S.Amdt. 2869Senate109th Congress (2005-2007)2nd degree

S.Amdt. 2869

What it does: 54 changes: inserts text in 15 places, replaces text in 28 places, strikes text in 11 places

What it changes

54 changes to S.Amdt. 2746 · 6 shown in S.Amdt. 2746's text

Inserts text in 15 placesReplaces text in 28 placesStrikes text in 11 places

We couldn't read part of this amendment. That part is shown as written below.

Change 1: Inserts “(i)” before “who”
InsertsPage 344, line 16
…[inserted: (i) ]who…
Original wording
On page 344, line 16, insert “(i)” before “who”.
Change 2: Replaces “calendar” with “fiscal”
ReplacesPage 344, line 17
~~[struck: calendar]~~[inserted: fiscal]
Original wording
On page 344, line 17, strike “calendar” and insert “fiscal”.
Change 3: Inserts “and (ii)” before “who have received”
InsertsPage 344, line 19
…[inserted: and (ii) ]who have received…
Original wording
On page 344, line 19, insert “and (ii)” before “who have received”.
Change 4: Rewrites page 347, line 13 through “Administrator,” on line 15
Replaces
Removes page 347, line 13 through “Administrator,” on line 15.
Inserted: (c) Certification.--The Administrator shall certify in the annual report required under subsection (a)--
Inserted: (1) that
Original wording
On page 347, strike line 13 and all that follows through “Administrator,” on line 15, and insert the following:
Change 5: Replaces “(1)” with “(A)”
ReplacesPage 347, line 18
~~[struck: (1)]~~[inserted: (A)]
Original wording
On page 347, line 18, strike “(1)” and insert “(A)”.
Change 6: Replaces “(2)” with “(B)”
ReplacesPage 347, line 22
~~[struck: (2)]~~[inserted: (B)]
Original wording
On page 347, line 22, strike “(2)” and insert “(B)”.
Change 7: Replaces the period on page 347, line 24 with “; and”
Replaces
…~~[struck: .]~~[inserted: ; and]
Original wording
On page 347, line 24, strike the period and insert “; and”.
Change 8: Inserts new text on page 347, line 24
Inserts
Inserted: (2) that--
Inserted: (A) 100 percent of the asbestos claimants who filed claims during the prior fiscal year, and who were determined to be eligible to receive compensation under this Act, received the compensation to which they are entitled during that fiscal year; and
Inserted: (B) 100 percent of the total obligations due to be paid to eligible claimants in the prior fiscal year have been paid.
Original wording
On page 347, after line 24, insert the following:
Change 9: Strikes page 350, line 4 through page 351, line 21
Strikes
Removes page 350, line 4 through page 351, line 21.
Original wording
On page 350, strike line 4 and all that follows through page 351, line 21.
Change 10: Inserts “Initial” before “Analysis”
InsertsPage 351, line 24
…[inserted: Initial ]Analysis…
Original wording
On page 351, line 24, insert “Initial” before “Analysis”.
Change 11: Replaces “when” with “the date on which”
ReplacesPage 352, line 5
~~[struck: when]~~[inserted: the date on which]
Original wording
On page 352, line 5, strike “when” and insert “the date on which”.
Change 12: Inserts “in full” after “claims”
InsertsPage 352, line 6
…claims[inserted: in full]…
Original wording
On page 352, line 6, insert “in full” after “claims”.
Change 13: Inserts new text on page 352, line 10
Inserts
Original wording
On page 352, line 10, insert a period
Change 14: Strikes “and the public.” through “Fund”
StrikesPage 352, lines 10–15
Struck: and the public. … Fund
Original wording
On page 352, lines 10 and 11, strike “and the public.” and all that follows through “Fund” on line 15.
Change 15: Replaces the semicolon on page 353, line 6 with “; or”
Replaces
…~~[struck: ;]~~[inserted: ; or]
Original wording
On page 353, line 6, strike the semicolon and insert “; or”.
Change 16: Strikes “reform” through line 13
StrikesPage 353, lines 7–13
Struck: reform …
Original wording
On page 353, line 7, strike “reform” and all that follows through line 13.
Change 17: Replaces “changes” with “increases”
ReplacesPage 353, line 14
~~[struck: changes]~~[inserted: increases]
Original wording
On page 353, line 14, strike “changes” and insert “increases”.
Change 18: Replaces “, or changes in award values)” with “in order to keep the Fund operational”
ReplacesPage 353, lines 16–17
In S.Amdt. 2746 as proposed
(i) termination of the program set forth in titles I and II of this Act in its entirety;
