I 

109TH CONGRESS 

1ST SESSION H. R. 1957

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

and wrongful death claims arising out of asbestos or silica exposure, 

to ensure that individuals who suffer impairment, now or in the future, 

from illnesses caused by exposure to asbestos or silica receive compensation for their injuries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2005

Mr. CANNON (for himself, Mr. PENCE, Mr. FLAKE, Mr. BISHOP of Utah, Mr. 

HENSARLING, Mr. MCHENRY, Mr. KING of Iowa, Mr. BARTLETT of 

Maryland, Mr. FEENEY, Mrs. MYRICK, Mr. HERGER, Mrs. CUBIN, Mr. 

BACHUS, Mr. GOHMERT, Mr. SAM JOHNSON of Texas, Mr. PITTS, Mr. 

KIRK, Mr. KELLER, Mr. CHABOT, Mr. SESSIONS, Mr. LINDER, Mr. 

HOSTETTLER, Mr. TOM DAVIS of Virginia, Mr. CARTER, Mr. BURGESS, 

Mr. PEARCE, Ms. HART, Mr. SMITH of Texas, Mr. SOUDER, Mr. OTTER, 

Mr. SCHWARZ of Michigan, Mr. WELDON of Florida, Mr. GOODLATTE, 

Mrs. BLACKBURN, Mr. COLE of Oklahoma, Mr. ENGLISH of Pennsylvania, Mr. SIMMONS, Mr. TIBERI, Mr. BAKER, Mr. MANZULLO, and Mr. 

CONAWAY) 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 or silica exposure, to ensure that individuals who suffer impairment, now or in the future, from 

illnesses caused by exposure to asbestos or silica receive 

compensation for their injuries, and for other purposes.
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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 2005’’. 

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Physical impairment. 

Sec. 4. Procedures. 

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

Sec. 6. Scope of liability; damages. 

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

Sec. 8. Definitions. 

Sec. 9. Miscellaneous provisions. 

Sec. 10. Effective date.

7 SEC. 2. FINDINGS AND PURPOSES. 

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

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

10 prior to the 1980s for insulation, fireproofing, and 

11 other purposes; 

12 (2) millions of American workers and others 

13 were exposed to asbestos, especially during and after 

14 World War II and prior to the advent of regulation 

15 by the Occupational Safety and Health Administra16 tion in the early 1970s; 

17 (3) long-term exposure to asbestos has been as18 sociated with various types of cancer, including 

19 mesothelioma and lung cancer, as well as such non-
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1 malignant conditions as asbestosis, pleural plaques, 

2 and diffuse pleural thickening; 

3 (4) the diseases caused by asbestos often have 

4 long latency periods; 

5 (5) although the use of asbestos has dramati6 cally declined since 1980 and workplace exposures 

7 have been regulated since 1971 by the Occupational 

8 Safety & Health Administration, past exposures will 

9 continue to result in significant claims of death and 

10 disability as a result of such exposure; 

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

12 litigation in State and Federal courts that the 

13 United States Supreme Court has characterized as 

14 ‘‘an elephantine mass’’ of cases that ‘‘defies cus15 tomary judicial administration and calls for national 

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

17 Ct. 2295, 2302 (1999); 

18 (7) asbestos personal injury litigation can be 

19 unfair and inefficient, imposing a severe burden on 

20 litigants and taxpayers alike; 

21 (8) the extraordinary volume of nonmalignant 

22 asbestos cases continues to strain State and Federal 

23 courts, with a significant number of new cases filed 

24 each year; 
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1 (9) asbestos personal injury litigation has al2 ready contributed to the bankruptcy of more than 

3 70 companies, including nearly all manufacturers of 

4 asbestos textile and insulation products, and the rate 

5 of asbestos-driven bankruptcies is accelerating; 

6 (10) the vast majority of asbestos claims are 

7 filed by individuals who allege they have been ex8 posed to asbestos and who may have some physical 

9 sign of exposure, but who suffer no present asbestos10 related impairment; 

11 (11) the cost of compensating exposed individ12 uals who are not sick jeopardizes the ability of de13 fendants to compensate people with cancer and other 

14 serious asbestos-related diseases, now and in the fu15 ture; threatens the savings, retirement benefits, and 

16 jobs of defendants’ current and retired employees; 

17 adversely affects the communities in which these de18 fendants operate; and impairs the national economy 

19 and interstate commerce; 

20 (12) the several thousand asbestos-related can21 cer cases that are filed each year are manageable by 

22 the courts and the litigants; 

23 (13) silica is a naturally occurring mineral with 

24 the Earth’s crust consisting of over 90 percent silica, 
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1 and crystalline silica dust is the primary component 

2 of sand, quartz, and granite; 

3 (14) silicosis was recognized as an occupational 

4 disease many years ago, and by the 1930s, the Fed5 eral Government launched a silica awareness cam6 paign, which led to greater protection for workers 

7 exposed to silica resulting in a predictable number of 

8 silica claims; 

9 (15) in recent years, however, the number of 

10 new lawsuits alleging silica disease being filed each 

11 year began to rise precipitously; 

12 (16) like asbestos claims, silica claims often 

13 arise when an exposed person is identified as having 

14 markings on his or her lungs that are possibly con15 sistent with silica exposure, but the exposed person 

16 has no functional or physical impairment from silica; 

17 (17) therefore, it is necessary to address silica 

18 litigation to avoid an asbestos-like litigation crisis; 

19 (18) concerns about statutes of limitations can 

20 force claimants who have been exposed to asbestos 

21 or silica, but who have no current injury, to bring 

22 premature lawsuits in order to protect against losing 

23 their rights to future compensation should they be24 come impaired; 
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1 (19) consolidations, joinder, and similar proce2 dures, to which some courts have resorted in order 

