(18) FVC.—The term ‘‘FVC’’ means forced 
vital capacity, which is the maximal volume of air 
expired with a maximally forced effort from a posi-
tion of maximal inspiration. 
(19) ILO.—The term ‘‘ILO’’ means the Inter-
national Labour Organization. 
(20) ILO GRADE.—The term ‘‘ILO grade’’ 
means the radiological ratings for the presence of 
lung or pleural changes by chest x-ray as established 
from time to time by the ILO. 
(21) LATENCY PERIOD.—The term ‘‘latency pe-
riod’’ means the period from the date of the exposed 
person’s first exposure to asbestos or an asbestos-
containing product to the date of manifestation of 
the condition claimed. 
(22) LUNG CANCER.—The term ‘‘lung cancer’’ 
means a primary malignant bronchogenic tumor, of 
any cell type, caused or contributed to by exposure 
to asbestos. 
(23) MANIFESTATION.—The term ‘‘manifesta-
tion’’ means either the date of the actual diagnosis
of the condition claimed, or the date upon which the 
clinical records and available tests indicate that the 
condition could reasonably have been diagnosed by 
a qualified physician.
(24) NET
LITIGATION
RISK.—The term ‘‘net 
litigation risk’’ means the risk to the Asbestos Com-
pensation Fund that amounts paid out to claimants, 
plus associated interest and litigation expenses, will 
exceed amounts recovered from defendants, ex-
pressed as a percentage of sums expended, and esti-
mated for a specific cohort of transactions. Losses 
on particular claims are netted against excess recov-
eries on other claims. 
(25) OAC.—The term ‘‘OAC’’ means the Office 
of Asbestos Compensation. 
(26) OCCUPATIONAL HISTORY.—The term ‘‘oc-
cupational history’’ means a listing of all employ-
ment positions, providing for the dates and location 
of employment, the employer, and a description of 
job responsibilities and activities. 
(27) PARTY.—The term ‘‘party’’ does not in-
clude the United States Government or a State gov-
ernment. 
(28) PATHOLOGICAL
EVIDENCE
OF
ASBES-
TOSIS.—The term ‘‘pathological evidence of asbes-
tosis’’ means diagnosis of pulmonary asbestosis by a 
qualified physician based on a finding that more 
than one representative section of lung tissue other-
wise uninvolved with any other process (e.g., cancer
or 
emphysema) 
demonstrates 
a 
pattern 
of 
peribronchiolar or parenchymal scarring in the pres-
ence of characteristic asbestos bodies, and also that 
there is no other more likely explanation for the 
presence of the fibrosis. 
(29) PERSON.—The term ‘‘person’’ means an 
individual, trust, firm, corporation, association, part-
nership, or joint venture. The term does not in-
clude—
(A) an asbestos trust in existence as of the 
date of enactment of this Act unless the trust 
elects to be covered by this Act under section 
701(b); or 
(B) the United States Government or any 
State government. 
(30) PHYSICIAN.—The term ‘‘physician’’ means 
a medical doctor or doctor of osteopathy currently li-
censed to practice medicine in any State who has 
not, within the 5-year period prior to the date of en-
actment of this Act, spent more than one half of the 
doctor’s professional time, or derived more than one-
half of the doctor’s professional income, either annu-
ally or in total, either reviewing or testifying in any 
forum on medical-legal issues related to asbestos.
(31) PREDICTED VALUE.—The term ‘‘predicted 
value’’ means a published reference to the normal 
breathing capacity of healthy populations based on 
age, height, and gender, as approved by the Medical 
Director, pursuant to a rule, issued within 120 days 
of the date of enactment. For the purposes of this 
Act, the use of any published, predicted values that 
are generally accepted in the medical community 
shall be acceptable and such values may not be ad-
justed for race. 
(32) PULMONARY
FUNCTION
TESTING.—The 
term ‘‘pulmonary function testing’’ means tests for 
forced vital capacity, lung volume, and diffusing 
studies using equipment, tests and standards gen-
erally accepted in the medical community, as ap-
proved by the Medical Director, pursuant to a rule, 
issued within 120 days of enactment of this Act. 
Such pulmonary function test shall not be adjusted 
for race. 
(33) PUNITIVE DAMAGES.—The term ‘‘punitive 
damages’’ means damages, in addition to compen-
satory damages, awarded against any person to pun-
ish past conduct or deter that person, or others, 
from engaging in similar conduct in the future.
(34) QUALIFIED PHYSICIAN.—The term ‘‘quali-
fied physician’’ means, with respect to a diagnosis or 
other medical judgment or procedure under this Act, 
an internist, pulmonary specialist, pathologist, radi-
ologist, oncologist, or specialist in occupational medi-
cine with an appropriate subspecialty, as appro-
priate, who is certified by the relevant medical spe-
cialty board. 
(35) 
QUALIFYING
NATIONAL
SETTLEMENT 
PLAN.—The term ‘‘Qualifying National Settlement 
Plan’’ means a written agreement or related series 
of written agreements with claimants or with attor-
neys or law firms representing claimants, pursuant 
to which a person who is or may be responsible for 
such claims has resolved or agreed to resolve at least 
50 percent of the asbestos claims that were pending 
against such person. 
