may be liable to the third-party plaintiff, wholly or
in part, for the claimant’s injury. For good cause
shown and subject to reasonable limitations, an Ad-
ministrative Law Judge may allow discovery for the
purpose of obtaining information necessary to allow
the claimant or any third-party plaintiff to provide
a particularized statement under paragraph (2) or
this paragraph.
(b) SETTLEMENT OFFERS; OFFER OF COMPENSATION
BY THE TRUSTEE.—
(1) MANDATORY
OFFER
FROM
DEFENDANTS.—
Within 21 days following the naming of all defend-
ants, each defendant shall provide to the claimant in
writing a good faith settlement offer, and shall pro-
vide a copy to the Trustee.
(2) MANDATORY OFFER FROM ASBESTOS COM-
PENSATION FUND.—Within 10 days of receiving all of
the defendants’ offers, the Trustee shall make an offer
of compensation to the claimant, based on a com-
pensation grid which shall be established and regu-
larly revised by rule.
SEC. 104. CLAIMANT’S CHOICE OF FORUM.
(a) IN GENERAL.—The claimant shall notify each de-
fendant and the Trustee whether the claimant accepts or
rejects the defendant’s settlement offer under section
103(b)(1). If the claimant accepts any such offer, or any
other settlement offer, the Trustee’s offer of compensation
shall be automatically reduced by the amount of such settle-
ments.
(b) NOTICE.—The claimant shall notify the Trustee
and any defendant within 60 days whether the claimant
accepts or rejects an offer that has been provided pursuant
to section 103(b)(1) or 103(b)(2).
(c) ORPHAN SHARES.—The Trustee shall not make an
offer to the claimant under section 103(b) if no solvent de-
fendant has been named.
(d) ACCEPTANCE.—If the claimant accepts the Trust-
ee’s offer of compensation, the Trustee shall assume the
claim. The Trustee may accept any defendant’s settlement
offer under section 103(b)(1) or may prosecute the claim
against any defendant as provided in section 105, or may
prosecute the claim in any State or Federal court.
(e) REJECTION.—If the claimant rejects any defend-
ant’s settlement offer and also rejects the Trustee’s offer of
compensation, the claimant may elect an administrative
adjudication under section 105 or opt out of further admin-
istrative proceedings and file suit in a State or Federal
court.
SEC. 105. ADMINISTRATIVE ADJUDICATION.
If a claimant elects adjudication under this section,
the OAC shall assign an Administrative Law Judge to con-
duct a hearing on the record and to determine whether com-
pensation is to be provided and the amount of such com-
pensation. The Administrative Law Judge shall adhere to
the law applicable to asbestos adjudications as contained
in sections 201 through 210. The Administrative Law Judge
shall issue a decision, containing findings of fact and con-
clusions of law, as expeditiously as possible, but not later
than 90 days after the case is assigned.
SEC. 106. APPEALS; JUDICIAL REVIEW.
Any person aggrieved by a final decision of the Admin-
istrator under section 105 or a final denial by the Medical
Director under section 102, may seek review of that decision
or denial in the United States Court of Federal Claims,
which shall uphold the decision or denial if it is supported
by substantial evidence and is not contrary to law. A deci-
sion by the Medical Director that a claimant has an eligible
medical condition is not a final decision under this section.
Decisions of the United States Court of Federal Claims are
appealable, without regard to the amount in controversy or
the citizenship of the parties, to a United States Court of
Appeals for a judicial circuit.
SEC. 107. GATHERING AND MAINTENANCE OF INFORMA-
TION.
(a) PRODUCT IDENTIFICATION.—The OAC shall collect
and regularly update information regarding product iden-
tification and shall make such information publicly avail-
able. The data base maintained by the OAC under this sec-
tion is for information purposes only, and the presence of
information in that database shall not lead to any pre-
sumption.
(b) SETTLEMENTS, JUDGMENTS, AND AWARDS.—The
OAC shall collect data on settlements, judgments, and
awards in connection with asbestos claims and shall make
such data publicly available. The OAC may require this
data to be reported in such form as it may prescribe.
(c) SUBPOENA POWER.—The OAC may compel, by
subpoena or other appropriate process, information from
any person regarding past settlements or product identi-
fication for purposes of developing and maintaining a com-
pensation grid under section 103(b)(2) and maintaining a
database for purposes of naming defendants under section
103(a)(1). In addition, the subpoena power under this sub-
section may be used by the OAC in order to secure financial
information from any defendant.
(d) CONFIDENTIALITY.—Any information or documen-
tary material concerning settlements which is specific to a
company, law firm, or plaintiff that is provided to the OAC
pursuant to subsection (b) or (c), whether by subpoena or
otherwise, shall be exempt from disclosure under section 552
of title 5, United States Code, and the disclosure of such
information by the OAC or any person is prohibited.
SEC. 108. LEGAL ASSISTANCE PROGRAM.
(a) IN GENERAL.—The OAC shall implement a legal
assistance program for the purpose of providing legal rep-
resentation to claimants. The OAC shall maintain a roster
of qualified counsel who agree to provide services to claim-
ants under rules, practices, and procedures established by
the Administrator.
(b) FREE CHOICE OF COUNSEL.—Claimants shall not
be required to use counsel provided or recommended by the
OAC, but shall retain their right to be assisted by counsel
of their choice.
(c) LEGAL ASSISTANCE.—The OAC shall adopt rules
concerning the reasonableness of fees, and all legal represen-
tation of persons asserting asbestos claims shall comply
with such rules.
SEC. 109. TIME LIMITS FOR DISPOSITIONS.
(a) IN GENERAL.—If the Medical Director fails to meet
the time limits for an initial decision provided under this
Act with respect to more than 30 percent of claims, then
the Administrator shall take such action as may be nec-
essary, including increasing staff and administrative as-