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Union Calendar No. 421 

108TH CONGRESS 

2D SESSION H. R. 4571 

[Report No. 108–682] 

To amend Rule 11 of the Federal Rules of Civil Procedure to improve 

attorney accountability, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2004 

Mr. SMITH of Texas (for himself, Mr. SENSENBRENNER, Mr. FORBES, Mr. 

GREEN of Wisconsin, Mr. GALLEGLY, Mr. CHABOT, Mr. GARRETT of 

New Jersey, Mr. KING of Iowa, Mr. DELAY, Mr. FRANKS of Arizona, Mr. 

CULBERSON, Mr. KELLER, Mr. CARTER, Mr. PEARCE, Mr. CALVERT, and 

Mr. GOODLATTE) introduced the following bill; which was referred to the 

Committee on the Judiciary 

SEPTEMBER 13, 2004 

Additional sponsors: Mr. NORWOOD, Mr. HERGER, Mr. FEENEY, Mr. CANNON, Mr. BRADY of Texas, Mr. PAUL, Mr. NEUGEBAUER, Mr. KLINE, 

Mr. MILLER of Florida, Mr. GARY G. MILLER of California, Mr. 

CHOCOLA, Mrs. BLACKBURN, Mr. HOSTETTLER, Mrs. MYRICK, Mr. 

SHAYS, and Mr. BROWN of South Carolina 

SEPTEMBER 13, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 15, 2004] 

A BILL 

To amend Rule 11 of the Federal Rules of Civil Procedure 

to improve attorney accountability, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lawsuit Abuse Reduc5 tion Act of 2004’’. 

6 SEC. 2. ATTORNEY ACCOUNTABILITY. 

7 Rule 11 of the Federal Rules of Civil Procedure is 

8 amended— 

9 (1) in subdivision (c)— 

10 (A) by amending the first sentence to read 

11 as follows: ‘‘If a pleading, motion, or other paper 

12 is signed in violation of this rule, the court, 

13 upon motion or upon its own initiative, shall 

14 impose upon the attorney, law firm, or parties 

15 that have violated this subdivision or are respon16 sible for the violation, an appropriate sanction, 

17 which may include an order to the other party 

18 or parties to pay for the reasonable expenses in19 curred as a direct result of the filing of the 
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1 pleading, motion, or other paper, that is the sub2 ject of the violation, including a reasonable at3 torney’s fee.’’; 

4 (B) in paragraph (1)(A)— 

5 (i) by striking ‘‘Rule 5’’ and all that 

6 follows through ‘‘corrected.’’ and inserting 

7 ‘‘Rule 5.’’; and 

8 (ii) by striking ‘‘the court may award’’ 

9 and inserting ‘‘the court shall award’’; and 

10 (C) in paragraph (2), by striking ‘‘shall be 

11 limited to what is sufficient’’ and all that follows 

12 through the end of the paragraph (including sub13 paragraphs (A) and (B)) and inserting ‘‘shall be 

14 sufficient to deter repetition of such conduct or 

15 comparable conduct by others similarly situated, 

16 and to compensate the parties that were injured 

17 by such conduct. The sanction may consist of an 

18 order to pay to the party or parties the amount 

19 of the reasonable expenses incurred as a direct 

20 result of the filing of the pleading, motion, or 

21 other paper that is the subject of the violation, 

22 including a reasonable attorney’s fee.’’; and 

23 (2) by striking subdivision (d). 
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1 SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AF2 FECTING INTERSTATE COMMERCE. 

3 In any civil action in State court, the court, upon mo4 tion, shall determine within 30 days after the filing of such 

5 motion whether the action affects interstate commerce. Such 

6 court shall make such determination based on an assessment 

7 of the costs to the interstate economy, including the loss of 

8 jobs, were the relief requested granted. If the court deter9 mines such action affects interstate commerce, the provi10 sions of Rule 11 of the Federal Rules of Civil Procedure 

11 shall apply to such action. 

12 SEC. 4. PREVENTION OF FORUM-SHOPPING. 

13 (a) IN GENERAL.—Subject to subsection (b), a personal 

14 injury claim filed in State or Federal court may be filed 

15 only in the State and, within that State, in the county (or 

16 Federal district) in which— 

17 (1) the person bringing the claim, including an 

18 estate in the case of a decedent and a parent or 

19 guardian in the case of a minor or incompetent— 

20 (A) resides at the time of filing; or 

21 (B) resided at the time of the alleged injury; 

22 or 

23 (2) the alleged injury or circumstances giving 

24 rise to the personal injury claim allegedly occurred; 

25 or 
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1 (3) the defendant’s principal place of business is 

2 located. 

3 (b) DETERMINATION OF MOST APPROPRIATE

4 FORUM.—If a person alleges that the injury or cir5 cumstances giving rise to the personal injury claim oc6 curred in more than one county (or Federal district), the 

7 trial court shall determine which State and county (or Fed8 eral district) is the most appropriate forum for the claim. 

9 If the court determines that another forum would be the 

10 most appropriate forum for a claim, the court shall dismiss 

11 the claim. Any otherwise applicable statute of limitations 

12 shall be tolled beginning on the date the claim was filed 

13 and ending on the date the claim is dismissed under this 

14 subsection. 

15 (c) DEFINITIONS.—In this section: 

16 (1) The term ‘‘personal injury claim’’— 

17 (A) means a civil action brought under 

18 State law by any person to recover for a person’s 

19 personal injury, illness, disease, death, mental or 

20 emotional injury, risk of disease, or other injury, 

21 or the costs of medical monitoring or surveillance 

22 (to the extent such claims are recognized under 

23 State law), including any derivative action 

24 brought on behalf of any person on whose injury 

25 or risk of injury the action is based by any rep-
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1 resentative party, including a spouse, parent, 

2 child, or other relative of such person, a guard3 ian, or an estate; and 

4 (B) does not include a claim brought as a 

5 class action. 

6 (2) The term ‘‘person’’ means any individual, 

7 corporation, company, association, firm, partnership, 

8 society, joint stock company, or any other entity, but 

9 not any governmental entity. 

10 (3) The term ‘‘State’’ includes the District of Co11 lumbia, the Commonwealth of Puerto Rico, the 

12 United States Virgin Islands, Guam, and any other 

13 territory or possession of the United States. 

14 (d) APPLICABILITY.—This section applies to any per15 sonal injury claim filed in Federal or State court on or 

16 after the date of the enactment of this Act. 

17 SEC. 5. RULE OF CONSTRUCTION. 

18 Nothing in section 3 or in the amendments made by 

19 section 2 shall be construed to bar or impede the assertion 

20 or development of new claims or remedies under Federal, 

21 State, or local civil rights law. 
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1 SEC. 6. THREE-STRIKES RULE FOR SUSPENDING ATTOR2 NEYS WHO COMMIT MULTIPLE RULE 11 VIO3 LATIONS. 

4 (a) MANDATORY SUSPENSION.—Whenever a Federal 

5 district court determines that an attorney has violated Rule 

6 11 of the Federal Rules of Civil Procedure, the court shall 

7 determine the number of times that the attorney has vio8 lated that rule in that Federal district court during that 

9 attorney’s career. If the court determines that the number 

10 is 3 or more, the Federal district court— 

11 (1) shall suspend that attorney from the practice 

12 of law in that Federal district court for 1 year; and 

13 (2) may suspend that attorney from the practice 

14 of law in that Federal district court for any addi15 tional period that the court considers appropriate. 

16 (b) APPEAL; STAY.—An attorney has the right to ap17 peal a suspension under subsection (a). While such an ap18 peal is pending, the suspension shall be stayed. 

19 (c) REINSTATEMENT.—To be reinstated to the practice 

20 of law in a Federal district court after completion of a sus21 pension under subsection (a), the attorney must first peti22 tion the court for reinstatement under such procedures and 

23 conditions as the court may prescribe. 
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1 SEC. 7. ENHANCED SANCTIONS FOR DOCUMENT DESTRUC2 TION. 

3 (a) IN GENERAL.—Whoever willfully and inten4 tionally influences, obstructs, or impedes, or attempts to in5 fluence, obstruct, or impede, a pending court proceeding 

6 through the willful and intentional destruction of docu7 ments sought in, and highly relevant to, that proceeding 

8 shall be punished with mandatory civil sanctions of a de9 gree commensurate with the civil sanctions available under 

10 Rule 37 of the Federal Rules of Civil Procedure, in addition 

11 to any other civil sanctions that otherwise apply. 

12 (b) APPLICABILITY.—This section applies to any court 

13 proceeding in any Federal or State court. 

Union Calendar No. 421 

108TH CONGRESS 

2D SESSION H. R. 4571 

[Report No. 108–682] 

A BILL 

To amend Rule 11 of the Federal Rules of Civil 

and for other purposes. Procedure to improve attorney accountability, 

SEPTEMBER 13, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,