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 compensa-
tion 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 Pennsyl-
vania, Mr. SIMMONS, Mr. TIBERI, Mr. BAKER, Mr. MANZULLO, and Mr. 
CONAWAY) introduced the following bill; which was referred to the Com-
mittee 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 individ-
uals 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Asbestos Compensation Fairness Act of 2005’’. 
(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 prem-
ises owners. 
Sec. 8. Definitions. 
Sec. 9. Miscellaneous provisions. 
Sec. 10. Effective date.
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that—
(1) asbestos is a mineral that was widely used 
prior to the 1980s for insulation, fireproofing, and 
other purposes; 
(2) millions of American workers and others 
were exposed to asbestos, especially during and after 
World War II and prior to the advent of regulation 
by the Occupational Safety and Health Administra-
tion in the early 1970s; 
(3) long-term exposure to asbestos has been as-
sociated with various types of cancer, including 
mesothelioma and lung cancer, as well as such non-
malignant conditions as asbestosis, pleural plaques, 
and diffuse pleural thickening; 
(4) the diseases caused by asbestos often have 
long latency periods; 
(5) although the use of asbestos has dramati-
cally declined since 1980 and workplace exposures 
have been regulated since 1971 by the Occupational 
Safety & Health Administration, past exposures will 
continue to result in significant claims of death and 
disability as a result of such exposure; 
(6) exposure to asbestos has created a flood of 
litigation in State and Federal courts that the 
United States Supreme Court has characterized as 
‘‘an elephantine mass’’ of cases that ‘‘defies cus-
tomary judicial administration and calls for national 
legislation,’’ Ortiz v. Fibreboard Corporation, 119 S. 
Ct. 2295, 2302 (1999); 
(7) asbestos personal injury litigation can be 
unfair and inefficient, imposing a severe burden on 
litigants and taxpayers alike; 
(8) the extraordinary volume of nonmalignant 
asbestos cases continues to strain State and Federal 
courts, with a significant number of new cases filed 
each year;
(9) asbestos personal injury litigation has al-
ready contributed to the bankruptcy of more than 
70 companies, including nearly all manufacturers of 
asbestos textile and insulation products, and the rate 
of asbestos-driven bankruptcies is accelerating; 
(10) the vast majority of asbestos claims are 
filed by individuals who allege they have been ex-
posed to asbestos and who may have some physical 
sign of exposure, but who suffer no present asbestos-
related impairment; 
(11) the cost of compensating exposed individ-
uals who are not sick jeopardizes the ability of de-
fendants to compensate people with cancer and other 
serious asbestos-related diseases, now and in the fu-
ture; threatens the savings, retirement benefits, and 
jobs of defendants’ current and retired employees; 
adversely affects the communities in which these de-
fendants operate; and impairs the national economy 
and interstate commerce; 
(12) the several thousand asbestos-related can-
cer cases that are filed each year are manageable by 
the courts and the litigants; 
(13) silica is a naturally occurring mineral with 
the Earth’s crust consisting of over 90 percent silica,
and crystalline silica dust is the primary component 
of sand, quartz, and granite; 
(14) silicosis was recognized as an occupational 
disease many years ago, and by the 1930s, the Fed-
eral Government launched a silica awareness cam-
paign, which led to greater protection for workers 
exposed to silica resulting in a predictable number of 
silica claims; 
(15) in recent years, however, the number of 
new lawsuits alleging silica disease being filed each 
year began to rise precipitously; 
(16) like asbestos claims, silica claims often 
arise when an exposed person is identified as having 
markings on his or her lungs that are possibly con-
sistent with silica exposure, but the exposed person 
has no functional or physical impairment from silica; 
(17) therefore, it is necessary to address silica 
litigation to avoid an asbestos-like litigation crisis; 
(18) concerns about statutes of limitations can 
force claimants who have been exposed to asbestos 
or silica, but who have no current injury, to bring 
premature lawsuits in order to protect against losing 
their rights to future compensation should they be-
come impaired;
(19) consolidations, joinder, and similar proce-
