ADAO Opposition to the Furthering Asbestos Claim Transparency Act of 2012 (H.R. 4369)
1. June 5, 2012
The Honorable Lamar Smith, Chairman
House Judiciary Committee
2138 Rayburn House Office Building
Washington, DC 20515
ADAO Judiciary H.R. 4369 Opposition Letter
The Honorable John Conyers, Jr., Ranking Member
House Judiciary Committee
2138 Rayburn House Office Building
Washington, DC 20515
Re: ADAO Opposition to the Furthering Asbestos Claim Transparency Act of 2012 (H.R. 4369)
Dear Chairman Smith and Ranking Member Conyers:
The Asbestos Disease Awareness Organization (ADAO) respectfully writes to express our opposition to
the Furthering Asbestos Claim Transparency Act of 2012 (FACT Act), H.R. 4369. We opposed the bill
because it is unfair and discriminatory toward asbestos cancer victims and sufferers. Ostensibly designed
for transparency, by imposing lengthy reporting requirements on asbestos trusts, the legislation would
operate in a manner to only require such reporting and submission to data requests from plaintiffs,
asbestos victims, while purposely shielding the other party to the settlements and litigation, the defendant
companies.
ADAO, an independent non-profit organization, is dedicated to preventing asbestos exposures and
eliminating environmental and occupational asbestos-related diseases. Asbestos is a known human
carcinogen that causes deadly cancerous diseases. Yet, it remains a major public health hazard that severely
affects too many American families. The 2012 USGS World Report confirmed that the U.S continues to
import the asbestos, notwithstanding these lethal and fatal exposures to “meet manufacturing demands,”1
notwithstanding the knowledge of asbestos’ lethal nature.
Accordingly, ADAO is strongly opposed to the FACT Act, as it creates greater burdens for patients and
families to overcome during an already extremely difficult time. Delayed or denied compensation would
gravely impact patients’ pursuit of medical care and justice. As a mesothelioma widow, I am disappointed
1
“The United States is dependent on [asbestos] imports to meet manufacturing needs.”
http://minerals.usgs.gov/minerals/pubs/commodity/asbestos/mcs-2012-asbes.pdf
Asbestos Disease Awareness Organization is a registered 501(c) (3) nonprofit organization
"United for Asbestos Disease Awareness, Education, Advocacy, and Community Support"
1525 Aviation Boulevard, Suite 318 · Redondo Beach · California · 90278 · (310) 251-7477
www.AsbestosDiseaseAwareness.org
2. when Congressional legislative efforts choose to focus on litigation instead of education and prevention.
Americans need legislation that will stop the continued import of asbestos into our country, and prevent
environmental and occupational asbestos-related diseases. As consumers and workers, Americans deserve
transparency to prevent exposure to asbestos, not to penalize victims.
Trusts established by asbestos companies undergoing reorganization effectively compensate current and
future asbestos victims while allowing business operations to continue. Trusts are designed to decrease
litigation and costs; these reporting requirements work against these purposes. The FACT Act grants
asbestos companies the right to require from the trusts any information they choose, at any time and for
practically any reason. As proposed, the bill negatively affects all victims of asbestos exposure, and
effectively limits the justice they deserve.
On behalf of the American citizens, we urge you to consider legislation that will protect public health, not
legislation that aims to delay or deny justice for victims of asbestos exposure.
Sincerely,
Linda Reinstein
President and Co-Founder, Asbestos Disease Awareness Organization
Asbestos Disease Awareness Organization is a registered 501(c) (3) nonprofit volunteer organization
"United for Asbestos Disease Awareness, Education, Advocacy, Prevention, Support and a Cure"
1525 Aviation Boulevard, Suite 318 · Redondo Beach · California · 90278 · 310.437.3886
www.AsbestosDiseaseAwareness.org