59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–428 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3624) 

TO AMEND TITLE 28, UNITED STATES CODE, TO PREVENT FRAUDULENT JOINDER 

FEBRUARY 23, 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. 618] 

The Committee on Rules, having had under consideration House 

Resolution 618, by a record vote of 7 to 3, 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. 3624, the 

Fraudulent Joinder Prevention 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 the amendment in the nature of a substitute recommended by the Committee 

on the Judiciary now printed in the bill 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. 


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EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

includes a waiver of clause 3(e)(1) of rule XIII (‘‘Ramseyer’’), requiring a committee report accompanying a bill amending or repealing 

statutes to show, by typographical device, parts of statute affected. 

The waiver is provided because the submission provided by the 

Committee on the Judiciary was insufficient to meet the standards 

established by the rule in its current form. The Committee on 

Rules continues to work with the House Office of Legislative Counsel and committees to determine the steps necessary to comply 

with the updated rule. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute made in order as original 

text, the Committee is not aware of any points of order. The waiver 

of all points of order prophylactic in nature. 

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 of all points of order 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. 146 

Motion by Ms. Slaughter to report an open rule. Defeated: 3–6 

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 ................................... ...................

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

Mr. Stivers ........................................................ ...................

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

Mr. Byrne .......................................................... ...................

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

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

Rules Committee record vote No. 147 

Motion by Mr. Cole to report the rule. Adopted: 7–3 

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 ................................... ...................

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

Mr. Stivers ........................................................ ...................

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

Mr. Byrne .......................................................... ...................

Mr. Newhouse ................................................... Yea 

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


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SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Buck (CO): MANAGER’S Makes technical changes to the bill; 

striking references to multiple defendants and replacing them with 

references to single defendants. (10 minutes) 

2. Cartwright (PA): Creates a separate exception for plaintiffs 

seeking compensation resulting from the bad faith of an insurer. 

(10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BUCK OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 1, strike ‘‘the defendant or defendants’’ and insert ‘‘a 

defendant’’. 

Page 4, line 5, after ‘‘facts’’ insert ‘‘with respect to that defendant’’. 

Page 4 beginning in line 9 and ending in line 10, strike ‘‘each defendant described in paragraph (1)(B)’’ and insert ‘‘that defendant’’. 

Page 4, beginning in line 12 and ending in line 13, strike ‘‘all defendants described in paragraph (1)(B)’’ and insert ‘‘that defendant’’. 

Page 4, beginning in line 16 and ending in line 17, strike ‘‘all defendants described in paragraph (1)(B)’’ and insert ‘‘that defendant’’. 

Page 4, line 17, after ‘‘joint judgment’’ insert ‘‘including that defendant’’. 

Page 4, line 23, strike ‘‘fraudulent joinder’’ and insert ‘‘that all 

defendants described in paragraph (1)(B) have been fraudulently 

joined’’. 

Page 4, beginning in line 25 and ending in line 1 of page 5 strike 

‘‘the defendant or defendants found to have been fraudulently 

joined’’ and insert ‘‘those defendants’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARTWRIGHT OF PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 5, line 2, strike the close quotation mark and the period 

which follows. 

Page 5, after line 2, insert the following: 

‘‘(5) This subsection shall not apply to a case in which the 

plaintiff seeks compensation resulting from the bad faith of an 

insurer.’’. 

Æ 


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