dures, to which some courts have resorted in order 
to deal with the mass of asbestos and silica cases, 
can undermine the appropriate functioning of the ju-
dicial process and encourage the filing of thousands 
of cases by exposed individuals who are not yet sick 
and who may never become sick; 
(20) similarly, the availability of sympathetic 
forums in States with no connection to the plaintiff 
or to the exposures that form the basis of the law-
suit has encouraged the filing of thousands of cases 
on behalf of exposed individuals who are not yet sick 
and may never become sick; 
(21) excessive, unpredictable, and often arbi-
trary damage awards and unfair allocations of liabil-
ity jeopardize the financial well-being of many indi-
viduals, businesses, and entire industries, particu-
larly the Nation’s small businesses; 
(22) punitive damage awards unfairly divert the 
resources of defendants from compensating genu-
inely impaired claimants and, given the lengthy his-
tory of asbestos and silica litigation and the regu-
latory restrictions on the use of asbestos-containing 
products in the workplace, the legal justification for
such awards—punishment and deterrence—is either 
inapplicable or inappropriate; and 
(23) the public interest and the interest of 
interstate commerce requires deferring the claims of 
exposed individuals who are not sick in order to pre-
serve, now and for the future, defendants’ ability to 
compensate people who develop cancer and other se-
rious asbestos, or related, injuries and to safeguard 
the jobs, benefits, and savings of American workers 
and the well-being of the national economy. 
(b) PURPOSES.—It is the purpose of this Act to—
(1) give priority to those asbestos or silica 
claimants who can demonstrate actual physical harm 
or illness caused by exposure to asbestos or silica; 
(2) fully preserve the rights of claimants who 
were exposed to asbestos or silica to pursue com-
pensation should they become impaired in the future 
as a result of such exposure; 
(3) enhance the ability of the State and Federal 
judicial systems to supervise and control asbestos 
and silica litigation and asbestos-related bankruptcy 
proceedings; and 
(4) conserve the scarce resources of the defend-
ants, and marshal assets in bankruptcy, to allow 
compensation of cancer victims and others who are
physically impaired by exposure to asbestos or silica 
while securing the right to similar compensation for 
those who may suffer physical impairment in the fu-
ture. 
SEC. 3. PHYSICAL IMPAIRMENT. 
(a) IMPAIRMENT ESSENTIAL ELEMENT OF CLAIM.—
Physical impairment of the exposed person, to which as-
bestos or silica exposure was a substantial contributing 
factor, shall be an essential element of an asbestos or silica 
claim. 
(b) PRIMA FACIE EVIDENCE OF PHYSICAL IMPAIR-
MENT FOR NONMALIGNANT ASBESTOS CLAIMS.—No per-
son shall bring or maintain a civil action alleging a non-
malignant asbestos claim in the absence of a prima facie 
showing of physical impairment as a result of a medical 
condition to which exposure to asbestos was a substantial 
contributing factor. Such a prima facie showing shall in-
clude all of the following minimum requirements: 
(1) Evidence verifying that a qualified physician 
has taken a detailed occupational and exposure his-
tory of the exposed person or, if such person is de-
ceased, from the person who is the most knowledge-
able about the exposures that form the basis of the 
nonmalignant asbestos claim, including—
(A) all of the exposed person’s principal 
places of employment and exposures to airborne 
contaminants; and 
(B) whether each place of employment in-
volved exposures to airborne contaminants (in-
cluding but not limited to asbestos fibers or 
other disease causing dusts) that can cause pul-
monary impairment and the nature, duration, 
and level of any such exposure. 
(2) Evidence verifying that a qualified physician 
has taken detailed medical and smoking history, in-
cluding a thorough review of the exposed person’s 
past and present medical problems, and their most 
probable cause. 
(3) A determination by a qualified physician, on 
the basis of a medical examination and pulmonary 
function testing, that the exposed person has a per-
manent respiratory impairment rating of at least 
Class 2 as defined by and evaluated pursuant to the 
AMA Guides to the Evaluation of Permanent Im-
pairment. 
(4) A diagnosis by a qualified physician of as-
bestosis or diffuse pleural thickening, based at a 
minimum on radiological or pathological evidence of
asbestosis or radiological evidence of diffuse pleural 
thickening. 
