S.Amdt. 2837

1. Rewrites page 46, line 18 through page 62, line 8

   Replaces

   Removes page 46, line 18 through page 62, line 8.

   Inserted: (1) Stay of claims.--Notwithstanding any other provision of this Act, any asbestos claim pending on the date of enactment of this Act, other than a terminal health claim to which paragraph (2) of this subsection applies, a claim to which section 403(d)(2) applies, a terminal health claim, or as otherwise provided in section 402(f), is stayed.

   Inserted: (2) Terminal health claims.--

   Inserted: (A) Procedures for settlement of terminal health claims.--

   Inserted: (i) In general.--Any person that has filed a terminal health claim, as provided under subsection (c)(2), seeking a judgment or order for monetary damages in any Federal or State court before the date of the enactment of this Act, shall seek a settlement in accordance with this paragraph. Any person with a terminal health claim, as provided under subsection (c)(2), that arises after such date of enactment shall seek a settlement in accordance with this paragraph.

   Inserted: (ii) Filing.--

   Inserted: (I) In general.--At any time before the Fund or claims facility is certified as operational and paying terminal health claims at a reasonable rate, any person with a terminal health claim as described under clause (i) shall file a notice of their intent to seek a settlement or shall file their exigent health claim with the Administrator or claims facility. Filing of an exigent health claim with the Administrator or claims facility may serve as notice of intent to seek a settlement.

   Inserted: (II) Exception.--Any person who seeks compensation for an exigent health claim from a trust in accordance with section 402(f) shall not be eligible to seek a settlement or settlement offer under this paragraph.

   Inserted: (iii) Terminal health claim information.--To file a terminal health claim, each individual shall provide all of the following information:

   Inserted: (I) The amount received or entitled to be received as a result of all collateral source compensation under section 134, and copies of all settlement agreements and related documents sufficient to show the accuracy of that amount.

   Inserted: (II) A description of any claims for compensation for an asbestos related injury or disease filed by the claimant with any trust or class action trust, and the status or disposition or any such claims.

   Inserted: (III) All information that the claimant would be required to provide to the Administrator in support of a claim under sections 113(c) and 121.

   Inserted: (IV) A certification by the claimant that the information provided is true and complete. The certification provided under this subclause shall be subject to the same penalties for false or misleading statements that would be applicable with regard to information provided to the Administrator or claims facility in support of a claim.

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   Inserted: (V) For terminal health claims arising after the date of enactment of this Act, the claimant shall identify each defendant that would be an appropriate defendant in a civil action seeking damages for the asbestos claim of the claimant. Identification of all potential participants shall be made in good faith by the claimant.

   Inserted: (iv) Timing.--A claimant who has filed a notice of their intent to seek a settlement under clause (ii) shall within 60 days after filing notice provide to the Administrator or claims facility the information required under clause (iii). If a claimant has filed an exigent health claim under clause (ii) the Administrator shall provide all affected defendants the information required under clause (iii).

   Inserted: (v) Website.--

   Inserted: (I) Posting.--The Administrator or claims facility shall post the information described in subclause (II) to a secure website, accessible on a passcode-protected basis to participants.

   Inserted: (II) Required information.--The website established under subclause (I) shall contain a listing of--

   Inserted: (aa) each claimant that has filed a notice of intent to seek a settlement or claim under this clause;

   Inserted: (bb) the name of such claimant; and

   Inserted: (cc) if applicable--

   Inserted: (AA) the name of the court where such claim was filed;

   Inserted: (BB) the case or docket number of such claim; and

   Inserted: (CC) the date such claim was filed.

   Inserted: (III) Prohibitions.--The website established under subclause (I) shall not contain specific health or medical information or social security numbers.

   Inserted: (IV) Participant access.--A participant's access to the website established under subclause (I) shall be limited on a need to know basis, and participants shall not disclose or sell data, or retain data for purposes other than paying an asbestos claim.

   Inserted: (V) Violations.--Any person or other entity that violates any provision of this clause, including by breaching any data posted on the website, shall be subject to an injunction, or civil penalties, or both.

