,,ii  #aafth ,,congress  #ast ,session  
,s4 #gff  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #ac1         
#bjai,mr4 ,tillis 7for himself1 ,mr4    
,grassley1 ,mr4 ,cornyn1 and ,mr4       
,crapo7 introduced the following bill2  
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to amend title #aa1 ,united ,states  
,code1 to promote the investigation of  
fraudulent claims against certain       
trusts1 to amend title #ah1 ,united     
,states ,code1 to provide penalties     
against fraudulent claims against       
certain trusts1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,providing ,responsible         
,oversight of ,trusts to ,ensure        
,compensation and ,transparency for     
,asbestos ,victims ,act of #bjai or the 
,,protect ,asbestos ,victims ,act of    
#bjai4  #b4 ,reduction of fraudulent    
claims and demands relating to certain  
trusts  7a7 ,in general ,section        
#ebd7;g7 of title #aa1 ,united ,states  

,code1 is amended-- 7#a7 in paragraph   
7#d77;,b77i71 by striking the court     
appoints a legal representative and     
inserting the ,united ,states trustee or
 bankruptcy administrator appoints1     
under paragraph 7#aj71 a future claims  
representative2 and  7#b7 by adding at  
the end the following3  7#h7            
,investigation of fraudulent claims and 
demands  7,a7 ,in general               
,notwithstanding section #cjb7;d77#c7 of
 the ,bankruptcy ,judges1 ,united       
,states ,trustees1 and ,family ,farmer  
,bankruptcy ,act of #aihf 7#bh ,u4,s4,c4
 #eha note71 rule #ijce of the ,federal 
,rules of ,bankruptcy ,procedure1 or any
 other provision of law1 in any judicial
 district of the ,united ,states1 the   
,united ,states trustee may investigate 
the administration and operation of a   
trust described in paragraph            
7#b77;,b77i71 including a trust         
described in paragraph 7#b77;,b77i7 that
 was created before the date of         
enactment of the ,,protect ,asbestos    

,victims ,act of #bjai4  7,b7 ,authority
 of the ,united ,states trustee ,in     
conducting an investigation under       
subparagraph 7,a71 the ,united ,states  
trustee shall have the authority--  7i7 
to conduct discovery1 including by any  
means of discovery available to a       
trustee in an action under chapter #e of
 title #aa1 relating to the trust1 a    
claimant of the trust1 or a claim       
against the trust1 including a claim    
filed by a claimant against the trust in
 a bankruptcy court or other forum1     
notwithstanding the effect of any order 
purporting to limit the access of the   
,united ,states trustee to any          
information relating to that discovery2 
7ii7 to conduct an audit or contract for
 an audit of any claim or demand paid1  
or to be paid1 in whole or in part by   
the trust2  7iii7 if the ,united ,states
 trustee has reasonable grounds to      
believe that a false claim or demand to 
be paid in whole or in part by a trust  
was made1 to refer the matter to the    

,united ,states attorney for the        
relevant judicial district1 and1 on the 
request of the ,united ,states attorney1
 assist the ,united ,states attorney in 
carrying out a prosecution based on that
 false claim or demand2 and  7iv7 to    
request that the court exercise any     
authority and impose remedies available 
to it1 including those--  7,i7 under the
 terms of the plan of reorganization to 
prevent abuse or mismanagement of the   
trust2 and  7,,ii7 under section #aje4  
7,c7 ,standing ,in carrying out this    
paragraph1 the ,united ,states trustee  
shall have standing to raise1 to appear1
 and to be heard on any matter for which
 the court has jurisdiction or for which
 the court has reserved jurisdiction    
under the terms of the plan of          
reorganization4  7#i7 ,accessing trust  
information  7,a7 ,in general ,subject  
to section #ajg and any appropriate     
protective order1 a trust described in  
paragraph 7#b77;,b77i7 shall1 on written
 request1 provide1 in a timely manner1  

any information relating to any payment 
from1 and any demand for payment from1  
the trust to a party to an action at law
 or equity if the action relates to     
liability for asbestos exposure4  7,b7  
,costs ,a trust described in paragraph  
7#b77;,b77i7 may require1 from the      
person making a request under           
subparagraph 7,a71 payment of any       
reasonable cost incurred to comply with 
the requirements under subparagraph     
7,a74  7#aj7 ,appointment of future     
claims representatives  7,a7 ,in general
 ,on notification by a plan proponent of
 the intention of the plan proponent to 
seek an injunction under this           
subsection1 the ,united ,states trustee 
or bankruptcy administrator1 after      
consultation with parties in interest1  
shall appoint1 subject to the approval  
of the court1 a disinterested individual
 to serve as the future claims          
representative4  7,b7 ,support  7i7 ,in 
general ,the future claims              
representative1 subject to the approval 

of the court1 may employ #a or more     
attorneys1 accountants1 or other        
professional persons to represent the   
future claims representative or assist  
the future claims representative in     
carrying out the duties of the future   
claims representative under this        
subsection4  7ii7 ,qualifications ,an   
attorney1 accountant1 or other          
professional person employed under      
clause 7i7 to represent or assist the   
future claims representative--  7,i7    
shall be a disinterested person2 and    
7,,ii7 may not represent any other      
entity having an adverse interest in    
connection with the case4  7#aa7 ,power 
of the court ,notwithstanding any other 
provision of law1 including paragraph   
7#a77;,b71 sections #aabg1 #aada1 and   
#aadd of this title1 and section #aeg of
 title #bh1 the court may issue any     
order1 process1 or judgment that is     
necessary and appropriate--  7,a7 to    
carry out the provisions of paragraphs  
7#h7 and 7#i72 or  7,b7 to enforce or   