(5) A determination by a qualified physician 
that asbestosis or diffuse pleural thickening (rather 
than solely chronic obstructive pulmonary disease) is 
a substantial contributing factor to the exposed per-
son’s physical impairment, based at a minimum on 
a determination that the exposed person has—
(A) 
total 
lung 
capacity, 
by 
plethysmography or timed gas dilution, below 
the predicted lower limit of normal; or 
(B) forced vital capacity below the lower 
limit of normal and a ratio of FEV1 to FVC 
that is equal to or greater than the predicted 
lower limit of normal; and 
(C) a chest x-ray showing small, irregular 
opacities (s,t,u) graded by a certified B-reader 
at least 2/1 on the ILO scale. 
(c) PRIMA FACIE EVIDENCE OF ASBESTOS-RELATED 
LUNG CANCER.—No person shall bring or maintain a civil 
action alleging an asbestos claim which is based upon lung 
cancer, in the absence of a prima facie showing which shall 
include the following minimum requirements: 
(1) Diagnosis by a Board-certified pathologist, 
pulmonary specialist, or oncologist of a primary lung
cancer and that exposure to asbestos was a substan-
tial contributing factor to the lung cancer. 
(2) Evidence sufficient to demonstrate that at 
least 10 years have elapsed between the date of first 
exposure to asbestos and the date of diagnosis of the 
lung cancer. 
(3) Depending on whether the exposed person 
has a history of smoking, the requirements of either 
(A) or (B) below—
(A) in the case of an exposed person who 
is a nonsmoker, either—
(i) radiological or pathological evi-
dence of asbestosis or radiological evidence 
of diffuse pleural thickening; or 
(ii) either—
(I) evidence of the exposed per-
son’s substantial occupational expo-
sure to asbestos; or 
(II) evidence of the exposed per-
son’s exposure to asbestos at least 
equal to 25 fiber per cc years as de-
termined to a reasonable degree of 
scientific probability by a scientifically 
valid retrospective exposure recon-
struction conducted by a certified in-
dustrial hygienist or certified safety 
professional based upon all reasonably 
available quantitative air monitoring 
data and all other reasonably available 
information about the exposed per-
son’s occupational history and history 
of exposure to asbestos; or 
(B) in the case of an exposed person who 
is a smoker, the criteria contained in both 
(A)(i) and (A)(ii) must be met. 
(d) PRIMA FACIE EVIDENCE OF ASBESTOS-RELATED 
OTHER CANCER.—No person shall bring or maintain a 
civil action alleging an asbestos claim which is based upon 
cancer of the colon, rectum, larynx, pharynx, esophagus, 
or stomach, in the absence of a prima facie showing which 
shall include the following minimum requirements: 
(1) A diagnosis by a Board-certified patholo-
gist, Board-certified pulmonary specialist, or Board-
certified oncologist (as appropriate for the type of 
cancer claimed) of primary cancer of the colon, rec-
tum, larynx, pharynx, esophagus, or stomach, and 
that exposure to asbestos was a substantial contrib-
uting factor to the condition. 
(2) Evidence sufficient to demonstrate that at 
least 10 years have elapsed between the date of first
exposure to asbestos and the date of diagnosis of the 
cancer. 
(3) The requirements of (A) and (B) below—
(A) radiological or pathological evidence of 
asbestosis or radiological evidence of diffuse 
pleural thickening; and 
(B) either of the following: 
(i) Evidence of the exposed person’s 
substantial occupational exposure to asbes-
tos. 
(ii) Evidence of the exposed person’s 
exposure to asbestos at least equal to 25 
fiber per cc years as determined to a rea-
sonable degree of scientific probability by a 
scientifically valid retrospective exposure 
reconstruction conducted by a certified in-
dustrial hygienist or certified safety profes-
sional based upon all reasonably available 
quantitative air monitoring data and all 
other 
reasonably 
available 
information 
about the exposed person’s occupational 
history and history of exposure to asbestos. 
