Mr. Chairman, there is one fact that is indisputable, and that is the procedure by which this particular bill came to the floor. It is a procedure whereby the majority had three witnesses and the minority had one, and none of the witnesses…
Mr. Chairman, there is one fact that is indisputable, and that is the procedure by which this particular bill came to the floor. It is a procedure whereby the majority had three witnesses and the minority had one, and none of the witnesses were victims.
There are two major asbestos victims' groups. They would be the people most interested in preserving the funds for victims--the Asbestos Cancer Victims' Rights Campaign and the Asbestos Disease Awareness Organization. One is headed up by the widow of a former Member of this House, Mrs. Vento. Her husband, Congressman Bruce Vento, died of mesothelioma. They oppose this bill, but the fact is, indisputably, that they were not allowed to testify.
If this bill, indeed, were for the victims, the victims should have had an opportunity to testify. The chairman of the subcommittee, Mr. Bachus, of which I am the ranking member, valiantly tried to rectify that error by allowing them to testify, but he was overruled.
The fact is that the procedure that brought this bill to the floor was flawed. Accordingly, I submit that the bill should be flawed because the victims should have had the opportunity to speak. If it is for the victims, if it is for preserving funds, the people who are proponents shouldn't have been afraid of the victims' organizations going on record and giving testimony and testifying.
This whole proceeding today is conceived in an attack on the victims--not allowing the victims to speak and not allowing transparency in the hearing process. This is allegedly about transparency. It is not. It is about covering up and not allowing freedom of speech from the people who are most affected--those who had loved ones die from mesothelioma.
Will the gentleman yield?
Would you explain to me then why the victims were never allowed to testify on the record in this Congress and were never given an opportunity even though the subcommittee chairman valiantly and heroically tried to rectify that?
In private.
Mr. Chairman, we had one witness; the majority had three witnesses. Ours had to try to explain the legal effects.
The fact is the proponents of the bill who claim it is for the victims should have had the right to have the victims be there. The special procedure they had was an in camera hearing not on the record. That is not right. If you want to propose something for the victims, you give them an opportunity to testify on the record--and they all opposed the bill to a one.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself such time as I may consume.
My amendment ensures that H.R. 982 will not apply to trusts that have an internal claims audit program to ensure that claims are valid and supported.
Proponents of H.R. 982 argue that its reporting and other information-sharing requirements are necessary in order to ensure that asbestos victims are not committing fraud by recovering money both from trusts and through the tort system, thereby ``double dipping.''
While proponents of the bill have yet to point to any empirical evidence of endemic fraud within the asbestos trust claims process, H.R. 982, if enacted, will impose unnecessary burdens and costs on trusts and will expose claimants' private information to the unnecessary risk of inappropriate exposure, exposure that their loved ones have already suffered from.
H.R. 982's additional requirements on trusts will raise their administrative costs significantly. Money used to pay these costs ultimately means less money to compensate asbestos victims.
This is particularly problematic in light of the fact that defendants can already obtain the information they want using existing discovery tools without undermining compensation for legitimate claims.
The reporting requirements in H.R. 982 also raise privacy concerns. This provision requires that a claimant's name and exposure history be made part of a bankruptcy court's public docket, meaning that anyone can access such information for any purpose, including purposes that have nothing to do with compensation for asbestos exposure.
I recognize that the bill specifically prohibits trusts from making public any medical records or full Social Security numbers, although it does require the last four digits of the Social Security number to be used.
I also recognize that limited additional privacy protection is available under rule 107 of the Bankruptcy Code.
Nonetheless, these measures are insufficient to fully protect the claimant's privacy. As noted by my colleagues, once out in public, such information can be used for any purpose. Potential employers, insurance companies, lenders, and even those who may seek to harm an asbestos victim in some way can have access to this information without the victim's permission or knowledge.
In light of these concerns, and notwithstanding the lack of any evidence of systemic fraud, my amendment ensures that to the extent that a trust already has measures in place to ferret out potential fraudulent claims, it should not have to bear the costs, burdens, and privacy risks presented by H.R. 982's requirements.
If, in fact, proponents of H.R. 982 are primarily concerned about potential fraud in the asbestos trust claims process, then they should have little trouble supporting this amendment that recognizes processes already in place to address fraud while also addressing some of the concerns of those who oppose the bill. Accordingly, I ask my colleagues to support this amendment.
I reserve the balance of my time.
Mr. Chairman, I yield such time as he may consume to the gentleman from Michigan (Mr. Conyers).
Mr. Chairman, I would like to respond.
The gentleman from Houston mentions this is a ``victims' rights bill,'' but all the victims' rights organizations are against it. There is something wrong. Something smells, and it is not Denmark.
I yield to the gentleman from Texas.
Sure there isn't, because a group that is unknown, they don't know who they are.
The victims' organizations are concerned about victims in the future. They have suffered. They project into the future. They want to help other people put into their position. They are reaching out in a benevolent manner.
Mr. Vento's widow and her organization and the other organizations are against it. They had no voice. The only voice they have is through Representatives, and they ask the Representatives to vote ``no.''
I yield back the balance of my time.