I 

108TH CONGRESS 

1ST SESSION H. R. 1586

To provide for the fair and efficient judicial consideration of personal injury 

and wrongful death claims arising out of asbestos exposure, to ensure 

that individuals who suffer impairment, now or in the future, from 

illnesses caused by exposure to asbestos receive compensation for their 

injuries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2003

Mr. CANNON introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To provide for the fair and efficient judicial consideration 

of personal injury and wrongful death claims arising 

out of asbestos exposure, to ensure that individuals who 

suffer impairment, now or in the future, from illnesses 

caused by exposure to asbestos receive compensation for 

their injuries, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Asbestos Compensation Fairness Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—
2

•HR 1586 IH 

Sec. 1. Short title; table of contents. 

Sec. 2 Findings and purposes. 

Sec. 3. Physical impairment. 

Sec. 4. Procedures; removal. 

Sec. 5. Statute of limitations; two-disease rule. 

Sec. 6. Scope of liability; damages. 

Sec. 7. Liability rules applicable to product sellers, renters, and lessors. 

Sec. 8. Definitions. 

Sec. 9. Miscellaneous provisions. 

Sec. 10. Effective date.

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—The Congress finds that—

3 (1) asbestos is a mineral that was widely used 

4 prior to the 1980s for insulation, fire-proofing, and 

5 other purposes; 

6 (2) millions of American workers and others 

7 were exposed to asbestos, especially during and after 

8 World War II and prior to the advent of regulation 

9 by the Occupational Safety and Health Administra10 tion in the early 1970s; 

11 (3) long-term exposure to asbestos has been as12 sociated with various types of cancer, including 

13 mesothelioma and lung cancer, as well as such non14 malignant conditions as asbestosis, pleural plaques, 

15 and diffuse pleural thickening; 

16 (4) the diseases caused by asbestos often have 

17 long latency periods; 

18 (5) although the use of asbestos has dramati19 cally declined since 1980 and workplace exposures 

20 have been regulated since 1971 by the Occupational 
3

•HR 1586 IH 

1 Safety & Health Administration, past exposures will 

2 continue to result in significant claims of death and 

3 disability as a result of such exposure; 

4 (6) exposure to asbestos has created a flood of 

5 litigation in state and Federal courts that the 

6 United States Supreme Court has characterized as 

7 ‘‘an elephantine mass’’ of cases that ‘‘defies cus8 tomary judicial administration and calls for national 

9 legislation,’’ Ortiz v. Fibreboard Corporation, 119 S. 

10 Ct. 2295, 2302 (1999); 

11 (7) asbestos personal injury litigation can be 

12 unfair and inefficient, imposing a severe burden on 

13 litigants and taxpayers alike; 

14 (8) the extraordinary volume of nonmalignant 

15 asbestos cases continues to strain state and Federal 

16 courts, with over 200,000 cases currently pending 

17 and over 50,000 new cases filed each year; 

18 (9) asbestos personal injury litigation has al19 ready contributed to the bankruptcy of more than 

20 60 companies, including nearly all manufacturers of 

21 asbestos textile and insulation products, and the rate 

22 of asbestos-driven bankruptcies is accelerating; 

23 (10) the vast majority of asbestos claims are 

24 filed by individuals who allege they have been ex25 posed to asbestos and who may have some physical 
4

•HR 1586 IH 

1 sign of exposure, but who suffer no present asbestos2 related impairment; 

3 (11) the cost of compensating exposed individ4 uals who are not sick jeopardizes the ability of de5 fendants to compensate people with cancer and other 

6 serious asbestos-related diseases, now and in the fu7 ture; threatens the savings, retirement benefits, and 

8 jobs of defendants’ current and retired employees; 

9 adversely affects the communities in which these de10 fendants operate; and impairs the national economy 

11 and interstate commerce; 

12 (12) the several thousand asbestos-related can13 cer cases that are filed each year are manageable by 

14 the courts and the litigants; 

15 (13) concerns about statutes of limitations can 

16 force claimants who have been exposed to asbestos 

17 but who have no current injury to bring premature 

18 lawsuits in order to protect against losing their 

19 rights to future compensation should they become 

20 impaired; 

21 (14) consolidations, joinder, and similar proce22 dures, to which some courts have resorted in order 

23 to deal with the mass of asbestos cases, can under24 mine the appropriate functioning of the judicial 

