59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–389 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1927) TO AMEND 

TITLE 28, UNITED STATES CODE, TO IMPROVE FAIRNESS IN CLASS ACTION LITIGATION 

JANUARY 6, 2016.—Referred to the House Calendar and ordered to be printed 

Mr. COLLINS of Georgia, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 581] 

The Committee on Rules, having had under consideration House 

Resolution 581, by a record vote of 8 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1927, the Fairness in Class Action Litigation Act of 2015, under a structured 

rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of 

the Committee on the Judiciary. The resolution waives all points 

of order against consideration of the bill. The resolution makes in 

order as original text for the purpose of amendment an amendment 

in the nature of a substitute consisting of the text of Rules Committee Print 114–38 and provides that it shall be considered as 

read. The resolution waives all points of order against that amendment in the nature of a substitute. The resolution makes in order 

only those further amendments printed in this report. Each such 

amendment may be offered only in the order printed in this report, 

may be offered only by a Member designated in this report, shall 

be considered as read, shall be debatable for the time specified in 

this 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. The resolution waives all points of order 

against the amendments printed in this report. The resolution provides one motion to recommit with or without instructions. 

Section 2 of the resolution provides that a vote on any motion relating to the disposition of the veto message for H.R. 3762 may be 

postponed through the legislative day of January 25, 2016, as 

though under clause 8 of rule XX. 


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EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of the bill, the Committee is not aware of any points of 

order. The waiver of all points of order prophylactic in nature. 

The waiver of all points of order against the amendment in the 

nature of a substitute to H.R. 1927 made in order as original text 

includes a waiver of clause 7 of rule XVI, which requires that no 

motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. However, it 

is important to note that Rules Committee Print 114–38 contains 

the texts of H.R. 1927 and H.R. 526 as reported by the Committee 

on the Judiciary, with conforming changes. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 136 

Motion by Ms. Slaughter to strike section 2 of the resolution. Defeated: 4–8 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... ...................

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 137 

Motion by Mr. McGovern to report an open rule. Defeated: 4–8 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... ...................

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 138 

Motion by Mr. Hastings of Florida to make in order and provide 

the appropriate waivers for amendment #11, offered by Rep. 

Fitzpatrick (PA), which clarifies that a patient harmed by an FDA 

approved medical device is not barred from having his or her claim 

of injury heard by a State court. Defeated: 4–8 


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Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... ...................

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 139 

Motion by Ms. Foxx to report the rule. Adopted: 8–4 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Cole ............................................................ Yea Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Stivers ........................................................ Yea 

Mr. Collins ........................................................ Yea 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... ...................

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Cohen (TN): Makes an exception from the bill’s required 

showings for class certification for claims for monetary relief 

against the perpetrator of a terrorist attack by victims of such attack. (10 minutes) 

2. Cohen (TN): Makes an exception from the bill’s required 

showings for class certification for claims for monetary relief arising from a foreign-made product. (10 minutes) 

3. Conyers (MI): Exception from the bill’s required showings for 

class certification for claims for monetary relief pursuant to Title 

VII of the Civil Rights Act of 1964. (10 minutes) 

4. Deutch (FL): Creates an exception for claims brought by a gun 

owner seeking monetary relief involving the defective design or 

manufacturing of a firearm. (10 minutes) 

5. Moore, Gwen (WI): Exempts causes of action arising under the 

Fair Housing Act or the Equal Credit Opportunity Act from the 

bill’s requirements. (10 minutes) 

6. Moore, Gwen (WI): Exempts causes of action arising from a 

pay equity claim under Title VII of the Civil Rights Act or the 

Equal Pay Act from the requirements of the bill. (10 minutes) 

7. Waters (CA): Creates an exception for claims brought by students, service members and veterans seeking relief from institutions of higher education that have engaged in fraudulent activities 

and unfair practices (10 minutes) 

8. Johnson, Hank (GA): Strikes the ‘‘scope’’ and ‘‘economic loss’’ 

language from the bill. (10 minutes) 

9. Jackson Lee (TX): Provides litigants in a pending class action 

access to information held in a trust that is directly related to a 

plaintiff’s claim for asbestos exposure. (10 minutes) 

10. Nadler (NY): Replaces the bill’s requirement for asbestos 

trusts to disclose detailed personal information with aggregate reVerDate Sep 11 2014 02:09 Jan 07, 2016 Jkt 059008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR389.XXX HR389

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porting of demands received and payments made by the trusts. (10 

minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COHEN OF

TENNESSEE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Line 6 on the first page, strike ‘‘No’’ and insert ‘‘Except as provided in subsection (c), no’’. 

