FAIR Act of 2005

Summary

Fairness in Asbestos Injury Resolution Act of 2005 or the FAIR Act of 2005 - Establishes within the Department of Labor the Office of Asbestos Disease Compensation, to be headed by an Administrator responsible for processing claims for compensation for asbestos-related injuries and managing the Asbestos Injury Claims Resolution Fund (Fund) (established within such Office). Requires the Administrator to: (1) establish an Advisory Committee on Asbestos Disease Compensation; (2) establish a Medical Advisory Committee; (3) establish a comprehensive asbestos claimant assistance program that includes legal assistance; and (4) appoint physicians to claim-specific Physicians Panels. Stays all asbestos claims pending on the date of enactment of this Act (except for specified civil actions already at trial). Sets forth special procedures for the settlement of exigent health claims. Allows non-exigent claims to proceed in Federal or State court if the Fund is not certified as operational within 24 months of enactment. Establishes: (1) procedures for handling claims of asbestos-related disease and injury; (2) occupational exposure presumptions; (3) medical evidence auditing and review procedures and applicable medical criteria; and (4) award amounts and payment methods. Imposes a general five-year statute of limitations for filing claims, with special provisions for pending claims and multiple injuries. Specifies the funding allocation for asbestos defendants required to pay into the Fund. Establishes the Asbestos Insurers Commission to determine Fund payment obligations. Authorizes the Administrator to impose a pro rata surcharge on Fund participants if certain bankruptcy trust assets are unavailable to the Fund and borrowing is insufficient to ensure liquidity. Directs the Administrator to establish a program for the education, consultation, medical screening, and medical monitoring of persons with asbestos exposure. Vests exclusive jurisdiction to review, under expedited consideration: (1) final determinations regarding fund obligations and actions for declaratory and injunctive relief under this Act in the United States Court of Appeals for the District of Columbia; and (2) award decisions in the U.S. Court of Appeals for the circuit in which the claimant resides. Amends the Federal criminal code to prohibit and establish penalties for fraud and false information in connection with Fund claims. Amends the bankruptcy code to state that Fund contribution obligations are not subject to an automatic stay or dischargeable in bankruptcy. States that nothing in this Act shall be construed to preclude personal injury claims attributable to silica exposure where certain pleading and evidentiary requirements are met. Requires remedies provided by this Act to be the exclusive remedy for asbestos claims except with regard to specified civil actions already at trial. Addresses the effect of this Act on insurance and reinsurance contracts. Requires the sunset of specified provisions of this Act if the Administrator determines that the Fund has insufficient resources. Requires the Administrator to refer possible violations of the Toxic Substances Control Act (TSCA), the Clean Air Act, and the Occupational Safety and Health Act of 1970 (OSHA) to listed officials for possible civil or criminal penalties. Amends OSHA to enhance criminal penalties for willful violations of occupational standards for asbestos. Directs the Administrator to assess Fund contributions from individuals who have violated asbestos laws administered by the Department of Labor, Environmental Protection Agency (EPA), and their State counterparts. Requires the U.S. Sentencing Commission to review Federal sentencing guidelines to ensure that environmental crimes relating to asbestos are sufficiently punished. Prohibits discrimination in health insurance coverage against persons who participate in medical monitoring programs under this Act. Amends TSCA to require the Administrator of EPA to promulgate regulations prohibiting the manufacture, processing, or distribution in commerce of asbestos containing products, subject to specified exemptions.

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Documents

8 official files

• Referral Instructions Senate (text)

  Referral Instructions Senate · EN · 14 February 2006

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• Referral Instructions Senate (PDF)

  Referral Instructions Senate · EN · 14 February 2006

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• Reported to Senate (text)

  Reported to Senate · EN · 16 June 2005

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• Reported to Senate (PDF)

  Reported to Senate · EN · 16 June 2005

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• Reported to Senate with amendment(s)

  summary · EN · 16 June 2005

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• Introduced in Senate (text)

  Introduced in Senate · EN · 19 April 2005

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 19 April 2005

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• Introduced in Senate

  summary · EN · 19 April 2005

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