S. 2290: FAIR Act of 2004

108th Congress · introduced 2004-04-07 · Law · Latest: Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 50 - 47. Record Vote Number: 69.

federal

Follow this bill, step by step

Where it came from: introduced 2004-04-07 · official record
Who proposed it: Sen. Hatch, Orrin G. [R-UT] · what a sponsor is
What happened next: 1 recorded vote in our records. Latest: Senate vote 69 (2004): On the Cloture Motion, S2290 (2004-04-22), Cloture Motion Rejected. See all
Where it stands now: Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 50 - 47. Record Vote Number: 69. Not final yet: this can still change. We check for updates every day.
If it becomes law and spends money: follow the money to money laws, then agencies and contracts and grants.

What does this mean?

Official title

FAIR Act of 2004

Plain summary

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.

Congressional Research Service summary (Introduced in Senate), quoted unchanged (nonpartisan). Read the source.

What a vote does

A “Yea” vote

If it passes both chambers and is signed, it becomes law.

A “Nay” vote

If it is not passed, current law stays as it is.

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What does this mean? (plain words)

Official text

FAIR Act of 2004

Source: Congressional Research Service summary (Introduced in Senate)

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How did my representative vote? · This bill's floor votes

Officials and money

Sponsor: Sen. Hatch, Orrin G. [R-UT] · 8 cosponsors

Cost estimate: CBO cost estimate: S. 2290, Fairness in Asbestos Injury Resolution Act of 2004 (2004-04-20); CBO cost estimate: S. 2290, Fairness in Asbestos Injury Resolution Act of 2004 (2004-04-20)

Cosponsors on this site

Recorded votes

Senate vote 69 (2004): On the Cloture Motion, S2290 (2004-04-22): Cloture Motion Rejected

Words on this page, explained (6)

Exemption: A rule that removes certain people, property or activities from a tax or requirement.
Jurisdiction: The area or the matters a government or court has authority over.
Obligation: A binding promise by a government agency to pay money, for example by signing a contract or awarding a grant. Spending data such as USAspending.gov counts money when it is obligated, which can be before it is actually paid out.
Resolution: A formal statement or decision by a legislative body. Simple resolutions often only express an opinion or set rules for one chamber; they do not become law.
Rulemaking: The process agencies use to write regulations that carry out laws passed by Congress or a legislature. Usually an agency publishes a proposed rule, takes public comments, then publishes a final rule.
Statute: A written law passed by a legislature. A statute can be changed by a later law; changing a constitution needs an amendment.

Plain meanings written from linked sources. All words.

Sources

Congressional Research Service summary (Introduced in Senate)
Congress.gov
Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-108s2290.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/108/s>

Record fed-us-cong108-s2290 · catalog fed-us-congress-bills-cong108 · updated 2026-11-15 by psicol fed-bills-cong108