is no other more likely explanation for the presence 
of the fibrosis. 
(26) PREDICTED LOWER LIMIT OF NORMAL.—
The term ‘‘predicted lower limit of normal’’ for any 
pulmonary function test means the calculated stand-
ard convention lying at the fifth percentile, below the 
upper 95 percent of the reference population based 
on age, height, and gender, according to the rec-
ommendations of the American Thoracic Society as 
referenced in the AMA Guides to the Evaluation of 
Permanent Impairment (5th Ed. 2000). 
(27) PREMISES OWNER.—The term ‘‘premises 
owner’’ means a person who owns, in whole or in 
part, leases, rents, maintains, or controls privately 
owned lands, ways or waters, or any buildings and 
structures on those lands, ways or waters, and all 
privately owned and State-owned lands, ways, or wa-
ters leased to a private person, firm, or organization, 
including any buildings and structures on those 
lands, ways or waters. 
(28) PULMONARY FUNCTION TEST.—The term 
‘‘pulmonary function test’’ means spirometry, lung 
volume testing and diffusion capacity testing (includ-
ing appropriate measurements and graphs) per-
formed in accordance with the AMA Guides to the
Evaluation of Permanent Impairment (5th Ed. 
2000), 20 CFR 404, Subpart P, Appendix 1, Part 
(A), Sections 3.00 (E) and (F) (2003) and the Offi-
cial Statements of the American Thoracic Society, 
‘‘Lung Function Testing: Selection of Reference Val-
ues and Interpretative Strategies’’, Am. Rev. Resp. 
Dis. 1991; 144:1202–1218; ‘‘Standardization of 
Spirometry, 1994 Update’’, Am. J. Resp. Critical 
Care Med 1995; 152:1107–1136; and ‘‘Single-breath 
Carbon Monoxide Diffusion Capacity (Transfer Fac-
tor): Recommendations for A Standard Technique-
1995 Update’’, Am. J. Resp. Critical Care Med 
1995; 152:2185–2198. 
(29) PUNITIVE DAMAGES.—The term ‘‘punitive 
damages’’ means damages awarded against a de-
fendant in order to punish or deter such defendant 
or others from engaging in similar behavior in the 
future. 
(30) QUALIFIED PHYSICIAN.—The term ‘‘quali-
fied physician’’ means a medical doctor, who—
(A) 
is 
a 
Board-certified 
internist, 
oncologist, pathologist, pulmonary specialist, ra-
diologist, or specialist in occupational and envi-
ronmental medicine;
(B) has conducted a physical examination 
of the exposed person; 
(C) is actually treating or treated the ex-
posed person, and has or had a doctor-patient 
relationship with such person at the time of the 
physical examination; 
(D) spends no more than 10 percent of 
his/her professional practice time, or rendered 
more than 40 diagnoses, whichever quantity is 
smaller, in providing consulting or expert serv-
ices in connection with actual or potential civil 
actions, and whose medical group, professional 
corporation, clinic, or other affiliated group 
earns not more than 20 percent of their reve-
nues from providing such services; 
(E) is currently licensed to practice and 
actively practices in the State where the plain-
tiff resides or where the plaintiff’s civil action 
was filed or was licensed and practiced at the 
time of the physical examination; 
(F) receives or received payment for the 
treatment of the exposed person from that per-
son’s health maintenance organization or other 
medical provider, or from the exposed person or
from a member of the exposed person’s family; 
and 
(G) a physician may not, as the basis for 
a diagnosis, rely, in whole or in part, on any 
of—
(i) the reports or opinions of any doc-
tor, clinic, laboratory, or testing company 
that performed an examination, test, or 
screening of the exposed person’s medical 
condition in violation of any law, regula-
tion, licensing requirement, or medical code 
of practice of the State in which the exam-
ination, test, or screening was conducted; 
(ii) the reports or opinions of any doc-
tor, clinic, laboratory, or testing company 
that performed an examination, test, or 
screening of the exposed person’s medical 
condition that was conducted without 
clearly establishing a doctor-patient rela-
tionship with the exposed person or med-
ical person involved in the examination, 
test, or screening process; or 
(iii) the reports or opinions of any 
doctor, clinic, laboratory, or testing com-
pany that performed an examination, test,
or screening of the exposed person’s med-
ical condition that required the exposed 
person to agree to retain the legal service 
of the law firm sponsoring the examina-
tion, test, or screening. 
(31) RADIOLOGICAL
EVIDENCE
OF
ASBES-
TOSIS.—The term ‘‘radiological evidence of asbes-
tosis’’ means a quality 1 chest x-ray under the ILO 
system of classification (in a death case where no 
pathology is available, the necessary radiological 
findings may be made with a quality 2 film, if a 
quality 1 film is not available) showing small, irreg-
ular opacities (s,t,u) graded by a certified B-reader 
as at least 1/1 on the ILO scale. 
