FAIR Act of 2004

Bill: 108-s-2290
Sponsor: Sen. Hatch, Orrin G. [R-UT]
Introduced: 2004-04-07 in the Senate
Policy area: Law
Subjects: 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

Summary:
action_date: 2004-04-07
text: 
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.


Legislative actions:
action_date: 2004-04-22
text: Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 50 - 47. Record Vote Number: 69.
action_date: 2004-04-22
text: Motion to proceed to measure considered in Senate. (consideration: CR S4247-4260)
action_date: 2004-04-21
text: Motion to proceed to measure considered in Senate. (consideration: CR S4184-4218, S4233-4234)
action_date: 2004-04-20
text: Cloture motion on the motion to proceed presented in Senate.
action_date: 2004-04-20
text: Motion to proceed to measure considered in Senate.
action_date: 2004-04-20
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S4123-4127, S4144-4146)
action_date: 2004-04-19
text: Sponsor introductory remarks on measure. (CR S4078-4083)
action_date: 2004-04-08
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 472.
action_date: 2004-04-07
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2004-04-07
text: Sponsor introductory remarks on measure. (CR S3922-3924)
action_date: 2004-04-07
text: Introduced in Senate