(ii) reform of the program set forth in titles I and II of this Act (including changes in the diagnostic, exposure, or medical criteria, changes in the enforcement or application of those criteria, enhancement of enforcement authority, changes in the timing of payments, changes in contributions by defendant participants, insurer participants (or both such participants)~~[struck: , or changes in award values)]~~[inserted: in order to keep the Fund operational]; or
(iii) any measure that the Administrator considers appropriate.
Original wording
On page 353, lines 16 and 17, strike “, or changes in award values)” and insert “in order to keep the Fund operational”.
Change 19: Replaces “; or” with new text
ReplacesPage 353, line 17
Struck: ; or
Original wording
On page 353, line 17, strike “; or” and insert a period.
Change 20: Strikes page 353, lines 18–19
Strikes
Removes page 353, lines 18–19.
Original wording
On page 353, strike lines 18 through 19.
Change 21: Strikes “except” through “212(a)(3)(C).”
StrikesPage 354, lines 6–15
Struck: except … 212(a)(3)(C).
Original wording
On page 354, line 6, strike “except” through “212(a)(3)(C).” on line 15.
Change 22: Inserts “and” after “fraud,”
InsertsPage 355, line 7
…fraud,[inserted: and]…
Original wording
On page 355, line 7, insert “and” after “fraud,”.
Change 23: Strikes page 355, lines 11–14
Strikes
Removes page 355, lines 11–14.
Original wording
On page 355, strike lines 11 through 14.
Change 24: Replaces “(D)” with “(C)”
ReplacesPage 355, line 15
~~[struck: (D)]~~[inserted: (C)]
Original wording
On page 355, line 15, strike “(D)” and insert “(C)”.
Change 25: Replaces “(E)” with “(D)”
ReplacesPage 355, line 18
~~[struck: (E)]~~[inserted: (D)]
Original wording
On page 355, line 18, strike “(E)” and insert “(D)”.
Change 26: Replaces “(F)” with “(E)”
ReplacesPage 355, line 20
~~[struck: (F)]~~[inserted: (E)]
Original wording
On page 355, line 20, strike “(F)” and insert “(E)”.
Change 27: Rewrites page 355, line 22 through page 356, line 4
Replaces
Removes page 355, line 22 through page 356, line 4.
Inserted: (3) Termination plan.--
Inserted: (A) In general.--Any recommendation of termination shall include a plan for terminating the affairs of the Fund (and the program generally) within a defined period.
Inserted: (B) Plan requirements.--The termination plan shall--
Inserted: (i) specify the date on which the Fund will no longer be able to timely process and pay all eligible claims that are filed with the Fund while satisfying the other financial obligations of the Fund; and
Inserted: (ii) provide for paying in full all such eligible claims and all claims resolved before that date.
Original wording
On page 355, strike line 22 and all that follows through page 356, line 4, and insert the following:
Change 28: Inserts new text on page 356, between lines 4 and 5
Inserts
Inserted: (4) Periodic reviews.--The Administrator shall provide updates on any shortfall analysis to Congress every 6 months, or at such shorter intervals as the Administrator determines appropriate.
Original wording
On page 356, between lines 4 and 5, insert the following:
Change 29: Replaces “(4)” with “(5)”
ReplacesPage 356, line 5
~~[struck: (4)]~~[inserted: (5)]
Original wording
On page 356, line 5, strike “(4)” and insert “(5)”.
Change 30: Strikes “titles I (except subtitle A) and II and”
StrikesPage 356, line 14
In S.Amdt. 2746 as proposed
(1) In general.--
(A) Termination.--Subject to paragraph (4), ~~[struck: titles I (except subtitle A) and II and ]~~sections 403 and 404(e)(2) shall terminate as provided under paragraph (2), if--
(i) the Administrator has begun the processing of claims; and
Original wording
On page 356, line 14, strike “titles I (except subtitle A) and II and”.
Change 31: Replaces “403 and 404(e)(2)” with “113, 403, 404, and 406”
ReplacesPage 356, line 15
In S.Amdt. 2746 as proposed
(1) In general.--
(A) Termination.--Subject to paragraph (4), titles I (except subtitle A) and II and sections [inserted: 113, ]403~~[struck: ]~~[inserted: , 404, ]and ~~[struck: 404(e)(2)]~~[inserted: 406] shall terminate as provided under paragraph (2), if--
(i) the Administrator has begun the processing of claims; and
Original wording
On page 356, line 15, strike “403 and 404(e)(2)” and insert “113, 403, 404, and 406”.
Change 32: Inserts “(I)” after “(ii)”
InsertsPage 356, line 19
…(ii)[inserted: (I)]…
Original wording
On page 356, line 19 insert “(I)” after “(ii)”.
