datamatters24/research-document-archive huggingface dataset:
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fraudulent Joinder 
Prevention Act of 2016’’. 
SEC. 2. PREVENTION OF FRAUDULENT JOINDER. 
Section 1447 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(f) FRAUDULENT JOINDER.— 
‘‘(1) This subsection shall apply to any case in 
which— 
‘‘(A) a civil action is removed solely on the 
basis of the jurisdiction conferred by section 
1332(a); 
‘‘(B) a motion to remand is made on the 
ground that— 
‘‘(i) one or more defendants are citi-
zens of the same State as one or more 
plaintiffs; or 
‘‘(ii) one or more defendants properly 
joined and served are citizens of the State 
in which the action was brought; and 
‘‘(C) the motion is opposed on the ground 
that the joinder of the defendant or defendants 
described in subparagraph (B) is fraudulent. 
‘‘(2) The joinder of a defendant described in 
paragraph (1)(B) is fraudulent if the court finds 
that—
‘‘(A) there is actual fraud in the pleading 
of jurisdictional facts with respect to that de-
fendant; 
‘‘(B) based on the complaint and the mate-
rials submitted under paragraph (3), it is not 
plausible to conclude that applicable State law 
would impose liability on that defendant; 
‘‘(C) State or Federal law clearly bars all 
claims in the complaint against that defendant; 
or 
‘‘(D) 
objective 
evidence 
clearly 
dem-
onstrates that there is no good faith intention 
to prosecute the action against that defendant 
or to seek a joint judgment including that de-
fendant. 
‘‘(3) In determining whether to grant or deny 
a motion under paragraph (1)(B), the court may 
permit the pleadings to be amended, and shall con-
sider the pleadings, affidavits, and other evidence 
submitted by the parties. 
‘‘(4) If the court finds that all defendants de-
scribed in paragraph (1)(B) have been fraudulently 
joined under paragraph (2), it shall dismiss without 
prejudice the claims against those defendants and
shall deny the motion described in paragraph 
(1)(B).’’. 
Passed the House of Representatives February 25, 
2016. 
Attest: 
Clerk.
114TH CONGRESS 
2D SESSION 
H. R. 3624 
AN ACT 
To amend title 28, United States Code, to prevent 
fraudulent joinder.
I 
114TH CONGRESS 
1ST SESSION H. R. 3624 
To amend title 28, United States Code, to prevent fraudulent joinder. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2015 
Mr. BUCK introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To amend title 28, United States Code, to prevent fraudulent 
joinder. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fraudulent Joinder 
Prevention Act of 2015’’. 
SEC. 2. PREVENTION OF FRAUDULENT JOINDER. 
Section 1447(c) of title 28, United States Code, is 
amended by adding at the end the following: ‘‘A motion 
for remand, and any opposition thereto, may include affi-
davit or other evidence showing a plausible claim for relief 
against each nondiverse defendant, or the lack thereof, or 
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indicating a good faith intention to prosecute the action 
against each nondiverse defendant or to seek a joint judg-
ment, or the lack of such a good faith intent. The district 
court shall deny a motion to remand if it finds that the 
complaint does not state a plausible claim for relief 
against a nondiverse defendant under applicable State law 
or there is no good faith intention to prosecute the action 
against a nondiverse defendant or to seek a joint judg-
ment.’’. 
Æ 
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IIB 
114TH CONGRESS 
2D SESSION 
H. R. 3624 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 29, 2016 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend title 28, United States Code, to prevent fraudulent 
joinder. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 3624 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fraudulent Joinder 
Prevention Act of 2016’’. 
SEC. 2. PREVENTION OF FRAUDULENT JOINDER. 
Section 1447 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(f) FRAUDULENT JOINDER.— 
‘‘(1) This subsection shall apply to any case in 
which— 
‘‘(A) a civil action is removed solely on the 
basis of the jurisdiction conferred by section 
1332(a); 
‘‘(B) a motion to remand is made on the 
ground that— 
‘‘(i) one or more defendants are citi-
zens of the same State as one or more 
plaintiffs; or 
‘‘(ii) one or more defendants properly 
joined and served are citizens of the State 
in which the action was brought; and 
‘‘(C) the motion is opposed on the ground 
that the joinder of the defendant or defendants 
described in subparagraph (B) is fraudulent. 
