S.Amdt. 2828

SA 2828. Mrs. BOXER 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 85, after line 23, insert the following:

SEC. 116. OPT OUT PROVISION FOR CLAIMANTS AGAINST NONPARTICIPANT ENTITIES.

(a) Definition.--In this section, the term “covered claimant ” means any person who--

(1) may have contracted an asbestos-related disease or condition; and

(2) has filed, or is eligible to file, an asbestos claim under section 113 with the Fund; and

(3) except for the provisions of this Act, could file a civil action on that asbestos claim against any entity that is not a participant as defined under section 3.

(b) Election.--Any covered claimant may--

(1) file an election with the Adminstrator to--

(A) withdraw the claim with the Fund; or

(B) provide notice to pursue the claim in a civil action instead of under title I; and

(2) file a civil action on that asbestos claim in an appropriate Federal or State court.