Change 33: Replaces “part of the” through “determines” with “a result of the annual report, shortfall analysis or periodic reviews the Administrator d…”
ReplacesPage 356, lines 19–24
~~[struck: part of the … determines]~~[inserted: a result of the annual report, shortfall analysis or periodic reviews the Administrator determines]
Original wording
On page 356, line 19 strike “part of the” and all that follows through “determines” on line 24, and insert “a result of the annual report, shortfall analysis or periodic reviews the Administrator determines”.
Change 34: Replaces “claims are resolved” with “eligible claims are received”
ReplacesPage 356, line 25
In S.Amdt. 2746 as proposed
(i) the Administrator has begun the processing of claims; and
(ii) as part of the review conducted to prepare an annual report under this section, the Chief Financial Officer of the Department of Labor, giving due consideration to the audit conducted under subsection (h), determines that if any additional [inserted: eligible ]claims are ~~[struck: resolved]~~[inserted: received], the Fund will not have sufficient non-taxpayer resources and borrowing authorized under section 221when needed to pay 100 percent of all resolved claims while also meeting all other obligations of the Fund under this Act, including the payment of--
(I) debt repayment obligations; and
Original wording
On page 356, line 25, strike “claims are resolved” and insert “eligible claims are received”.
Change 35: Replaces “221when” with “221 when”
ReplacesPage 357, line 3
In S.Amdt. 2746 as proposed
(i) the Administrator has begun the processing of claims; and
(ii) as part of the review conducted to prepare an annual report under this section, the Chief Financial Officer of the Department of Labor, giving due consideration to the audit conducted under subsection (h), determines that if any additional claims are resolved, the Fund will not have sufficient non-taxpayer resources and borrowing authorized under section ~~[struck: 221when ]~~[inserted: 221 when ]needed to pay 100 percent of all resolved claims while also meeting all other obligations of the Fund under this Act, including the payment of--
(I) debt repayment obligations; and
Original wording
On page 357, line 3, strike “221when” and insert “221 when”.
Change 36: Inserts “such eligible claims and all previously” after “all”
InsertsPage 357, line 3
…all[inserted: such eligible claims and all previously]…
Original wording
On page 357, line 3, insert “such eligible claims and all previously” after “all”.
Change 37: Replaces “(I)” with “(aa)”
ReplacesPage 357, line 7
~~[struck: (I)]~~[inserted: (aa)]
Original wording
On page 357, line 7 strike “(I)” and insert “(aa)”.
Change 38: Replaces “(II)” with “(bb)”
ReplacesPage 357, line 9
~~[struck: (II)]~~[inserted: (bb)]
Original wording
On page 357, line 9 strike “(II)” and insert “(bb)”.
Change 39: Replaces the period on page 357, line 11 with “; or”
Replaces
…~~[struck: .]~~[inserted: ; or]
Original wording
On page 357, line 11, strike the period and insert “; or”.
Change 40: Inserts new text on page 357, between lines 11 and 12
Inserts
Inserted: (II)(aa) the Administrator has failed to make the certifications under subsection (c); or
Inserted: (bb) the Government Accountability Office has failed to report, pursuant to subsection (j), that the Administrator's certifications under subsection (c) are accurate.
Original wording
On page 357, between lines 11 and 12, insert the following:
Change 41: Inserts “either--(A) on the date which the Administrator has determined is the date the Fund will…” after “effect”
InsertsPage 358, line 2
…effect[inserted: either--(A) on the date which the Administrator has determined is the date the Fund will not have sufficient funds to pay all eligible claims filed with the Fund and all claims resolved prior to that date while satisfying its financial obligations; or (B)]…
Original wording
On page 358, line 2, after “effect” insert “either--(A) on the date which the Administrator has determined is the date the Fund will not have sufficient funds to pay all eligible claims filed with the Fund and all claims resolved prior to that date while satisfying its financial obligations; or (B) ”.
Change 42: Replaces “180” with “90”
ReplacesPage 358, line 3
~~[struck: 180]~~[inserted: 90]
Original wording
On page 358, line 3, strike “180” and insert “90”.