3 to deal with the mass of asbestos and silica cases, 

4 can undermine the appropriate functioning of the ju5 dicial process and encourage the filing of thousands 

6 of cases by exposed individuals who are not yet sick 

7 and who may never become sick; 

8 (20) similarly, the availability of sympathetic 

9 forums in States with no connection to the plaintiff 

10 or to the exposures that form the basis of the law11 suit has encouraged the filing of thousands of cases 

12 on behalf of exposed individuals who are not yet sick 

13 and may never become sick; 

14 (21) excessive, unpredictable, and often arbi15 trary damage awards and unfair allocations of liabil16 ity jeopardize the financial well-being of many indi17 viduals, businesses, and entire industries, particu18 larly the Nation’s small businesses; 

19 (22) punitive damage awards unfairly divert the 

20 resources of defendants from compensating genu21 inely impaired claimants and, given the lengthy his22 tory of asbestos and silica litigation and the regu23 latory restrictions on the use of asbestos-containing 

24 products in the workplace, the legal justification for 
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1 such awards—punishment and deterrence—is either 

2 inapplicable or inappropriate; and 

3 (23) the public interest and the interest of 

4 interstate commerce requires deferring the claims of 

5 exposed individuals who are not sick in order to pre6 serve, now and for the future, defendants’ ability to 

7 compensate people who develop cancer and other se8 rious asbestos, or related, injuries and to safeguard 

9 the jobs, benefits, and savings of American workers 

10 and the well-being of the national economy. 

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

12 (1) give priority to those asbestos or silica 

13 claimants who can demonstrate actual physical harm 

14 or illness caused by exposure to asbestos or silica; 

15 (2) fully preserve the rights of claimants who 

16 were exposed to asbestos or silica to pursue com17 pensation should they become impaired in the future 

18 as a result of such exposure; 

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

20 judicial systems to supervise and control asbestos 

21 and silica litigation and asbestos-related bankruptcy 

22 proceedings; and 

23 (4) conserve the scarce resources of the defend24 ants, and marshal assets in bankruptcy, to allow 

25 compensation of cancer victims and others who are 
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1 physically impaired by exposure to asbestos or silica 

2 while securing the right to similar compensation for 

3 those who may suffer physical impairment in the fu4 ture. 

5 SEC. 3. PHYSICAL IMPAIRMENT. 

6 (a) IMPAIRMENT ESSENTIAL ELEMENT OF CLAIM.—

7 Physical impairment of the exposed person, to which as8 bestos or silica exposure was a substantial contributing 

9 factor, shall be an essential element of an asbestos or silica 

10 claim. 

11 (b) PRIMA FACIE EVIDENCE OF PHYSICAL IMPAIR12 MENT FOR NONMALIGNANT ASBESTOS CLAIMS.—No per13 son shall bring or maintain a civil action alleging a non14 malignant asbestos claim in the absence of a prima facie 

15 showing of physical impairment as a result of a medical 

16 condition to which exposure to asbestos was a substantial 

17 contributing factor. Such a prima facie showing shall in18 clude all of the following minimum requirements: 

19 (1) Evidence verifying that a qualified physician 

20 has taken a detailed occupational and exposure his21 tory of the exposed person or, if such person is de22 ceased, from the person who is the most knowledge23 able about the exposures that form the basis of the 

24 nonmalignant asbestos claim, including—
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1 (A) all of the exposed person’s principal 

2 places of employment and exposures to airborne 

3 contaminants; and 

4 (B) whether each place of employment in5 volved exposures to airborne contaminants (in6 cluding but not limited to asbestos fibers or 

7 other disease causing dusts) that can cause pul8 monary impairment and the nature, duration, 

9 and level of any such exposure. 

10 (2) Evidence verifying that a qualified physician 

11 has taken detailed medical and smoking history, in12 cluding a thorough review of the exposed person’s 

13 past and present medical problems, and their most 

14 probable cause. 

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

16 the basis of a medical examination and pulmonary 

17 function testing, that the exposed person has a per18 manent respiratory impairment rating of at least 

19 Class 2 as defined by and evaluated pursuant to the 

20 AMA Guides to the Evaluation of Permanent Im21 pairment. 

22 (4) A diagnosis by a qualified physician of as23 bestosis or diffuse pleural thickening, based at a 

24 minimum on radiological or pathological evidence of 
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1 asbestosis or radiological evidence of diffuse pleural 

2 thickening. 

3 (5) A determination by a qualified physician 

4 that asbestosis or diffuse pleural thickening (rather 

5 than solely chronic obstructive pulmonary disease) is 

6 a substantial contributing factor to the exposed per7 son’s physical impairment, based at a minimum on 

8 a determination that the exposed person has—

9 (A) total lung capacity, by 

10 plethysmography or timed gas dilution, below 

11 the predicted lower limit of normal; or 

12 (B) forced vital capacity below the lower 

13 limit of normal and a ratio of FEV1 to FVC 

14 that is equal to or greater than the predicted 

15 lower limit of normal; and 

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

17 opacities (s,t,u) graded by a certified B-reader 

18 at least 2/1 on the ILO scale. 

19 (c) PRIMA FACIE EVIDENCE OF ASBESTOS-RELATED

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

21 action alleging an asbestos claim which is based upon lung 

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

23 include the following minimum requirements: 

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

25 pulmonary specialist, or oncologist of a primary lung 
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1 cancer and that exposure to asbestos was a substan2 tial contributing factor to the lung cancer. 

3 (2) Evidence sufficient to demonstrate that at 

4 least 10 years have elapsed between the date of first 

5 exposure to asbestos and the date of diagnosis of the 

6 lung cancer. 

