109th Congress

The Fairness in Asbestos Injury Resolution Act of 2005 (FAIR Act)

S. 852, S. 3274

Background

Mesothelioma is a benign (noncancerous) or malignant (cancerous) tumor affecting the lining of the chest or abdomen. Exposure to asbestos, a material widely used in insulation and other building materials until the 1970s, increases the risk of developing malignant mesothelioma. Since the 1970s, there have been more than 700,000 claims filed for alleged asbestos-related injuries. Over time, litigation costs and insurance claims have amounted to more than $70 billion, bankrupting almost 80 companies.

S. 852, The Fairness in Asbestos Injury Resolution Act of 2005 (FAIR Act), would establish a trust fund to compensate victims of asbestos exposure, shielding asbestos manufacturers from future lawsuits. S. 3274 is an amended version of S. 852; however, the provisions pertaining to the National Institutes of Health (NIH) remain the same.

Provisions of the Legislation/Impact on NIH

The legislation would require NIH to contract with the Institute of Medicine to complete two separate studies by April 1, 2006. One of these studies would investigate whether there is a causal link between asbestos exposure and cancers other than mesothelioma and lung cancers, including colorectal, laryngeal, esophageal, pharyngeal, and stomach cancers. (The results of this study, which was in progress at the time S. 852 was introduced, was publicly released on June 5, 2006.) The other study would determine whether the medical profession accepts the use of CT scans as a tool to detect asbestos indicators and whether professional standards of practice with regard to CT scans exist for use by the Administrator of the Office of Asbestos Disease Compensation.

The legislation would also establish the National Mesothelioma Research and Treatment Program to investigate and advance the detection, prevention, treatment, and cure of malignant mesothelioma. The National Mesothelioma Research and Treatment Program comprises the following centers and efforts:

• Mesothelioma Disease Research and Treatment Centers: The Director of NIH and the Administrator would be required to allot $1 million and $1.5 million, respectively, for the years 2006-2015 to establish 10 mesothelioma disease research centers.
• Mesothelioma Registry and Tissue Bank: The Director of NIH and the Administrator would each be required to allot $1 million for the years 2006-2015 for the establishment, maintenance, and operation of 1) a National Mesothelioma Registry to collect data regarding symptoms, pathology, evaluation, treatment, outcomes, and quality of life and 2) a Tissue Bank to include pretreatment and post treatment blood specimens as well as tissue specimens from biopsies and surgery. Not less than $500,000 would be required to be made available for the collection and maintenance of tissue specimens.
• Center for Mesothelioma Education: The Director of NIH and the Administrator would each be required to allot $1 million for each of the fiscal years 2006-2015 to establish a Center for Mesothelioma Education. The Center would promote mesothelioma awareness and education, assist mesothelioma patients and their families in obtaining necessary information, and work with the Mesothelioma Disease Research and Treatment Centers to advance mesothelioma research.
• Report and Recommendations: Not later than September 30, 2015, the Director of NIH would be required to publish and provide Congress with a report and recommendations on the information gathered and results achieved through the National Mesothelioma Research and Treatment Program.

In addition, the legislation would require the Director of NIH to administer one or more research grants to qualified entities for studies that focus on better understanding the health risks of exposure to naturally occurring asbestos. These grants would be awarded through a competitive, peer-reviewed, merit-based process.

Status and Outlook

S. 852 was introduced by Senator Arlen Specter (R-PA) on April 19, 2005, and was referred to the Senate Committee on the Judiciary. On June 16, the bill was ordered reported out from the Committee without amendment, and the report (S. Rept. 109-97) was filed on June 30. The Committee held a hearing on the measure on November 17. No further action has occurred on this legislation.

S. 3274 was introduced by Senator Specter on May 26, 2006, and was placed on the Senate Legislative Calendar. The Senate Committee on the Judiciary held a hearing on S. 3274 on June 7. No further action has occurred on this legislation.