Change 43: Replaces “date of a determination of the” through line 6 with “date on which the certifications described in paragraph (1)(A)(iii) failed to occur.”
ReplacesPage 358, lines 3–6
~~[struck: date of a determination of the …]~~[inserted: date on which the certifications described in paragraph (1)(A)(iii) failed to occur.]
Original wording
On page 358, line 3, strike “date of a determination of the” and all that follows through line 6, and insert “date on which the certifications described in paragraph (1)(A)(iii) failed to occur.”.
Change 44: Strikes page 359, line 24 through page 360, line 4
Strikes
Removes page 359, line 24 through page 360, line 4.
Original wording
On page 359, strike line 24 and all that follows through page 360, line 4.
Change 45: Replaces “(8)” with “(7)”
ReplacesPage 360, line 5
~~[struck: (8)]~~[inserted: (7)]
Original wording
On page 360, line 5, strike “(8)” and insert “(7)”.
Change 46: Replaces “Mesothelioma claim” with “Additional claims”
ReplacesPage 361, line 13
In S.Amdt. 2746 as proposed
(B) Resolved claims.--An individual who has had a claim resolved by the Fund may not pursue a court action, except that an individual who received an award for a nonmalignant disease (Levels I through V) from the Fund may assert a claim for a subsequent or progressive disease under this subsection, unless the disease was diagnosed or the claimant had discovered facts that would have led a reasonable person to obtain such a diagnosis before the date on which the previous claim against the Fund was disposed.
(C) ~~[struck: Mesothelioma claim]~~[inserted: Additional claims].--An individual who received an award for a nonmalignant or malignant disease (except mesothelioma) (Levels I through VIII) from the Fund may assert a claim for mesothelioma under this subsection, unless the mesothelioma was diagnosed or the claimant had discovered facts that would have led a reasonable person to obtain such a diagnosis before the date on which the nonmalignant or other malignant claim was disposed.
(2) Exclusive remedy.--As of the effective date of a termination of this Act under subsection (g), an action under paragraph (1) shall be the exclusive remedy for any asbestos claim that might otherwise exist under Federal, State, or other law, regardless of whether such claim arose before or after the date of enactment of this Act or of the termination of this Act, except that claims against the Fund that have been resolved before the date of the termination determination under subsection (f) may be paid by the Fund.
Original wording
On page 361, line 13, strike “Mesothelioma claim” and insert “Additional claims”.
Change 47: Inserts “a more serious condition or” after “a claim for”
InsertsPage 361, line 17
…a claim for[inserted: a more serious condition or]…
Original wording
On page 361, line 17, insert “a more serious condition or” after “a claim for”.
Change 48: Inserts “more serious condition or” after “unless the”
InsertsPage 361, line 18
…unless the[inserted: more serious condition or]…
Original wording
On page 361, line 18, insert “more serious condition or” after “unless the”.
Change 49: Strikes “or”
StrikesPage 362, line 15
Struck: or
Original wording
On page 362, line 15, strike “or”.
Change 50: Replaces the period on page 362, line 17 with new text
Replaces
…~~[struck: .]~~
Original wording
On page 362, line 17, strike the period and insert a semicolon.
Change 51: Inserts new text on page 362, between lines 17 and 18
Inserts
Inserted: (iv) any State court in a State where the company has its headquarters or its principal place of business; or
Inserted: (v) any State court in a State where the company has at least 10 percent of its employees or 10 percent of its sales.
Original wording
On page 362, between lines 17 and 18, insert the following:
Change 52: Replaces “(ii) or (iii)” with “(ii), (iii), (iv), or (v)”
ReplacesPage 362, line 20
~~[struck: (ii) or (iii)]~~[inserted: (ii), (iii), (iv), or (v)]
Original wording
On page 362, line 20, strike “(ii) or (iii)” and insert “(ii), (iii), (iv), or (v)”.
Change 53: Strikes page 363, lines 1–18
Strikes
Removes page 363, lines 1–18.
Original wording
On page 363, strike line 1 and all that follows through line 18.
Change 54: Strikes page 364, line 15 through page 365, line 4
Strikes
Removes page 364, line 15 through page 365, line 4.
Original wording
On page 364 strike line 15 and all that follows through page 365 line 4.