25 process and encourage the filing of thousands of 
5

•HR 1586 IH 

1 cases by exposed individuals who are not yet sick 

2 and who may never become sick; 

3 (15) similarly, the availability of sympathetic 

4 forums in states with no connection to the plaintiff 

5 or to the exposures that form the basis of the law6 suit has encouraged the filing of thousands of cases 

7 on behalf of exposed individuals who are not yet sick 

8 and may never become sick; 

9 (16) excessive, unpredictable, and often arbi10 trary damage awards and unfair allocations of liabil11 ity jeopardize the financial well-being of many indi12 viduals, businesses, and entire industries, particu13 larly the nation’s small businesses; 

14 (17) punitive damage awards unfairly divert the 

15 resources of defendants from compensating genu16 inely impaired claimants and, given the lengthy his17 tory of asbestos litigation and the regulatory restric18 tions on the use of asbestos-containing products in 

19 the workplace, the legal justification for such 

20 awards—punishment and deterrence—is either inap21 plicable or inappropriate; and

22 (18) the public interest and the interest of 

23 interstate commerce requires deferring the claims of 

24 exposed individuals who are not sick in order to pre25 serve, now and for the future, defendants’ ability to 
6

•HR 1586 IH 

1 compensate people who develop cancer and other se2 rious asbestos-related injuries and to safeguard the 

3 jobs, benefits and savings of American workers and 

4 the well-being of the national economy. 

5 (b) PURPOSES.—It is the purpose of this Act to—

6 (1) give priority to those asbestos claimants 

7 who can demonstrate actual physical harm or illness 

8 caused by exposure to asbestos; 

9 (2) fully preserve the rights of claimants who 

10 were exposed to asbestos to pursue compensation 

11 should they become impaired in the future as a re12 sult of such exposure; 

13 (3) enhance the ability of the State and Federal 

14 judicial systems to supervise and control asbestos 

15 litigation and asbestos-related bankruptcy pro16 ceedings; and 

17 (4) conserve the scarce resources of the defend18 ants, and marshal assets in bankruptcy, to allow 

19 compensation of cancer victims and others who are 

20 physically impaired by exposure to asbestos while se21 curing the right to similar compensation for those 

22 who may suffer physical impairment in the future. 

23 SEC. 3. PHYSICAL IMPAIRMENT. 

24 (a) IMPAIRMENT ESSENTIAL ELEMENT OF CLAIM.—

25 Physical impairment of the exposed person, to which as-
7

•HR 1586 IH 

1 bestos exposure was a substantial contributing factor, 

2 shall be an essential element of an asbestos claim. 

3 (b) PRIMA FACIE EVIDENCE OF PHYSICAL IMPAIR4 MENT FOR NONMALIGNANT ASBESTOS CLAIMS.—No per5 son shall bring or maintain a civil action alleging a non6 malignant asbestos claim in the absence of a prima facie 

7 showing of physical impairment as a result of a medical 

8 condition to which exposure to asbestos was a substantial 

9 contributing factor. Such a prima facie showing shall in10 clude all of the following minimum requirements: 

11 (1) Evidence verifying that a qualified physician 

12 has taken a detailed occupational and exposure his13 tory of the exposed person or, if such person is de14 ceased, from the person who is the most knowledge15 able about the exposures that form the basis of the 

16 nonmalignant asbestos claim, including—

17 (A) all of the exposed person’s principal 

18 places of employment and exposures to airborne 

19 contaminants; and 

20 (B) whether each place of employment in21 volved exposures to airborne contaminants (in22 cluding but not limited to asbestos fibers or 

23 other disease causing dusts) that can cause pul24 monary impairment and the nature, duration 

25 and level of any such exposure. 
8

•HR 1586 IH 

1 (2) Evidence verifying that a qualified physician 

2 has taken detailed medical and smoking history, in3 cluding a thorough review of the exposed person’s 

4 past and present medical problems, and their most 

5 probable cause. 

6 (3) A determination by a qualified physician, on 

7 the basis of a medical examination and pulmonary 

8 function testing, that the exposed person has a per9 manent respiratory impairment rating of at least 

10 Class 2 as defined by and evaluated pursuant to the 

11 AMA Guides to the Evaluation of Permanent Im12 pairment. 

13 (4) A diagnosis by a qualified physician of as14 bestosis or diffuse pleural thickening, based at a 

15 minimum on radiological or pathological evidence of 

16 asbestosis or radiological evidence of diffuse pleural 

17 thickening. 