implement a court order or prevent an   
abuse of process relating to a trust    
described in paragraph 7#b77;,b77i74    
7#ab7 ,benefits under ,medicare  7,a7   
,potential eligible claimants ,not later
 than #fj days after a claim is         
submitted to a trust described in       
paragraph 7#b77;,b77i71 the             
administrator of the trust shall        
determine whether the claimant is       
entitled to benefits under the ,medicare
 program under title ,,xviii of the     
,social ,security ,act 7#db ,u4,s4,c4   
#acie et seq474  7,b7 ,required         
information ,if a claimant is determined
 to be entitled to benefits under       
subparagraph 7,a71 the administrator of 
the trust shall submit to the ,secretary
 of ,health and ,human ,services1 in the
 form and manner 7including frequency7  
specified by the ,secretary of ,health  
and ,human ,services1 the information   
described in section #ahfb7;b77#h77;,b7 
of ,social ,security ,act 7#db ,u4,s4,c4
 #aciey7b77#h77;,b774  4  7b7           

,compensation ,section #ccj7;a77#a7 of  
title #aa1 ,united ,states ,code1 is    
amended-- 7#a7 by inserting a future    
claims representative appointed under   
section #ebd7;g77#aj77;,a71 after       
section #ccc12 and  7#b7 by inserting 1 
#ebd7;g77#aj77;,b71 after section #cbg4 
7c7 ,reopening cases ,section #cej of   
title #aa1 ,united ,states ,code1 is    
amended by adding at the end the        
following3  7c7 ,investigations by      
,united ,states trustee ,on the request 
of the ,united ,states trustee1 a case  
shall be reopened in the court in which 
that case was closed in order to enable 
the ,united ,states trustee to conduct  
an investigation under section          
#ebd7;g77#h74  4  #c4 ,criminal         
penalties ,section #aeb of title #ah1   
,united ,states ,code1 is amended-- 7#a7
 in paragraph 7#h71 by striking or after
 the semicolon2  7#b7 by striking the   
comma at the end of paragraph 7#i7 and  
inserting a semicolon2 and  7#c7 by     
inserting after paragraph 7#i7 the      

following3  7#aj7 knowingly and         
fraudulently makes a false              
representation to a trust described in  
section #ebd7;g77#b77;,b77i7 of title   
#aa1 or any official of a trust         
described in that section1 in relation  
to an investigation conducted under     
section #ebd7;g77#h77;,a7 of that title2
 or  7#aa7 knowingly and fraudulently   
makes a false claim or demand to be paid
 in whole or in part by a trust         
described in section                    
#ebd7;g77#b77;,b77i7 of title #aa1  4   
#d4 ,authority of ,united ,states       
trustee ,section #ehf of title #bh1     
,united ,states ,code1 is amended by    
adding at the end the following3  7g7   
,investigation of fraudulent claims and 
demands  7#a7 ,in general ,the ,united  
,states trustee may investigate the     
administration and operation of a trust1
 including a trust that was created     
before the date of enactment of the     
,,protect ,asbestos ,victims ,act of    
#bjai--  7,a7 described in section      

#ebd7;g77#b77;,b77i7 of title #aa2 or   
7,b7 established under section #aje7;a7 
of title #aa for the purpose of assuming
 the asbestos-related liabilities of a  
debtor4  7#b7 ,authority of the ,united 
,states trustee ,in conducting an       
investigation under subparagraph 7,a71  
the ,united ,states trustee shall have  
the authority--  7,a7 to conduct        
discovery1 including by any means of    
discovery available to a trustee in an  
action under chapter #e of title #aa1   
relating to the trust1 a claimant of the
 trust1 or a claim against the trust1   
including a claim filed by a claimant   
against the trust in a bankruptcy court 
or other forum1 notwithstanding the     
effect of any order purporting to limit 
the access of the ,united ,states       
trustee to any information relating to  
that discovery2  7,b7 to conduct an     
audit or contract for an audit of any   
claim or demand paid1 or to be paid1 in 
whole or in part by the trust2  7,c7 if 
the ,united ,states trustee has         

reasonable grounds to believe that a    
false claim or demand to be paid in     
whole or in part by a trust was made1 to
 refer the matter to the ,united ,states
 attorney for the relevant judicial     
district1 and1 on the request of the    
,united ,states attorney1 assist the    
,united ,states attorney in carrying out
 a prosecution based on that false claim
 or demand2 and  7,d7 to request that   
the court exercise any authority and    
impose remedies available to it1        
including those--  7i7 under the terms  
of the plan of reorganization to prevent
 abuse or mismanagement of the trust2   
and  7ii7 under section #aje4  7#c7     
,standing ,in carrying out this         
subsection1 the ,united ,states trustee 
shall have standing to raise1 to appear1
 and to be heard on any matter for which
 the court has jurisdiction or for which
 the court has reserved jurisdiction    
under the terms of the plan of          
reorganization4  7#d7 ,judicial         
districts established for ,alabama and  

,north ,carolina ,notwithstanding       
section #cjb7;d77#c7 of the ,bankruptcy 
,judges1 ,united ,states ,trustees1 and 
,family ,farmer ,bankruptcy ,act of     
#aihf 7#bh ,u4,s4,c4 #eha note71 rule   
#ijce of the ,federal ,rules of         
,bankruptcy ,procedure1 or any other    
provision of law1 the ,united ,states   
trustee for the appropriate region      
described in section #eha7;a7 shall have
 the authority to carry out this        
subsection with respect to a trust      
described in paragraph 7#a7 in a case   
that is filed in a judicial district    
established for the ,state of ,alabama  
or ,north ,carolina4  4