12508 EXTENSIONS OF REMARKS June 4, 1986 EXTENSIONS OF REMARI{S H.R. 4920, TORT ACTION (d) DIVISION INTO SITTlNG PANELS.- <C> Any party who does not make a PROCEDURE REFORM ACT ( 1 > A panel may sit as a single body or in motion under subparagraph <A> shall be smaller units of at least 3 members. deemed to waive the right of such party to a <2> Each sittL'lg panel shall include the jury trial. HON.THOMASE.PETm following individuals: <D> A decision by the chairperson under OF WISCONSIN <A> One individual with expertise in an ac­ subparagraph <B> to transfer a claim may IN THE HOUSE OF REPRESEJITATIVES tivity giving rise to the action before the sit­ be reviewed at any time by the court to ting panel. which the claim is transferred. Wednesday, June 4, 1986 (i) If the action before the sitting panel <E> A decision by the chairperson under Mr. PETRI. Mr. Speaker, for the conven­ primarily involves a product liability claim, subparagraph <B> not to transfer a claim ience of my colleagues and the pub!ic, I re­ such expertise shall be derived from the in­ may be appealed to the court, and notwith­ spectfully request that a copy of H. A. 4920 be dividual's training and expertise in the man­ standing the time limit established in sec­ ufacturing industry. tion 106(b), the proceedings of the panel made a part of the RECORD. I urge my col­ <ii) If the action before the sitting panel v.'ith respect to such claim shall be stayed leagues to join the gentleman from New York primarily involves a medical malpractice during the course of any such appeal. [Mr. MRAZEK], the gentleman from Vermont claim, such expertise shall be derived from (2) DISCRETIONARY.- [Mr. JEFFORDS], and myself in supporting this the fndivic!uars training and experience as a (A) At any time before assigning panel legislation. health care provider. members to hear a claim or at such later H.R. 4920 <iii> If the action before the sitting panel time as justice so requires. the chairperson primarily involves a tort claim against a gov­ of the panel may, upon the motion of any A bill to establish arbitration panels in the party or the motion of the chairperson, district courts of the United States for ernmental body, such expertise shall be de­ rived from the individual's training and ex­ transfer the claim to the court for trial de product liability actions, medical malprac­ novo or dismiss the claim for lack of Federal tice actions, tort actions against govern­ perience as a government offlcial. <B> One individual admitted to practice court jurisdiction. mental bodies, and other civil actions for <B> A decision by the chairperson under damages for personal injuries, to a.c;sist law in the State in which the p~ nel sits. <C> One !a~"Person who represents con­ subpargraph <A> to transfer a claim may be Stat.es in the establishment of such panels reviewed at any time by the court to wb.kh in State courts, and for other purposes sumers. <3> A sitting panel may include, in addi­ the clai:::n was transferred. Be it enacted by the Senate and House of tion to the individuals described in para­ (C) A decision by the chairperson under Reprc.sentative.Y of the United Stc..tes of graph c:n. ~uch other panel members as the subparagraph <A> to c!lsmiss a claim for lack America in Conr,•ress a.sser.t.bicd, chairperson may c!eterrrJne. of jurisdiction may be appealed to the comt. Sf:CTION 1. SHOlitT l 'iTLK <4> The chairpe~on may appoint a chief <DJ A c!ecision by the chairperson under This Act r.1a.y be cited P..s the "Tort Action par.ellst for each sitting panel on which the subparagraph <A> not to transfer or dismiss Procedure Reform Act". chairperson does not serve. a claim Is not a final order for purposes of appeal. TITLE 1-F.STABLISHM:ENT OF SEC. 111:1. Jo'II.JN(; CLA:MS ANU ANSW}:as 'WITH A FEDERAL .illBITRATION PANELS PANf;J~ (b) ADDITIONAL PARTIES.-On the motion of c>.ny party or the motion of the panel, the Sf.C. ~01. m:Nf:RAJ. RULE. (a) CLAIMS.- panel may bring in a.<; addit!cnal parties any ( 1) A court shall require that a claim (a) ESTABLISHMENT OF PA.K£L~.