dence willful misconduct by each covered person 
sued. 
(6) THREE-JUDGE COURT.—Any action under 
subsection (b) shall be assigned initially to a panel 
of three judges. Such panel shall have jurisdiction 
over such action for purposes of considering motions 
to dismiss, motions for summary judgment, and 
matters related thereto. If such panel has denied 
such motions, or if the time for filing such motions 
has expired, such panel shall refer the action to the 
chief judge for assignment for further proceedings, 
including any trial. Section 1253 of title 28, United 
States Code, and paragraph (3) of subsection (b) of 
section 2284 of title 28, United States Code, shall 
not apply to actions under subsection (b). 
(7) CIVIL DISCOVERY.—In an action under sub-
section (b), no discovery shall be allowed— 
(A) before each covered person sued has 
had a reasonable opportunity to file a motion to 
dismiss; 
(B) in the event such a motion is filed, be-
fore the court has ruled on such motion; and 
(C) in the event a covered person files an 
interlocutory appeal from the denial of such a 
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
motion, before the Court of Appeals has ruled 
on such appeal. 
(d) STANDARD.—Notwithstanding any other provi-
sion of law, the court in an action under subsection (b) 
shall permit discovery only with respect to matters directly 
related to material issues contested in such action, and 
the court shall compel a response to a discovery request 
(including a request for admission, an interrogatory, a re-
quest for production of documents, or any other form of 
discovery request) under rule 37, Federal Rules of Civil 
Procedure, only if the court finds that the requesting party 
needs the information sought to prove or defend as to a 
material issue contested in such action and that the likely 
benefits of a response to such request equal or exceed the 
burden or cost for the responding party of providing such 
response. 
(e) REDUCTION IN AWARD OF DAMAGES FOR COL-
LATERAL SOURCE BENEFITS.— 
(1) IN
GENERAL.—In an action under sub-
section (b), the amount of an award of damages that 
would otherwise be made to a plaintiff shall be re-
duced by the amount of collateral source benefits to 
such plaintiff. 
(2) NONECONOMIC
DAMAGES.—In an action 
under subsection (b), any noneconomic damages may 
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
be awarded only in an amount directly proportional 
to the percentage of responsibility of a defendant for 
the harm to the plaintiff. For purposes of this para-
graph, the term ‘‘noneconomic damages’’ means 
damages for losses for physical and emotional pain, 
suffering, inconvenience, physical impairment, men-
tal anguish, disfigurement, loss of enjoyment of life, 
loss of society and companionship, loss of consor-
tium, hedonic damages, injury to reputation, and 
any other nonpecuniary losses. 
(f) RULE 11 SANCTIONS.—Whenever a district court 
of the United States determines that there has been a vio-
lation of rule 11 of the Federal Rules of Civil Procedure 
in an action under subsection (b), the court shall impose 
upon the attorney, law firm, or parties that have violated 
rule 11 or are responsible for the violation, an appropriate 
sanction, which may include an order to pay the other 
party or parties for 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. Such sanction shall be suffi-
cient to deter repetition of such conduct or comparable 
conduct by others similarly situated, and to compensate 
the party or parties injured by such conduct. 
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
(g) INTERLOCUTORY APPEAL.—The United States 
Court of Appeals for the District of Columbia Circuit shall 
have jurisdiction of an interlocutory appeal by a covered 
person taken within 30 days of an order denying a motion 
to dismiss or a motion for summary judgment based on 
an assertion of the immunity from suit conferred by sub-
section (a) or based on an assertion of the exclusion under 
subsection (h)(1). 
(h) EXCLUSION FOR REGULATED ACTIVITY OF MAN-
UFACTURER OR DISTRIBUTOR.— 
(1) IN GENERAL.—If an act or omission by a 
manufacturer or distributor with respect to a cov-
ered countermeasure, which act or omission is al-
leged under subsection (b)(1) to constitute willful 
misconduct, is subject to regulation by the Clean Air 
Act, such act or omission shall not constitute ‘‘will-
ful misconduct’’ for purposes of subsection (b) if— 
(A) neither the Administrator of the Envi-
ronmental Protection Agency nor the Attorney 
General has initiated an enforcement action 
with respect to such act or omission; or 
(B) such an enforcement action has been 
initiated and the action has been terminated or 
finally resolved without a covered remedy. 
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
Any action or proceeding under subsection (b) shall 
be stayed during the pendency of such an enforce-
ment action. 
(i) ACTIONS
BY
AND
AGAINST
THE
UNITED 
STATES.—Nothing in this section shall be construed to ab-
rogate or limit any right, remedy, or authority that the 
United States or any agency thereof may possess under 
any other provision of law or to waive sovereign immunity 
or to abrogate or limit any defense or protection available 
to the United States or its agencies, instrumentalities, of-
ficers, or employees under any other law, including any 
provision of chapter 171 of title 28, United States Code 
(relating to tort claims procedure). 
(j) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means an entity engaged in the manufacture, 
sale or distribution of fuel or products which use re-
newable fuel, as defined by section 211(o)(1) of the 
Clean Air Act. 
(2) ENFORCEMENT
ACTION.—The term ‘‘en-
forcement action’’ means a criminal prosecution, an 
action seeking an injunction, a seizure action, a civil 
monetary proceeding based on willful misconduct, a 
mandatory recall of a product because voluntary re-
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS