S.Amdt. 2879

SA 2879. Mr. REID (for 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 359, strike line 3 and all that follows through page 361, line 23, and insert the following:

(6) Asbestos trusts and class action trusts.--On and after the date of termination under this subsection, the trust distribution program of any asbestos trust and the class action trust shall be replaced with the medical criteria requirements of section 121.

(7) Payment to asbestos trusts and class action trusts.--The amounts determined under paragraph (1)(B) for payment to the asbestos trusts and the class action trust shall be transferred to the respective asbestos trusts of the debtor and the class action trust within 90 days.

(h) Nature of Claim After Sunset.--

(1) In general.--

(A) Relief.--

(i) In general.--Except as provided in subparagraphs (B) and (C), on and after the date of termination under subsection (g), any individual with an asbestos claim who has not previously had a claim resolved by the Fund, may in a civil action obtain relief in damages subject to the terms and conditions under this subsection and paragraph (6) of subsection (g).

(ii) Rule of construction.--This subparagraph shall not be construed as creating a new Federal cause of action.

(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) Mesothelioma claim.--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.

(D) Statute of limitations.--Notwithstanding any other provision of law, a claimant who, on the date of termination under subsection (g), had a claim filed with the Fund that was unresolved or was eligible to file a claim with the Fund under section 113(b) may file a civil action in accordance with this section not less than 2 years after the date of termination under subsection (g).