‘‘(2) The joinder of a defendant described in 
paragraph (1)(B) is fraudulent if the court finds 
that— 
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‘‘(A) there is actual fraud in the pleading 
of jurisdictional facts with respect to that de-
fendant; 
‘‘(B) based on the complaint and the mate-
rials submitted under paragraph (3), it is not 
plausible to conclude that applicable State law 
would impose liability on that defendant; 
‘‘(C) State or Federal law clearly bars all 
claims in the complaint against that defendant; 
or 
‘‘(D) 
objective 
evidence 
clearly 
dem-
onstrates that there is no good faith intention 
to prosecute the action against that defendant 
or to seek a joint judgment including that de-
fendant. 
‘‘(3) In determining whether to grant or deny 
a motion under paragraph (1)(B), the court may 
permit the pleadings to be amended, and shall con-
sider the pleadings, affidavits, and other evidence 
submitted by the parties. 
‘‘(4) If the court finds that all defendants de-
scribed in paragraph (1)(B) have been fraudulently 
joined under paragraph (2), it shall dismiss without 
prejudice the claims against those defendants and 
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shall deny the motion described in paragraph 
(1)(B).’’. 
Passed the House of Representatives February 25, 
2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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‘‘(B) the modified charitable contribution 
deduction for the taxable year. 
‘‘(2) MODIFIED
CHARITABLE
CONTRIBUTION 
DEDUCTION.—For purposes of paragraph (1)— 
‘‘(A) IN
GENERAL.—The modified chari-
table contribution deduction for any taxable 
year is an amount equal to the amount which 
bears the same ratio to the deduction allowable 
under section 170 (section 642(c) in the case of 
a trust or estate) for such taxable year as— 
‘‘(i) the amount of itemized deduc-
tions allowable under the regular tax (as 
defined in section 55) for such taxable 
year, determined after the application of 
section 68, bears to 
‘‘(ii) such amount, determined before 
the application of section 68. 
‘‘(B) TAXPAYER
MUST
ITEMIZE.—In the 
case of any individual who does not elect to 
itemize deductions for the taxable year, the 
modified charitable contribution deduction shall 
be zero. 
‘‘(c) HIGH-INCOME TAXPAYER.—For purposes of this 
section— 
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programs leading to academic and technical skill com-
petencies needed to work in a technologically advanced so-
ciety.’’.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of the Act is amended—
(1) 
in 
subsection 
(a) 
by 
striking
‘‘$1,600,000,000’’ and all that follows and inserting
‘‘$1,300,000,000, for fiscal year 1998 and such
sums as may be necessary for each of the 4 succeed-
ing fiscal years to carry out the provisions of titles
I and II.’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) TITLE I.—Of the amounts made available under
subsection (a)—
‘‘(1) 1.5 percent shall be reserved to carry out
section 103, relating to Indian and Native Hawai-
ians programs; and
‘‘(2) 0.2 percent shall be reserved to carry out
section 101A, relating to the territories.’’; and
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) NATIONAL PROGRAMS.—None of the funds
made available under this section for programs authorized
‘‘(i) DISBURSAL.—Any gift, devise, or
bequest made for the benefit of a particular
national wildlife refuge or complex of geo-
graphically related refuges shall be dis-
bursed only for the benefit of that refuge or
complex of refuges and without further ap-
propriations.
‘‘(ii) MATCHING.—Subject to the avail-
ability of appropriations and the require-
ments of the National Wildlife Refuge Ad-
ministration Act of 1966 (16 U.S.C. 668dd
et seq.) and other applicable law, the Sec-
retary may provide funds to match gifts,
devises, and bequests made for the benefit of
a particular national wildlife refuge or
complex of geographically related refuges.
With respect to each gift, devise, or bequest,
the amount of Federal funds may not exceed
the amount (or, in the case of property or
in-kind services, the fair market value) of
the gift, devise, or bequest.’’.
SEC. 4. VOLUNTEER ENHANCEMENT.
(a) PILOT PROJECTS.—
(1) IN GENERAL.—Subject to the availability of
appropriations, the Secretary of the Interior shall
IIA
105TH CONGRESS
1ST SESSION
H. R. 1853
IN THE SENATE OF THE UNITED STATES
JULY 23, 1997
Received; read twice and referred to the Committee on Labor and Human
Resources
AN ACT
To amend the Carl D. Perkins Vocational and Applied
Technology Education Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Carl D. Perkins Voca-
tional-Technical Education Act Amendments of 1997’’.