18 (5) A determination by a qualified physician 

19 that asbestosis or diffuse pleural thickening (rather 

20 than solely chronic obstructive pulmonary disease) is 

21 a substantial contributing factor to the exposed per22 son’s physical impairment, based at a minimum on 

23 a determination that the exposed person has—
9

•HR 1586 IH 

1 (A) total lung capacity, by plethysmog2 raphy or timed gas dilution, below the predicted 

3 lower limit of normal; 

4 (B) forced vital capacity below the lower 

5 limit of normal and a ratio of FEV1 to FVC 

6 that is equal to or greater than the predicted 

7 lower limit of normal; or 

8 (C) a chest x-ray showing small, irregular 

9 opacities (s,t) graded by a certified B-reader at 

10 least 2/1 on the ILO scale. 

11 (c) PRIMA FACIE EVIDENCE OF ASBESTOS-RELATED

12 LUNG CANCER.—No person shall bring or maintain a civil 

13 action alleging an asbestos claim which is based upon lung 

14 cancer, in the absence of a prima facie showing which shall 

15 include the following minimum requirements: 

16 (1) Diagnosis by a Board-certified pathologist, 

17 pulmonary specialist, or oncologist of a primary lung 

18 cancer and that exposure to asbestos was a substan19 tial contributing factor to the condition. 

20 (2) Evidence sufficient to demonstrate that at 

21 least 10 years have elapsed between the date of first 

22 exposure to asbestos and the date of diagnosis of the 

23 lung cancer. 
10

•HR 1586 IH 

1 (3) Depending on whether the exposed person 

2 has a history of smoking, the requirements of either 

3 (A) or (B) below—

4 (A) in the case of an exposed person who 

5 is a nonsmoker, either—

6 (i) radiological or pathological evi7 dence of asbestosis or radiological evidence 

8 of diffuse pleural thickening; or 

9 (ii) evidence of occupational exposure 

10 to asbestos for the following minimum ex11 posure periods in the specified occupations: 

12 (I) 5 exposure years for in13 sulators, shipyard workers, workers in 

14 manufacturing plants handling raw 

15 asbestos, boilermakers, shipfitters, 

16 steamfitters, or other trades per17 forming similar functions; 

18 (II) 10 exposure years for utility 

19 and power house workers, secondary 

20 manufacturing workers, or other 

21 trades performing similar functions; 

22 or

23 (III) 15 exposure years for gen24 eral construction, maintenance work25 ers, chemical and refinery workers, 
11

•HR 1586 IH 

1 marine engine room personnel and 

2 other personnel on vessels, stationary 

3 engineers and firemen, railroad engine 

4 repair workers, or other trades per5 form in similar functions; 

6 (B) in the case of an exposed person who 

7 is a smoker, the criteria contained in both 

8 (A)(i) and (A)(ii) must be met. 

9 (d) PRIMA FACIE EVIDENCE OF ASBESTOS-RELATED

10 OTHER CANCER.—No person shall bring or maintain a 

11 civil action alleging an asbestos claim which is based upon 

12 cancer of the colon, rectum, larynx, pharynx, esophagus, 

13 or stomach, in the absence of a prima facie showing which 

14 shall include the following minimum requirements: 

15 (1) A diagnosis by a Board-certified patholo16 gist, Board-certified pulmonary specialist, or Board17 certified oncologist (as appropriate for the type of 

18 cancer claimed) of primary cancer of the colon, rec19 tum, larynx, pharynx, esophagus, or stomach, and 

20 that exposure to asbestos was a substantial contrib21 uting factor to the condition. 