(32) RADIOLOGICAL
EVIDENCE
OF
DIFFUSE 
PLEURAL THICKENING.—The term ‘‘radiological evi-
dence of diffuse pleural thickening’’ means a quality 
1 chest x-ray under the ILO system of classification 
(in a death case where no pathology is available, the 
necessary radiological findings may be made with a 
quality 2 film, if a quality 1 film is not available) 
showing bilateral pleural thickening of at least B2 
on the ILO scale and blunting of at least one 
costophrenic angle.
(33) RADIOLOGICAL EVIDENCE OF SILICOSIS.—
The term ‘‘radiological evidence of silicosis’’ means 
a chest x-ray showing bilateral rounded or irregular 
opacities (p, q, or r) in the upper lung fields graded 
by a certified B-reader as at least 1/1 on the ILO 
scale. 
(34) SILICA.—The terms ‘‘silica’’ means a res-
pirable crystalline form of silicon dioxide, including, 
but not limited to, alpha, quartz, cristobalite, and 
trydmite. 
(35) SILICA CLAIM.—The term ‘‘silica claim’’ 
means any claim for damages or other relief pre-
sented in a civil action or bankruptcy proceeding, 
arising out of, based on, or related to the health ef-
fects of exposure to silica, including loss of consor-
tium and any other derivative claim made by or on 
behalf of any exposed person or any representative, 
spouse, parent, child, or other relative of any ex-
posed person. The term does not include claims for 
benefits under a workers’ compensation law or vet-
erans’ benefits program, or claims brought by any 
person as a subrogee by virtue of the payment of 
benefits under a workers’ compensation law.
(36) SILICOSIS.—The term ‘‘silicosis’’ means 
nodular interstitial fibrosis of the lungs caused by 
inhalation of silica. 
(37) SMOKER.—The term ‘‘smoker’’ means a 
person who has smoked cigarettes or used other to-
bacco products within 15 years from the date the 
person was diagnosed with an asbestos, silica, or 
mixed-dust related disease. 
(38) 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. 
(39) SUBSTANTIAL CONTRIBUTING FACTOR.—
The term ‘‘substantial contributing factor’’ means—
(A) exposure to asbestos or silica is the 
predominate cause of the physical impairment 
alleged in the asbestos or silica claim; 
(B) the exposure to asbestos or silica took 
place on a regular basis over an extended period 
of time and in close proximity to the exposed 
person; and
(C) a qualified physician has determined 
with a reasonable degree of medical certainty 
that the physical impairment of the exposed 
person would not have occurred but for the as-
bestos or silica exposures. 
(40) SUBSTANTIAL
OCCUPATIONAL
EXPOSURE 
TO ASBESTOS.—The term ‘‘substantial occupational 
exposure to asbestos’’ means employment for a cu-
mulative period of at least ten years in an industry 
and an occupation in which, for a substantial portion 
of a normal work year for that occupation, the ex-
posed person did any of the following: 
(A) Handled raw asbestos fibers. 
(B) Fabricated asbestos-containing prod-
ucts so that the person was exposed to raw as-
bestos fibers in the fabrication process. 
(C) Altered, repaired, or otherwise worked 
with an asbestos-containing product in a man-
ner that exposed the person on a regular basis 
to asbestos fibers. 
(D) Worked in close proximity to other 
workers engaged in any of the activities de-
scribed herein in a manner that exposed the 
person on a regular basis to asbestos fibers.
(41) TOTAL LUNG CAPACITY.—The term ‘‘total 
lung capacity’’ means the volume of air in the lungs 
after a maximal inspiration as measured by either 
plethysmography or time gas dilution techniques. 
(42) 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. 
(43) 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), 
and chapter 81 of title 5, United States Code 
(known as the Federal Employees Compensation 
Act), but does not include the Act of April 22, 1908 
(45 U.S.C. 51 et seq.) (popularly referred to as the 
‘‘Federal Employers’ Liability Act’’).
SEC. 9. MISCELLANEOUS PROVISIONS. 
(a) CONSTRUCTION WITH OTHER LAWS.—This Act 
shall not be construed to affect the scope or operation of 
any workers’ compensation law or veterans’ benefit pro-
gram, to affect the exclusive remedy or subrogation provi-
sions of any such law, or to authorize any lawsuit which 
is barred by any such provision of law. 
(b) CONSTITUTIONAL AUTHORITY.—The Constitu-
tional authority for this Act is contained in article I, sec-
tion 8, clause 3 of the Constitution of the United States 
and in article III, section 1 of the Constitution of the 
United States. 
SEC. 10. EFFECTIVE DATE. 
This Act shall be effective on the date of the enact-
ment of this Act and apply to any civil action asserting 
an asbestos or silica claim in which final judgment has 
not been entered as of the date of the enactment of this 
Act.
Æ