S.3274 - FAIR Act of 2006109th Congress (2005-2006)
Summary: S.3274 — 109th Congress (2005-2006)All Bill Information (Except Text)
Introduced in Senate (05/26/2006)
Fairness in Asbestos Injury Resolution Act of 2006 or the FAIR Act of 2006 - Establishes in the Department of Labor the Office of Asbestos Disease Compensation (Office), to be headed by an Administrator who is responsible for processing claims for asbestos-related illnesses and paying compensation to eligible claimants. Declares that the purpose of such Office is to provide timely, fair compensation to claimants whose health has been adversely affected by exposure to asbestos, on a no-fault basis and in a nonadversarial manner.
Stays any asbestos claim pending in a state or federal court on the date of enactment of this Act, unless the presentation of evidence has begun before a jury or judge, or a verdict, final order, or final judgment has been entered by a trial court.
Sets forth: (1) procedures for the filing of claims, including those for multiple injuries and additional awards; and (2) allowable award amounts for asbestos disease, based upon the level of such disease and whether a claimant smokes or has smoked tobacco products.
Establishes: (1) the Asbestos Insurers Commission (Commission) to determine the amount each insurer participant is required to pay into the Asbestos Injury Claims Resolution Fund; and (2) the Asbestos Injury Claims Resolution Fund to pay asbestos-related injury claims.
Directs the Administrator to establish programs for individuals exposed to asbestos as well as for individuals at risk for developing asbestos-related medical conditions.
Establishes the National Mesothelioma Research and Treatment Program for the detection, prevention, treatment, and cure of malignant mesothelioma.
Vests in the United States Court of Appeals for the District of Columbia exclusive jurisdiction to review, under expedited consideration, any rules or regulations promulgated under this Act by the Administrator or the Commission.
Amends the federal criminal code to prohibit and establish penalties for fraud and false information in connection with Fund claims.
Amends the Occupational Safety and Health Act of 1970 to establish criminal penalties for willful violations of occupational standards for exposure to asbestos.
Amends the Toxic Substances Control Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate proposed and final regulations to prohibit the manufacture, processing, or distribution in commerce of asbestos containing products.
Requires disposal of asbestos containing products within three years after the enactment of this Act, with certain exemptions.