(e) PRIMA FACIE REQUIREMENT
FOR MESOTHE-
LIOMA.—No person shall bring or maintain a civil action 
alleging an asbestos claim based upon mesothelioma, in
the absence of a prima facie showing which shall include 
a diagnosis of malignant mesothelioma disease on the 
basis of findings by a qualified physician and credible evi-
dence of identifiable exposure to asbestos resulting from—
(1) occupational exposure to asbestos; 
(2) exposure to asbestos fibers brought into the 
home of the claimant by a worker occupationally ex-
posed to asbestos; or 
(3) exposure to asbestos fibers resulting from 
living or working in the proximate vicinity of a fac-
tory, shipyard, building demolition site, or other op-
eration that regularly released asbestos fibers into 
the air due to operations involving asbestos at that 
site. 
(f) PRIMA FACIE EVIDENCE OF PHYSICAL IMPAIR-
MENT FOR NONMALIGNANT SILICA CLAIMS.—No person 
shall bring or maintain a civil action alleging a nonmalig-
nant silica claim in the absence of a prima facie showing 
of physical impairment as a result of a medical condition 
to which exposure to silica was a substantial contributing 
factor. Such a prima facie showing shall include all of the 
following minimum requirements: 
(1) Evidence verifying that a qualified physician 
has taken a detailed occupational and exposure his-
tory of the exposed person or, if such person is de-
ceased, from the person who is the most knowledge-
able about the exposures that form the basis of the 
nonmalignant silica claim, including—
(A) all of the exposed person’s principal 
places of employment and exposures to airborne 
contaminants; and 
(B) whether each place of employment in-
volved exposures to airborne contaminants (in-
cluding but not limited to silica or other disease 
causing dusts) that can cause pulmonary im-
pairment and the nature, duration, and level of 
any such exposure. 
(2) Evidence verifying that a qualified physician 
has taken detailed medical and smoking history, in-
cluding a thorough review of the exposed person’s 
past and present medical problems, and their most 
probable cause. 
(3) A determination by a qualified physician, on 
the basis of a medical examination and pulmonary 
function testing, that the exposed person has both—
(A) a permanent respiratory impairment 
rating of at least Class 2 as defined by and 
evaluated pursuant to the AMA Guides to the 
Evaluation of Permanent Impairment; and
(B) silicosis based at a minimum on radio-
logical or pathological evidence of silicosis. 
(g) PRIMA FACIE EVIDENCE OF SILICA-RELATED 
LUNG CANCER.—No person shall bring or maintain a civil 
action alleging an asbestos claim which is based upon lung 
cancer, in the absence of a prima facie showing which shall 
include the following minimum requirements: 
(1) Diagnosis by a Board-certified pathologist, 
pulmonary specialist, or oncologist of a primary lung 
cancer and that exposure to silica was a substan-
tially contributing factor to the condition. 
(2) Evidence sufficient to demonstrate that at 
least 10 years have elapsed from the date of the ex-
posed person’s first exposure to silica until the date 
of diagnosis of the exposed person’s primary lung 
cancer. 
(3) Depending on whether the exposed person 
has a history of smoking, the requirements of either 
(A) or (B) below—
(A) in the case of an exposed person who 
is a nonsmoker, either—
(i) radiological or pathological evi-
dence of silicosis; or
(ii) evidence of the exposed person’s 
substantial occupational exposure to silica; 
or 
(B) in the case of an exposed person who 
is a smoker, the criteria contained in both 
(A)(i) and (A)(ii) must be met. 
(h) COMPLIANCE WITH TECHNICAL STANDARDS.—
Evidence relating to physical impairment under this sec-
tion, including pulmonary function testing and diffusing 
studies, shall comply with the technical recommendations 
for examinations, testing procedures, quality assurance/
quality control, and equipment of the AMA Guides to the 
Evaluation of Permanent Impairment. No adjustments 
with respect to pulmonary function testing shall be made 
on the basis of race. 
(i) NO PRESUMPTION AT TRIAL.—Presentation of 
prima facie evidence meeting the requirements of sub-
section (b), (c), (d), (f), or (g) of this section shall not—
(1) result in any presumption at trial that the 
exposed person is impaired by an asbestos- or silica-
related condition; 
(2) be conclusive as to the liability of any de-
fendant; and 
(3) be admissible at trial.