After line 18 on the first page, insert the following: 

(c) EXCEPTION.—Subsection (a) does not apply with respect to a 

claim for monetary relief brought against a perpetrator of a terrorist attack by a victim of the attack. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COHEN OF

TENNESSEE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Line 6 on the first page, strike ‘‘No’’ and insert ‘‘Except as provided in subsection (c), no’’. 

After line 18 on the first page, insert the following: 

(c) EXCEPTION.—Subsection (a) does not apply with respect to a 

claim for monetary relief arising from a foreign-made product. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONYERS, 

JR. OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Line 6 on the first page, strike ‘‘No’’ and insert ‘‘Except as provided in subsection (c), no’’. 

After line 18 on the first page, insert the following: 

(c) EXCEPTION.—Subsection (a) does not apply with respect to a 

claim for monetary relief under title VII of the Civil Rights Act of 

1964 (42 U.S.C. 2000e et seq.). 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEUTCH OF

FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Line 6 on the first page, strike ‘‘No’’ and insert ‘‘Except as provided in subsection (c), no’’. 

After line 18 on the first page, insert the following: 

(c) EXCEPTION.—This section does not apply with respect to a 

claim brought by a gun owner seeking monetary relief involving 

the defective design or manufacturing of a firearm. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE OF

WISCONSIN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Line 6 on the first page, strike ‘‘No’’ and insert ‘‘Except as provided in subsection (c), no’’. 

After line 18 on the first page, insert the following: 

(c) EXCEPTION.—Subsection (a) does not apply with respect to 

causes of action arising under the Fair Housing Act (42 U.S.C. 

3601 et seq.) or the Equal Credit Opportunity Act (15 U.S.C. 1691 

et seq.). 


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6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE OF

WISCONSIN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Line 6 on the first page, strike ‘‘No’’ and insert ‘‘Except as provided in subsection (c), no’’. 

After line 18 on the first page, insert the following: 

(c) EXCEPTION.—Subsection (a) does not apply with respect to any 

cause of action arising from a pay equity claim under Title VII of 

the Civil Rights Act of 1964 (42 U.S.C 2000e et seq.) or that portion 

of the Fair Labor Standards Act (29 U.S.C. 206(d)) known as the 

Equal Pay Act of 1963. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATERS OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

On the first page, line 6, strike ‘‘No’’ and insert ‘‘Except as provided in subsection (c), no’’. 

On the first page, after line 18 insert the following: 

(c) EXCEPTION.—The requirements for a demonstration under 

subsection (a) and the inclusion of a determination relating to that 

requirement under subsection (b) do not apply with respect to a 

claim against— 

(1) any institution or third party servicer that receives or 

services funds under title IV of the Higher Education Act of 

1965 (20 U.S.C. 1070 et seq.); 

(2) any institution that originates, services, or otherwise administers qualified education loans (as defined in section 221 

of the Internal Revenue Code of 1986); or 

(3) any institution providing a course of education approved 

for purposes of chapter 33 of title 38, United States Code. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Line 10 on the first page, strike ‘‘and scope’’. 

Line 8 on the first page, strike ‘‘or economic loss’’. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Beginning on page 2, strike line 5 and all that follows through 

line 2 on page 3, and insert the following: 

‘‘(8)(A) A trust described in paragraph (2) shall, subject to subparagraph (B) and section 107, provide upon written request and 

subject to payment (demanded at the option of the trust) for any 

reasonable cost incurred by the trust to comply with such request, 

to any party that is a defendant in a pending court action relating 

to asbestos exposure, information that is directly related to the 

plaintiff’s claim in that pending action. 

‘‘(B) A defendant requesting information under subparagraph (A) 

shall first disclose to such plaintiff and such trust, subject to an appropriate protective order the median settlement amount paid by 

that defendant for claims settled or paid within 5 years of the date 

of the request, by disease category, for the State in which the 

plaintiff’s action was filed. No personally identifiable information 


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shall be included in any exchange of information under this paragraph.’’. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NADLER

OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Beginning on page 2, strike line 5 and all that follows through 

line 2 on page 3, and insert the following: 

‘‘(8) A trust described in paragraph (2) shall file with the bankruptcy court, not later than 60 days after the end of every quarter, 

a report that shall be made available on the court’s public docket 

and with respect to each such reporting period contains an aggregate list of demands received and an aggregate list of payments 

made.’’. 

Æ 


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