Bill Text
109th Congress (2005-2006)
H.R.1360.IH


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Congressional Record References

Bill Summary & Status

H.R.1360 -- FAIR Act of 2005 (Introduced in House - IH)


Beginning
March 17, 2005
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    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. 1348. Fraud and false statements in connection with participation in Asbestos Injury Claims Resolution Fund
    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.
    `SEC. 221. BAN OF ASBESTOS CONTAINING PRODUCTS.
`Subtitle A--General provisions';
`Subtitle B--Ban of Asbestos Containing Products


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