SEC. 4. PROCEDURES. 
(a) CONSOLIDATION.—A court may consolidate for 
trial any number and type of asbestos or silica claims with 
consent of all the parties. In the absence of such consent, 
the court may consolidate for trial only asbestos or silica 
claims relating to the same exposed person and members 
of his or her household. 
(b) FEDERAL VENUE.—The Federal district courts 
shall have original jurisdiction of any asbestos or silica 
claim. A civil action alleging an asbestos or silica claim 
may only be brought in the Federal district court of plain-
tiff’s domicile or where all, or a substantial part, including 
the most significant, exposure to asbestos or silica oc-
curred, that is a substantial contributing factor to the 
physical impairment on which the claim is based. 
(c) PRELIMINARY PROCEEDINGS.—The plaintiff in 
any civil action alleging an asbestos or silica claim shall 
file together with the complaint or other initial pleading 
a written report and supporting test results constituting 
prima facie evidence of the exposed person’s asbestos- or 
silica-related impairment meeting the requirements of sub-
section (b), (c), (d), (f), or (g) of section 3. For any asbes-
tos or silica claim pending on the effective date of this 
Act, the plaintiff shall file such a written report and sup-
porting test results no later than 60 days following the 
effective date, or if trial is scheduled within 60 days of
the effective date, no later than 30 days prior to trial. The 
defendant shall be afforded a reasonable opportunity to 
challenge the adequacy of the proffered prima facie evi-
dence of asbestos- or silica-related impairment. The plain-
tiff’s claim shall be dismissed without prejudice upon a 
finding of failure to make the required prima facie show-
ing. 
(d) BURDEN OF PROOF.—The plaintiff in any civil 
action alleging an asbestos or silica claim shall have the 
following burden of proof: 
(1) The plaintiff must prove that the conduct of 
each defendant was a substantial contributing factor 
of the exposed person’s asbestos- or silica-related im-
pairment. 
(2) The plaintiff must prove exposure to asbes-
tos or silica that was manufactured, supplied, in-
stalled, or used by each defendant in the civil action 
and that the plaintiff’s exposure to each defendant’s 
asbestos or silica was a substantial factor in causing 
the asbestos- or silica-related impairment. In deter-
mining whether exposure to a particular defendant’s 
asbestos or silica was a substantial contributing fac-
tor in causing the asbestos- or silica-related impair-
ment, the trier of fact in the civil action shall con-
sider, without limitation, all of the following:
(A) The manner in which the plaintiff was 
exposed to defendant’s asbestos or silica. 
(B) The proximity of the defendant’s as-
bestos or silica to the plaintiff when the expo-
sure to the defendant’s asbestos or silica oc-
curred. 
(C) The frequency and length of the plain-
tiff’s exposure to the defendant’s asbestos or 
silica. 
(D) Any factors that mitigated or en-
hanced the plaintiff’s exposure to asbestos or 
silica. 
SEC. 5. STATUTE OF LIMITATIONS; TWO-DISEASE RULE. 
(a) STATUTE
OF LIMITATIONS.—Notwithstanding 
any other provision of law, with respect to any asbestos 
or silica claim not barred as of the effective date of this 
Act, the limitations period shall not begin to run until the 
exposed person discovers, or through the exercise of rea-
sonable diligence should have discovered, that he or she 
is physically impaired by an asbestos- or silica-related con-
dition. 
(b) TWO-DISEASE RULE.—An asbestos or silica claim 
arising out of a nonmalignant condition shall be a distinct 
cause of action from an asbestos or silica claim relating 
to the same exposed person arising out of asbestos- or sili-
ca-related cancer. No damages shall be awarded for fear 
or risk of cancer in any civil action asserting an asbestos 
or silica claim. 
SEC. 6. SCOPE OF LIABILITY; DAMAGES. 
