Asbestos Lawyers: Fairness in Asbestos Injury Resolution Act of 2005

Your Asbestos Lawyers provides you with House Resolution 1360: Fairness in Asbestos Injury Resolution Act of 2005. If you have been injured by Asbestos, this document may help you understand your Asbestos lawsuit. To find out if you have a claim, use our FREE Asbestos Case Evaluator.

HR 1360 IH

To create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes.

March 17, 2005

Mr. KIRK (for himself, Mr. BASS, Mr. PLATTS, Mr. SHIMKUS, Mr. KENNEDY of Minnesota, and Mr. DENT) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, Education and the Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes.

Be it enacted by the Senate and House of Representatives 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 `Fairness in Asbestos Injury Resolution Act of 2005' or the `FAIR Act of 2005'.

(b) Table of Contents- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purpose.

Sec. 3. Definitions.

TITLE I--ASBESTOS CLAIMS RESOLUTION

Subtitle A--Office of Asbestos Disease Compensation

Sec. 101. Establishment of Office of Asbestos Disease Compensation.

Sec. 102. Advisory Committee on Asbestos Disease Compensation.

Sec. 103. Medical Advisory Committee.

Sec. 104. Claimant assistance.

Sec. 105. Physicians Panels.

Sec. 106. Program startup.

Sec. 107. Authority of the Administrator.

Subtitle B--Asbestos disease compensation procedures

Sec. 111. Essential elements of eligible claim.

Sec. 112. General rule concerning no-fault compensation.

Sec. 113. Filing of claims.

Sec. 114. Eligibility determinations and claim awards.

Sec. 115. Medical evidence auditing procedures.

Subtitle C--Medical criteria

Sec. 121. Medical criteria requirements.

Subtitle D--Awards

Sec. 131. Amount.

Sec. 132. Medical monitoring.

Sec. 133. Payment.

Sec. 134. Reduction in benefit payments for collateral sources.

TITLE II--ASBESTOS INJURY CLAIMS RESOLUTION FUND

Subtitle A--Asbestos defendants funding allocation

Sec. 201. Definitions.

Sec. 202. Authority and tiers.

Sec. 203. Subtiers.

Sec. 204. Assessment administration.

Subtitle B--Asbestos Insurers Commission

Sec. 210. Definition.

Sec. 211. Establishment of Asbestos Insurers Commission.

Sec. 212. Duties of Asbestos Insurers Commission.

Sec. 213. Powers of Asbestos Insurers Commission.

Sec. 214. Personnel matters.

Sec. 215. Termination of Asbestos Insurers Commission.

Sec. 216. Expenses and costs of Commission.

Subtitle C--Asbestos Injury Claims Resolution Fund

Sec. 221. Establishment of Asbestos Injury Claims Resolution Fund.

Sec. 222. Management of the Fund.

Sec. 223. Enforcement of payment obligations.

Sec. 224. Interest on underpayment or nonpayment.

TITLE III--JUDICIAL REVIEW

Sec. 301. Judicial review of rules and regulations.

Sec. 302. Judicial review of award decisions.

Sec. 303. Judicial review of participants' assessments.

Sec. 304. Other judicial challenges.

Sec. 305. Stays, exclusivity, and constitutional review.

TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. False information.

Sec. 402. Effect on bankruptcy laws.

Sec. 403. Effect on other laws and existing claims.

Sec. 404. Effect on insurance and reinsurance contracts.

Sec. 405. Annual report of the Administrator.

Sec. 406. Rules of construction relating to liability of the United States Government.

Sec. 407. Rules of construction.

Sec. 408. Violations of environmental and occupational health and safety requirements.

Sec. 409. Nondiscrimination of health insurance.

TITLE V--ASBESTOS BAN

Sec. 501. Prohibition on asbestos containing products.