Shown as written

after “claimants”.

On page 355, line 8, strike all after “mesothelioma” through line 10 and insert a semicolon.

On page 365 between lines 8 and 9, insert “(j) Government Accountability Office Report.--The Government Accountability Office shall annually review the certifications required in subsection (c), and any relevant supporting documentation, and report to Congress whether these certifications are accurate.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2869. Mr. BIDEN 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 344, line 16, insert “(i)” before “who”.

On page 344, line 17, strike “calendar” and insert “fiscal”.

On page 344, line 19, insert “and (ii)” before “who have received”.

On page 347, strike line 13 and all that follows through “Administrator,” on line 15, and insert the following:

(1) that

On page 347, line 18, strike “(1)” and insert “(A)”.

On page 347, line 22, strike “(2)” and insert “(B)”.

On page 347, line 24, strike the period and insert “; and”.

On page 347, after line 24, insert the following:

(2) that--

(A) 100 percent of the asbestos claimants who filed claims during the prior fiscal year, and who were determined to be eligible to receive compensation under this Act, received the compensation to which they are entitled during that fiscal year; and

(B) 100 percent of the total obligations due to be paid to eligible claimants in the prior fiscal year have been paid.

On page 350, strike line 4 and all that follows through page 351, line 21.

On page 351, line 24, insert “Initial” before “Analysis”.

On page 352, line 5, strike “when” and insert “the date on which”.

On page 352, line 6, insert “in full” after “claims”.

On page 352, line 10, insert a period after “claimants”.

On page 352, lines 10 and 11, strike “and the public.” and all that follows through “Fund” on line 15.

On page 353, line 6, strike the semicolon and insert “; or”.

On page 353, line 7, strike “reform” and all that follows through line 13.

On page 353, line 14, strike “changes” and insert “increases”.

On page 353, lines 16 and 17, strike “, or changes in award values)” and insert “in order to keep the Fund operational”.

