trial court shall determine which State and county (or 
Federal 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 limi-
tations 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 per-
son’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 de-
rivative action brought on behalf of any person 
on whose injury or risk of injury the action is 
based by any representative party, including a 
spouse, parent, child, or other relative of such 
person, a guardian, or an estate; 
(B) does not include a claim brought as a 
class action; and 
VerDate Aug 31 2005 
01:39 Feb 17, 2007
Jkt 059200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H1012.IH
H1012
hmoore on PROD1PC68 with HMBILLS
(C) does not include a claim against a 
debtor in a case pending under title 11 of the 
United States Code that is a personal injury 
tort or wrongful death claim within the mean-
ing of section 157(b)(5) of title 28, United 
States Code. 
(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 
Columbia, 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. 404. RULE OF CONSTRUCTION. 
Nothing in section 402 or in the amendments made 
by section 401 shall be construed to bar or impede the 
assertion or development of new claims or remedies under 
Federal, State, or local civil rights law. 
VerDate Aug 31 2005 
01:39 Feb 17, 2007
Jkt 059200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H1012.IH
H1012
hmoore on PROD1PC68 with HMBILLS
SEC. 405. 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 
violated that rule in that Federal district court during that 
attorney’s career. If the court determines that the number 
is three or more, the Federal district court— 
(1) shall suspend that attorney from the prac-
tice of law in that Federal district court for one 
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 involved 
must first petition the court for reinstatement under such 
procedures and conditions as the court may prescribe. 
VerDate Aug 31 2005 
01:39 Feb 17, 2007
Jkt 059200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H1012.IH
H1012
hmoore on PROD1PC68 with HMBILLS
SEC. 406. 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 three consecutive occasions, and the 
claim or defense, respectively, involves the same plaintiff 
and the same defendant on each occasion, 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. 407. ENHANCED SANCTIONS FOR DOCUMENT DE-
STRUCTION IN PENDING FEDERAL COURT 
PROCEEDINGS. 
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; 
VerDate Aug 31 2005 
01:39 Feb 17, 2007
Jkt 059200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H1012.IH
H1012
hmoore on PROD1PC68 with HMBILLS