S.Amdt. 2815
What it does: 3 changes: inserts text in 2 places, replaces text
Sen. Edward M. Kennedy (D-MA)What it changes
3 changes to S.Amdt. 2746 · 1 shown in S.Amdt. 2746's text
Change 1: Inserts “or (3)” after “section 403(d)(2)”
InsertsPage 52, line 16In S.Amdt. 2746 as proposed
(f) Stay of Claims; Return to Tort System.--
(1) Stay of claims.--Notwithstanding any other provision of this Act, any asbestos claim pending on the date of enactment of this Act, other than a claim to which section 403(d)(2) [inserted: or (3) ]applies or as otherwise provided in section 402(f), stayed.
(2) Terminal health claims.--
Original wording
On page 52, line 16, insert “or (3)” after “section 403(d)(2)”.
Change 2: Replaces “paragraph (2),” with “paragraphs (2) and (3),”
ReplacesPage 321, line 14[struck: paragraph (2),][inserted: paragraphs (2) and (3),]Original wording
On page 321, line 14, strike “paragraph (2),” and insert “paragraphs (2) and (3),”.
Change 3: Inserts new text on page 322, between lines 14 and 15
InsertsInserted: (3) Asbestos claims by certain lung cancer victims.--This Act shall not apply to any asbestos claim brought by a person with lung cancer who had substantial exposure to asbestos but is not eligible for compensation from the Fund. Notwithstanding any other provision of this Act, a civil action for such asbestos claims may be pursued in Federal or State court alleging that asbestos exposure was a cause of the lung cancer.
Original wording
On page 322, between lines 14 and 15, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2815. Mr. KENNEDY 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 52, line 16, insert “or (3)” after “section 403(d)(2)”.
On page 321, line 14, strike “paragraph (2),” and insert “paragraphs (2) and (3),”.
On page 322, between lines 14 and 15, insert the following:
(3) Asbestos claims by certain lung cancer victims.--This Act shall not apply to any asbestos claim brought by a person with lung cancer who had substantial exposure to asbestos but is not eligible for compensation from the Fund. Notwithstanding any other provision of this Act, a civil action for such asbestos claims may be pursued in Federal or State court alleging that asbestos exposure was a cause of the lung cancer.
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Senate amendment submitted
February 14, 2006