On page 353, line 17, strike “; or” and insert a period.

On page 353, strike lines 18 through 19.

On page 354, line 6, strike “except” through “212(a)(3)(C).” on line 15.

On page 355, line 7, insert “and” after “fraud,”.

On page 355, line 8, strike all after “mesothelioma” through line 10 and insert a semicolon.

On page 355, strike lines 11 through 14.

On page 355, line 15, strike “(D)” and insert “(C)”.

On page 355, line 18, strike “(E)” and insert “(D)”.

On page 355, line 20, strike “(F)” and insert “(E)”.

On page 355, strike line 22 and all that follows through page 356, line 4, and insert the following:

(3) Termination plan.--

(A) In general.--Any recommendation of termination shall include a plan for terminating the affairs of the Fund (and the program generally) within a defined period.

(B) Plan requirements.--The termination plan shall--

(i) specify the date on which the Fund will no longer be able to timely process and pay all eligible claims that are filed with the Fund while satisfying the other financial obligations of the Fund; and

(ii) provide for paying in full all such eligible claims and all claims resolved before that date.

On page 356, between lines 4 and 5, insert the following:

(4) Periodic reviews.--The Administrator shall provide updates on any shortfall analysis to Congress every 6 months, or at such shorter intervals as the Administrator determines appropriate.

On page 356, line 5, strike “(4)” and insert “(5)”.

On page 356, line 14, strike “titles I (except subtitle A) and II and”.

On page 356, line 15, strike “403 and 404(e)(2)” and insert “113, 403, 404, and 406”.

On page 356, line 19 insert “(I)” after “(ii)”.

On page 356, line 19 strike “part of the” and all that follows through “determines” on line 24, and insert “a result of the annual report, shortfall analysis or periodic reviews the Administrator determines”.

On page 356, line 25, strike “claims are resolved” and insert “eligible claims are received”.

On page 357, line 3, strike “221when” and insert “221 when”.

On page 357, line 3, insert “such eligible claims and all previously” after “all”.

On page 357, line 7 strike “(I)” and insert “(aa)”.

On page 357, line 9 strike “(II)” and insert “(bb)”.

On page 357, line 11, strike the period and insert “; or”.

On page 357, between lines 11 and 12, insert the following:

(II)(aa) the Administrator has failed to make the certifications under subsection (c); or

(bb) the Government Accountability Office has failed to report, pursuant to subsection (j), that the Administrator's certifications under subsection (c) are accurate.

On page 358, line 2, after “effect” insert “either--

(A) on the date which the Administrator has determined is the date the Fund will not have sufficient funds to pay all eligible claims filed with the Fund and all claims resolved prior to that date while satisfying its financial obligations; or

(B) ”.

On page 358, line 3, strike “180” and insert “90”.

On page 358, line 3, strike “date of a determination of the” and all that follows through line 6, and insert “date on which the certifications described in paragraph (1)(A)(iii) failed to occur.”.

On page 359, strike line 24 and all that follows through page 360, line 4.

On page 360, line 5, strike “(8)” and insert “(7)”.

On page 361, line 13, strike “Mesothelioma claim” and insert “Additional claims”.

On page 361, line 17, insert “a more serious condition or” after “a claim for”.

On page 361, line 18, insert “more serious condition or” after “unless the”.

On page 362, line 15, strike “or”.

On page 362, line 17, strike the period and insert a semicolon.

On page 362, between lines 17 and 18, insert the following:

(iv) any State court in a State where the company has its headquarters or its principal place of business; or

(v) any State court in a State where the company has at least 10 percent of its employees or 10 percent of its sales.

On page 362, line 20, strike “(ii) or (iii)” and insert “(ii), (iii), (iv), or (v)”.

On page 363, strike line 1 and all that follows through line 18.

On page 364 strike line 15 and all that follows through page 365 line 4.

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Senate amendment submitted

February 14, 2006