7 (3) Depending on whether the exposed person 

8 has a history of smoking, the requirements of either 

9 (A) or (B) below—

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

11 is a nonsmoker, either—

12 (i) radiological or pathological evi13 dence of asbestosis or radiological evidence 

14 of diffuse pleural thickening; or 

15 (ii) either—

16 (I) evidence of the exposed per17 son’s substantial occupational expo18 sure to asbestos; or 

19 (II) evidence of the exposed per20 son’s exposure to asbestos at least 

21 equal to 25 fiber per cc years as de22 termined to a reasonable degree of 

23 scientific probability by a scientifically 

24 valid retrospective exposure recon25 struction conducted by a certified in-
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1 dustrial hygienist or certified safety 

2 professional based upon all reasonably 

3 available quantitative air monitoring 

4 data and all other reasonably available 

5 information about the exposed per6 son’s occupational history and history 

7 of exposure to asbestos; or 

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

9 is a smoker, the criteria contained in both 

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

11 (d) PRIMA FACIE EVIDENCE OF ASBESTOS-RELATED

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

13 civil action alleging an asbestos claim which is based upon 

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

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

16 shall include the following minimum requirements: 

17 (1) A diagnosis by a Board-certified patholo18 gist, Board-certified pulmonary specialist, or Board19 certified oncologist (as appropriate for the type of 

20 cancer claimed) of primary cancer of the colon, rec21 tum, larynx, pharynx, esophagus, or stomach, and 

22 that exposure to asbestos was a substantial contrib23 uting factor to the condition. 

24 (2) Evidence sufficient to demonstrate that at 

25 least 10 years have elapsed between the date of first 
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1 exposure to asbestos and the date of diagnosis of the 

2 cancer. 

3 (3) The requirements of (A) and (B) below—

4 (A) radiological or pathological evidence of 

5 asbestosis or radiological evidence of diffuse 

6 pleural thickening; and 

7 (B) either of the following: 

8 (i) Evidence of the exposed person’s 

9 substantial occupational exposure to asbes10 tos. 

11 (ii) Evidence of the exposed person’s 

12 exposure to asbestos at least equal to 25 

13 fiber per cc years as determined to a rea14 sonable degree of scientific probability by a 

15 scientifically valid retrospective exposure 

16 reconstruction conducted by a certified in17 dustrial hygienist or certified safety profes18 sional based upon all reasonably available 

19 quantitative air monitoring data and all 

20 other reasonably available information 

21 about the exposed person’s occupational 

22 history and history of exposure to asbestos. 

23 (e) PRIMA FACIE REQUIREMENT FOR MESOTHE24 LIOMA.—No person shall bring or maintain a civil action 

25 alleging an asbestos claim based upon mesothelioma, in 
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1 the absence of a prima facie showing which shall include 

2 a diagnosis of malignant mesothelioma disease on the 

3 basis of findings by a qualified physician and credible evi4 dence of identifiable exposure to asbestos resulting from—

5 (1) occupational exposure to asbestos; 

6 (2) exposure to asbestos fibers brought into the 

7 home of the claimant by a worker occupationally ex8 posed to asbestos; or 

9 (3) exposure to asbestos fibers resulting from 

10 living or working in the proximate vicinity of a fac11 tory, shipyard, building demolition site, or other op12 eration that regularly released asbestos fibers into 

13 the air due to operations involving asbestos at that 

14 site. 

15 (f) PRIMA FACIE EVIDENCE OF PHYSICAL IMPAIR16 MENT FOR NONMALIGNANT SILICA CLAIMS.—No person 

17 shall bring or maintain a civil action alleging a nonmalig18 nant silica claim in the absence of a prima facie showing 

19 of physical impairment as a result of a medical condition 

20 to which exposure to silica was a substantial contributing 

21 factor. Such a prima facie showing shall include all of the 

22 following minimum requirements: 

23 (1) Evidence verifying that a qualified physician 

24 has taken a detailed occupational and exposure his25 tory of the exposed person or, if such person is de-
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1 ceased, from the person who is the most knowledge2 able about the exposures that form the basis of the 

3 nonmalignant silica claim, including—

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

5 places of employment and exposures to airborne 

6 contaminants; and 

7 (B) whether each place of employment in8 volved exposures to airborne contaminants (in9 cluding but not limited to silica or other disease 

10 causing dusts) that can cause pulmonary im11 pairment and the nature, duration, and level of 

12 any such exposure. 

13 (2) Evidence verifying that a qualified physician 

14 has taken detailed medical and smoking history, in15 cluding a thorough review of the exposed person’s 

16 past and present medical problems, and their most 

17 probable cause. 

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

19 the basis of a medical examination and pulmonary 

20 function testing, that the exposed person has both—

21 (A) a permanent respiratory impairment 

22 rating of at least Class 2 as defined by and 

23 evaluated pursuant to the AMA Guides to the 

24 Evaluation of Permanent Impairment; and 
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1 (B) silicosis based at a minimum on radio2 logical or pathological evidence of silicosis. 

3 (g) PRIMA FACIE EVIDENCE OF SILICA-RELATED

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

5 action alleging an asbestos claim which is based upon lung 

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

7 include the following minimum requirements: 

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

9 pulmonary specialist, or oncologist of a primary lung 

10 cancer and that exposure to silica was a substan11 tially contributing factor to the condition. 

12 (2) Evidence sufficient to demonstrate that at 

13 least 10 years have elapsed from the date of the ex14 posed person’s first exposure to silica until the date 

15 of diagnosis of the exposed person’s primary lung 

16 cancer. 

17 (3) Depending on whether the exposed person 

18 has a history of smoking, the requirements of either 

19 (A) or (B) below—

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

21 is a nonsmoker, either—

22 (i) radiological or pathological evi23 dence of silicosis; or 
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1 (ii) evidence of the exposed person’s 

2 substantial occupational exposure to silica; 

3 or 

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

5 is a smoker, the criteria contained in both 

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

7 (h) COMPLIANCE WITH TECHNICAL STANDARDS.—

8 Evidence relating to physical impairment under this sec9 tion, including pulmonary function testing and diffusing 

10 studies, shall comply with the technical recommendations 

11 for examinations, testing procedures, quality assurance/

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

13 Evaluation of Permanent Impairment. No adjustments 

14 with respect to pulmonary function testing shall be made 

15 on the basis of race. 

16 (i) NO PRESUMPTION AT TRIAL.—Presentation of 

17 prima facie evidence meeting the requirements of sub18 section (b), (c), (d), (f), or (g) of this section shall not—

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

20 exposed person is impaired by an asbestos- or silica21 related condition; 

22 (2) be conclusive as to the liability of any de23 fendant; and 

24 (3) be admissible at trial. 
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1 SEC. 4. PROCEDURES. 

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

3 trial any number and type of asbestos or silica claims with 

4 consent of all the parties. In the absence of such consent, 

5 the court may consolidate for trial only asbestos or silica 

6 claims relating to the same exposed person and members 

7 of his or her household. 

8 (b) FEDERAL VENUE.—The Federal district courts 

9 shall have original jurisdiction of any asbestos or silica 

10 claim. A civil action alleging an asbestos or silica claim 

11 may only be brought in the Federal district court of plain12 tiff’s domicile or where all, or a substantial part, including 

13 the most significant, exposure to asbestos or silica oc14 curred, that is a substantial contributing factor to the 

15 physical impairment on which the claim is based. 

16 (c) PRELIMINARY PROCEEDINGS.—The plaintiff in 

17 any civil action alleging an asbestos or silica claim shall 

18 file together with the complaint or other initial pleading 

19 a written report and supporting test results constituting 

20 prima facie evidence of the exposed person’s asbestos- or 

21 silica-related impairment meeting the requirements of sub22 section (b), (c), (d), (f), or (g) of section 3. For any asbes23 tos or silica claim pending on the effective date of this 

24 Act, the plaintiff shall file such a written report and sup25 porting test results no later than 60 days following the 

26 effective date, or if trial is scheduled within 60 days of 
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1 the effective date, no later than 30 days prior to trial. The 

2 defendant shall be afforded a reasonable opportunity to 

3 challenge the adequacy of the proffered prima facie evi4 dence of asbestos- or silica-related impairment. The plain5 tiff’s claim shall be dismissed without prejudice upon a 

6 finding of failure to make the required prima facie show7 ing. 

8 (d) BURDEN OF PROOF.—The plaintiff in any civil 

9 action alleging an asbestos or silica claim shall have the 

10 following burden of proof: 

11 (1) The plaintiff must prove that the conduct of 

12 each defendant was a substantial contributing factor 

13 of the exposed person’s asbestos- or silica-related im14 pairment. 

15 (2) The plaintiff must prove exposure to asbes16 tos or silica that was manufactured, supplied, in17 stalled, or used by each defendant in the civil action 

18 and that the plaintiff’s exposure to each defendant’s 

19 asbestos or silica was a substantial factor in causing 

20 the asbestos- or silica-related impairment. In deter21 mining whether exposure to a particular defendant’s 

22 asbestos or silica was a substantial contributing fac23 tor in causing the asbestos- or silica-related impair24 ment, the trier of fact in the civil action shall con25 sider, without limitation, all of the following: 
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1 (A) The manner in which the plaintiff was 

2 exposed to defendant’s asbestos or silica. 

3 (B) The proximity of the defendant’s as4 bestos or silica to the plaintiff when the expo5 sure to the defendant’s asbestos or silica oc6 curred. 

7 (C) The frequency and length of the plain8 tiff’s exposure to the defendant’s asbestos or 

9 silica. 

10 (D) Any factors that mitigated or en11 hanced the plaintiff’s exposure to asbestos or 

12 silica. 

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

14 (a) STATUTE OF LIMITATIONS.—Notwithstanding 

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

16 or silica claim not barred as of the effective date of this 

17 Act, the limitations period shall not begin to run until the 

18 exposed person discovers, or through the exercise of rea19 sonable diligence should have discovered, that he or she 

20 is physically impaired by an asbestos- or silica-related con21 dition. 

22 (b) TWO-DISEASE RULE.—An asbestos or silica claim 

23 arising out of a nonmalignant condition shall be a distinct 

24 cause of action from an asbestos or silica claim relating 

25 to the same exposed person arising out of asbestos- or sili-
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1 ca-related cancer. No damages shall be awarded for fear 

2 or risk of cancer in any civil action asserting an asbestos 

3 or silica claim. 

4 SEC. 6. SCOPE OF LIABILITY; DAMAGES. 

5 (a) PROPORTIONAL LIABILITY.—A defendant against 

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

7 an asbestos or silica claim shall be liable only for that por8 tion of the judgment that corresponds to the percentage 

9 of responsibility of such defendant. For the purposes of 

10 determining the percentage of responsibility of a defend11 ant, the trier of fact shall determine that percentage as 

12 a percentage of the total fault of all persons (including 

13 the plaintiff and those who have filed for bankruptcy pro14 tection) who are responsible for the harm to the plaintiff, 

15 regardless of whether or not such person is a party to the 

16 action. The court shall render a separate judgment against 

17 each defendant in an amount determined pursuant to this 

18 subsection. 

19 (b) NONECONOMIC LOSS.—In any civil action alleg20 ing an asbestos or silica claim, the total amount of dam21 ages that may be awarded for noneconomic loss shall not 

22 exceed $250,000, regardless of the number of parties 

23 against whom the action is brought. However, in actions 

24 involving an asbestos or silica claim based upon mesothe-
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1 lioma, the total amount of damages that may be awarded 

2 for noneconomic loss shall not exceed $500,000. 

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

4 be awarded in any civil action alleging an asbestos or silica 

5 claim. 

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

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

8 or silica claim, the plaintiff must file a written report with 

9 the court that discloses the total amount of any collateral 

10 source payments received, including payments which the 

11 plaintiff will receive in the future, as a result of settle12 ments or judgments based upon the same claim. For any 

13 asbestos or silica claim pending on the date of enactment 

14 of this Act, the plaintiff shall file such written report no 

15 later than 60 days after the date of enactment, or if trial 

16 is scheduled within 60 days of enactment, no later than 

17 30 days prior to trial. Further, the plaintiff shall be re18 quired to update this report on a regular basis during the 

19 course of the proceeding until a final judgment is entered 

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

21 contained in the initial and updated reports is treated as 

22 privileged and confidential and that the contents of the 

23 written reports shall not be disclosed to anyone except the 

24 other parties to the action. The amount of an award other25 wise available to an asbestos or silica plaintiff shall be re-
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1 duced by the amount of collateral source compensation 

2 disclosed pursuant to this section. 

3 SEC. 7. LIABILITY RULES APPLICABLE TO PRODUCT SELL4 ERS, RENTERS, LESSORS, AND PREMISES 

5 OWNERS. 

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

7 asbestos or silica claim, a product seller other than a man8 ufacturer shall be liable to a plaintiff only if the plaintiff 

9 establishes that—

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

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

12 rented, or leased by the product seller; 

13 (ii) the product seller failed to exercise reason14 able care with respect to the product; and 

15 (iii) the failure to exercise reasonable care was 

16 a proximate cause of the harm to the exposed per17 son; 

18 (B)(i) the product seller made an express war19 ranty applicable to the product that allegedly caused 

20 the harm that is the subject of the complaint, inde21 pendent of any express warranty made by the manu22 facturer as to the same product; 

23 (ii) the product failed to conform to the war24 ranty; and 
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1 (iii) the failure of the product to conform to the 

2 warranty caused the harm to the exposed person; or 

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

4 wrongdoing, as determined under applicable State 

5 law; and 

6 (ii) the intentional wrongdoing caused the harm 

7 that is the subject of the complaint. 

8 (2) REASONABLE OPPORTUNITY FOR INSPECTION.—

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

10 shall not be considered to have failed to exercise reason11 able care with respect to a product based upon an alleged 

12 failure to inspect the product, if—

13 (A) the failure occurred because there was no 

14 reasonable opportunity to inspect the product; or 

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

16 care, would not have revealed the aspect of the prod17 uct that allegedly caused the exposed person’s im18 pairment. 

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

20 action alleging an asbestos or silica claim, a person en21 gaged in the business of renting or leasing a product shall 

22 not be liable for the tortious act of another solely by rea23 son of ownership of that product. 

24 (c) PREMISES OWNERS.—In any civil action alleging 

25 an asbestos or silica claim, a premises owner, or any entity 
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1 performing any operations on a premises, is not liable to 

2 a plaintiff for asbestos or silica claims, unless that plain3 tiff’s alleged exposure occurred while the exposed person 

4 was at the premises. 

5 SEC. 8. DEFINITIONS. 

6 In this Act: 

7 (1) AMA GUIDES TO THE EVALUATION OF PER8 MANENT IMPAIRMENT.—The term ‘‘AMA Guides to 

9 the Evaluation of Permanent Impairment’’ means 

10 the American Medical Association’s Guides to the 

11 Evaluation of Permanent Impairment (Fifth Edition 

12 2000) as may be modified from time to time by the 

13 American Medical Association. 

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

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

16 as amended from time to time. 

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

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

19 presented in a civil action or bankruptcy proceeding, 

20 arising out of, based on, or related to the health ef21 fects of exposure to asbestos, including loss of con22 sortium and any other derivative claim made by or 

23 on behalf of any exposed person or any representa24 tive, spouse, parent, child, or other relative of any 

25 exposed person. The term does not include claims 
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1 for benefits under a workers’ compensation law or 

2 veterans’ benefits program, or claims brought by any 

3 person as a subrogee by virtue of the payment of 

4 benefits under a workers’ compensation law. 

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

6 means bilateral diffuse interstitial fibrosis of the 

7 lungs caused by inhalation of asbestos fibers. 

8 (5) BANKRUPTCY PROCEEDING.—The term 

9 ‘‘bankruptcy proceeding’’ means a case brought 

10 under title 11, United States Code, or any related 

11 proceeding as provided in section 157 of title 28, 

12 United States Code. 

13 (6) BOARD-CERTIFIED IN INTERNAL MEDI14 CINE.—The term ‘‘Board-certified in internal medi15 cine’’ means a physician who is certified by the 

16 American Board of Internal Medicine or the Amer17 ican Osteopathic Board of Internal Medicine. 

18 (7) BOARD-CERTIFIED IN OCCUPATIONAL MEDI19 CINE.—The term ‘‘Board-certified in occupational 

20 medicine’’ means a physician who is certified in the 

21 subspecialty of occupational medicine by the Amer22 ican Board of Preventive Medicine or the American 

23 Osteopathic Board of Preventive Medicine. 

24 (8) BOARD-CERTIFIED IN ONCOLOGY.—The 

25 term ‘‘Board-certified in oncology’’ means a physi-
27

•HR 1957 IH 

1 cian who is certified in the subspecialty of medical 

2 oncology by the American Board of Internal Medi3 cine or the American Osteopathic Board of Internal 

4 Medicine. 

5 (9) BOARD-CERTIFIED IN PATHOLOGY.—The 

6 term ‘‘Board-certified in pathology’’ means a physi7 cian who holds primary certification in anatomic pa8 thology or clinical pathology from the American 

9 Board of Pathology or the American Osteopathic 

10 Board of Internal Medicine and whose professional 

11 practice—

12 (A) is principally in the field of pathology; 

13 and 

14 (B) involves regular evaluation of pathol15 ogy materials obtained from surgical or post16 mortem specimens. 