-Eli.ch c!is­ person necessary for a just resolution of the trict court of the United States shall estab­ brought in the court for personal injuries claim before the panel. In ruling on such lish within the court an ubitrn.tlon panel other than a claim brought as a class action motlon, the panel shall consider whether which shall initially hear. in accordance shall be filed with the panel established by each additional party shall have an opportu­ with this title, civil actions for personal the coart. nity to receive a full and fair hearing on the injury damages which are brought in such <2> The court may require a claim for per­ sonal injuries brought as a class action to be claim. court including- (C) HEARINGS.-A panel may hold such <1) prcduct liability actions: filed with the panel upon the motion of any hearings, sit and act at such times and <2> medical malpractice actions: and party c.r the motion of the court at any places, take such testimony, and receive <3) tort actions a.gair.st the United States, time, including, when the cla.c;s action ele­ such evidence, a.'> it considers apprcpriatc. any State, or ar.y political subdivision of a ments of a claim are dismissed. The panel shall keep a full record of the Sta~. (3) The court shall require that a copy of panel proceedings. Cb) RULES AND PROCEDURES.-Each COUrt a claim filed unc!er para~ra..r.h (1) or <2> and <d> OATHs.-A panel may administer oaths shall prescribe such rules and procedures as any documents ncco:npanyL'1~ such claim be or afflrmR.tions to w!tnc.c;ses appearing the court finds necessary to carry out this served on each defendant. before it. title. <4 > The filing of a claim under paragraph (e) SUBPOENA POWER.- <1> or <2) shall be treated as the filing of a SEC. 102. ~IF..}tlU:RSiiiP. (1) IN GENERAL.-A panel may issue subpoe­ <a> APPoiNTMENT.-A panel shall be com­ complaint with the court for purposes of nas requiring the attendance and testimony posed of at least 3 members who shall be ap­ tolling any applicable statute of limitation. of witne.c;ses and the production of any evi­ pointed by the court and shall sen·e at the <b> ANswERs.-Each court shall require dence relevant to the claim before It. Such pleasure of the court. The court shall speci­ that defendants answer claims filed under attendance of witnes.'ics and the production fy the method of selection of panel mem­ paragraphs <1> and <2> of subsection <a> in a of such evidence may be required from any bers in a manner that assures that the panel timely fashion. place within a radius of 100 miles from will afford n full ar.d fair hearing to all par­ SEC. 104 POWERS. where the panel sits. ties to any claim brought before the panel. (a) TRANSFER .,ND DISMISSAL.­ (2) REFUSAL TO OBEY.-If a person WhO has <b> CnAI.RPERSON.-The court shall select a (1) MANDATORY.- been issued a subpoena under paragraph <1> chairperson for the panel from individuals (A) Any party to a claim which is filed refuses to obey such subpoena or is guilty of who are retired Federal or State judges. The with a panel may, in the party's first re­ contumacy, the court which appointed the chairperson shall assign members of the sponsive pleading, move for a jury trial on panel or the district court for the judicial panel to hear each claim. Panel members such claim. district within which such person is found may be assigned to hear one or more claims <B> Upon such motion the chairperson or resides or tansacts business may <upon at the same time. shall transfer such claim, or any severable application by the panel) order such person (c) PAY.-Panel members shall be paid on portion of such claim, to the court for a to appear before the panel to produce evi­ a per dJem basis for each day substantially trial de novo by jury if the chairperson dence or to give testimony relating to the devoted to panel business with the amount finds that such action is required by the 7th matter under investigation. Any failure to of such payment to be determined by the Amendment to the United States Constitu­ obey such order of the court may be pun­ court. tion. ished by such court as a contempt thereof. e This "bullet" symbol identifies statements or insertions which ill'e not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. June 4, 1986 EXTENSIONS OF REMARKS 12509 (3) MANNER OF SERVICE.-The subpoenas of <3> In any court proceeding to enforce an SEC. lOR. JllDICIAL REVIEW. a panel shall be served in the manner pro­ order to pay an award, the only issue shall (a) RIGHT TO APPEAL.- vided for subpoenas issued by a United be whether payment has been made accord­ ( 1 > A court shall allow any party to a States district court under the Federal ing to the terms of the order.