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Letter to the Honorable Kent Conrad 1 (September 2005)

handle is hein.congrec/cbo9280 and id is 1 raw text is: September 1, 2005

Honorable Kent Conrad
Ranking Member
Committee on the Budget
United States Senate
Washington, DC 20510
Dear Senator:
CBO's cost estimate for S. 852, the Fairness in Asbestos Injury Resolution Act of 2005, is
enclosed with this letter. Over the 2006-2015 period, CBO estimates direct spending would
increase by nearly $70 billion to pay asbestos claimants and administrative costs. We
estimate revenues would increase by about $63 billion over the same period; and on balance,
we estimate that enactment of the bill would increase projected budget deficits by about
$6.5 billion over the next 10 years. Your letter of July 19, 2005, asked CBO to address some
specific concerns about the legislation-particularly with regard to the uncertainty associated
with assumptions about claims for payment under the bill. Responses to those concerns
follow.
What is the risk that amounts in the U.S. Treasury outside of the Asbestos Trust Fund
would be used to pay asbestos claimants?
S. 852 would authorize the Asbestos Fund Administrator to collect and borrow funds to pay
valid claims and expenses. The bill would limit the amount of borrowing and would require
the fund to use its resources to repay borrowed funds and interest costs. Under the provisions
of section 405, the fund would have to stop accepting new claims if its current and future
resources become inadequate to fulfill all existing and anticipated obligations, including its
debt obligations. As stated in our August 25 cost estimate, as long as the fund's
Administrator does not borrow from the U.S. Treasury beyond the means of the fund to repay
such borrowing, the government's general funds would not be used to pay claims.
Furthermore, section 406 states that the legislation would not obligate the federal government
to pay any part of an award under the bill if amounts in the Asbestos Fund are inadequate.

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