Library / Laws / 113th / s / S. 2319 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2319
IN THE SENATE OF THE UNITED STATES
May 12, 2014
Mr. Flake introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 11 of the United States Code to require the public disclosure by trusts established
under section 524(g) of such title, of quarterly reports that contain
detailed information regarding the receipt and disposition of claims for
injuries based on exposure to asbestos, and for other purposes.
1.
Short title
This Act may be cited as the Furthering Asbestos Claim Transparency Act of 2014 or the FACT Act.
2.
Amendments
Section 524(g) of title 11, United States Code, is amended by adding at the end the following:
(8)
A trust described in paragraph (2) shall, subject to section 107—
(A)
not later than 60 days after the end of every quarter, file with the bankruptcy court a report
that—
(i) shall be made available on the court’s public docket; and
(ii) with respect
to such quarter—
(I)
shall describe each demand the trust received from, including the
name and exposure history of, a
claimant and the basis for any payment from the trust made to such
claimant; and
(II)
shall not include any confidential medical record or the claimant’s full social security number;
and
(B)
upon written request, and subject to payment (demanded at the option of the trust) for any
reasonable cost incurred by the trust to comply with such request, provide
in a timely manner any information related to payment from, and demands
for payment from, such trust, subject to appropriate protective orders, to
any party to any action in law or equity if the subject of such action
concerns liability for asbestos exposure.
.
3.
Effective date; application of amendments
This Act and the amendments made by this Act shall—
(1) take
effect on the date of the enactment of this Act; and
(2)
apply with respect to any case commenced under title 11 of the
United States Code before, on, or after the date of enactment of this
Act.