Fairness in Asbestos Compensation Act of 1999
Latest action. Sponsor introductory remarks on measure. (continuing resolutionA stopgap law funding the government at existing levels when the annual appropriations bills are not done by October 1.Read the full definition (opens a new tab) S2097-2098)
TABLE OF CONTENTS: Title I: Asbestos Resolution Corporation Title II: Medical Eligibility Determinations Title III: Alternative Dispute Resolution Title IV: Civil Actions Title V: Rules Applicable to Arbitrations and Civil Actions Title VI: Funding Title VII: Applicability; Pending Civil Actions Title VIII: Miscellaneous Provisions Fairness in Asbestos Compensation Act of 1999 - Title I: Asbestos Resolution Corporation - Establishes the Asbestos Resolution Corporation which shall: (1) have exclusive authority to adopt rules for cost recovery, physician qualifications, alternative dispute resolution, exceptional medical cases, and disease eligibility; and (2) appoint a Medical Advisory Board. Title II: Medical Eligibility Determinations - Sets forth claimant medical eligibility determination criteria for: (1) nonmalignant conditions; (2) mesothelioma; (3) lung cancer; and (4) other cancer. (Sec. 205) Sets forth procedures for Corporation determination of a claimant's certificate of medical eligibility. (Sec. 206) Directs the Corporation to establish one or more exceptional medical claims panels. Sets forth application and acceptance provisions. (Sec. 207) Provides for: (1) confidentiality; and (2) U.S. district court review of Corporation determinations of eligibility. Title III: Alternative Dispute Resolution - Directs the Board to establish procedural rules for an alternative dispute resolution process. Sets forth provisions regarding: (1) motions officers; (2) respondent notification; (3) additional respondents; (4) grace period; (5) mediation and arbitration; and (6) subpoena powers. Title IV: Civil Actions - Prohibits: (1) a civil asbestos action unless the plaintiff has obtained a certificate of medical eligibility and release from mediation; and (2) a class action or other collective action without the consent of each defendant. (Sec. 404) Requires a penalty for a final offer made by a respondent in mediation if such offer is below a certain amount assigned by the jury or fact-finder. Title V: Rules Applicable to Arbitrations and Civil Actions - Sets forth arbitration and civil action rules with respect to: (1) issues to be decided; (2) relief; (3) timeliness defenses; (4) attorney's fees; and (5) nonpreclusion of nonmalignant claims upon subsequent malignancy claims. Title VI : Funding - Directs the Corporation to estimate its annual medical review and administrative and overhead costs and allocate proportionate cost shares among the previous year's respondents. Provides monetary penalties for noncooperation with the Corporation. (Sec. 602) Provides for mediation and arbitration costs to be charged on a per capita basis to participating respondents. (Sec. 603) Directs the Corporation to establish procedures for informal resolution of cost assessment disputes. Provides for U.S. district court review of cost assessment disputes. (Sec. 606) Establishes the Asbestos Resolution Corporation Trust Fund and transfers to it amounts received under this title and other amounts. Authorizes obligation of Fund amounts consistent with this Act, to remain available without fiscal year limitation. Title VII: Applicability; Pending Civil Actions - Makes this Act applicable to any civil asbestos action that has not resulted in a final, nonappealable judgment, with specified conditions applicable to pending civil actions. Title VIII: Miscellaneous Provisions - Defines specified terms. (Sec. 803) Makes this Act inapplicable to existing asbestos trusts, with an elective trust exception. (Sec. 804) States that nothing in this Act shall prohibit a claimant from entering into a settlement agreement concerning a claim covered under this Act.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on March 25, 1999. It describes the bill, it is not the legal text.
Sponsor introductory remarks on measure. (CR S2097-2098)
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Where is it in the process, and what happens next?
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The record's latest action, on April 4, 2000: Sponsor introductory remarks on measure. (CR S2097-2098)
How likely is it to become law?
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In the 106th Congress (1999-00), 580 of the 9,158 bills and joint resolutions introduced became law, about 6.3 percent. That count covers every measure at every stage, including the many that never left committee.
This one has no outstanding steps 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?
JOHN ASHCROFT (R-MO) introduced it on March 25, 1999, and 28 members have since signed on as cosponsors.
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 March 25, 1999, 10078 days ago. The most recent recorded action was 9702 days ago, on April 4, 2000.
Measures do not carry over. Anything the 106th Congress has not finished by January 3, 2001 dies when the term ends, and has to be introduced again from the start in the next Congress.
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Vote history
- SenateSponsor introductory remarks on measure. (CR S2097-2098)
- HouseNot stated in the latest action
- PresidentNot stated in the latest action