39–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–264 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2655) TO AMEND 

RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE TO IMPROVE 

ATTORNEY ACCOUNTABILITY, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 982) 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 

NOVEMBER 12, 2013.—Referred to the House Calendar and ordered to be printed 

Mr. WOODALL, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 403] 

The Committee on Rules, having had under consideration House 

Resolution 403, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2655, the Lawsuit Abuse Reduction Act of 2013, under a closed rule. The resolution provides one hour of debate equally divided and controlled by 

the chair and ranking minority member of the Committee on the 

Judiciary. The resolution waives all points of order against consideration of the bill and provides that it shall be considered as read. 

The resolution waives all points of order against provisions in the 

bill. The resolution provides one motion to recommit. 

The resolution also provides for consideration of H.R. 982, the 

Furthering Asbestos Claim Transparency (FACT) Act of 2013, 

under a structured rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking 

minority member of the Committee on the Judiciary. The resolution waives all points of order against consideration of the bill and 

provides that it shall be considered as read. The resolution waives 

all points of order against provisions in the bill. The resolution 

makes in order only those amendments printed in this report. Each 

such amendment may be offered only in the order printed in this 

report, may be offered only by a Member designated in this report, 

shall be considered as read, shall be debatable for the time speciVerDate Mar 15 2010 04:00 Nov 13, 2013 Jkt 039008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR264.XXX HR264

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fied in this report equally divided and controlled by the proponent 

and an opponent, shall not be subject to amendment, and shall not 

be subject to a demand for division of the question in the House 

or in the Committee of the Whole. The resolution waives all points 

of order against the amendments printed in this report. The resolution provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 2655, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in H.R. 2655, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against consideration of H.R. 982, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in H.R. 982, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments to H.R. 982 printed in this report, the Committee is 

not aware of any points of order. The waiver is prophylactic in nature. 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Cohen (TN): Exempts from the bill asbestos trusts with internal anti-fraud procedures. (10 minutes) 

2. Nadler (NY): Protects public health and safety by adding a requirement that any party seeking payment information from a 

trust must also make available information relevant to such action 

that pertains to public health or safety. (10 minutes) 

3. Jackson Lee (TX): Applies the transparency rules in the bill 

equally to asbestos industry defendants by requiring asbestos companies to report information about the location of their asbestoscontaining products and provides an exception for trade secrets. (10 

minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COHEN OF

TENNESSEE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 9, insert ‘‘that does not have a claims audit program 

intended to ensure that claims are valid and supported and that 

is’’ after ‘‘trust’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NADLER OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, beginning on line 5, strike ‘‘if’’ and all that follows 

through ‘‘exposure.’’, and insert the following: 

if— 

(i) the subject of such action concerns liability for asbestos exposure; and 


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(ii) such party agrees to make available (upon written request) information relevant to such action that 

pertains to the protection of public health or safety to 

any other person or to any Federal or State entity that 

has authority to enforce a law regulating an activity 

relating to such information. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Beginning on page 3, strike line 9 and all that follows through 

line 6 on page 4, and insert the following: 

‘‘(8)(A) A trust described in paragraph (2) shall, subject to 

subsection (B) and section 107, provide 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, to any party that is a defendant in a pending 

court action relating to asbestos exposure, information that is 

directly relates to the plaintiff’s claim in such action. 

‘‘(B) A defendant requesting information under subparagraph 

(A) shall first disclose to such plaintiff and such trust, subject 

to an appropriate protective order— 

‘‘(i) the name of each asbestos-containing product mined, 

manufactured, sold, or purchased by the defendant at any 

point in time and the name and location of each worksite 

under such defendant’s control at any point in time at 

which such asbestos was mined or such product was manufactured; and 

‘‘(ii) each location at which such product was sold or purchased by such defendant; 

except that such information shall not include any information 

that is a trade secret.’’. 

Æ 


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