FAIR Act of 2005 - TITLE I - Asbestos Claims Resolution

Subtitle D--Awards

SEC. 131. AMOUNT.

(a) In General- An asbestos claimant who meets the requirements of section 111 shall be entitled to an award in an amount determined by reference to the benefit table contained in subsection (b).

(b) Benefit Table-

(1) IN GENERAL- An asbestos claimant with an eligible disease or condition established in accordance with section 121, shall be eligible for an award according to the following schedule:

Level	Scheduled Condition or Disease	Scheduled Value

I	Asbestosis/Pleural Disease	Medical Monitoring
II	Mixed Disease With Impairment	$35,000
III	Asbestosis/Pleural Disease B	$100,000
IV	Severe Asbestosis	$400,000
V	Disabling Asbestosis	$850,000
VI	Other Cancer	$200,000
VII	Lung Cancer One individual evaluation;
	smokers receive	$50,000;
	ex-smokers receive	$150,000;
	non-smokers receive	$625,000
VIII	Lung Cancer With Pleural Disease
	smokers receive	$275,000;
	ex-smokers	$700,000;
	non-smokers receive	$800,000
IX	Lung Cancer With Asbestosis
	smokers receive	$575,000;
	ex-smokers receive	$950,000;
	non-smokers receive	$1,050,000
X	Mesothelioma	$1,050,000

(2) DEFINITIONS- In this section--

(A) the term `nonsmoker' means a claimant who never smoked; and

(B) the term `ex-smoker' means a claimant who has not smoked during any portion of the 12-year period preceding the diagnosis of lung cancer.

(3) VALUES WITHIN LEVELS RELATING TO LUNG CANCER-

(A) IN GENERAL- In setting values for levels relating to lung cancer, the Administrator shall develop a matrix of classes for each of Levels VII, VIII, and IX based on--

(i) the smoking history of the claimant, including whether the claimant currently or in the past smoked tobacco products, the duration of smoking, pack years, and whether the claimant has quit smoking and for how long;

(ii) the age of the claimant at diagnosis with claim values increased proportionately for claimants who are younger than the average life span and reduced for those who are older; and

(iii) the level and duration of asbestos exposure with those receiving the highest total dose (level x duration) receiving greater values.

(B) DETERMINATION OF EXPOSURE- Levels of exposure shall be based on research in the fields of epidemiology and industrial hygiene.

(4) MEDICAL MONITORING- An asbestos claimant with asymptomatic exposure, based on the criteria under section 121(d)(1), shall only be eligible for medical monitoring reimbursement as provided under section 132.

(5) COST-OF-LIVING ADJUSTMENT-

(A) IN GENERAL- Beginning January 1, 2006, award amounts under paragraph (1) shall be annually increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment, rounded to the nearest $1,000 increment.

(B) CALCULATION OF COST-OF-LIVING ADJUSTMENT- For the purposes of subparagraph (A), the cost-of-living adjustment for any calendar year shall be the percentage, if any, by which the consumer price index for the succeeding calendar year exceeds the consumer price index for calendar year 2004.

(i) IN GENERAL- For the purposes of subparagraph (B), the consumer price index for any calendar year is the average of the consumer price index as of the close of the 12-month period ending on August 31 of such calendar year.

(ii) DEFINITION- For purposes of clause (i), the term `consumer price index' means the consumer price index published by the Department of Labor. The consumer price index series to be used for award escalations shall include the consumer price index used for all-urban consumers, with an area coverage of the United States city average, for all items, based on the 1982-1984 index based period, as published by the Department of Labor.