FAIR Act of 2006

Bill: 109-s-3274
Sponsor: Sen. Specter, Arlen [R-PA]
Introduced: 2006-05-26 in the Senate
Policy area: Law
Subjects: Accounting
Administrative procedure
Administrative remedies
Advice and consent of the Senate
Affiliated corporations
Air pollution control
Alabama
Annuities
Appellate procedure
Armed Forces and National Security
Asbestos
Auditing
Bank records
Bankruptcy
Building materials
Business records
California
Cancer
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Claims
Class actions (Civil procedure)
Collection of accounts
Commerce
Commercial arbitration
Compensation (Law)
Confidential communications
Congress
Congressional reporting requirements
Corporate reorganizations
Cost of living adjustments
Crime and Law Enforcement
Damages
Department of Labor
Disability insurance
Disabled
Disasters
Discrimination in insurance
Discrimination in medical care
Drug abuse
Economics and Public Finance
Emergency Management
Employers' liability
Environmental Protection
Environmental Protection Agency
Environmental assessment
Environmental law enforcement
Environmental monitoring
Estates (Law)
Evidence (Law)
Executive reorganization
Federal advisory bodies
Federal aid to health facilities
Federal aid to research
Federal preemption
Finance and Financial Sector
Fines (Penalties)
Foreign Trade and International Finance
Foreign corporations
Fraud
Freedom of information
Government Operations and Politics
Government paperwork
Government publicity
Government trust funds
Health
Health education
Health surveys
Hurricane aftermath legislation
Hurricanes
Imaging systems in medicine
Indemnity
Injunctions
Insurance
Insurance companies
Interest
Internet
Judicial review
Jurisdiction
Labor and Employment
Legal fees
Liability (Law)
Limitation of actions
Losses
Louisiana
Lung cancer
Lung diseases
Manufacturing industries
Maps
Medical fees
Medical records
Medical research
Medical screening
Medical tests
Military and naval supplies
Minerals
Mississippi
Montana
Mortality
New York City
Occupational health and safety
Personnel records
Physical examinations
Physicians
Presidential appointments
Presidential commissions
Preventive medicine
Product safety
Prosecution
Punitive damages
Railroad employees
Refuse and refuse disposal
Reinsurance
Research centers
Research grants
Science, Technology, Communications
Sentencing guidelines
September 11, 2001
Small business
Smoking
State courts
State laws
Subsidiary corporations
Sunset legislation
Supreme Court
Terminal care
Tissue banks
Torts
Transportation and Public Works
U.S. Sentencing Commission
Veterans' benefits
Veterans' disability compensation
Web sites
Workers' compensation
X-rays

Summary:
action_date: 2006-05-26
text: 
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.


Legislative actions:
action_date: 2006-06-07
text: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-594.
action_date: 2006-06-05
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 460.
action_date: 2006-05-26
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S5344-5388)
action_date: 2006-05-26
text: Sponsor introductory remarks on measure. (CR S5344-5347)
action_date: 2006-05-26
text: Introduced in Senate