Furthering Asbestos Claim Transparency (FACT) Act of 2012 - Amends federal bankruptcy law concerning a trust formed under a plan of reorganization following the discharge in bankruptcy of a debtor corporation in order to assume the debtor's liability with respect to claims seeking recovery for personal injury, wrongful death, or property damage allegedly caused by the presence of, or exposure to, asbestos or asbestos-containing products.
Requires such trust to file with the bankruptcy court quarterly reports, available on the public docket, which describe each demand the trust has received from a claimant and the basis for any payment made to that claimant (excluding any confidential medical record or the claimant's full Social Security number).
Requires such reports, upon written request and subject to payment (demanded at the option of the trust) for reasonable costs, to provide any information related to payment from, and demands for payment from, the trust to any party to any action in law or equity if the subject concerns liability for asbestos exposure.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4369 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4369
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 the filing of such reports with the Executive Office for
United States Trustees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2012
Mr. Quayle (for himself, Mr. Matheson, and Mr. Ross of Florida)
introduced the following bill; which was 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 the filing of such reports with the Executive Office for
United States Trustees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Furthering Asbestos Claim
Transparency (FACT) Act of 2012''.
SEC. 2. AMENDMENTS.
Section 524(g) of title 11, the United States Code, is amended by
adding at the end the following:
``(8) A trust described in subsection (2) shall--
``(A) file with the bankruptcy court and the United States
Trustee, not later than 60 days after the end of every quarter,
a report that shall be made available on the court's public
docket and with respect to each such reporting period--
``(i) describes 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) does not include any confidential medical
record or the claimant's full social security number;
and
``(B) upon written 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.''.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply with respect to cases commenced under title 11 of the
United States Code before, on, or after the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, Commercial and Administrative Law.
Subcommittee Hearings Held.
Subcommittee on Courts, Commercial and Administrative Law Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 14.
Reported (Amended) by the Committee on Judiciary. H. Rept. 112-687.
Reported (Amended) by the Committee on Judiciary. H. Rept. 112-687.
Placed on the Union Calendar, Calendar No. 498.
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