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.