Date: 1988-10-04
Speaker: THOMAS A. LUKEN (democrat)
Chamber: H

Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker. I urge the House to pass H.R. 5442. the Asbestos Information Act of 1988. legislation designed to reduce the tremendous costs associated with litigation filed to recover the costs of abating asbestos hazards in buildings. This legislation. which I introduced with my colleague Mr. LENT is intended to streamline the discovery portion of the litigation process. making it possible to reduce costs not only for the litigants in these cases but also for taxpayers who foot the bill for the adjudication of these cases as well. Asbestos abatement litigation can be extremely costly to all parties concerned. Many cases are brought listing 50 or more defendants when the number of parties who may be responsible for the asbestos product in question is closer to 5 or 6. This only results in unnecessary delays and untold costs to the litigants and the taxpayers. A study done by the Rand Corp. estimates that as much as 60 percent of the total expenditures in asbestos abatement cases went to lawyers rather than claimants. If this is true then something must be done to correct these abuses in litigation. Plaintiffs who have to identify asbestos product manufacturers should be assisted in doing so. Defendants who can be readily eliminated from these cases should be. The result would not only benefit plaintiffs in speeding recovery. lessen paperwork for all parties to the litigation. and reduce the burdens on our already overcrowded court system. but it would be good public policy as well. H.R. 5442 places minimal information reporting requirements on former asbestos product manufacturers. requirements that could substantially reduce these excessive litigation costs. Manufacturers would be required to provide information to the Environmental Protection Agency on the years their product was produced. the types or classes of products manufactured. and certain identifying characteristics of the product. such as mineral or chemical constituents. designs. patterns. or textures of the products. This information would be reviewed. organized Pnd published by EPA so that it would be available to the public for use in determining the appropriate parties to name in asbestos abatement litigation. The aim of this legislation is to make this asbestos product information available from EPA so that building owners would be assisted at the outset in identifying the proper asbestos product manufacturer when filing an asbestos abatement claim. It would also afford the court an opportunity to eliminate any of the manufacturers that should not be involved in the suit in the first place. Mr. Speaker. I will insert In the RECOnD following my remarks a statement explaining the purpose and containing a sectionbysection analysis of the bill. This explanatory statement reflects my understanding of the bill and is concurred In by Chairman DINGELL. as well as my colleagues Mr. LENT and Mr. WHITTAKER. I am pleased with the bipartisan support for this legislation and want to thank my colleagues for helping us move expeditiously on this matter. I strongly urge the House to pass this measure today.