S.Amdt. 2835

1. Rewrites page 315, line 1 through page 318, line 2

   Replaces

   Removes page 315, line 1 through page 318, line 2.

   Inserted: SEC. 403. EFFECT ON OTHER LAWS AND EXISTING CLAIMS.

   Inserted: (a) Effect on Federal and State Law.--The provisions of this Act shall supersede any Federal or State law insofar as such law may relate to any asbestos claim, including any claim described under subsection (e)(2).

   Inserted: (b) Effect on Silica Claims.--

   Inserted: (1) In general.--

   Inserted: (A) Rule of construction.--Nothing in this Act shall be construed to preempt, bar, or otherwise preclude any civil action in Federal or State court seeking damages for personal injury attributable to exposure to silica as to which the plaintiff--

   Inserted: (i) pleads with particularity and establishes by a preponderance of evidence either that--

   Inserted: (I) no claim has been asserted or filed by or with respect to the exposed person in any forum for any asbestos-related condition and the exposed person (or another claiming on behalf of or through the exposed person) is not eligible for any monetary award under this Act; or

   Inserted: (II)(aa) the exposed person suffers or has suffered from a disease or condition that was caused by exposure to silica; and

   Inserted: (bb) asbestos exposure was not a substantial contributing factor to such disease or condition; and

   Inserted: (ii) satisfies the requirements of paragraph (2).

   Inserted: (B) Preemption.--Civil actions seeking damages for personal injury attributable to exposure to silica that fail to meet the requirements of subparagraph (A) shall be preempted by this Act.

   Inserted: (2) Required evidence.--In any claim to which paragraph (1) applies, the complaint (or, for claims pending on the date of enactment of this Act, an amended pleading to be filed within 60 days after such date, but not later than 60 days before trial) shall be accompanied by--

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   Inserted: (A) admissible evidence, including at a minimum, a B-reader's report, and the underlying x-ray film showing that the claim may be maintained and is not preempted under paragraph (1);

   Inserted: (B) notice of any previous lawsuit or claim for benefits in which the exposed person, or another claiming on behalf of or through the injured person, asserted an injury or disability based wholly or in part on exposure to asbestos;

   Inserted: (C) if known by the plaintiff after reasonable inquiry by the plaintiff or his representative, the history of the exposed person's exposure, if any, to asbestos; and

   Inserted: (D) copies of all medical and laboratory reports pertaining to the exposed person that refer to asbestos or asbestos exposure.

   Inserted: (3) Statute of limitations.--In general, the statute of limitations for a silica claim shall be governed by applicable State law, except that in any case under this subsection, the statute of limitations shall only start to run when the plaintiff becomes impaired.

   Inserted: (4) Dual injury.--If an exposed person has both a silica disease or conditions resulting from exposure to silica and a disease or condition resulting from exposure to asbestos, any damages awarded for a claim that meets the requirements of paragraph (2)--

   Inserted: (A) shall be limited to damages attributable to the exposed person's exposure to silica; and

   Inserted: (B) shall not include damages attributable to the exposed person's exposure to asbestos.

   Original wording

   On page 315, strike line 1 and all that follows through page 318, line 2, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed