S.Amdt. 2857

SA 2857. Mr. DURBIN 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 183, between lines 17 and 18, insert the following:

(4) Certain consolidations prohibited.--Notwithstanding paragraphs (1) through (3), the following consolidations are prohibited:

(A) Any consolidation, including a consolidation involving intra-company or inter-company affiliates, that would lessen the amount that otherwise would be collected by the Administrator under Title II.

(B) Any consolidation, including a consolidation involving intra-company or inter-company affiliates, that would reduce the payment amount of any participating defendant in a consolidation that has greater liabilities than another participating defendant in the same consolidation.