SEC. 303. ELECTION OF ADMINISTRATIVE PROCESS; SET-
TLEMENT OFFERS.
(a) NAMING AND NOTIFICATION OF DEFENDANTS.—
Medically eligible claimants, other than those who elect to
file suit in court under section 302(f), shall name defend-
ants. Defendants shall receive notice from the Adminis-
trator.
(1) IDENTIFICATION OF DEFENDANTS ASSOCI-
ATED
WITH
WORK
SITES.—At the claimant’s re-
quest, the Administrator will provide information
concerning any person in Los Alamos, New Mexico
who may have provided asbestos or asbestos-con-
taining products or materials to work sites named by
the claimant and when such asbestos or asbestos-
containing products or materials may have been pro-
vided as well as the time such products or materials
were located at the named work sites. The Adminis-
trator may implement this paragraph through rule-
making.
(2) VERIFIED PARTICULARIZED STATEMENT.—
Within such time after receiving a certificate of med-
ical eligibility as may be provided by rule, a claimant
shall provide, with respect to each person that the
claimant alleges is responsible for the injury claimed,
a verified particularized statement of the basis for
the allegation that the person is or may be respon-
sible for the injury. The particularized statement
shall include such information as the Administrator
may require for the purpose of providing the defend-
ant with a reasonable basis for making an offer of
settlement. The claimant may incorporate by ref-
erence any information required by this paragraph
that may already have been submitted to the OAC.
(3) NOTICE.—Upon finding that the claimant’s
particularized statement meets the requirements of
paragraph (2), the Administrator shall provide no-
tice to each named defendant. The defendant shall
at the same time be furnished with a copy of all par-
ticularized statements submitted by the claimant
under paragraph (2) and, subject to reasonable rules
protecting the confidentiality of information provided
by the claimant, a copy of all information submitted
by the claimant, records and other information ob-
tained by the Medical Director relating to the claim
and the results of any medical tests administered at
the direction of the Medical Director. Any defendant
may provide any information relevant to the amount
of any recommended settlement under subsection
(b), including information regarding product identi-
fication, exposure, and damages.
(4) THIRD-PARTY PRACTICE.—Defendants may
assert third-party claims in accordance with rules
adopted by the Administrator. Third-party claimants
shall provide a verified particularized statement,
meeting the requirements of paragraph (2), substan-
tiating the allegation that the third-party defendant
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 COMPENSA-
TION 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
compensation grid which shall be established and
regularly revised by rule.
SEC. 304. 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
303(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 set-
tlements.
(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 303(b)(1) or 303(b)(2).
(c) ORPHAN SHARES.—The Trustee shall not make
an offer to the claimant under section 303(b) if no solvent
defendant 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 303(b)(1) or may prosecute the claim
against any defendant as provided in section 305, 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 305 or opt out of further ad-
ministrative proceedings and file suit in a State or Federal
court.
SEC. 305. ADMINISTRATIVE ADJUDICATION.
If a claimant elects adjudication under this section,
the OAC shall assign an Administrative Law Judge to
conduct a hearing on the record and to determine whether
compensation is to be provided and the amount of such
compensation. The Administrative Law Judge shall ad-
here to the law applicable to asbestos adjudications as con-
tained in sections 310 through 318. The Administrative
Law Judge shall issue a decision, containing findings of
fact and conclusions of law, as expeditiously as possible,
but not later than 90 days after the case is assigned.
SEC. 306. APPEALS; JUDICIAL REVIEW.
Any person aggrieved by a final decision of the Ad-
ministrator under section 305 or a final denial by the
Medical Director under section 302, may seek review of
that decision or denial in the United States Court of Fed-
eral Claims, which shall uphold the decision or denial if
it is supported by substantial evidence and is not contrary
to law. A decision 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. 307. GATHERING AND MAINTENANCE OF INFORMA-
TION.
(a) PRODUCT IDENTIFICATION.—The OAC shall col-
lect and regularly update information regarding product
identification and shall make such information publicly
available. The data base maintained by the OAC under
this section is for information purposes only, and the pres-
ence of information in that database shall not lead to any
presumption.
(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 303(b)(2) and maintaining
a database for purposes of naming defendants under sec-
tion 303(a)(1). In addition, the subpoena power under this