22 (2) Evidence sufficient to demonstrate that at 

23 least 10 years have elapsed between the date of first 

24 exposure to asbestos and the date of diagnosis of the 

25 cancer. 
12

•HR 1586 IH 

1 (3) The requirements of either (A) or (B) 

2 below—

3 (A) radiological or pathological evidence of 

4 asbestosis or radiological evidence of diffuse 

5 pleural thickening; 

6 (B) evidence of occupational exposure to 

7 asbestos for the following minimum exposure 

8 periods in the specified occupations: 

9 (i) 5 exposure years for insulators, 

10 shipyard workers, workers in manufac11 turing plants handling raw asbestos, boiler12 makers, shipfitters, steamfitters, or other 

13 trades performing similar functions; 

14 (ii) 10 exposure years for utility and 

15 power house workers, secondary manufac16 turing workers, or other trades performing 

17 similar functions; or 

18 (iii) 15 exposure years for general 

19 construction, maintenance workers, chem20 ical and refinery workers, marine engine 

21 room personnel and other personnel on 

22 vessels, stationary engineers and firemen, 

23 railroad engine repair workers, or other 

24 trades performing similar functions. 
13

•HR 1586 IH 

1 (e) NO PRIMA FACIE REQUIREMENT FOR MESOTHE2 LIOMA.—In a civil action alleging an asbestos claim based 

3 upon mesothelioma, no prima facie showing is required. 

4 (f) COMPLIANCE WITH TECHNICAL STANDARDS.—

5 Evidence relating to physical impairment under this sec6 tion, including pulmonary function testing and diffusing 

7 studies, shall comply with the technical recommendations 

8 for examinations, testing procedures, quality assurance/

9 quality control, and equipment of the AMA Guides to the 

10 Evaluation of Permanent Impairment or, where the AMA 

11 Guides are silent, other authoritative standards. No ad12 justments with respect to pulmonary function testing shall 

13 be made on the basis of race. 

14 (g) NO PRESUMPTION AT TRIAL.—Presentation of 

15 prima facie evidence meeting the requirements of sub16 section (b), (c), or (d) of this section shall not—

17 (1) result in any presumption at trial that the 

18 exposed person is impaired by an asbestos-related 

19 condition; 

20 (2) be conclusive as to the liability of any de21 fendant; and 

22 (3) be admissible at trial. 

23 SEC. 4. PROCEDURES; REMOVAL. 

24 (a) CONSOLIDATION.—A court may consolidate for 

25 trial any number and type of asbestos claims with consent 
14

•HR 1586 IH 

1 of all the parties. In the absence of such consent, the court 

2 may consolidate for trial only asbestos claims relating to 

3 the same exposed person and members of his or her house4 hold. 

5 (b) VENUE.—A civil action alleging an asbestos claim 

6 may only be brought in the State of plaintiff’s domicile 

7 or a State in which there occurred exposure to asbestos 

8 that is a substantial contributing factor to the physical 

9 impairment on which the claim is based. 

10 (c) PRELIMINARY PROCEEDINGS.—The plaintiff in 

11 any civil action alleging an asbestos claim shall file to12 gether with the complaint or other initial pleading a writ13 ten report and supporting test results constituting prima 

14 facie evidence of the exposed person’s asbestos-related im15 pairment meeting the requirements of subsection (b), (c), 

16 or (d) of section 3. For any asbestos claim pending on 

17 the effective date of this Act, the plaintiff shall file such 

18 a written report and supporting test results no later than 

19 60 days following the effective date, or no later than 30 

20 days prior to trial. The defendant shall be afforded a rea21 sonable opportunity to challenge the adequacy of the prof22 fered prima facie evidence of asbestos-related impairment. 

23 The plaintiff’s claim shall be dismissed without prejudice 

24 upon a finding of failure to make the required prima facie 

25 showing. 
15

•HR 1586 IH 

1 (d) REMOVAL.—

2 (1) In the event that a State court refuses or 

3 fails to apply subsections (a), (b), or (c) of this sec4 tion, any party in a civil action for an asbestos claim 

5 may remove such action to a district court of the 

6 United States in accordance with chapter 89 of title 

7 28, United States Code. The district courts of the 

8 United States shall have jurisdiction of all civil ac9 tions removed pursuant to this subsection, without 

10 regard to the amount in controversy and without re11 gard to the citizenship or residence of the parties. 

12 Any defendant without the consent of all defendants 

13 may remove a civil action to the district court of the 

14 United States in accordance with this subsection. 

15 (2) The district court shall remand any civil ac16 tion removed solely under subsection (c) unless it 

17 finds that the State court failed to comply with pro18 cedures prescribed by law or that its failure to dis19 miss lacked substantial support in the record before 

20 it. 

