Opening Statement

Floor Statement of the Honorable John Conyers, Jr.
H.R. 982, the “Furthering Asbestos Claim Transparency (FACT) Act of 2013”
November 13, 2013

Mr. Speaker:

     I strongly oppose H.R. 982, the “Furthering Asbestos Claim Transparency Act of 2013,” or the “FACT Act.”

     At first glance, this bill seems like a reasonable measure.  After all, who could possibly be against greater “transparency?”  But I caution my colleagues not to be mislead by proponents’ rhetoric.  In truth, the so-called FACT Act fails to address any real problem of transparency.  The actual facts demonstrate that the FACT Act is a solution in search of a problem that will have several very serious repercussions.

     To begin with, the bill’s reporting and disclosure requirements are an assault against asbestos victims’ privacy interests.  The bill mandates that the trusts publicly report information on the claimant’s that could include their name, address, work history, income, medical information, exposure history, as well as the basis of any payment that the trust made to the claimant.  Given the fact that all of this information would potentially be available on the Internet, just imagine what insurers, potential employers, prospective lenders, and data collectors could do with this private information.

      Essentially, this bill would allow asbestos victims to be re-victimized by exposing their health information to the public, including those who seek information for illegal purposes.  In a letter sent to members of the House, leading privacy advocates cautioned that “once this information is publicly available, asbestos victims will be at great risk from identity thieves, con artists and other predators who rely on individualized, personal information to commit crimes.”  And while proponents will undoubtedly point to an exception in the bill for “confidential medical records,” this term has no definition or general meaning and privacy experts agree it will not protect the medical privacy of asbestos victims.