(36) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
Commonwealth of Puerto Rico, the Northern Mar-
iana Islands, the Virgin Islands, Guam, American 
Samoa, and any other territory or possession of the 
United States or any political subdivision of any of 
the foregoing.
(37) TLC.—The term ‘‘TLC’’ means total lung 
capacity, which is the volume of air in the lung after 
maximal inspiration. 
(38) TRUSTEE.—The term ‘‘Trustee’’ means 
the Trustee of the Asbestos Compensation Fund. 
(39) VETERANS’ 
BENEFITS
PROGRAM.—The 
term ‘‘veterans’ benefits program’’ means any pro-
gram for benefits in connection with military service 
administered by the Veterans’ Administration under 
Title 38, United States Code. 
(40) WORKERS’ 
COMPENSATION
LAW.—The 
term ‘‘workers’ compensation law’’ means a law re-
specting a program administered by a State or the 
United States to provide benefits, funded by a re-
sponsible employer or its insurance carrier, for occu-
pational diseases or injuries or for disability or death 
caused by occupational diseases or injuries. The 
term includes the Longshore and Harbor Workers’ 
Compensation Act (33 U.S.C. 901-944, 948-950), 
but does not include the Employer’s Liability Act, 
(45 U.S.C. chapter 2).
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. RELATIONSHIP TO OTHER LAWS. 
(a) APPLICABILITY OF OTHER FEDERAL LAWS.—
The OAC may, with the approval of the Director of the 
Office of Management and Budget, waive the applicability 
in whole or in part of personnel and procurement laws and 
regulations, provided that any such waiver must be spe-
cific, must be subject to periodic review and evaluation, 
and must be reasonably related to the goals of expeditious, 
professional, efficient, cost-effective and fair resolution of 
asbestos claims. 
(b) 
APPLICATION
TO
EXISTING
ASBESTOS 
TRUSTS.—
(1) IN GENERAL.—This Act shall not apply to 
any asbestos trust in existence as of the date of en-
actment of this Act, except as provided in paragraph 
(2). 
(2) ELECTION.—An asbestos trust may elect to 
be subject to this Act by providing written notice of 
such election to the OAC, in which case the trust 
will have the same rights and responsibilities under 
this Act as any person who is not a trust. A valid 
election under this paragraph shall be irrevocable.
(c) SETTLEMENTS PRESERVED.—Nothing in this 
Act—
(1) invalidates any settlement of asbestos 
claims entered into prior to the date of enactment 
of this Act; or 
(2) revokes or negates any asbestos defendant’s 
standing offer to settle existing asbestos claims. 
(d) OTHER COMPENSATION.—This Act shall not be 
construed to affect the scope or operation of any workers’ 
compensation law or veterans’ disability benefit program, 
to affect the exclusive remedy provisions of any such law, 
or to authorize any lawsuit which is barred by any such 
provision of law. 
(e) SUCCESSOR LIABILITY.—Nothing in this Act is 
intended to displace otherwise applicable law governing 
any liability arising from the defendants’ status as trans-
feree or successor with respect to a change in ownership 
of corporate assets. 
SEC. 702. ANNUAL REPORTS. 
The Administrator shall submit an annual report to 
the President and Congress. 
SEC. 703. ENFORCEMENT. 
The Administrator may enforce any obligation im-
posed on any person by this Act in a district court of the 
United States, and such courts shall have exclusive juris-
diction over such actions without regard to the amount 
in controversy or citizenship of the parties. The Adminis-
trator, if successful, shall be entitled to costs, including 
attorney’s fees. 
SEC. 704. QUALIFYING NATIONAL SETTLEMENT PLAN. 
Any defendant which is party to a Qualifying Na-
tional Settlement Plan may elect to defer the application 
of this Act (other than sections 201 through 207 and sec-
tion 501) to asbestos claims against that defendant for 
a period not exceeding 7 years from a date relative to the 
commencement of the Qualified National Settlement Plan. 
The Administrator shall, by rule, adopt procedures for 
processing requests for deferral under this section. If the 
request for deferral is accepted, the deferred defendant 
and any asbestos claims or third party asbestos claims 
against the deferred defendant shall not be subject to the 
provisions of this Act (other than sections 201 through 
207 and section 501). 
SEC. 705. SEVERABILITY. 
If any provision of this Act or the application of such 
provision to any person or circumstance is held invalid, 
it is the intent of Congress that the remainder of this Act 
and application of such provision to other persons or cir-
cumstances shall not be affected thereby.
SEC. 706. SETTLEMENTS. 
For a period of 7 years after the date of enactment 
of this Act, a claimant or a defendant may specifically en-
force, in any applicable Federal or State court where the 
claimant is alleging that the claimant was exposed to as-
bestos or where the claimant is currently domiciled, any 
written settlement agreement which was agreed to by the 
claimant or the claimant’s attorney and the defendant be-
fore such date of enactment.
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