21 SEC. 5. STATUTE OF LIMITATIONS; TWO-DISEASE RULE. 

22 (a) STATUTE OF LIMITATIONS.—Notwithstanding 

23 any other provision of law, with respect to any asbestos

24 claim not barred as of the effective date of this Act, the 

25 limitations period shall not begin to run until the exposed 
16

•HR 1586 IH 

1 person discovers, or through the exercise of reasonable 

2 diligence should have discovered, that the he or she is 

3 physically impaired by an asbestos-related condition. 

4 (b) TWO-DISEASE RULE.—An asbestos claim arising 

5 out of a nonmalignant condition shall be a distinct cause 

6 of action from an asbestos claim relating to the same ex7 posed person arising out of asbestos-related cancer. No 

8 damages shall be awarded for fear or risk of cancer in 

9 any civil action asserting an asbestos claim. 

10 (c) GENERAL RELEASES FROM LIABILITY PROHIB11 ITED.—No settlement of a nonmalignant asbestos claim 

12 concluded after the date of enactment shall require, as a 

13 condition of settlement, release of any future claim for as14 bestos-related cancer. 

15 SEC. 6. SCOPE OF LIABILITY; DAMAGES. 

16 (a) PROPORTIONAL LIABILITY.—A defendant against 

17 whom a final judgment is entered in a civil action alleging 

18 an asbestos claim shall be liable only for that portion of 

19 the judgment that corresponds to the percentage of re20 sponsibility of such defendant. For the purposes of deter21 mining the percentage of responsibility of a defendant, the 

22 trier-of-fact shall determine that percentage as a percent23 age of the total fault of all persons (including the plaintiff 

24 and those who have filed for bankruptcy protection) who 

25 are responsible for the harm to the plaintiff, regardless 
17

•HR 1586 IH 

1 of whether or not such person is a party to the action. 

2 This provision shall apply only to a defendant that is 

3 found to be less than 50 percent responsible for the harm 

4 to the plaintiff. The court shall render a separate judg5 ment against each defendant in an amount determined 

6 pursuant to this subsection. 

7 (b) NONECONOMIC LOSS.—In any civil action alleg8 ing an asbestos claim, the total amount of damages that 

9 may be awarded for noneconomic loss shall not exceed 

10 $250,000 or three times economic loss, whichever is great11 er, regardless of the number of parties against whom the 

12 action is brought. However, in actions involving an asbes13 tos claim based upon mesothelioma the total amount of 

14 damages that may be awarded for noneconomic loss shall 

15 not exceed $500,000 or three times economic loss, which16 ever is greater. 

17 (c) PUNITIVE DAMAGES.—No punitive damages shall 

18 be awarded in any civil action alleging an asbestos claim. 

19 (d) COLLATERAL SOURCE PAYMENTS.—At the time 

20 a complaint is filed in a civil action alleging an asbestos 

21 claim, the plaintiff must file a written report with the 

22 court that discloses the total amount of any collateral 

23 source payments received, including payments which the 

24 plaintiff will receive in the future, as a result of settle25 ments or judgments based upon the same claim. For any 
18

•HR 1586 IH 

1 asbestos claim pending on the date of enactment of this 

2 Act, the plaintiff shall file such written report no later 

3 than 60 days after the date of enactment, or no later than 

4 30 days prior to trial. Further, the plaintiff shall be re5 quired to update this report on a regular basis during the 

6 course of the proceeding until a final judgment is entered 

7 in the case. The court shall ensure that the information 

8 contained in the initial and updated reports is treated as 

9 privileged and confidential and that the contents of the 

10 written reports shall not be disclosed to anyone except the 

11 other parties to the action. 

12 SEC. 7. LIABILITY RULES APPLICABLE TO PRODUCT SELL13 ERS, RENTERS, AND LESSORS. 

14 (a)(1) IN GENERAL.—In any civil action alleging an 

15 asbestos claim, a product seller other than a manufacturer 

16 shall be liable to a plaintiff only if the plaintiff establishes 

17 that—

18 (A)(i) the product that allegedly caused the 

19 harm that is the subject of the complaint was sold, 

20 rented, or leased by the product seller; 

21 (ii) the product seller failed to exercise reason22 able care with respect to the product; and 

23 (iii) the failure to exercise reasonable care was 

24 a proximate cause of the harm to the exposed per25 son; 
19

•HR 1586 IH 

1 (B)(i) the product seller made an express war2 ranty applicable to the product that allegedly caused 

3 the harm that is the subject of the complaint, inde4 pendent of any express warranty made by the manu5 facturer as to the same product; 

6 (ii) the product failed to conform to the war7 ranty; and 

8 (iii) the failure of the product to conform to the 

9 warranty caused the harm to the exposed person; or 

10 (C)(i) the product seller engaged in intentional 

11 wrongdoing, as determined under applicable State 

12 law; and 

13 (ii) the intentional wrongdoing caused the harm 

14 that is the subject of the complaint. 