SEC. 2. REFERENCES TO ACT.
(a) SHORT TITLE OF ACT.—Section 1(a) of the Act
is amended by striking ‘‘(a) SHORT TITLE.—’’ and further
by striking ‘‘Vocational and Applied Technology’’ and in-
serting ‘‘Vocational-Technical’’.
(b) REFERENCES TO ACT.—Except as otherwise ex-
pressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a title, chapter, part, subpart, section, subsection, or
other provision, the reference shall be considered to be
made to a title, chapter, part, subpart, section, subsection,
or other provision of the Carl D. Perkins Vocational-Tech-
nology Education Act as amended in subsection (a).
SEC. 3. TABLE OF CONTENTS.
Section 1(b) is repealed.
SEC. 4. PURPOSE.
Section 2 of the Act is amended to read as follows:
‘‘SEC. 2. PURPOSE.
‘‘It is the purpose of this Act to develop more fully
the academic, occupational, and technical skills of individ-
uals participating in vocational-technical education pro-
grams. This purpose will be achieved through concentrat-
ing resources on improving vocational-technical education
108TH CONGRESS 
2D SESSION 
H. R. 4766
AN ACT 
Making appropriations for Agriculture, Rural De-
velopment, Food and Drug Administration, and 
Related Agencies for the fiscal year ending Sep-
tember 30, 2005, and for other purposes.
I 
114TH CONGRESS 
1ST SESSION H. R. 3626 
To prohibit funding for the Environmental Protection Agency to be used 
to implement or enforce a cap-and-trade program for greenhouse gases, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2015 
Mr. POE of Texas (for himself, Mr. DUNCAN of South Carolina, Mr. JONES, 
Mr. WESTMORELAND, Mr. CRAMER, Mr. OLSON, Mr. BROOKS of Ala-
bama, Mr. SENSENBRENNER, Mrs. BLACK, Mr. GOHMERT, and Mr. 
LATTA) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To prohibit funding for the Environmental Protection Agency 
to be used to implement or enforce a cap-and-trade pro-
gram for greenhouse gases, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Affordable 
Energy Act’’. 
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(D) in subsection (f)(1) in the matter pre-
ceding subparagraph (A) by striking ‘‘October 
29, 2015’’ and inserting ‘‘November 20, 2015’’. 
SEC. 1002. ADMINISTRATIVE EXPENSES. 
Section 1002 of the Highway and Transportation 
Funding Act of 2014 (128 Stat. 1842) is amended— 
(1) by striking subsection (a)(2) and inserting 
the following: 
‘‘(2) $61,311,475 for the period beginning on 
October 1, 2015, and ending on November 20, 
2015.’’; and 
(2) in subsection (b)(2) by striking ‘‘and for the 
period beginning on October 1, 2015, and ending on 
October 29, 2015, subject to the limitations on ad-
ministrative expenses under the heading ‘Federal 
Highway Administration’ ’’ and inserting ‘‘and for 
the period beginning on October 1, 2015, and ending 
on November 20, 2015, subject to the limitations on 
administrative expenses for the Federal Highway 
Administration and Appalachian Regional Commis-
sion’’. 
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SEC. 2. PROHIBITION OF FUNDING FOR CAP-AND-TRADE 
PROGRAM, AND OTHER REQUIREMENTS, FOR 
GREENHOUSE GASES. 
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law, no funds appropriated or otherwise available 
for the Administrator of the Environmental Protection 
Agency may be used to implement or enforce— 
(1) a cap-and-trade program; or 
(2) any statutory or regulatory requirement 
pertaining to emissions of one or more greenhouse 
gases from stationary sources that is issued or be-
comes applicable or effective after the date of enact-
ment of this Act, including— 
(A) any such requirement under section 
111 of the Clean Air Act (42 U.S.C. 7411) or 
part C of title I of such Act (42 U.S.C. 7470 
et seq.), including the final rule entitled ‘‘Car-
bon Pollution Emission Guidelines for Existing 
Stationary Sources: Electric Utility Generating 
Units’’ signed by the Administrator of the En-
vironmental Protection Agency on August 3, 
2015, and any requirement for a State to adopt 
or submit a plan, or for a State or entity within 
a State to become subject to a Federal plan, 
pursuant to such final rule; and 
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(B) any such permitting requirement 
under the Clean Air Act (42 U.S.C. 7401 et 
seq.). 
