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S 823 - 97

A bill to provide for the payment of losses incurred as a result of the ban on the use of the chemical Tris in apparel, in fabric, yarn, or fiber, and for other purposes.

Became Public Law No: 97-395.

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Summary

36 Passed House amended May 1, 2004

(Measure passed House, amended) Grants the Court of Claims jurisdiction over claims against the United States for losses sustained by producers, processors, manufacturers, distributors, or other persons resulting from the ban on children's sleepwear containing Tris phosphate. Enumerates factors to be considered by the court in determining the validity of claims. Prohibits any payments under this Act until such time as the claimant produces proof of the proper disposal of such goods. States that the amount of losses shall not include lost profits, distress sale proceeds, attorney fees, or interest on losses. Sets forth the measure of losses for producers, converters, manufacturers, distributors, and retailers of Tris-treated sleepwear or the fabric yarn, or fiber. Prohibits class action claims. Subrogates the United States to a successful claimants' rights to recover losses. Bars claims under this Act unless begun within two years of enactment. Prohibits recovery by any claimant who knowingly exported Tris-treated products after June 14, 1978. Provides for the offset of any judgment obtained by a claimant against any unpaid loans owed to the Small Business Administration. States that nothing in this Act constitutes an admission by the United States of liability for any personal injuries resulting from the use of Tris-treated products.

35 Passed Senate amended May 1, 2004

(Measure passed Senate, amended) Grants the Court of Claims jurisdiction over claims against the United States for losses sustained by producers, processors, manufacturers, distributors, or other persons resulting from the ban on children's sleepwear containing Tris phosphate. Enumerates factors to be considered by the court in determining the validity of claims. States that the amount of losses shall not include lost profits, distress sale proceeds, attorney fees, or interest on losses. Sets forth the measure of losses for the types of claimants. Prescribes the respective measure of losses for producers, converters, manufacturers, distributors, and retailers of Tris-treated sleepwear or the fabric, yarn, or fiber. Prohibits class action claims. Subrogates the United States to a successful claimant's rights to recover losses. Bars claims under this Act unless begun within two years of enactment. Prohibits any payments under this Act until such time as the claimant produces proof of the proper disposal of such goods.

01 Reported to Senate with amendment(s) May 1, 2004

(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 97-130) Grants the Court of Claims jurisdiction over claims against the United States for losses sustained by producers, processors, manufacturers, distributors, or other persons resulting from the ban on children's sleepwear containing Tris phosphate. Enumerates factors to be considered by the court in determining the validity of claims. States that the amount of losses shall not include lost profits, distress sale proceeds, attorney fees, or interest on losses. Sets forth the measure of losses for the types of claimants. Prescribes the respective measure of losses for producers, converters, manufacturers, distributors, and retailers of Tris-treated sleepwear, or the fabric, yarn, or fiber. Prohibits class action claims. Subrogates the United States to a successful claimant's rights to recover losses. Prohibits any payments under this Act until such time as the claimant produces proof of the proper disposal of such goods.

00 Introduced in Senate May 1, 2004

Grants the Court of Claims jurisdiction over claims against the United States for losses sustained by producers, processors, manufacturers, distributors, or other persons resulting from the ban on children's sleepwear containing Tris phosphate. Enumerates factors to be considered by the court in determining the validity of claims. States that the amount of losses shall not include lost profits, distress sale proceeds, attorney fees, or interest on losses. Sets forth the measure of losses for the types of claimants.

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Timeline

Dec 30, 1982

Signed by President.

Dec 30, 1982

Signed by President.

Dec 30, 1982

Became Public Law No: 97-395.

Dec 30, 1982

Became Public Law No: 97-395.

Dec 18, 1982

Presented to President.

Dec 18, 1982

Presented to President.

Dec 17, 1982

Measure Signed in Senate.

Dec 14, 1982

Resolving differences -- Senate actions: Senate agreed to House amendment. By Voice Vote.

Dec 14, 1982

Senate agreed to House amendment. By Voice Vote.

Dec 13, 1982

House Committee on The Judiciary Discharged by Suspension of Rules.

Dec 13, 1982

House Committee on The Judiciary Discharged by Suspension of Rules.

Dec 13, 1982

Called up by House Under Suspension of Rules.

Dec 13, 1982

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Dec 13, 1982

Passed House (Amended) by Voice Vote.

Aug 11, 1982

Subcommittee Consideration and Mark-up Session Held.

Aug 11, 1982

Forwarded by Subcommittee to Full Committee (Amended).

Jun 16, 1982

Subcommittee Hearings Held.

Apr 2, 1982

Executive Comment Requested from Consumer Product Safety Comm, Justice, OMB.

Dec 15, 1981

Committee on Judiciary. Provisions of measure incorporated into measure H.R. 4755 ordered to be reported.

Jun 24, 1981

Referred to Subcommittee on Administrative Law and Governmental Relations.

Jun 22, 1981

Referred to House Committee on The Judiciary.

Jun 18, 1981

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Jun 18, 1981

Passed Senate with an amendment by Voice Vote.

Jun 3, 1981

Committee on Judiciary. Reported to Senate by Senator East for Senator Thurmond favorably with an amendment in the nature of a substitute. With written report No. 97-130.

Jun 3, 1981

Committee on Judiciary. Reported to Senate by Senator East for Senator Thurmond favorably with an amendment in the nature of a substitute. With written report No. 97-130.

Jun 3, 1981

Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 156.

May 12, 1981

Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

May 6, 1981

Committee on Judiciary. Subcommittee on Separation of Powers discharged.

May 5, 1981

Subcommittee on Separation of Powers. Hearings held.

May 4, 1981

Subcommittee on Separation of Powers. Hearings held.

Apr 6, 1981

Committee on Judiciary. Referred to Subcommittee on Separation of Powers for a period not to exceed thirty days, whereupon, unless the bill has been reported sooner, the subcommittee shall be discharged from its further consideration.

Mar 27, 1981

Introduced in Senate

Mar 27, 1981

Read second time and referred to Senate Committee on Judiciary.

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