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violated 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 prac-
tice of law in that Federal district court for 1 year; 
and 
(2) may suspend that attorney from the prac-
tice of law in that Federal district court for any ad-
ditional 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 prac-
tice of law in a Federal district court after completion of 
a suspension under subsection (a), the attorney must first 
petition the court for reinstatement under such procedures 
and conditions as the court may prescribe. 
SEC. 7. PRESUMPTION OF RULE 11 VIOLATION FOR RE-
PEATEDLY RELITIGATING SAME ISSUE. 
Whenever a party presents to a Federal court a 
pleading, written motion, or other paper, that includes a 
claim or defense that the party has already litigated and 
lost on the merits in any forum in final decisions not sub-
ject to appeal on 3 consecutive occasions, and the claim 
or defense involves the same plaintiff and the same de-
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fendant, there shall be a rebuttable presumption that the 
presentation of such paper is in violation of Rule 11 of 
the Federal Rules of Civil Procedure. 
SEC. 8. ENHANCED SANCTIONS FOR DOCUMENT DESTRUC-
TION IN PENDING FEDERAL COURT PRO-
CEEDINGS. 
Whoever willfully and intentionally influences, ob-
structs, or impedes, or attempts to influence, or obstruct, 
or impede, a pending Federal court proceeding through 
the willful and intentional destruction of documents 
sought pursuant to the rules of such Federal court pro-
ceeding and highly relevant to that proceeding— 
(1) shall be punished with mandatory civil sanc-
tions of a degree commensurate with the civil sanc-
tions available under Rule 11 of the Federal Rules 
of Civil Procedure, in addition to any other civil 
sanctions that otherwise apply; and 
(2) shall be held in contempt of court and, if 
an attorney, referred to one or more appropriate 
State bar associations for disciplinary proceedings. 
SEC. 9. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT. 
(a) IN GENERAL.—In any Rule 11 of the Federal 
Rules of Civil Procedure proceeding, a court may not order 
that a court record not be disclosed unless the court makes 
a finding of fact that identifies the interest that justifies
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the order and determines that that interest outweighs any 
interest in the public health and safety that the court de-
termines would be served by disclosing the court record. 
(b) APPLICABILITY.—This section applies to any 
record formally filed with the court, but shall not include 
any records subject to— 
(1) the attorney-client privilege or any other 
privilege recognized under Federal or State law that 
grants the right to prevent disclosure of certain in-
formation unless the privilege has been waived; or 
(2) applicable State or Federal laws that pro-
tect the confidentiality of crime victims, including 
victims of sexual abuse. 
Passed the House of Representatives October 27, 
2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.