   Inserted: (vi) Administrator or claims facility certification of settlement.--

   Inserted: (I) Determination.--Within 60 days after the information under clause (iii) is provided, the Administrator or claims facility shall determine whether or not the claim meets the requirements of a terminal health claim.

   Inserted: (II) Requirements met.--If the Administrator or claims facility determines that the claim meets the requirements of a terminal health claim, the Administrator or claims facility shall immediately--

   Inserted: (aa) issue and serve on all parties a certification of eligibility of such claim;

   Inserted: (bb) determine the value of such claim under the Fund by subtracting from the amount in section 131 the total amount of collateral source compensation received by the claimant; and

   Inserted: (cc) pay the award of compensation to the claimant under clause (xiii).

   Inserted: (III) Requirements not met.--If the requirements under clause (iii) are not met, the claimant shall have 30 days to perfect the claim. If the claimant fails to perfect the claim within that 30-day period or the Administrator or claims facility determines that the claim does not meet the requirements of a terminal health claim, the claim shall not be eligible to proceed under this paragraph. A claimant may appeal any decision issued by a claims facility with the Administrator in accordance with section 114.

   Inserted: (vii) Failure to certify.--If the Administrator or claims facility is unable to process the claim and does not make a determination regarding the certification of the claim as required under clause (vi), the Administrator or claims facility shall within 10 days after the end of the 60-day period referred to under clause (vi)(I) provide notice of the failure to act to the claimant and the defendants in the pending Federal or State court action or the defendants identified under clause (iii)(IV). If the Administrator or claims facility fails to provide such notice within 10 days, the claimant may elect to provide the notice to the affected defendants to prompt a settlement offer. The Administrator or claims facility shall list all terminal health claims for which notice has been provided under this clause on the website established under clause (v).

   Inserted: (viii) Failure to pay.--If the Administrator or claims facility does not pay the award as required under clause (xiii), the Administrator shall refer the certified claim within 10 days as a certified terminal health claim to the defendants in the pending Federal and State court action or to the potential defendants identified under clause (iii)(IV) for terminal claims arising after the date of enactment of this Act. The Administrator or claims facility shall list all terminal health claims for which notice has been provided under this clause on the website established under clause (v).

   Inserted: (ix) Settlement offer.--Any participant or participants may, within 30 days after receipt of such notice as provided under clause (vii) or (viii), file and serve on all parties and the Administrator a good faith settlement offer in an aggregate amount not to exceed the total amount to which the claimant would receive under section 131. If the aggregate amount offered by all participants exceeds the award determined by the Administrator, all offers shall be deemed reduced pro-rata until the aggregate amount equals the award amount. An acceptance of such settlement offer for claims pending before the date of enactment of this Act shall be subject to approval by the trial judge or authorized magistrate in the court where the claim is pending. The court shall approve any such accepted offer within 20 days after a request, unless there is evidence of bad faith or fraud. No court approval is necessary if the terminal health claim was certified by the Administrator or claims facility under clause (vi).

   Inserted: (x) Acceptance or rejection.--Within 20 days after receipt of the settlement offer, or the amended settlement offer, the claimant shall either accept or reject such offer in writing. If the amount of the settlement offer made by the Administrator, claims facility, or participants equals 100 percent of what the claimant would receive under the Fund, the claimant shall accept such settlement in writing.

   Inserted: (xi) Opportunity to cure.--If the settlement offer is rejected for being less than what the claimant would receive under the Fund, the participants shall have 10 business days to make an amended offer. If the amended offer equals 100 percent of what the claimant would receive under the Fund, the claimant shall accept such settlement offer in writing. If the settlement offer is again rejected as less than what the claimant would receive under the Fund or if participants fail to make an amended offer, the claimant shall recover 150 percent of what the claimant would receive under the Fund. If the amount of the amended settlement offer made by the Administrator, claims facility, or participants equals 150 percent of what the claimant would receive under the Fund, the claimant shall accept such settlement in writing.

