thousands of them suffer from lung conditions which make
breathing so difficult they cannot engage in the routine activities
of daily life. Even more have become unemployable due to their
medical condition. Because of the long latency period of these
diseases, all of them live with a fear of a premature death due to
asbestos-induced disease. These are the real victims. They deserve
to be the first and foremost focus of our concern. The victims are
average, hard-working Americans. They are the construction
workers who build our houses, machinists who keep our factories
running, assembly workers who make products for our home,
shipbuilders who help make our country strong and secure.
They did their jobs faithfully and now it is time for us to do right
by them.” — Senator Ted Kennedy speaking during the introduction of the
Senate debates on the merits of the “Fairness in Asbestos Injury Resolution
Act of 2004” April 22, 2004; and CRS Report for 109th Congress; Order
Code RS22088; March 22, 2005.
- 109th Congress H.R. 1360 & H.R. 1957 at URL internet location:
- 109th Congress S.852.IS at URL internet location:
- 109th Congress S.852.RS at URL internet location:
- 109th Congress S.852 Judiciary Committee status February 3, 2006
- 109th Congress S.852.RIS Judiciary Committee status February 14, 2006
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Congressional Research Services Report (CRS) Report for the 109th Congress; Order Code RS22088.
URL internet location address:
EXCERPT: This report provides an overview of H.R. 1360, the
Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, as
introduced by Representative Kirk on March 17, 2005. H.R. 1360
would create the Office of Asbestos Disease Compensation,
within the Department of Labor, to award damages to asbestos
claimants on a no-fault basis. Damages would be paid by the
Asbestos Injury Claims Resolution Fund, which would be funded
by companies that have previously been sued for asbestos-related
injuries, and by insurers of such companies. Asbestos claims could
no longer be filed or pursued under state law, except for the
enforcement of judgments no longer subject to any appeal or
judicial review before the date of enactment of the bill.
* * * * * * * * * *
“Stakeholders pick apart Asbestos Compensation Bill”. . . Compromise Remains Elusive; LABORERS' HEALTH & SAFETY FUND OF NORTH AMERICA; April 26, 2005.
NOTE: Dr. Jim Melius is a member of the US President’s Advisory Board on Radiation and Workers Health; a Union executive; and a confidant / advisor to Senator Hillary Clinton.