the FACT Act is back.
As it was before, this pending legislation would make it more difficult for asbestos victims to receive a “day in court” and receive the legal compensation they deserve for their mesothelioma lawsuit or asbestos-related lung cancer claim. Essentially, the “new” FACT Act (H.R. 526) would both violate asbestos victims’ privacy and allow asbestos corporations to delay justice until asbestos victims die. For more specifics about this unfortunate but not surprising legislative development we turn to a January 2015 item from the Environmental Working Group (EWG), “FACT Act Favors Asbestos Industry Over Justice, Public Health”: Legislation re-introduced by Rep. Blake Farenthold, R-Texas, would place new burdens on asbestos bankruptcy trusts, slowing compensation to victims suffering from fatal asbestos-related diseases such as mesothelioma, EWG Action Fund said today. The Furthering Asbestos Claim Transparency Act (HR. 526), or FACT Act, would specifically require the bankruptcy trusts to issue quarterly reports disclosing detailed information about individuals seeking compensation, resulting in significant delays and unnecessary burdens for victims…. As EWG Action Fund documented in its groundbreaking investigation “Asbestos: Think Again”, thousands of Americans die each year from asbestos-related diseases. In addition to lung cancer and other illnesses, exposure to asbestos causes mesothelioma, an extremely painful and fatal cancer that attacks the lining of the lungs, stomach and other organs. Mesothelioma requires expensive medical treatment and often kills sufferers within months of being diagnosed. We agree with the position taken by this EWG item, which had as a sub-headline: “Would waste assets meant to help victims, invade privacy and delay compensation”. Those few words capture all that is wrong with this Furthering Asbestos Claim Transparency (FACT) Act of 2015 legislation.
114TH CONGRESS 1ST SESSION H. R. 526 To amend title 11 of the United States Code to require the public disclosure by trusts established under section 524(g) of such title, of quarterly reports that contain detailed information regarding the receipt and disposition of claims for injuries based on exposure to asbestos; and for other purposes.
IN THE HOUSE OF REPRESENTATIVES JANUARY 26, 2015 Mr. FARENTHOLD (for himself and Mr. MARINO) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL To amend title 11 of the United States Code to require the public disclosure by trusts established under section 524(g) of such title, of quarterly reports that contain detailed information regarding the receipt and disposition of claims for injuries based on exposure to asbestos; and for other purposes.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Furthering Asbestos Claim Transparency (FACT) Act of 2015’’.
SEC. 2. AMENDMENTS.
Section 524(g) of title 11, United States Code, is 3 amended by adding at the end the following:
‘‘(8) A trust described in paragraph (2) shall, subject to section 107—
‘‘(A) file with the bankruptcy court, not later than 60 days after the end of every quarter, a report that shall be made available on the court’s public docket and with respect to such quarter—
‘‘(i) describes each demand the trust received from, including the name and exposure history of, a claimant and the basis for any payment from the trust made to such claimant; and
‘‘(ii) does not include any confidential medical record or the claimant’s full social security number; and
‘‘(B) upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by the trust to comply with such request, provide in a timely manner any information related to payment from, and demands for payment from, such trust, subject to appropriate protective orders, to any party to any action in law or equity if the subject of such action concerns liability for asbestos exposure.’’.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in sub section (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.
(b) APPLICATION OF AMENDMENTS.—The amendments made by this Act shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act.
source : https://www.congress.gov/114/bills/hr526/BILLS-114hr526ih.pdf
114TH CONGRESS 1ST SESSION H. R. 526 To amend title 11 of the United States Code to require the public disclosure by trusts established under section 524(g) of such title, of quarterly reports that contain detailed information regarding the receipt and disposition of claims for injuries based on exposure to asbestos; and for other purposes.
IN THE HOUSE OF REPRESENTATIVES JANUARY 26, 2015 Mr. FARENTHOLD (for himself and Mr. MARINO) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL To amend title 11 of the United States Code to require the public disclosure by trusts established under section 524(g) of such title, of quarterly reports that contain detailed information regarding the receipt and disposition of claims for injuries based on exposure to asbestos; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Furthering Asbestos Claim Transparency (FACT) Act of 2015’’.
SEC. 2. AMENDMENTS.
Section 524(g) of title 11, United States Code, is 3 amended by adding at the end the following:
‘‘(8) A trust described in paragraph (2) shall, subject to section 107—
‘‘(A) file with the bankruptcy court, not later than 60 days after the end of every quarter, a report that shall be made available on the court’s public docket and with respect to such quarter—
‘‘(i) describes each demand the trust received from, including the name and exposure history of, a claimant and the basis for any payment from the trust made to such claimant; and
‘‘(ii) does not include any confidential medical record or the claimant’s full social security number; and
‘‘(B) upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by the trust to comply with such request, provide in a timely manner any information related to payment from, and demands for payment from, such trust, subject to appropriate protective orders, to any party to any action in law or equity if the subject of such action concerns liability for asbestos exposure.’’.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in sub section (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.
(b) APPLICATION OF AMENDMENTS.—The amendments made by this Act shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act.
source : https://www.congress.gov/114/bills/hr526/BILLS-114hr526ih.pdf