The Senate Judiciary Committee is hearing opposition to the Furthering Asbestos Claim Transparency Act (FACT) today. As part of that opposition, two letters were sent to the Judiciary Committee Chair, Sen. Chuck Grassley (R-IA) and the committee’s Ranking Member, Sen. Patrick Leahy (D-VT). The message from veterans, first responders and teachers: say no to FACT Act.
The Senate Judiciary Committee is hearing opposition to the Furthering Asbestos Claim Transparency Act (FACT) today. As part of that opposition, two letters were sent to the Judiciary Committee Chair, Sen. Chuck Grassley (R-IA) and the committee’s Ranking Member, Sen. Patrick Leahy (D-VT). The message from veterans, first responders and teachers: say no to FACT Act.
The controversial FACT Act, introduced by Sen. Jeff Flake (R-AZ), forces asbestos victims to publicly share personal information in order to receive compensation from the many asbestos trusts. FACT requires each of these trusts, created under the bankruptcy code to compensate asbestos victims, to file quarterly reports on public bankruptcy dockets. These reports contain personal information on each compensated victim asking for payment and the grounds on which the payments were made.
Republican supporters of FACT argue that it’s necessary to protect these trusts from fraudulent and/or inflated claims. The trusts have limited funds, the Republicans assert, and the funds must be preserved for those who really need them. FACT was passed in the House of Representatives last month.
Veterans groups see FACT differently. One of the letters sent to the Judiciary Committee was the joint effort of 17 veterans organizations, including the National Defense Council, Vietnam Veterans of America (VVA) and the Air Force Sergeants Association (AFSA). In the letter, the organizations express their very real concerns that FACT would expose their members, many of whom are gravely ill and dying, to possible identity theft.
From the letter: “The bill is a cynical ploy by the asbestos industry to avoid compensating its victims who are seeking justice in court—many of whom are veterans who were doubly exposed; first while in uniform and when they went on to work for companies that knowingly exposed them to the deadly fiber.”
The National Education Association (NEA), the International Association of Fire Fighters (IAFF) and the American Federation of State, County and Municipal Employees (AFSCME) join the veterans groups in their opposition to FACT. Their letter states, in part:
“Victims of asbestos exposure, including first responders and teachers, among many other dedicated public employees, are entitled to compensation from the companies that caused their illnesses. S. 357 [FACT], however, would give companies an unfair advantage over asbestos victims seeking justice for their injuries — speciously touted as a ‘transparency bill,’ the measure actually is designed to help the asbestos industry avoid paying victims through delay tactics and waste of scarce trust resources set aside for victims.”
A representative from the Environmental Working Group Action Fund, Alex Formuzis said the intense opposition to FACT is a strong message to the Senate Judiciary Committee as well as the full Senate.
“Supporting legislation that would almost certainly put tens of thousands of innocent Americans, including veterans and firefighters, at risk of identity theft should be a non-starter for lawmakers.”
Stay tuned for future updates on this important issue.
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