   Inserted: (xii) Payment schedule.--

   Inserted: (I) Mesothelioma claimants.--For mesothelioma claimants--

   Inserted: (aa) an initial payment of 50 percent shall be made within 30 days after the date the settlement is accepted and the second and final payment shall be made 6 months after date the settlement is accepted; or

   Inserted: (bb) if the Administrator determines that the payment schedule would impose a severe financial hardship on the Fund, or if the court determines that the settlement offer would impose a severe financial hardship on the participant, the payments may be extended 50 percent in 6 months and 50 percent 11 months after the date the settlement offer is accepted.

   Inserted: (II) Other terminal claimants.--For other terminal claimants, as defined under section 106(c)(2)(B) and (C)--

   Inserted: (aa) the initial payment of 50 percent shall be made within 6 months after the date the settlement is accepted and the second and final payment shall be made 12 months after date the settlement is accepted; or

   Inserted: (bb) if the Administrator determines that the payment schedule would impose a severe financial hardship on the Fund, or if the court determines that the settlement offer would impose a severe financial hardship on the participants, the payments may be extended 50 percent within 1 year after the date the settlement offer is accepted and 50 percent in 2 years after date the settlement offer is accepted.

   Inserted: (III) Release.--Once a claimant has received final payment of the accepted settlement offer, and penalty payment if applicable, the claimant shall release any outstanding asbestos claims.

   Inserted: (xiii) Recovery of costs.--

   Inserted: (I) In general.--Any participant whose settlement offer is accepted may recover the cost of such settlement by deducting from the participant's next and subsequent contributions to the Fund the full amount of the payment made by such participant to the terminal health claimant, unless the Administrator finds, on the basis of clear and convincing evidence, that the participant's offer is not in good faith. Any such payment shall be considered a payment to the Fund for purposes of section 404(e)(1) and in response to the payment obligations imposed on participants in title II.

   Inserted: (II) Reimbursement.--Notwithstanding subclause (I), if the deductions from the participant's next and subsequent contributions to the Fund do not fully recover the cost of such payments on or before its third annual contribution to the Fund, the Fund shall reimburse such participant for such remaining cost not later than 6 months after the date of the third scheduled Fund contribution.

   Inserted: (xiv) Failure to make offer.--If participants fail to make a settlement offer within the 30-day period described under clause (ix) or make amended offers within the 10 business day cure period described under clause (xi), the claimant shall be entitled to recover 150 percent of what the claimant would receive under the Fund.

   Inserted: (xv) Failure to pay.--If a participant fails to pay an accepted settlement offer within the payment schedule under clause (xii), the claimant shall be entitled to recover 150 percent of what the claimant would receive under the Fund. If the stay is lifted under subparagraph (B) the claimant may seek a judgment or order for monetary damages from the court where the case is currently pending or the appropriate Federal or State court for claims arising after the date of enactment of this Act.

   Inserted: (B) Stay terminated and reversion to court.--If 9 months after a terminal health claim has been filed under subparagraph (A), a claimant has not received a settlement under subparagraph (A)(xii) and the Administrator has not certified to Congress that the Fund or claims facility is operational and paying terminal health claims at a reasonable rate, the stay of claim provided under paragraph (1) shall be lifted and such terminal health claimant, may immediately seek a judgment or order for monetary damages from the court where the case is currently pending or the appropriate Federal or State court for claims arising after the date of enactment of this Act. If a claimant has failed to file a claim or notice of intent to seek a settlement, as required under subparagraph (A)(ii), the provisions of this subparagraph shall not apply.

   Inserted: (c) Continuance of Terminal Health Claims.--Nothwithstanding section 106(f)(2) or any other provision of this Act, any individual who has filed a terminal health claim before the date of enactment of this Act may continue that terminal health claim in the court where the case was pending on the date of enactment of this Act. For terminal health claims filed after the date of enactment of this Act and before the Administrator certifies to Congress that the Fund is operational and paying valid claims at a reasonable rate, by claimants who do not elect to seek an offer of judgment under subparagraph (A), the pending claim is not stayed and such claimants may continue the terminal health claims where the case is filed.

   Original wording

   On page 46, line 18, strike all through page 62, line 8, and insert the following:

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As printed