[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4696 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4696

    To amend title 11 of the United States Code with respect to the 
               allowance of certain claims or interests.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2002

Mr. Cannon (for himself, Mr. Moran of Virginia, Mr. Armey, Mr. Bonilla, 
 Mr. Hostettler, Mr. Norwood, Mr. Burton of Indiana, Mr. Camp, and Mr. 
Dooley of California) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 11 of the United States Code with respect to the 
               allowance of certain claims or interests.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENTS.

    Section 502(b) of title 11, United States Code, is amended--
            (1) in paragraph (8) by striking ``or'' at the end,
            (2) in paragraph (9) by striking the period at the end and 
        inserting ``; or'', and
            (3) by adding at the end the following:
            ``(10) such claim is a nonmalignant asbestos related claim, 
        including, without limitation, a claim for pleural plaques, 
        asymptomatic pleural thickening, asbestosis, fear of cancer, 
        emotional distress, and medical surveillance, unless such claim 
        is--
                    ``(A) for permanent breathing impairment determined 
                by reliable scientific means and consistent with 
                guidelines published by the American Thoracic Society; 
                or
                    ``(B) for a survivor claim where the decedent's 
                death was caused by exposure to asbestos or asbestos-
                containing products;
        except that the person holding such disallowed claim may have 
        an allowable demand under section 524(g)(5) of this title when 
        and if that person develops a subsequent asbestos related claim 
        allowable under this subsection, against the reorganized debtor 
        or a trust for holders of allowable asbestos related claims and 
        asbestos related demands, set up as part of a reorganization 
        case under this title.''.

SEC. 2. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act 
shall apply with respect to cases commenced under title 11 of the 
United States Code before, on, and after the date of the enactment of 
this Act.
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