3.0.0 2290 2021-09-29T22:20:46Z 2023-01-14T14:28:47Z Senate S S 2004-04-07 108 2004-04-22 Senate Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 50 - 47. Record Vote Number: 69. Floor 69 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1082/vote_108_2_00069.xml Senate 108 2004-04-22T16:25:46Z 2 2004-04-22 Senate Motion to proceed to measure considered in Senate. (consideration: CR S4247-4260) Floor 2004-04-21 Senate Motion to proceed to measure considered in Senate. (consideration: CR S4184-4218, S4233-4234) Floor 2004-04-20 Senate Cloture motion on the motion to proceed presented in Senate. Floor 2004-04-20 Senate Motion to proceed to measure considered in Senate. Floor 2004-04-20 Senate Motion to proceed to consideration of measure made in Senate. (consideration: CR S4123-4127, S4144-4146) Floor 2004-04-19 Sponsor introductory remarks on measure. (CR S4078-4083) IntroReferral B00100 9 Library of Congress 2004-04-08 Senate Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 472. Calendars 2004-04-07 Senate Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. Calendars 2004-04-07 Sponsor introductory remarks on measure. (CR S3922-3924) IntroReferral B00100 9 Library of Congress 2004-04-07 Introduced in Senate IntroReferral 10000 9 Library of Congress H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT N F000439 Sen. Frist, William H. [R-TN] WILLIAM FRIST R TN H. 2004-04-07 True M001141 Sen. Miller, Zell [D-GA] ZELL MILLER D GA 2004-04-07 True D000294 Sen. DeWine, Mike [R-OH] MICHAEL DEWINE R OH 2004-04-07 True V000126 Sen. Voinovich, George V. [R-OH] GEORGE VOINOVICH R OH V. 2004-04-07 True A000121 Sen. Allen, George [R-VA] GEORGE ALLEN R VA F. 2004-04-07 True C000286 Sen. Chambliss, Saxby [R-GA] SAXBY CHAMBLISS R GA 2004-04-07 True H001028 Sen. Hagel, Chuck [R-NE] CHUCK HAGEL R NE 2004-04-07 True D000407 Sen. Domenici, Pete V. [R-NM] PETE DOMENICI R NM VICHI 2004-04-07 True 2004-04-20T04:00:00Z S. 2290, Fairness in Asbestos Injury Resolution Act of 2004 http://www.cbo.gov/publication/15579 <p>Cost estimate for the bill as introduced on April 7, 2004.</p> 2004-04-20T04:00:00Z S. 2290, Fairness in Asbestos Injury Resolution Act of 2004 https://www.cbo.gov/publication/15579 Cost estimate for the bill as introduced on April 7, 2004. Law Administrative procedure Advice and consent of the Senate Affiliated corporations Air pollution control Appellate procedure Armed Forces and National Security Asbestos Auditing Bankruptcy Business records Civil Rights and Liberties, Minority Issues Civil actions and liability Claims Collection of accounts Commerce Commercial arbitration Compensation (Law) Congress Congressional reporting requirements Corporate reorganizations Cost of living adjustments Crime and Law Enforcement Damages Department of Labor Discrimination in insurance Discrimination in medical care Drug abuse Economics and Public Finance Environmental Protection Environmental assessment Environmental law enforcement 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) Fraud Government Operations and Politics Government paperwork Government publicity Government trust funds Health Injunctions Insurance companies Interest Judicial review Jurisdiction Labor and Employment Legal fees Liability (Law) Limitation of actions Lung cancer Lung diseases Medical records Medical research Montana Occupational health and safety Personnel records Physicians Presidential appointments Presidential commissions Product safety Prosecution Punitive damages Refuse and refuse disposal Reinsurance Research grants Science, Technology, Communications Sentencing guidelines Small business Smoking State laws Sunset legislation Supreme Court Veterans' benefits Workers' compensation X-rays Law 00 2004-04-07 Introduced in Senate 2004-04-19T20:48:29Z Fairness in Asbestos Injury Resolution Act of 2004 or FAIR Act of 2004 - Establishes within the Department of Labor the Office of Asbestos Disease Compensation, to be headed by an Administrator responsible for processing claims for compensation for asbestos-related injuries and managing the Asbestos Injury Claims Resolution Fund (Fund) (established within such Office).

Authorizes the Administrator to establish a Medical Advisory Committee. Requires the Administrator to: (1) establish an Advisory Committee on Asbestos Disease Compensation; (2) establish a comprehensive asbestos claimant assistance program that includes legal assistance; and (3) appoint physicians to claim-specific Physicians Panels.

Establishes: (1) procedures for handling claims of asbestos-related disease and injury; (2) medical evidence auditing and review procedures and applicable medical criteria; and (3) award amounts and payment methods. Imposes a general four-year statute of limitations for filing claims, with special provisions for pending claims and multiple injuries. Allows certain asymptomatic claimants to receive medical monitoring reimbursement.

Specifies the funding allocation for asbestos defendants required to pay into the Fund. Establishes the Asbestos Insurers Commission to determine Fund payment obligations of insurers up to a specified aggregate amount.

Vests exclusive jurisdiction to review: (1) final determinations regarding fund obligations and actions for declaratory and injunctive relief under this Act in the United States Court of Appeals for the District of Columbia; and (2) award decisions in the U.S. Court of Appeals for the circuit in which the claimant resides.

Amends the criminal code to prohibit and establish penalties for fraud and false information in connection with Fund claims. Amends the bankruptcy code to state that Fund contribution obligations are not subject to an automatic stay or dischargeable in bankruptcy. Requires remedies provided by this Act to be the exclusive remedy for asbestos claims. Addresses the effect of this Act on insurance and reinsurance contracts.

Requires the sunset of specified provisions of this Act if the Administrator determines that the Fund has insufficient resources.

Requires the Administrator to refer possible violations of the Toxic Substances Control Act (TSCA), the Clean Air Act, and the Occupational Safety and Health Act of 1970 to specified officials for possible civil or criminal penalties. Requires the U.S. Sentencing Commission to review Federal sentencing guidelines to ensure that environmental crimes relating to asbestos are sufficiently punished.

Prohibits discrimination in health insurance coverage against persons who participate in medical monitoring programs under this Act.

Amends the TSCA to require the Administrator of the Environmental Protection Agency to promulgate regulations prohibiting the manufacture, processing, or distribution in commerce of asbestos containing products, subject to specified exemptions.

]]> FAIR Act of 2004 Short Titles as Introduced FAIR Act of 2004 Short Titles as Introduced Fairness in Asbestos Injury Resolution Act of 2004 Popular Titles Asbestos Claims bill 9 Library of Congress Display Title FAIR Act of 2004 Official Title as Introduced A bill to create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes. Placed on Calendar Senate 2004-04-08T04:00:00Z 2004-04-22 Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 50 - 47. Record Vote Number: 69. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.