17 (10) BOARD-CERTIFIED IN PULMONARY MEDI18 CINE.—The term ‘‘Board-certified in pulmonary 

19 medicine’’ means a physician who is certified in the 

20 subspecialty of pulmonary medicine by the American 

21 Board of Internal Medicine or the American Osteo22 pathic Board of Internal Medicine. 

23 (11) CERTIFIED B-READER.—The term ‘‘cer24 tified B-reader’’ means an individual qualified as a 
28

•HR 1957 IH 

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

2 amended. 

3 (12) CIVIL ACTION.—The term ‘‘civil action’’ 

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

5 or Federal court, whether cognizable as cases at law 

6 or in equity or in admiralty, including an asbestos 

7 or silica claim in a bankruptcy proceeding. The term 

8 does not include an action relating to any workers’ 

9 compensation law, or a proceeding for benefits under 

10 any veterans’ benefits program. 

11 (13) ECONOMIC LOSS.—The term ‘‘economic 

12 loss’’ means any pecuniary loss resulting from phys13 ical impairment, including the loss of earnings or 

14 other benefits related to employment, medical ex15 pense loss, replacement services loss, loss due to 

16 death, burial costs, and loss of business or employ17 ment opportunities. 

18 (14) EXPOSED PERSON.—The term ‘‘exposed 

19 person’’ means any person whose exposure to asbes20 tos or silica or to asbestos- or silica-containing prod21 ucts which is the basis for an asbestos or silica 

22 claim. 

23 (15) EXPOSURE YEARS.—The term ‘‘exposure 

24 years’’ means—
29

•HR 1957 IH 

1 (A) each single year of exposure prior to 

2 1972 will be counted as one year; 

3 (B) each single year of exposure from 

4 1972 through 1979 will be counted as one-half 

5 year; and 

6 (C) exposure after 1979 will not be count7 ed, except that each year from 1972 forward 

8 for which the plaintiff can establish exposure 

9 exceeding the OSHA limit for 8-hour time10 weighted average airborne concentration for a 

11 substantial portion of the year will count as one 

12 year. 

13 (16) FEV1.—The term ‘‘FEV1’’ means forced 

14 expiratory volume in the first second, which is the 

15 maximal volume of air expelled in one second during 

16 performance of simple spirometric tests. 

17 (17) FVC.—The term ‘‘FVC’’ means forced 

18 vital capacity which is the maximal volume of air ex19 pired with maximum effort from a position of full in20 spiration. 

21 (18) ILO SCALE.—The term ‘‘ILO Scale’’ 

22 means the system for the classification of chest x23 rays set forth in the International Labour Office’s 

24 Guidelines for the Use of ILO International Classi25 fication of Radiographs of Pneumoconioses (2000) 
30

•HR 1957 IH 

1 as amended from time to time by the International 

2 Labour Office. 

3 (19) LUNG CANCER.—The term ‘‘lung cancer’’ 

4 means a malignant tumor located inside of the 

5 lungs, but such term does not include an asbestos 

6 claim based upon mesothelioma. 

7 (20) MESOTHELIOMA.—The term ‘‘mesothe8 lioma’’ means a malignant tumor with a primary site 

9 in the pleura, the peritoneum, or pericardium, which 

10 has been diagnosed by a Board-certified pathologist, 

11 using standardized and accepted criteria of micro12 scopic morphology and/or appropriate staining tech13 niques. 

14 (21) NONECONOMIC LOSS.—The term ‘‘non15 economic loss’’ means subjective, nonmonetary loss 

16 resulting from physical impairment, including pain, 

17 suffering, inconvenience, mental anguish, emotional 

18 distress, disfigurement, loss of society and compan19 ionship, loss of consortium, injury to reputation, or 

20 any other nonpecuniary loss of any kind or nature. 

21 (22) NONMALIGNANT CONDITION.—The term 

22 ‘‘nonmalignant condition’’ means any condition that 

23 is caused or may be caused by asbestos or silica 

24 other than a diagnosed cancer. 
31

•HR 1957 IH 

1 (23) NONSMOKER.—The term ‘‘nonsmoker’’ 

2 means the exposed person has not smoked cigarettes 

3 or used any other tobacco products within 15 years 

4 from the date the person was diagnosed with an 

5 asbestos- or silica-related disease. 

6 (24) PATHOLOGICAL EVIDENCE OF ASBES7 TOSIS.—The term ‘‘pathological evidence of asbes8 tosis’’ means a statement by a Board-certified pa9 thologist that more than one representative section 

10 of lung tissue uninvolved with any other disease 

11 process demonstrates a pattern of peribronchiolar or 

12 parenchymal scarring in the presence of char13 acteristic asbestos bodies and that there is no other 

14 more likely explanation for the presence of the fibro15 sis. 

16 (25) PATHOLOGICAL EVIDENCE OF SILICOSIS.—

17 The term ‘‘pathological evidence of silicosis’’ means 

18 a statement by a Board-certified pathologist that 

19 more than one representative section of lung tissue 

20 uninvolved with any other disease process dem21 onstrates a pattern of round silica nodules and 

22 birefringent crystals or other demonstration of crys23 tal structures consistent with silica (well-organized 

24 concentric whorls of collagen surrounded by inflam25 matory cells) in the lung parenchyma and that there 
32

•HR 1957 IH 

1 is no other more likely explanation for the presence 

2 of the fibrosis. 

3 (26) PREDICTED LOWER LIMIT OF NORMAL.—

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

5 pulmonary function test means the calculated stand6 ard convention lying at the fifth percentile, below the 

7 upper 95 percent of the reference population based 

8 on age, height, and gender, according to the rec9 ommendations of the American Thoracic Society as 

10 referenced in the AMA Guides to the Evaluation of 

11 Permanent Impairment (5th Ed. 2000). 

12 (27) PREMISES OWNER.—The term ‘‘premises 

13 owner’’ means a person who owns, in whole or in 

14 part, leases, rents, maintains, or controls privately 

15 owned lands, ways or waters, or any buildings and 

16 structures on those lands, ways or waters, and all 

17 privately owned and State-owned lands, ways, or wa18 ters leased to a private person, firm, or organization, 

19 including any buildings and structures on those 

20 lands, ways or waters. 

21 (28) PULMONARY FUNCTION TEST.—The term 

22 ‘‘pulmonary function test’’ means spirometry, lung 

23 volume testing and diffusion capacity testing (includ24 ing appropriate measurements and graphs) per25 formed in accordance with the AMA Guides to the 
33

•HR 1957 IH 

1 Evaluation of Permanent Impairment (5th Ed. 

2 2000), 20 CFR 404, Subpart P, Appendix 1, Part 

3 (A), Sections 3.00 (E) and (F) (2003) and the Offi4 cial Statements of the American Thoracic Society, 

5 ‘‘Lung Function Testing: Selection of Reference Val6 ues and Interpretative Strategies’’, Am. Rev. Resp. 

7 Dis. 1991; 144:1202–1218; ‘‘Standardization of 

8 Spirometry, 1994 Update’’, Am. J. Resp. Critical 

9 Care Med 1995; 152:1107–1136; and ‘‘Single-breath 

10 Carbon Monoxide Diffusion Capacity (Transfer Fac11 tor): Recommendations for A Standard Technique12 1995 Update’’, Am. J. Resp. Critical Care Med 

13 1995; 152:2185–2198. 

14 (29) PUNITIVE DAMAGES.—The term ‘‘punitive 

15 damages’’ means damages awarded against a de16 fendant in order to punish or deter such defendant 

17 or others from engaging in similar behavior in the 

18 future. 

19 (30) QUALIFIED PHYSICIAN.—The term ‘‘quali20 fied physician’’ means a medical doctor, who—

21 (A) is a Board-certified internist, 

22 oncologist, pathologist, pulmonary specialist, ra23 diologist, or specialist in occupational and envi24 ronmental medicine; 
34

•HR 1957 IH 

1 (B) has conducted a physical examination 

2 of the exposed person; 

3 (C) is actually treating or treated the ex4 posed person, and has or had a doctor-patient 

5 relationship with such person at the time of the 

6 physical examination; 

7 (D) spends no more than 10 percent of 

8 his/her professional practice time, or rendered 

9 more than 40 diagnoses, whichever quantity is 

10 smaller, in providing consulting or expert serv11 ices in connection with actual or potential civil 

12 actions, and whose medical group, professional 

13 corporation, clinic, or other affiliated group 

14 earns not more than 20 percent of their reve15 nues from providing such services; 

16 (E) is currently licensed to practice and 

17 actively practices in the State where the plain18 tiff resides or where the plaintiff’s civil action 

19 was filed or was licensed and practiced at the 

20 time of the physical examination; 

21 (F) receives or received payment for the 

22 treatment of the exposed person from that per23 son’s health maintenance organization or other 

24 medical provider, or from the exposed person or 
35

•HR 1957 IH 

1 from a member of the exposed person’s family; 

2 and 

3 (G) a physician may not, as the basis for 

4 a diagnosis, rely, in whole or in part, on any 

5 of—

6 (i) the reports or opinions of any doc7 tor, clinic, laboratory, or testing company 

8 that performed an examination, test, or 

9 screening of the exposed person’s medical 

10 condition in violation of any law, regula11 tion, licensing requirement, or medical code 

12 of practice of the State in which the exam13 ination, test, or screening was conducted; 

14 (ii) the reports or opinions of any doc15 tor, clinic, laboratory, or testing company 

16 that performed an examination, test, or 

17 screening of the exposed person’s medical 

18 condition that was conducted without 

19 clearly establishing a doctor-patient rela20 tionship with the exposed person or med21 ical person involved in the examination, 

22 test, or screening process; or 

23 (iii) the reports or opinions of any 

24 doctor, clinic, laboratory, or testing com25 pany that performed an examination, test, 
36

•HR 1957 IH 

1 or screening of the exposed person’s med2 ical condition that required the exposed 

3 person to agree to retain the legal service 

4 of the law firm sponsoring the examina5 tion, test, or screening. 

6 (31) RADIOLOGICAL EVIDENCE OF ASBES7 TOSIS.—The term ‘‘radiological evidence of asbes8 tosis’’ means a quality 1 chest x-ray under the ILO 

9 system of classification (in a death case where no 

10 pathology is available, the necessary radiological 

11 findings may be made with a quality 2 film, if a 

12 quality 1 film is not available) showing small, irreg13 ular opacities (s,t,u) graded by a certified B-reader 

14 as at least 1/1 on the ILO scale. 

