S.Amdt. 2884

SA 2884. Mr. SPECTER 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 70, line 23, strike all through page 73, line 2, and insert the following:

(b) Statute of Limitations.--

(1) In general.--If a claim is not filed with the Office within the limitations period specified in this subsection for that category of claim, such claim shall be extinguished, and any recovery thereon shall be prohibited.

(2) Initial claims.--An initial claim for an award under this Act shall be filed within 5 years after the date on which the claimant first received a medical diagnosis and medical test results sufficient to satisfy the criteria for the disease level for which the claimant is seeking compensation.

(3) Claims for additional awards.--

(A) Nonmalignant diseases.--If a claimant has previously filed a timely initial claim for compensation for any nonmalignant disease level, there shall be no limitations period applicable to the filing of claims by the claimant for additional awards for higher disease levels based on the progression of the nonmalignant disease.

(B) Malignant diseases.--Regardless of whether the claimant has previously filed a claim for compensation for any other disease level, a claim for compensation for a malignant disease level shall be filed within 5 years after the claimant first obtained a medical diagnosis and medical test results sufficient to satisfy the criteria for the malignant disease level for which the claimant is seeking compensation.

(4) Effect on pending claims.--

(A) In general.--Subject to subparagraph (C), if an asbestos claim that was timely filed within ten years prior to the date of enactment is pending as of the date of enactment and is preempted under section 403(e), a claim under this Act for the same disease or condition may be filed with the Office under this section within 5 years after such date of enactment.

(B) Special rule.--For purposes of this paragraph, a claim shall not be treated as pending with a trust established under title 11, United States.