(a) PROPORTIONAL LIABILITY.—A defendant against 
whom a final judgment is entered in a civil action alleging 
an asbestos or silica claim shall be liable only for that por-
tion of the judgment that corresponds to the percentage 
of responsibility of such defendant. For the purposes of 
determining the percentage of responsibility of a defend-
ant, the trier of fact shall determine that percentage as 
a percentage of the total fault of all persons (including 
the plaintiff and those who have filed for bankruptcy pro-
tection) who are responsible for the harm to the plaintiff, 
regardless of whether or not such person is a party to the 
action. The court shall render a separate judgment against 
each defendant in an amount determined pursuant to this 
subsection. 
(b) NONECONOMIC LOSS.—In any civil action alleg-
ing an asbestos or silica claim, the total amount of dam-
ages that may be awarded for noneconomic loss shall not 
exceed $250,000, regardless of the number of parties 
against whom the action is brought. However, in actions 
involving an asbestos or silica claim based upon mesothe-
lioma, the total amount of damages that may be awarded 
for noneconomic loss shall not exceed $500,000. 
(c) PUNITIVE DAMAGES.—No punitive damages shall 
be awarded in any civil action alleging an asbestos or silica 
claim. 
(d) COLLATERAL SOURCE PAYMENTS.—At the time 
a complaint is filed in a civil action alleging an asbestos 
or silica claim, the plaintiff must file a written report with 
the court that discloses the total amount of any collateral 
source payments received, including payments which the 
plaintiff will receive in the future, as a result of settle-
ments or judgments based upon the same claim. For any 
asbestos or silica claim pending on the date of enactment 
of this Act, the plaintiff shall file such written report no 
later than 60 days after the date of enactment, or if trial 
is scheduled within 60 days of enactment, no later than 
30 days prior to trial. Further, the plaintiff shall be re-
quired to update this report on a regular basis during the 
course of the proceeding until a final judgment is entered 
in the case. The court shall ensure that the information 
contained in the initial and updated reports is treated as 
privileged and confidential and that the contents of the 
written reports shall not be disclosed to anyone except the 
other parties to the action. The amount of an award other-
wise available to an asbestos or silica plaintiff shall be re-
duced by the amount of collateral source compensation 
disclosed pursuant to this section. 
SEC. 7. LIABILITY RULES APPLICABLE TO PRODUCT SELL-
ERS, RENTERS, LESSORS, AND PREMISES 
OWNERS. 
(a)(1) IN GENERAL.—In any civil action alleging an 
asbestos or silica claim, a product seller other than a man-
ufacturer shall be liable to a plaintiff only if the plaintiff 
establishes that—
(A)(i) the product that allegedly caused the 
harm that is the subject of the complaint was sold, 
rented, or leased by the product seller; 
(ii) the product seller failed to exercise reason-
able care with respect to the product; and 
(iii) the failure to exercise reasonable care was 
a proximate cause of the harm to the exposed per-
son; 
(B)(i) the product seller made an express war-
ranty applicable to the product that allegedly caused 
the harm that is the subject of the complaint, inde-
pendent of any express warranty made by the manu-
facturer as to the same product; 
(ii) the product failed to conform to the war-
ranty; and
(iii) the failure of the product to conform to the 
warranty caused the harm to the exposed person; or 
(C)(i) the product seller engaged in intentional 
wrongdoing, as determined under applicable State 
law; and 
(ii) the intentional wrongdoing caused the harm 
that is the subject of the complaint. 
(2) REASONABLE OPPORTUNITY FOR INSPECTION.—
For the purposes of paragraph (1)(A)(i), a product seller 
shall not be considered to have failed to exercise reason-
able care with respect to a product based upon an alleged 
failure to inspect the product, if—
(A) the failure occurred because there was no 
reasonable opportunity to inspect the product; or 
(B) the inspection, in the exercise of reasonable 
care, would not have revealed the aspect of the prod-
uct that allegedly caused the exposed person’s im-
pairment. 
(b) RENTED OR LEASED PRODUCTS.—In any civil 
action alleging an asbestos or silica claim, a person en-
gaged in the business of renting or leasing a product shall 
not be liable for the tortious act of another solely by rea-
son of ownership of that product. 