15 (2) REASONABLE OPPORTUNITY FOR INSPECTION.—

16 For the purposes of paragraph (1)(A)(i), a product seller 

17 shall not be considered to have failed to exercise reason18 able care with respect to a product based upon an alleged 

19 failure to inspect the product, if—

20 (A) the failure occurred because there was no 

21 reasonable opportunity to inspect the product; or

22 (B) the inspection, in the exercise of reasonable 

23 care, would not have revealed the aspect of the prod24 uct that allegedly caused the exposed person’s im25 pairment. 
20

•HR 1586 IH 

1 (b) RENTED OR LEASED PRODUCTS.—In any civil 

2 action alleging an asbestos claim, a person engaged in the 

3 business of renting or leasing a product shall not be liable 

4 for the tortious act of another solely by reason of owner5 ship of that product. 

6 SEC. 8. DEFINITIONS. 

7 In this Act: 

8 (1) AMA GUIDES TO THE EVALUATION OF PER9 MANENT IMPAIRMENT.—The term ‘‘AMA Guides to 

10 the Evaluation of Permanent Impairment’’ means 

11 the American Medical Association’s Guides to the 

12 Evaluation of Permanent Impairment (Fifth Edition 

13 2000) as may be modified from time to time by the 

14 American Medical Association. 

15 (2) ASBESTOS.—The term ‘‘asbestos’’ includes 

16 all minerals defined as ‘‘asbestos’’ in 29 CFR 1910 

17 as amended from time to time. 

18 (3) ASBESTOS CLAIM.—The term ‘‘asbestos 

19 claim’’ means any claim for damages or other relief 

20 presented in a civil action or bankruptcy proceeding, 

21 arising out of, based on, or related to the health ef22 fects of exposure to asbestos, including loss of con23 sortium and any other derivative claim made by or 

24 on behalf of any exposed person or any representa25 tive, spouse, parent, child or other relative of any ex-
21

•HR 1586 IH 

1 posed person. The term does not include claims for 

2 benefits under a workers’ compensation law or vet3 erans’ benefits program, or claims brought by any 

4 person as a subrogee by virtue of the payment of 

5 benefits under a workers’ compensation law. 

6 (4) ASBESTOSIS.—The term ‘‘asbestosis’’ 

7 means bilateral diffuse interstitial fibrosis of the 

8 lungs caused by inhalation of asbestos fibers. 

9 (5) BANKRUPTCY PROCEEDING.—The term 

10 ‘‘bankruptcy proceeding’’ means a case brought 

11 under title 11, United State Code, or any related 

12 proceeding as provided in section 157 of title 28, 

13 United States Code. 

14 (6) CERTIFIED B-READER.—The term ‘‘cer15 tified B-reader’’ means an individual qualified as a 

16 ‘‘final’’ or ‘‘B-reader’’ under 42 CFR 37.51(b) as 

17 amended. 

18 (7) CIVIL ACTION.—The term ‘‘civil action’’ 

19 means all suits or claims of a civil nature in State 

20 or Federal court, whether cognizable as cases at law 

21 or in equity or in admiralty, including an asbestos 

22 claim in a bankruptcy proceeding. The term does not 

23 include an action relating to any workers’ compensa24 tion law, or a proceeding for benefits under any vet25 erans’ benefits program. 
22

•HR 1586 IH 

1 (8) ECONOMIC LOSS.—The term ‘‘economic 

2 loss’’ means any pecuniary loss resulting from phys3 ical impairment, including the loss of earnings or 

4 other benefits related to employment, medical ex5 pense loss, replacement services loss, loss due to 

6 death, burial costs, and loss of business or employ7 ment opportunities. 

8 (9) EXPOSED PERSON.—The term ‘‘exposed 

9 person’’ means any person whose exposure to asbes10 tos or to asbestos-containing products is the basis 

11 for an asbestos claim. 

