[Congressional Record Volume 159, Number 163 (Friday, November 15, 2013)]
[Extensions of Remarks]
[Page E1676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       FURTHERING ASBESTOS CLAIM TRANSPARENCY (FACT) ACT OF 2013

                                 ______
                                 

                               speech of

                         HON. CHRIS VAN HOLLEN

                              of maryland

                    in the house of representatives

                      Wednesday, November 13, 2013

       The House in Committee of the Whole House on the state of 
     the Union had under consideration the bill (H.R. 982) to 
     amend title 11 of the United States Code to require the 
     public disclosure by trusts established under section 524 of 
     such title, of quarterly reports that contain detailed 
     information regarding the receipt and disposition of claims 
     for injuries based on exposure to asbestos; and for other 
     purposes:

  Mr. VAN HOLLEN. Mr. Chair, I rise in opposition to H.R. 982, the 
misleadingly-named ``FACT Act.'' When the Congress should be 
considering important legislation to replace the sequester, address our 
budget deficits in a balanced way, and reform our broken immigration 
system, we are instead using our scarce legislative time to consider 
this cynical, counterproductive bill that specifically targets victims 
suffering from diseases caused by asbestos exposure.
  Under the cloak of ``transparency and accountability,'' this 
legislation would needlessly force asbestos trusts to release personal 
claim information about victims. It would also allow asbestos 
defendants to demand unlimited and irrelevant information from asbestos 
trusts--at any point in a proceeding. The cynical intent of this 
provision is to burden the asbestos trusts with so many requests for 
information (from deep-pocketed, corporate defendants) that they will 
have to spend time and resources fulfilling those information requests, 
thus delaying trust recoveries by victims. This is especially 
concerning considering mesothelioma usually kills its victims within 4 
to 18 months of diagnosis.
  Finally, the allegations of fraud within the trust process are simply 
untrue. The error rate in the asbestos trust process has been shown to 
be less than one-half of one percent. Any examples of fraud found are 
rare and isolated incidents, and are aptly addressed by state courts. 
Simply put, this legislation is nothing but a legislative handout to 
the corporations that have (and continue to) subject workers to unsafe 
working conditions. The one-sided nature of this bill was further 
exposed when its supporters defeated an amendment that would have 
required the corporate defendants to disclose information about the 
location of their disease-causing asbestos products.
  I urge my colleagues to vote against H.R. 982.

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