(c) PREMISES OWNERS.—In any civil action alleging 
an asbestos or silica claim, a premises owner, or any entity
performing any operations on a premises, is not liable to 
a plaintiff for asbestos or silica claims, unless that plain-
tiff’s alleged exposure occurred while the exposed person 
was at the premises. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) AMA GUIDES TO THE EVALUATION OF PER-
MANENT IMPAIRMENT.—The term ‘‘AMA Guides to 
the Evaluation of Permanent Impairment’’ means 
the American Medical Association’s Guides to the 
Evaluation of Permanent Impairment (Fifth Edition 
2000) as may be modified from time to time by the 
American Medical Association. 
(2) ASBESTOS.—The term ‘‘asbestos’’ includes 
all minerals defined as ‘‘asbestos’’ in 29 CFR 1910 
as amended from time to time. 
(3) ASBESTOS
CLAIM.—The term ‘‘asbestos 
claim’’ means any claim for damages or other relief 
presented in a civil action or bankruptcy proceeding, 
arising out of, based on, or related to the health ef-
fects of exposure to asbestos, including loss of con-
sortium and any other derivative claim made by or 
on behalf of any exposed person or any representa-
tive, spouse, parent, child, or other relative of any 
exposed person. The term does not include claims
for benefits under a workers’ compensation law or 
veterans’ benefits program, or claims brought by any 
person as a subrogee by virtue of the payment of 
benefits under a workers’ compensation law. 
(4) 
ASBESTOSIS.—The 
term 
‘‘asbestosis’’ 
means bilateral diffuse interstitial fibrosis of the 
lungs caused by inhalation of asbestos fibers. 
(5) BANKRUPTCY
PROCEEDING.—The term 
‘‘bankruptcy proceeding’’ means a case brought 
under title 11, United States Code, or any related 
proceeding as provided in section 157 of title 28, 
United States Code. 
(6) BOARD-CERTIFIED
IN
INTERNAL
MEDI-
CINE.—The term ‘‘Board-certified in internal medi-
cine’’ means a physician who is certified by the 
American Board of Internal Medicine or the Amer-
ican Osteopathic Board of Internal Medicine. 
(7) BOARD-CERTIFIED IN OCCUPATIONAL MEDI-
CINE.—The term ‘‘Board-certified in occupational 
medicine’’ means a physician who is certified in the 
subspecialty of occupational medicine by the Amer-
ican Board of Preventive Medicine or the American 
Osteopathic Board of Preventive Medicine. 
(8) BOARD-CERTIFIED
IN
ONCOLOGY.—The 
term ‘‘Board-certified in oncology’’ means a physi-
cian who is certified in the subspecialty of medical 
oncology by the American Board of Internal Medi-
cine or the American Osteopathic Board of Internal 
Medicine. 
(9) BOARD-CERTIFIED
IN
PATHOLOGY.—The 
term ‘‘Board-certified in pathology’’ means a physi-
cian who holds primary certification in anatomic pa-
thology or clinical pathology from the American 
Board of Pathology or the American Osteopathic 
Board of Internal Medicine and whose professional 
practice—
(A) is principally in the field of pathology; 
and 
(B) involves regular evaluation of pathol-
ogy materials obtained from surgical or post-
mortem specimens. 
(10) BOARD-CERTIFIED IN PULMONARY MEDI-
CINE.—The term ‘‘Board-certified in pulmonary 
medicine’’ means a physician who is certified in the 
subspecialty of pulmonary medicine by the American 
Board of Internal Medicine or the American Osteo-
pathic Board of Internal Medicine. 
(11) CERTIFIED
B-READER.—The term ‘‘cer-
tified B-reader’’ means an individual qualified as a
‘‘final’’ or ‘‘B-reader’’ under 42 CFR 37.51(b) as 
amended. 
(12) CIVIL ACTION.—The term ‘‘civil action’’ 
means all suits or claims of a civil nature in State 
or Federal court, whether cognizable as cases at law 
or in equity or in admiralty, including an asbestos 
or silica claim in a bankruptcy proceeding. The term 
does not include an action relating to any workers’ 
compensation law, or a proceeding for benefits under 
any veterans’ benefits program. 
