S.Amdt. 2870

SA 2870. 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 143, line 8 strike all through page 144 line 6 and insert the following:

(7) Asbestos premises claim.--The term “asbestos premises claim”--

(A) means an asbestos claim against a current or former premises owner or landowner, or person controlling or possessing premises or land, alleging injury or death caused by exposure to asbestos on such premises or land or by exposure to asbestos carried off such premises or land on the clothing or belongings of another person; and

(B) includes any such asbestos claim against a current or former employer alleging injury or death caused by exposure to asbestos on premises or land owned, controlled, or possessed by the employer, if that claim is not a claim for benefits under a workers' compensation law or veteran benefits program.

(8) Asbestos premises defendant participant.--The term “asbestos premises defendant participant” means any defendant participant for which 90 percent or more of its prior asbestos expenditures relate to asbestos premises claims against that defendant participant.

On page 150, strike lines 1 through page 151 line 16, and insert the following:

(d) Tiers II Through VIII.--

(1) In general.--Except as provided in section 204 and subsection (b) of this section, persons or affiliated groups are included in Tier II, III, IV, V, VI, VII, or VIII according to the prior asbestos expenditures paid by such persons or affiliated groups as follows:

(A) Tier II: $350,000,000 or greater.

(B) Tier III: $200,000,000 or greater, but less than $350,000,000.

(C) Tier IV: $75,000,000 or greater, but less than $200,000,000.

(D) Tier V: $50,000,000 or greater, but less than $75,000,000.

(E) Tier VI: $10,000,000 or greater, but less than $50,000,000.

(F) Tier VII: $5,000,000 or greater, but less than $10,000,000.

(G) Tier VIII: $1,000,000 or greater, but less than $5,000,000.

(2) Asbestos premises defendant participants.--Asbestos premises defendant participants which would be assigned to Tiers IV, V, VI, or VII according to their prior asbestos expenditures shall instead be assigned to the immediately lower tier, such that an asbestos premises defendant participant which would be assigned to Tier IV shall instead be assigned to Tier V, an asbestos premises defendant participant which would be assigned to Tier V shall instead be assigned to Tier VI, an asbestos premises defendant participant which would be assigned to Tier VI shall instead be assigned to Tier VII, and an asbestos premises defendant participant which would be assigned to Tier VII shall instead be assigned to Tier VIII.

On page 162, strike line 22 through page 170, line 9, and insert the following:

(c) Tier II Subtiers.--

(1) In general.--Each person or affiliated group in Tier II shall be included in 1 of the 5 subtiers of Tier II, based on the person's or affiliated group's revenues. Such subtiers shall each contain as close to an equal number of total persons and affiliated groups as possible, with --

(A) those persons or affiliated groups with the highest revenues included in Subtier 1;

(B) those persons or affiliated groups with the next highest revenues included in Subtier 2;

(C) those persons or affiliated groups with the lowest revenues included in Subtier 5;

(D) those persons or affiliated groups with the next lowest revenues included in Subtier 4; and

(E) those persons or affiliated groups remaining included in Subtier 3.

(2) Payments.--Each person or affiliated group within each subtier shall pay, on an annual basis, the following:

(A) Subtier 1: $49,500,000.

(B) Subtier 2: $46,750,000.

(C) Subtier 3: $44,000,000.

(D) Subtier 4: $41,250,000.

(E) Subtier 5: $38,500,000.

(d) Tier III Subtiers.--

(1) In general.--Each person or affiliated group in Tier III shall be included in 1 of the 5 subtiers of Tier III, based on the person's or affiliated group's revenues. Such subtiers shall each contain as close to an equal number of total persons and affiliated groups as possible, with--

(A) those persons or affiliated groups with the highest revenues included in Subtier 1;

(B) those persons or affiliated groups with the next highest revenues included in Subtier 2;

(C) those persons or affiliated groups with the lowest revenues included in Subtier 5;

(D) those persons or affiliated groups with the next lowest revenues included in Subtier 4; and

(E) those persons or affiliated groups remaining included in Subtier 3.

(2) Payments.--Each person or affiliated group within each subtier shall pay, on an annual basis, the following:

(A) Subtier 1: $38,500,000.

(B) Subtier 2: $35,750,000.

(C) Subtier 3: $33,000,000.

(D) Subtier 4: $30,250,000.

(E) Subtier 5: $27,500,000.

(e) Tier IV Subtiers.--

(1) In general.--Each person or affiliated group in Tier IV shall be included in 1 of the 5 subtiers of Tier IV, based on the person's or affiliated group's revenues. Such subtiers shall each contain as close to an equal number of total persons and affiliated groups as possible, with--

(A) those persons or affiliated groups with the highest revenues included in Subtier 1;

(B) those persons or affiliated groups with the next highest revenues included in Subtier 2;

(C) those persons or affiliated groups with the lowest revenues included in Subtier 5;

(D) those persons or affiliated groups with the next lowest revenues included in Subtier 4; and

(E) those persons or affiliated groups remaining included in Subtier 3.

(2) Payments.--Each person or affiliated group within each subtier shall pay, on an annual basis, the following:

(A) Subtier 1: $27,500,000.

(B) Subtier 2: $24,750,000.

