[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 109 Engrossed in House (EH)]


                In the House of Representatives, U. S.,

                                                         March 9, 1995.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 1(b) of rule XXIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for further consideration 
of the bill (H.R. 956) to establish legal standards and procedures for product 
liability litigation, and for other purposes. No further general debate shall be 
in order. The bill shall be considered for amendment under the five-minute rule. 
In lieu of the amendment recommended by the Committee on the Judiciary, it shall 
be in order to consider as an original bill for the purpose of amendment under 
the five-minute rule an amendment in the nature of a substitute consisting of 
the text of H.R. 1075. That amendment in the nature of a substitute shall be 
considered as read. No amendment to that amendment in the nature of a substitute 
shall be in order except those specified in the report of the Committee on Rules 
accompanying this resolution, provided that the amendments numbered 1 and 12 
printed in that report shall be considered in the forms specified in section 2 
of this resolution. Each amendment may be offered only in the order specified in 
the report, may be offered only by a Member designated in the report, shall be 
considered as read, shall be debatable for the time specified in the report 
equally divided and controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for division of the 
question in the House or in the Committee of the Whole. At the conclusion of 
consideration of the bill for amendment the Committee shall rise and report the 
bill to the House with such amendments as may have been adopted. Any Member may 
demand a separate vote in the House on any amendment adopted in the Committee of 
the Whole to the bill or to the amendment in the nature of a substitute made in 
order as original text. The previous question shall be considered as ordered on 
the bill and amendments thereto to final passage without intervening motion 
except one motion to recommit with or without instructions.
    Sec. 2. (a) The amendment numbered 1 in the report accompanying this 
resolution shall be considered in the following form. Page 7, insert after line 
3 the following:
    ``(c) Notwithstanding any other provision of law, any person, except a 
person excluded from the definition of product seller, engaged in the business 
of renting or leasing a product shall be subject to liability pursuant to 
subsection (a) of this section, but shall not be liable to a claimant for the 
tortious act of another solely by reason of ownership of such product.''.
    (b) The amendment numbered 12 in the report accompanying this resolution 
shall be considered in the following form:
            (1) Page 19 redesignate section 202 as section 203 and after line 19 
        insert the following:

``SEC. 202. LIMITATION ON NONECONOMIC DAMAGES IN HEALTH CARE LIABILITY ACTIONS.

    ``(a) Maximum Award of Noneconomic Damages.--In any health care liability 
action, in addition to actual damages or punitive damages, or both, a claimant 
may also be awarded noneconomic damages, including damages awarded to compensate 
injured feelings, such as pain and suffering and emotional distress. The maximum 
amount of such damages that may be awarded to a claimant shall be $250,000. Such 
maximum amount shall apply regardless of the number of parties against whom the 
action is brought, and regardless of the number of claims or actions brought 
with respect to the health care injury. An award for future noneconomic damages 
shall not be discounted to present value. The jury shall not be informed about 
the limitation on noneconomic damages, but an award for noneconomic damages in 
excess of $250,000 shall be reduced either before the entry of judgment or by 
amendment of the judgement after entry. An award of damages for noneconomic 
losses in exess of $250,000 shall be reduced to $250,000 before accounting for 
any other reduction in damages required by law. If separate awards of damages 
for past and future noneconomic damages are rendered and the combined award 
exceeds $250,000, the award of damages for future noneconomic losses shall be 
reduced first.
    ``(b) Applicability.--Except as provided in section 401, this section shall 
apply to any health care liability action brought in any Federal or State court 
on any theory or pursuant to any alternative dispute resolution process where 
noneconomic damages are sought. This section does not create a cause of action 
for noneconomic damages. This section does not preempt or supersede any State or 
Federal law to the extent that such law would further limit the award of 
noneconomic damages. This section does not preempt any State law enacted before 
the date of the enactment of this Act that places a cap on the total liability 
in a health care liability action.
    ``(c) Definitions.--As used in this section--
            ``(1) The term `claimant' means any person who asserts a health care 
        liability claim or brings a health care liability action, including a 
        person who asserts or claims a right to legal or equitable contribution, 
        indemnity or subrogation, arising out of a health care liability claim 
        or action, and any person on whose behalf such a claim is asserted or 
        such an action is brought, whether deceased, incompetent or a minor.
            ``(2) The term `economic loss' has the same meaning as defined at 
        section 203(3).
            ``(3) The term `health care liability action' means a civil action 
        brought in a State or Federal court or pursuant to any alternative 
        dispute resolution process, against a health care provider, an entity 
        which is obligated to provide or pay for health benefits under any 
        health plan (including any person or entity acting under a contract or 
        arrangement to provide or administer any health benefit), or the 
        manufacturer, distributor, supplier, marketer, promoter, or seller of a 
        medical product, in which the claimant alleges a claim (including third 
        party claims, cross claims, counter claims, or distribution claims) 
        based upon the provision of (or the failure to provide or pay for) 
        health care services or the use of a medical product, regardless of the 
        theory of liability on which the claim is based, or the number of 
        plaintiffs, or defendants or causes of action.''.
            (2) Page 17, line 10, insert ``and other'' after ``punitive''.
            Attest:

                                                                          Clerk.