaces text
Sen. Hillary Rodham Clinton (D-NY)What it changes
6 changes to S. 852
Change 1: Inserts “, or the captive insurance company established and funded under title III of division K o…” before the period
Inserted: , or the captive insurance company established and funded under title III of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; 117 Stat. 517)
Original wording
On page 15, line 23, insert “, or the captive insurance company established and funded under title III of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; 117 Stat. 517)” before the period.
Change 2: Inserts new text on page 125, between lines 22 and 23
InsertsPrinted pageInserted: (11) Asbestos exposure as the result of a natural or other disaster.--A claimant may file an exceptional medical claim with the Fund if --
Inserted: (A) such claimant has been exposed to asbestos from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
Inserted: (i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
Inserted: (I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
Inserted: (II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
Inserted: (ii) the clean up and remediation following such a disaster; or
Inserted: (B) such claimant has been exposed to asbestos as a result of living with a person who has met the exposure requirements described in subparagraph (A).
Original wording
On page 125, between lines 22 and 23, insert the following:
Change 3: Inserts “(1) In general.--” before “Except”
…[inserted: (1) In general.-- ]Except…
Original wording
On page 365, line 12, insert “(1) In general.--” before “Except”.
Change 4: Inserts new text on page 365, between lines 17 and 18
InsertsPrinted pageInserted: (2) Actions preserved.--Nothing in this Act shall be construed to limit or abrogate any pending or future civil action against the United States Government or any State or local government, or any agency or subdivision thereof, or any former or present officer or employee thereof, in either their official or individual capacities, seeking redress for exposure to asbestos--
Inserted: (A) from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
Inserted: (i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
Inserted: (I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
Inserted: (II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
Inserted: (ii) the clean up and remediation following such a disaster; or
Inserted: (B) as a result of living with a person who has met the exposure requirements described in subparagraph (A).
Original wording
On page 365, between lines 17 and 18, insert the following:
Change 5: Inserts new text on page 366, between lines 11 and 12
InsertsPrinted pageInserted: (b) Natural Disaster Claimants.--
Inserted: (1) In general.--Nothing in this Act shall be construed to limit or abrogate any existing fund, or preclude the formation of any future fund, for the payment of eligible medical expenses relating to treating asbestos-related disease for individuals exposed to asbestos--
Inserted: (A) from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
Inserted: (i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
Inserted: (I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
Inserted: (II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
Inserted: (ii) the clean up and remediation following such a disaster; or
Inserted: (B) as a result of living with a person who has met the exposure requirements described in subparagraph (A).
Inserted: (2) Collateral source compensation exception.--The payment of any medical expense under paragraph (1) shall not be collateral source compensation as defined under section 134(a).
Original wording
On page 366, between lines 11 and 12, insert the following:
Change 6: Replaces “(b)” with “(c)”
[struck: (b)][inserted: (c)]Original wording
On page 366, line 12, strike “(b)” and insert “(c)”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2745. Mrs. CLINTON (for herself, Mr. Kerry, Mr. Lautenberg, and Mr. Menendez) submitted an amendment intended to be proposed by her 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 15, line 23, insert “, or the captive insurance company established and funded under title III of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; 117 Stat. 517)” before the period.
On page 125, between lines 22 and 23, insert the following:
(11) Asbestos exposure as the result of a natural or other disaster.--A claimant may file an exceptional medical claim with the Fund if --
(A) such claimant has been exposed to asbestos from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
(i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
(I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
(II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
(ii) the clean up and remediation following such a disaster; or
(B) such claimant has been exposed to asbestos as a result of living with a person who has met the exposure requirements described in subparagraph (A).
On page 365, line 12, insert “(1) In general.--” before “Except”.
On page 365, between lines 17 and 18, insert the following:
(2) Actions preserved.--Nothing in this Act shall be construed to limit or abrogate any pending or future civil action against the United States Government or any State or local government, or any agency or subdivision thereof, or any former or present officer or employee thereof, in either their official or individual capacities, seeking redress for exposure to asbestos--
(A) from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
(i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
(I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
(II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
(ii) the clean up and remediation following such a disaster; or
(B) as a result of living with a person who has met the exposure requirements described in subparagraph (A).
On page 366, between lines 11 and 12, insert the following:
(b) Natural Disaster Claimants.--
(1) In general.--Nothing in this Act shall be construed to limit or abrogate any existing fund, or preclude the formation of any future fund, for the payment of eligible medical expenses relating to treating asbestos-related disease for individuals exposed to asbestos--
(A) from any area that is subject to a declaration by the President of a major disaster, as defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as the result of--
(i) a natural or other disaster, occurring before, on, or after the date of enactment of this Act, including--
(I) the attack on the World Trade Center in New York, New York on September 11, 2001; and
(II) Hurricane Katrina of 2005 in the Gulf Region of the United States; or
(ii) the clean up and remediation following such a disaster; or
(B) as a result of living with a person who has met the exposure requirements described in subparagraph (A).
(2) Collateral source compensation exception.--The payment of any medical expense under paragraph (1) shall not be collateral source compensation as defined under section 134(a).
On page 366, line 12, strike “(b)” and insert “(c)”.
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Senate amendment submitted
February 9, 2006