12 (10) EXPOSURE YEARS.—The term ‘‘exposure 

13 years’’ means—

14 (A) each single year of exposure prior to 

15 1972 will be counted as one year; 

16 (B) each single year of exposure from 

17 1972 through 1979 will be counted as one-half 

18 year; 

19 (C) exposure after 1979 will not be count20 ed, except that each year from 1972 forward 

21 for which the plaintiff can establish exposure 

22 exceeding the OSHA limit for 8-hour time23 weighted average airborne concentration for a 

24 substantial portion of the year will count as one 

25 year. 
23

•HR 1586 IH 

1 (11) FEV1.—The term ‘‘FEV1’’ means forced 

2 expiratory volume in the first second, which is the 

3 maximal volume of air expelled in one second during 

4 performance of simple spirometric tests. 

5 (12) FVC.—The term ‘‘FVC’’ means forced 

6 vital capacity which is the maximal volume of air ex7 pired with maximum effort from a position of full in8 spiration. 

9 (13) ILO SCALE.—The term ‘‘ILO Scale’’ 

10 means the system for the classification of chest x11 rays set forth in the International Labour Office’s 

12 Guidelines for the Use of ILO International Classi13 fication of Radiographs of Pneumoconioses (1980) 

14 as amended from time to time by the International 

15 Labour Office. 

16 (14) LUNG CANCER.—The term ‘‘lung cancer’’ 

17 means a malignant tumor located inside of the 

18 lungs, but such term does not include an asbestos 

19 claim based upon mesothelioma. 

20 (15) MESOTHELIOMA.—The term ‘‘mesothe21 lioma’’ means a malignant tumor with a primary site 

22 in the pleura or the peritoneum, which has been di23 agnosed by a Board-certified pathologist, using 

24 standardized and accepted criteria of microscopic 

25 morphology and/or appropriate staining techniques. 
24

•HR 1586 IH 

1 (16) NONECONOMIC LOSS.—The term ‘‘non2 economic loss’’ means subjective, nonmonetary loss 

3 resulting from physical impairment, including pain, 

4 suffering, inconvenience, mental anguish, emotional 

5 distress, disfigurement, loss of society and compan6 ionship, loss of consortium, injury to reputation, or 

7 any other nonpecuniary loss of any kind or nature. 

8 (17) NONMALIGNANT CONDITION.—The term 

9 ‘‘nonmalignant condition’’ means any condition that 

10 is caused or may be caused by asbestos other than 

11 a diagnosed cancer. 

12 (18) NONSMOKER.—The term ‘‘nonsmoker’’ 

13 means the exposed person has not smoked cigarettes 

14 or used any other tobacco products within the last 

15 15 years. 

16 (19) PATHOLOGICAL EVIDENCE OF ASBES17 TOSIS.—The term ‘‘pathological evidence of asbes18 tosis’’ means a statement by a Board-certified pa19 thologist that more than one representative section 

20 of lung tissue uninvolved with any other disease 

21 process demonstrates a pattern of peribronchiolar or

22 parenchymal scarring in the presence of char23 acteristic asbestos bodies and that there is no other 

24 more likely explanation for the presence of the fibro25 sis. 
25

•HR 1586 IH 

1 (20) PREDICTED LOWER LIMIT OF NORMAL.—

2 The term ‘‘predicted lower limit of normal’’ for any 

3 test means the fifth percentile of healthy populations 

4 based on age, height, and gender, as referenced in 

5 the AMA Guides to the Evaluation of Permanent 

6 Impairment. 

7 (21) PUNITIVE DAMAGES.—The term ‘‘punitive 

8 damages’’ means damages awarded against a de9 fendant in order to punish or deter such defendant 

10 or others from engaging in similar behavior in the 

11 future. 