(C) Subtier 3: $22,000,000.

(D) Subtier 4: $19,250,000.

(E) Subtier 5: $16,500,000.

(f) Tier V Subtiers.--

(1) In general.--Each person or affiliated group in Tier V shall be included in 1 of the 5 subtiers of Tier V, based on the person's or affiliated group's revenues. Such subtiers shall each contain as close to an equal number of total persons and affiliated groups as possible, with--

(A) those persons or affiliated groups with the highest revenues included in Subtier 1;

(B) those persons or affiliated groups with the next highest revenues included in Subtier 2;

(C) those persons or affiliated groups with the lowest revenues included in Subtier 5;

(D) those persons or affiliated groups with the next lowest revenues included in Subtier 4; and

(E) those persons or affiliated groups remaining included in Subtier 3.

(2) Payments.--Each person or affiliated group within each subtier shall pay, on an annual basis, the following:

(A) Subtier 1: $16,500,000.

(B) Subtier 2: $13,750,000.

(C) Subtier 3: $11,000,000.

(D) Subtier 4: $8,250,000.

(E) Subtier 5: $5,500,000.

(g) Tier VI Subtiers.--

(1) In general.--Each person or affiliated group in Tier VI shall be included in 1 of the 4 subtiers of Tier VI, based on the person's or affiliated group's revenues. Such subtiers shall each contain as close to an equal number of total persons and affiliated groups as possible, with those persons or affiliated groups with the highest revenues in Subtier 1, those with the lowest revenues in Subtier 4. Those persons or affiliated groups with the highest revenues among those remaining will be included in Subtier 2 and the rest in Subtier 3.

(2) Payment.--Each person or affiliated group within each subtier shall pay, on an annual basis, the following:

(A) Subtier 1: $3,850,000.

(B) Subtier 2: $2,475,000.

(C) Subtier 3: $1,650,000.

(D) Subtier 4: $550,000.

(h) Tier VII Subtiers.--

(1) In general.--Each person or affiliated group in Tier VII shall be included in 1 of the 3 subtiers of Tier VII, based on the person's or affiliated group's revenues. Such subtiers shall each contain as close to an equal number of total persons and affiliated groups as possible, with those persons or affiliated groups with the highest revenues in Subtier 1, those with the lowest revenues in Subtier 3, and those remaining in Subtier 2.

(2) Payment.--Each person or affiliated group within each subtier shall pay, on an annual basis, the following:

(A) Subtier 1: $1,000,000.

(B) Subtier 2: $500,000.

(C) Subtier 3: $200,000.

(i) Tier VIII Subtiers.--

(1) In general.--Each person or affiliated group in Tier VIII shall be included in 1 of the 3 subtiers of Tier VIII, based on the person's or affiliated group's revenues. Such subtiers shall each contain as close to an equal number of total persons and affiliated groups as possible, with those persons or affiliated groups with the highest revenues in Subtier 1, those with the lowest revenues in Subtier 3, and those remaining in Subtier 2.

(2) Payment.--Each person or affiliated group within each subtier shall pay, on an annual basis, the following:

(A) Subtier 1: $500,000.

(B) Subtier 2: $250,000.

(C) Subtier 3: $100,000.

(j) Tier IX.--

(1) In general.--Notwithstanding prior asbestos expenditures that might qualify a person or affiliated group to be included in Tiers II, III, IV, V, VI, VII, or VIII, a person or affiliated group shall also be included in Tier IX, if the person or affiliated group--

(A) is or has at any time been subject to asbestos claims brought under the Act of April 22, 1908 (45 U.S.C. 51 et seq.), commonly known as the Employers' Liability Act, as a result of operations as a common carrier by railroad; and

(B) has paid (including any payments made by others on behalf of such person or affiliated group) not less than $5,000,000 in settlement, judgment, defense, or indemnity costs relating to such claims.

(2) Additional amount.--The payment requirement for persons or affiliated groups included in Tier IX shall be in addition to any payment requirement applicable to such person or affiliated group under Tiers II through VIII.

(3) Subtier 1.--Each person or affiliated group in Tier IX with revenues of $6,000,000,000 or more is included in Subtier 1 and shall make annual payments of $11,000,000 to the Fund.

(4) Subtier 2.--Each person or affiliated group in Tier IX with revenues of less than $6,000,000,000, but not less than $4,000,000,000 is included in Subtier 2 and shall make annual payments of $5,500,000 to the Fund.

(5) Subtier 3.--Each person or affiliated group in Tier IX with revenues of less than $4,000,000,000, but not less than $500,000,000 is included in Subtier 3 and shall make annual payments of $550,000 to the Fund.

(6) Joint venture revenues and liability.--

(A) Revenues.--For purposes of this subsection, the revenues of a joint venture shall be included on a pro rata basis reflecting relative joint ownership to calculate the revenues of the parents of that joint venture. The joint venture shall not be responsible for a contribution amount under this subsection.

(B) Liability.--For purposes of this subsection, the liability under the Act of April 22, 1908 (45 U.S.C. 51 et seq.), commonly known as the Employers' Liability Act, shall be attributed to the parent owners of the joint venture on a pro rata basis, reflecting their relative share of ownership. The joint venture shall not be responsible for a payment amount under this provision.