15 (32) RADIOLOGICAL EVIDENCE OF DIFFUSE

16 PLEURAL THICKENING.—The term ‘‘radiological evi17 dence of diffuse pleural thickening’’ means a quality 

18 1 chest x-ray under the ILO system of classification 

19 (in a death case where no pathology is available, the 

20 necessary radiological findings may be made with a 

21 quality 2 film, if a quality 1 film is not available) 

22 showing bilateral pleural thickening of at least B2 

23 on the ILO scale and blunting of at least one 

24 costophrenic angle. 
37

•HR 1957 IH 

1 (33) RADIOLOGICAL EVIDENCE OF SILICOSIS.—

2 The term ‘‘radiological evidence of silicosis’’ means 

3 a chest x-ray showing bilateral rounded or irregular 

4 opacities (p, q, or r) in the upper lung fields graded 

5 by a certified B-reader as at least 1/1 on the ILO 

6 scale. 

7 (34) SILICA.—The terms ‘‘silica’’ means a res8 pirable crystalline form of silicon dioxide, including, 

9 but not limited to, alpha, quartz, cristobalite, and 

10 trydmite. 

11 (35) SILICA CLAIM.—The term ‘‘silica claim’’ 

12 means any claim for damages or other relief pre13 sented in a civil action or bankruptcy proceeding, 

14 arising out of, based on, or related to the health ef15 fects of exposure to silica, including loss of consor16 tium and any other derivative claim made by or on 

17 behalf of any exposed person or any representative, 

18 spouse, parent, child, or other relative of any ex19 posed person. The term does not include claims for 

20 benefits under a workers’ compensation law or vet21 erans’ benefits program, or claims brought by any 

22 person as a subrogee by virtue of the payment of 

23 benefits under a workers’ compensation law. 
38

•HR 1957 IH 

1 (36) SILICOSIS.—The term ‘‘silicosis’’ means 

2 nodular interstitial fibrosis of the lungs caused by 

3 inhalation of silica. 

4 (37) SMOKER.—The term ‘‘smoker’’ means a 

5 person who has smoked cigarettes or used other to6 bacco products within 15 years from the date the 

7 person was diagnosed with an asbestos, silica, or 

8 mixed-dust related disease. 

9 (38) STATE.—The term ‘‘State’’ means any 

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

11 Commonwealth of Puerto Rico, the Northern Mar12 iana Islands, the Virgin Islands, Guam, American 

13 Samoa, and any other territory or possession of the 

14 United States or any political subdivision of any of 

15 the foregoing. 

16 (39) SUBSTANTIAL CONTRIBUTING FACTOR.—

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

18 (A) exposure to asbestos or silica is the 

19 predominate cause of the physical impairment 

20 alleged in the asbestos or silica claim; 

21 (B) the exposure to asbestos or silica took 

22 place on a regular basis over an extended period 

23 of time and in close proximity to the exposed 

24 person; and 
39

•HR 1957 IH 

1 (C) a qualified physician has determined 

2 with a reasonable degree of medical certainty 

3 that the physical impairment of the exposed 

4 person would not have occurred but for the as5 bestos or silica exposures. 

6 (40) SUBSTANTIAL OCCUPATIONAL EXPOSURE

7 TO ASBESTOS.—The term ‘‘substantial occupational 

8 exposure to asbestos’’ means employment for a cu9 mulative period of at least ten years in an industry 

10 and an occupation in which, for a substantial portion 

11 of a normal work year for that occupation, the ex12 posed person did any of the following: 

13 (A) Handled raw asbestos fibers. 

14 (B) Fabricated asbestos-containing prod15 ucts so that the person was exposed to raw as16 bestos fibers in the fabrication process. 

17 (C) Altered, repaired, or otherwise worked 

18 with an asbestos-containing product in a man19 ner that exposed the person on a regular basis 

20 to asbestos fibers. 

21 (D) Worked in close proximity to other 

22 workers engaged in any of the activities de23 scribed herein in a manner that exposed the 

24 person on a regular basis to asbestos fibers. 
40

•HR 1957 IH 

1 (41) TOTAL LUNG CAPACITY.—The term ‘‘total 

2 lung capacity’’ means the volume of air in the lungs 

3 after a maximal inspiration as measured by either 

4 plethysmography or time gas dilution techniques. 

5 (42) VETERANS’ BENEFITS PROGRAM.—The 

6 term ‘‘veterans’ benefits program’’ means any pro7 gram for benefits in connection with military service 

8 administered by the Veterans’ Administration under 

9 title 38, United States Code. 

10 (43) WORKERS’ COMPENSATION LAW.—The 

11 term ‘‘workers’ compensation law’’ means a law re12 specting a program administered by a State or the 

13 United States to provide benefits, funded by a re14 sponsible employer or its insurance carrier, for occu15 pational diseases or injuries or for disability or death 

16 caused by occupational diseases or injuries. The 

17 term includes the Longshore and Harbor Workers’ 

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

19 and chapter 81 of title 5, United States Code 

20 (known as the Federal Employees Compensation 

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

22 (45 U.S.C. 51 et seq.) (popularly referred to as the 

23 ‘‘Federal Employers’ Liability Act’’). 
41

•HR 1957 IH 

1 SEC. 9. MISCELLANEOUS PROVISIONS. 

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

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

4 any workers’ compensation law or veterans’ benefit pro5 gram, to affect the exclusive remedy or subrogation provi6 sions of any such law, or to authorize any lawsuit which 

7 is barred by any such provision of law. 

8 (b) CONSTITUTIONAL AUTHORITY.—The Constitu9 tional authority for this Act is contained in article I, sec10 tion 8, clause 3 of the Constitution of the United States 

11 and in article III, section 1 of the Constitution of the 

12 United States. 

13 SEC. 10. EFFECTIVE DATE. 

14 This Act shall be effective on the date of the enact15 ment of this Act and apply to any civil action asserting 

16 an asbestos or silica claim in which final judgment has 

17 not been entered as of the date of the enactment of this 

18 Act.

Æ