(13) ECONOMIC
LOSS.—The term ‘‘economic 
loss’’ means any pecuniary loss resulting from phys-
ical impairment, including the loss of earnings or 
other benefits related to employment, medical ex-
pense loss, replacement services loss, loss due to 
death, burial costs, and loss of business or employ-
ment opportunities. 
(14) EXPOSED
PERSON.—The term ‘‘exposed 
person’’ means any person whose exposure to asbes-
tos or silica or to asbestos- or silica-containing prod-
ucts which is the basis for an asbestos or silica 
claim. 
(15) EXPOSURE YEARS.—The term ‘‘exposure 
years’’ means—
(A) each single year of exposure prior to 
1972 will be counted as one year; 
(B) each single year of exposure from 
1972 through 1979 will be counted as one-half 
year; and 
(C) exposure after 1979 will not be count-
ed, except that each year from 1972 forward 
for which the plaintiff can establish exposure 
exceeding the OSHA limit for 8-hour time-
weighted average airborne concentration for a 
substantial portion of the year will count as one 
year. 
(16) FEV1.—The term ‘‘FEV1’’ means forced 
expiratory volume in the first second, which is the 
maximal volume of air expelled in one second during 
performance of simple spirometric tests. 
(17) FVC.—The term ‘‘FVC’’ means forced 
vital capacity which is the maximal volume of air ex-
pired with maximum effort from a position of full in-
spiration. 
(18) ILO SCALE.—The term ‘‘ILO Scale’’ 
means the system for the classification of chest x-
rays set forth in the International Labour Office’s 
Guidelines for the Use of ILO International Classi-
fication of Radiographs of Pneumoconioses (2000)
as amended from time to time by the International 
Labour Office. 
(19) LUNG CANCER.—The term ‘‘lung cancer’’ 
means a malignant tumor located inside of the 
lungs, but such term does not include an asbestos 
claim based upon mesothelioma. 
(20) MESOTHELIOMA.—The term ‘‘mesothe-
lioma’’ means a malignant tumor with a primary site 
in the pleura, the peritoneum, or pericardium, which 
has been diagnosed by a Board-certified pathologist, 
using standardized and accepted criteria of micro-
scopic morphology and/or appropriate staining tech-
niques. 
(21) NONECONOMIC
LOSS.—The term ‘‘non-
economic loss’’ means subjective, nonmonetary loss 
resulting from physical impairment, including pain, 
suffering, inconvenience, mental anguish, emotional 
distress, disfigurement, loss of society and compan-
ionship, loss of consortium, injury to reputation, or 
any other nonpecuniary loss of any kind or nature. 
(22) NONMALIGNANT
CONDITION.—The term 
‘‘nonmalignant condition’’ means any condition that 
is caused or may be caused by asbestos or silica 
other than a diagnosed cancer.
(23) NONSMOKER.—The term ‘‘nonsmoker’’ 
means the exposed person has not smoked cigarettes 
or used any other tobacco products within 15 years 
from the date the person was diagnosed with an 
asbestos- or silica-related disease. 
(24) PATHOLOGICAL
EVIDENCE
OF
ASBES-
TOSIS.—The term ‘‘pathological evidence of asbes-
tosis’’ means a statement by a Board-certified pa-
thologist that more than one representative section 
of lung tissue uninvolved with any other disease 
process demonstrates a pattern of peribronchiolar or 
parenchymal scarring in the presence of char-
acteristic asbestos bodies and that there is no other 
more likely explanation for the presence of the fibro-
sis. 
(25) PATHOLOGICAL EVIDENCE OF SILICOSIS.—
The term ‘‘pathological evidence of silicosis’’ means 
a statement by a Board-certified pathologist that 
more than one representative section of lung tissue 
uninvolved with any other disease process dem-
onstrates a pattern of round silica nodules and 
birefringent crystals or other demonstration of crys-
tal structures consistent with silica (well-organized 
concentric whorls of collagen surrounded by inflam-
matory cells) in the lung parenchyma and that there