FAIR Act of 2006
Latest action. Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-594.
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.
The summary continues for 2 more paragraphs. Read it in full on Congress.gov
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on May 26, 2006. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on June 7, 2006: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-594.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 109th Congress (2005-06), 482 of the 10,701 bills and joint resolutions introduced became law, about 4.5 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
ARLEN SPECTER (R-PA) introduced it on May 26, 2006, and 5 members have since signed on as cosponsors.
They come from both major parties: 1 Democrat, 4 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on May 26, 2006, 7460 days ago. The most recent recorded action was 7448 days ago, on June 7, 2006.
Measures do not carry over. Anything the 109th Congress has not finished by January 3, 2007 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers