IB 
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. CAN-
NON, 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
[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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lawsuit Abuse Reduc-
tion Act of 2004’’. 
SEC. 2. ATTORNEY ACCOUNTABILITY. 
Rule 11 of the Federal Rules of Civil Procedure is 
amended— 
(1) in subdivision (c)— 
(A) by amending the first sentence to read 
as follows: ‘‘If a pleading, motion, or other paper 
is signed in violation of this rule, the court, 
upon motion or upon its own initiative, shall 
impose upon the attorney, law firm, or parties 
that have violated this subdivision or are respon-
sible for the violation, an appropriate sanction, 
which may include an order to the other party 
or parties to pay for the reasonable expenses in-
curred as a direct result of the filing of the
pleading, motion, or other paper, that is the sub-
ject of the violation, including a reasonable at-
torney’s fee.’’; 
(B) in paragraph (1)(A)— 
(i) by striking ‘‘Rule 5’’ and all that 
follows through ‘‘corrected.’’ and inserting 
‘‘Rule 5.’’; and 
(ii) by striking ‘‘the court may award’’ 
and inserting ‘‘the court shall award’’; and 
(C) in paragraph (2), by striking ‘‘shall be 
limited to what is sufficient’’ and all that follows 
through the end of the paragraph (including sub-
paragraphs (A) and (B)) and inserting ‘‘shall be 
sufficient to deter repetition of such conduct or 
comparable conduct by others similarly situated, 
and to compensate the parties that were injured 
by such conduct. The sanction may consist of an 
order to pay to the party or parties the amount 
of the reasonable expenses incurred as a direct 
result of the filing of the pleading, motion, or 
other paper that is the subject of the violation, 
including a reasonable attorney’s fee.’’; and 
(2) by striking subdivision (d).
SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AF-
FECTING INTERSTATE COMMERCE. 
In any civil action in State court, the court, upon mo-
tion, shall determine within 30 days after the filing of such 
motion whether the action affects interstate commerce. Such 
court shall make such determination based on an assessment 
of the costs to the interstate economy, including the loss of 
jobs, were the relief requested granted. If the court deter-
mines such action affects interstate commerce, the provi-
sions of Rule 11 of the Federal Rules of Civil Procedure 
shall apply to such action. 
SEC. 4. PREVENTION OF FORUM-SHOPPING. 
(a) IN GENERAL.—Subject to subsection (b), a personal 
injury claim filed in State or Federal court may be filed 
only in the State and, within that State, in the county (or 
Federal district) in which— 
(1) the person bringing the claim, including an 
estate in the case of a decedent and a parent or 
guardian in the case of a minor or incompetent— 
(A) resides at the time of filing; or 
(B) resided at the time of the alleged injury; 
or 
(2) the alleged injury or circumstances giving 
rise to the personal injury claim allegedly occurred; 
or
(3) the defendant’s principal place of business is 
located. 
(b) 
DETERMINATION
OF
MOST
APPROPRIATE 
FORUM.—If a person alleges that the injury or cir-
cumstances giving rise to the personal injury claim oc-
curred in more than one county (or Federal district), the 
trial court shall determine which State and county (or Fed-
eral district) is the most appropriate forum for the claim. 
If the court determines that another forum would be the 
most appropriate forum for a claim, the court shall dismiss 
the claim. Any otherwise applicable statute of limitations 
shall be tolled beginning on the date the claim was filed 
and ending on the date the claim is dismissed under this 
subsection. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘personal injury claim’’— 
(A) means a civil action brought under 
State law by any person to recover for a person’s 
personal injury, illness, disease, death, mental or 
emotional injury, risk of disease, or other injury, 
or the costs of medical monitoring or surveillance 
(to the extent such claims are recognized under 
State law), including any derivative action 
brought on behalf of any person on whose injury 
or risk of injury the action is based by any rep-
resentative party, including a spouse, parent, 
child, or other relative of such person, a guard-
ian, or an estate; and 
(B) does not include a claim brought as a 
class action. 
(2) The term ‘‘person’’ means any individual, 
corporation, company, association, firm, partnership, 
society, joint stock company, or any other entity, but 
not any governmental entity. 
(3) The term ‘‘State’’ includes the District of Co-
lumbia, the Commonwealth of Puerto Rico, the 
United States Virgin Islands, Guam, and any other 
territory or possession of the United States. 
(d) APPLICABILITY.—This section applies to any per-
sonal injury claim filed in Federal or State court on or 
after the date of the enactment of this Act. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in section 3 or in the amendments made by 
section 2 shall be construed to bar or impede the assertion 
or development of new claims or remedies under Federal, 
State, or local civil rights law.
SEC. 6. THREE-STRIKES RULE FOR SUSPENDING ATTOR-
NEYS WHO COMMIT MULTIPLE RULE 11 VIO-
LATIONS. 
(a) MANDATORY SUSPENSION.—Whenever a Federal 
district court determines that an attorney has violated Rule 
11 of the Federal Rules of Civil Procedure, the court shall 
determine the number of times that the attorney has vio-
lated that rule in that Federal district court during that 
attorney’s career. If the court determines that the number 
is 3 or more, the Federal district court— 
(1) shall suspend that attorney from the practice 
of law in that Federal district court for 1 year; and 
(2) may suspend that attorney from the practice 
of law in that Federal district court for any addi-
tional period that the court considers appropriate. 
(b) APPEAL; STAY.—An attorney has the right to ap-
peal a suspension under subsection (a). While such an ap-
peal is pending, the suspension shall be stayed. 
(c) REINSTATEMENT.—To be reinstated to the practice 
of law in a Federal district court after completion of a sus-
pension under subsection (a), the attorney must first peti-
tion the court for reinstatement under such procedures and 
conditions as the court may prescribe.
SEC. 7. ENHANCED SANCTIONS FOR DOCUMENT DESTRUC-
TION. 
(a) IN
GENERAL.—Whoever willfully and inten-
tionally influences, obstructs, or impedes, or attempts to in-
fluence, obstruct, or impede, a pending court proceeding 
through the willful and intentional destruction of docu-
ments sought in, and highly relevant to, that proceeding 
shall be punished with mandatory civil sanctions of a de-
gree commensurate with the civil sanctions available under 
Rule 37 of the Federal Rules of Civil Procedure, in addition 
to any other civil sanctions that otherwise apply. 
(b) APPLICABILITY.—This section applies to any court 
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 
Procedure to improve attorney accountability, 
and for other purposes. 
SEPTEMBER 13, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed