S.Amdt. 2874Senate109th Congress (2005-2007)2nd degree

S.Amdt. 2874

What it does: 3 changes: strikes text in 2 places, replaces text
Submitted February 14, 2006

What it changes

3 changes to S.Amdt. 2746 · 1 shown in S.Amdt. 2746's text

Strikes text in 2 placesReplaces text

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

  1. Change 1: Strikes “and the regulations banning asbestos promulgated under section 501 of this Act),”

    StrikesPage 370, lines 14–16

    In S.Amdt. 2746 as proposed

    (A) in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, identify all employers that, during the previous year, were subject to final orders finding that they violated standards issued by the Occupational Safety and Health Administration for control of occupational exposure to asbestos (29 C.F.R. 1910.1001, 1915.1001, and 1926.1101) or the equivalent asbestos standards issued by any State under section 18 of the Occupational Safety and Health Act (29 U.S.C. 668); and

    (B) in consultation with the Administrator of the Environmental Protection Agency, identify all employers or other individuals who, during the previous year, were subject to final orders finding that they violated asbestos regulations administered by the Environmental Protection Agency (including the National Emissions Standard for Asbestos established under the Clean Air Act (42 U.S.C. 7401 et seq.), the asbestos worker protection standards established under part 763 of title 40, Code of Federal Regulations, [struck: and the regulations banning asbestos promulgated under section 501 of this Act), ]or equivalent State asbestos regulations.

    (3) Assessment for contribution.--The Administrator shall assess each such identified employer or other individual for a contribution to the Fund for that year in an amount equal to--

    Original wording

    On page 370, lines 14 through 16, strike “and the regulations banning asbestos promulgated under section 501 of this Act),”.

  2. Change 2: Rewrites page 369, line 3 through page 371, line 5

    Replaces

    Removes page 369, line 3 through page 371, line 5.

    Inserted: (1) In general.--The Administrator shall assess employers or other individuals determined to have violated asbestos statutes, standards, or regulations administered by the Department of Labor and State agencies that are counterparts, for contributions to the Asbestos Injury Claims Resolution Fund.

    Inserted: (2) Identification of violators.--Each year, the Administrator shall in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, identify all employers that, during the previous year, were subject to final orders finding that they violated standards issued by the Occupational Safety and Health Administration for control of occupational exposure to asbestos (29 C.F.R. 1910.1001, 1915.1001, and 1926.1101) or the equivalent asbestos standards issued by any State under section 18 of the Occupational Safety and Health Act (29 U.S.C. 668).

    Inserted: (3) Assessment for contribution.--The Administrator shall assess each such identified employer or other individual under paragraph (2) for a contribution to the Fund for that year in an amount equal to--

    Inserted: (A) 2 times the amount of total penalties assessed for the first violation of occupational health statutes, standards, or regulations;

    Inserted: (B) 4 times the amount of total penalties for a second violation of such statutes, standards, or regulations; and

    Inserted: (C) 6 times the amount of total penalties for any violations thereafter.

    Original wording

    On page 369, line 3, strike all through page 371, line 5 and insert the following:

  3. Change 3: Strikes page 386, line 6 through page 393, line 7

    Strikes

    Removes page 386, line 6 through page 393, line 7.

    Original wording

    On page 386, line 6, strike all through page 393, line 7.

Shown as written

On page 376, line 5, strike all through the matter between lines 5 and 6 on page 386.

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

As printed

SA 2874. Mr. INHOFE 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 370, lines 14 through 16, strike “and the regulations banning asbestos promulgated under section 501 of this Act),”.

On page 369, line 3, strike all through page 371, line 5 and insert the following:

(1) In general.--The Administrator shall assess employers or other individuals determined to have violated asbestos statutes, standards, or regulations administered by the Department of Labor and State agencies that are counterparts, for contributions to the Asbestos Injury Claims Resolution Fund.

(2) Identification of violators.--Each year, the Administrator shall in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, identify all employers that, during the previous year, were subject to final orders finding that they violated standards issued by the Occupational Safety and Health Administration for control of occupational exposure to asbestos (29 C.F.R. 1910.1001, 1915.1001, and 1926.1101) or the equivalent asbestos standards issued by any State under section 18 of the Occupational Safety and Health Act (29 U.S.C. 668).

(3) Assessment for contribution.--The Administrator shall assess each such identified employer or other individual under paragraph (2) for a contribution to the Fund for that year in an amount equal to--

(A) 2 times the amount of total penalties assessed for the first violation of occupational health statutes, standards, or regulations;

(B) 4 times the amount of total penalties for a second violation of such statutes, standards, or regulations; and

(C) 6 times the amount of total penalties for any violations thereafter.

On page 376, line 5, strike all through the matter between lines 5 and 6 on page 386.

On page 386, line 6, strike all through page 393, line 7.

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Senate amendment submitted

February 14, 2006