Furthering Asbestos Claim Transparency (FACT) Act of 2013

Floor Speech

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Mr. Chairman, I rise in opposition to H.R. 982, the so-called FACT Act.

The FACT Act would require asbestos trusts to publicly disclose extensive amounts of private information about asbestos victims on a public Web site. These quarterly reports would have to describe each demand the trust received, including the name and exposure history of a claimant and the basis for any payment from the trust made to such claimant. Also required to be publicly disclosed by the trusts are a claimant's home address, work history, income, medical information, and even the last four digits of a claimant's Social Security number.

Any person, including every crook in the world with Internet access, could use this information for any and all illicit purposes. That criminal or mischievous person could be your neighbor. He could be your daughter's ex-boyfriend--you know, the one you never liked and barred from coming to the house. He could be an employee on the job, somebody who is vying for your job. He could be anybody who wants to do harm to you or your family.

It is a serious threat to asbestos victims' security and privacy, and it is an unfair and unnecessary advantage bestowed upon the asbestos manufacturers. The truth of the matter is that such information is available to the tortfeasors during the course of the litigation. Federal and/or State Rules of Civil Procedure allow a defendant to gain all relevant information during the discovery process about a claimant's exposure. Moreover, a defendant's discovery request should never justify the publication of a plaintiff's entire medical history.

Yesterday, I offered an amendment that would have protected the privacy of asbestos victims and their families, but, unfortunately, the Republicans on the Rules Committee did not allow the House to consider my amendment today. It is disappointing that my Republican colleagues who pretend that they support Americans' rights to privacy are now willing to throw privacy rights under the bus while they stand with Big Asbestos and as they again victimize the victims by trampling on the privacy rights of those same victims and those families. Without adding important privacy safeguards, nothing would stop rampant identity theft or the misuse of a claimant victim's personal information, including that victim's entire medical history.

Why is it necessary for a claimant to have to give up his right to privacy just because he seeks to recover damages arising from exposure to asbestos?

The CHAIR. The time of the gentleman has expired.

Mr. CONYERS. I yield the gentleman an additional 30 seconds.

Mr. JOHNSON of Georgia. Thank you.

Asbestos victims who seek compensation for their injuries should retain the same privacy protections as other patients, as well as other people who make claims for personal injury.

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Will the gentleman yield?

Mr. FARENTHOLD. I yield to the gentleman.

Mr. JOHNSON of Georgia. How do you determine claimants individually with that level of information that you just described?

Mr. FARENTHOLD. It gives you their names and potentially a part of their Social Security numbers.

Mr. JOHNSON of Georgia. Okay. Thank you.

Mr. FARENTHOLD. It is not their full Social Security numbers. It is not their confidential medical records. It is the basis of their claims.

Mr. JOHNSON of Georgia. Will the gentleman yield?

Mr. FARENTHOLD. I yield to the gentleman.

Mr. JOHNSON of Georgia. Part of your medical record goes into that public file; is that not correct?

Mr. FARENTHOLD. It is a limited basis of the claim.

Mr. JOHNSON of Georgia. So the gentleman is incorrect.

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