Date: 2016-01-08
Speaker: JACKSON LEE (democrat)
Chamber: H

I want to listen to the families. I oppose this legislation. and I ask my colleagues to vote against it. Mr. Chair. I rise in opposition to H.R. 982. the socalled "Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2015." I oppose this intrusive and burdensome legislation for two reasons. First. I oppose H.R. 1927 because it would prohibit a federal court from certifying a federal class action unless each class member has suffered the same type and same scope of injury as the named class representative. The practical effect of this requirement. if enacted. would be the effective immunization of corporate misconduct and fraud such as the Volkswagen "cheat device" scandal on CleanDiesel vehicles. For example. if H.R. 1927 were to become law. two families who were defrauded by Volkswagen would not be able to join together to bring a class action because they bought their cars at slightly different times or drove the cars in slightly different ways. This makes no sense unless the objective is to discourage ordinary Americans from obtaining relief for the injuries caused by the misconduct of large national corporations. The second reason I oppose this legislation is because it would invade the privacy of asbestos victims by requiring the posting of personal exposure and medical information online and erect new barriers to victims receiving compensation for their asbestos illnesses they contracted through no fault of their own and for which asbestos producers were legally responsible. We have witnessed decades of uncontrolled use of asbestos. and. even after its hazards became widely known. the consequences of this dangerous product are visiting death. disease. and heartbreak on innocent victims and their families. Hundreds of thousands of workers and family members have been exposed to. suffered from. or died of asbestosrelated cancers and lung disease. And sadly. the toll continues to the present day. It is estimated that each year 10.000 people in the United States are expected to die from asbestos related diseases. This is an outrageand to add to their miserythey have to deal with the onerous provisions of H.R. 1927. Time and time again. asbestos victims have faced huge obstacles. inconvenient barriers. and veiled but persistent resistance in receiving compensation for their injuries. It is important to note that asbestos litigation is the longestrunning mass tort litigation in the history of the United States. It is particularly outrageous that many of the major asbestos producers refused to accept responsibility and most declared bankruptcy in an attempt to limit their future liability. In 1994 Congress passed reasonably balanced legislation that allowed the asbestos companies to set up bankruptcy trusts to compensate asbestos victims and reorganize under the bankruptcy law. But these trusts lack adequate funding to provide just compensation. according to a 2010 RAND study. the median payment across the trusts is sufficient to compensate only 25% of the damages suffered by the claimant. With compensation from these trusts so limited. asbestos victims have sought redress from the manufacturers of other asbestos products to which they were exposedthe original tortfeasors. The Occupational Safety and Health Administration. better known as OSHA. noted two decades ago that: "It was aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on human than has asbestos exposure." We see the harm that asbestos causes when it afflicts its victimsordinary Americans who simply went to work every day to support their families. And although the proponents of this legislation assert that it is intended to protect asbestos victims. it is interesting to note that not a single asbestos victim has come forth to express support for this legislation. As the widow of one of our former colleagues. the beloved Congressman Bruce Vento of Minnesota. who passed away from mesothelioma. has stated. this legislation "does not do a single thing" to help asbestos victims and their families. H.R. 1927 does not help and actually disturbs a reasonably wellfunctioning asbestos victim compensation process. Entities facing overwhelming mass tort liability for causing asbestos injuries may. under certain circumstances. shed these liabilities and financially regain their stability in exchange for funding trusts established under Chapter II of the Bankruptcy Code to pay the claims of their victims. under certain circumstances. H.R. 1927. however. interferes with this longstanding process in two ways. First. the legislation would require these trusts to file a publicly available quarterly report with the bankruptcy court that includes personally identifiable information about claimants. including their names. exposure history. and basis for any payment made to them. Second. the bill requires the trusts to provide any information related to payment and demands for payment to any party to any action in law or equity concerning liability for asbestos exposure. It is particularly galling that many of the major asbestos producers refuse to accept responsibility and that most declared bankruptcy in an attempt to limit their future liability. How much more can we put on these poor victims? If you want information. go to their counsel. go to the courthouse. With more than 10.000 Americans suffocating every year from horrific asbestos diseases like mesothelioma. this House should be focused on ensuring justice for the victims and protecting the public health and safety instead of debating legislation designed to delay compensation and deny justice for dying asbestos victims. I urge my colleagues to vote against this utterly intrusive legislation.