S.Amdt. 2848

SA 2848. Mr. THUNE (for himself, Mr. Coleman, and Mr. Graham) 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 144, between lines 6 and 7, insert the following:

(9) Safety equipment manufacturer defendant participant.--The term “safety equipment manufacturer defendant participant” means any defendant participant that--

(A) has continuously manufactured respiratory protection equipment in the United States on and after December 31, 1972; and

(B) based upon the portion of its prior asbestos expenditures attributable to asbestos claims relating to respiratory protection products being treated as total prior asbestos expenditures would result in that participant being assigned to the same tier to which that participant is assigned under section 202(d) based on its total prior asbestos expenditures.

On page 151, between lines 16 and 17, insert the following:

(7) Safety equipment manufacturer defendant participants.--

(A) In general.--A safety equipment manufacturer defendant participant that would be included in Tier II, III, IV, or V according to that defendant participant's prior asbestos expenditures shall instead be assigned to the immediately lower tier, such that--

(i) a safety equipment manufacturer defendant participant that would be assigned to Tier II shall instead be assigned to Tier III;

(ii) a safety equipment manufacturer defendant participant that would be assigned to Tier III shall instead be assigned to Tier IV;

(iii) a safety equipment manufacturer defendant participant that would be assigned to Tier IV shall instead be assigned to Tier V; and

(iv) a safety equipment manufacturer defendant participant that would be assigned to Tier V shall instead be assigned to Tier VI.

(B) Return to original tier.--

(i) Cessation of manufacturing.--The Administrator shall return a safety equipment manufacturer defendant participant to that participant's original tier, on a yearly basis, if the Administrator determines that the safety equipment manufacturer defendant has ceased manufacturing respiratory protection equipment in the United States.

(ii) Solvency of fund.--The Administrator may return all safety equipment manufacturer defendant participants to their original tiers, on a yearly basis, if the Administrator determines that the additional revenues that would be collected are needed to preserve the solvency of the Fund.