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[House Report 114-428]
[From the U.S. Government Publishing Office]

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.

                         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
----------------------------------------------------------------------------------------------------------------

                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.''.

                                  [all]
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