12 (22) QUALIFIED PHYSICIAN.—The term ‘‘quali13 fied physician’’ means a medical doctor, who—

14 (A) is a Board-certified internist, on15 cologist, pathologist, pulmonary specialist, radi16 ologist, or specialist in occupational and envi17 ronmental medicine; 

18 (B) is actually treating or treated the ex19 posed person, and has or had a doctor-patient 

20 relationship with such person; 

21 (C) spends no more than 10 percent of his/

22 her professional practice time in providing con23 sulting or expert services in connection with ac24 tual or potential civil actions, and whose med25 ical group, professional corporation, clinic, or 
26

•HR 1586 IH 

1 other affiliated group earns not more than 20 

2 percent of their revenues from providing such 

3 services; 

4 (D) is currently licensed to practice and 

5 actively practices in the State where the plain6 tiff resides or where the plaintiff’s civil action 

7 was filed; and 

8 (E) receives or received payment for the 

9 treatment of the exposed person from that per10 son’s health maintenance organization or other 

11 medical provider. 

12 (23) RADIOLOGICAL EVIDENCE OF ASBES13 TOSIS.—The term ‘‘radiological evidence of asbes14 tosis’’ means a chest x-ray showing small, irregular 

15 opacities (s,t) graded by a certified B-reader as at 

16 least 1/1 on the ILO scale. 

17 (24) RADIOLOGICAL EVIDENCE OF DIFFUSE

18 PLEURAL THICKENING.—The term ‘‘radiological evi19 dence of diffuse pleural thickening’’ means a chest 

20 x-ray showing bilateral pleural thickening of at least 

21 B2 on the ILO scale and blunting of at least one 

22 costophrenic angle. 

23 (25) SMOKER.—The term ‘‘smoker’’ means a 

24 person who has smoked cigarettes or used other to25 bacco products within the last 15 years. 
27

•HR 1586 IH 

1 (26) STATE.—The term ‘‘State’’ means any 

2 State of the United States, the District of Columbia, 

3 Commonwealth of Puerto Rico, the Northern Mar4 iana Islands, the Virgin Islands, Guam, American 

5 Samoa, and any other territory or possession of the 

6 United States or any political subdivision of any of 

7 the foregoing. 

8 (27) SUBSTANTIAL CONTRIBUTING FACTOR.—

9 The term ‘‘substantial contributing factor’’ means—

10 (A) exposure to asbestos is the predomi11 nate cause of the physical impairment alleged in 

12 the asbestos claim; 

13 (B) the exposure to asbestos took place on 

14 a regular basis over an extended period of time 

15 and in close proximity to the exposed person; 

16 and 

17 (C) a qualified physician has determined 

18 with a reasonable degree of medical certainly 

19 that the physical impairment of the exposed 

20 person would not have occurred but for the as21 bestos exposures. 

22 (28) VETERANS’ BENEFITS PROGRAM.—The 

23 term ‘‘veterans’ benefits program’’ means any pro24 gram for benefits in connection with military service 
28

•HR 1586 IH 

1 administered by the Veterans’ Administration under 

2 title 38, United States Code. 

3 (29) WORKERS’ COMPENSATION LAW.—The 

4 term ‘‘workers’ compensation law’’ means a law re5 specting a program administered by a State or the 

6 United States to provide benefits, funded by a re7 sponsible employer or its insurance carrier, for occu8 pational diseases or injuries or for disability or death 

9 caused by occupational diseases or injuries. The 

10 term includes the Longshore and Harbor Workers’ 

11 Compensation Act (33 U.S.C. 901–944, 948–950), 

12 and chapter 81 of title 5, United States Code 

13 (known as the Federal Employees Compensation 

14 Act), but does not include the Act of April 22, 1908 

15 (45 U.S.C. 51 et seq.) (popularly referred to as the 

16 ‘‘Federal Employers’ Liability Act’’). 

17 SEC. 9. MISCELLANEOUS PROVISIONS. 

18 (a) CONSTRUCTION WITH OTHER LAWS.—This Act 

19 shall not be construed to affect the scope or operation of 

20 any workers’ compensation law or veterans’ benefit pro21 gram, to affect the exclusive remedy or subrogation provi22 sions of any such law, or to authorize any lawsuit which 

23 is barred by any such provision of law. 

24 (b) CONSTITUTIONAL AUTHORITY.—The Constitu25 tional authority for this Act is contained in article I, sec-
29

•HR 1586 IH 

1 tion 8, clause 3 of the Constitution of the United States 

2 and in article lII, section 1 of the Constitution of the 

3 United States. 

4 SEC. 10. EFFECTIVE DATE. 

5 This Act shall be effective on the date of the enact6 ment of this Act and apply to any civil action asserting 

7 an asbestos claim in which trial has not commenced as 

8 of the date of the enactment of this Act.

Æ