(b) DEFINITIONS.—In this Act: 
(1) The term ‘‘cap-and-trade program’’ means 
any regulatory program established after the date of 
enactment of this Act that provides for the sale, auc-
tion, or other distribution of a limited amount of al-
lowances that permit the emission of one or more 
greenhouse gases. 
(2) The term ‘‘greenhouse gas’’ includes, with 
respect to a cap-and-trade program under subsection 
(a)(1) or a requirement under subsection (a)(2), any 
of the following: 
(A) Carbon dioxide. 
(B) Methane. 
(C) Nitrous oxide. 
(D) Sulfur hexafluoride. 
(E) Hydrofluorocarbons. 
(F) Perfluorocarbons. 
(G) Any other anthropogenic gas des-
ignated as a greenhouse gas for purposes of 
such cap-and-trade program or such require-
ment. 
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(3) The term ‘‘stationary source’’ has the 
meaning given such term in section 111(a)(3) of the 
Clean Air Act (42 U.S.C. 7411(a)(3)). 
Æ 
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I 
114TH CONGRESS 
1ST SESSION H. R. 3627 
To amend the Trade Act of 1974 to exclude from eligibility for the generalized 
system of preferences any country that fails to effectively enforce its 
environmental laws or meet its international environmental obligations, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2015 
Mr. DOGGETT (for himself, Mr. LEVIN, Mr. RANGEL, Mr. MCDERMOTT, Mr. 
LEWIS, Mr. NEAL, Mr. BECERRA, Mr. THOMPSON of California, Mr. 
LARSON of Connecticut, Mr. BLUMENAUER, Mr. KIND, Mr. PASCRELL, 
Mr. CROWLEY, Mr. DANNY K. DAVIS of Illinois, Ms. LINDA T. SA´NCHEZ 
of California, and Ms. BASS) introduced the following bill; which was re-
ferred to the Committee on Ways and Means 
A BILL 
To amend the Trade Act of 1974 to exclude from eligibility 
for the generalized system of preferences any country 
that fails to effectively enforce its environmental laws 
or meet its international environmental obligations, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Earth Act’’. 
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SEC. 2. COMPLIANCE WITH ENVIRONMENTAL LAWS AND 
REGULATIONS. 
Section 502(b)(2) of the Trade Act of 1974 (19 
U.S.C. 2462(b)(2)) is amended— 
(1) by inserting after subparagraph (H) the fol-
lowing new subparagraph: 
‘‘(I) Such country fails to effectively en-
force its environmental laws, regulations, or 
other measures, or to fulfill its international en-
vironmental obligations, including as such obli-
gations relate to public health.’’; and 
(2) in the matter following subparagraph (I) 
(as added by paragraph (1))— 
(A) by striking ‘‘and (H)’’ and inserting 
‘‘(H)’’; and 
(B) by striking ‘‘shall not prevent’’ and in-
serting ‘‘, and (I) shall not prevent’’. 
Æ 
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I 
114TH CONGRESS 
1ST SESSION H. R. 3628 
Making continuing appropriations for military pay in the event of a 
Government shutdown. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2015 
Mr. COFFMAN (for himself, Ms. STEFANIK, and Mr. GOHMERT) introduced the 
following bill; which was referred to the Committee on Appropriations 
A BILL 
Making continuing appropriations for military pay in the 
event of a Government shutdown. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pay Our Military Act’’. 
SEC. 2. CONTINUING APPROPRIATIONS FOR MEMBERS OF 
THE ARMED FORCES. 
(a) IN GENERAL.—For each of fiscal years 2016 and 
2017, there are hereby appropriated, out of any money 
in the Treasury not otherwise appropriated, for any period 
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‘‘(2) AMOUNT OF TAX.—The amount of tax de-
termined under this paragraph is an amount equal 
to the excess (if any) of— 
‘‘(A) the tentative fair share tax for the 
taxable year, over 
‘‘(B) the excess of— 
‘‘(i) the sum of— 
‘‘(I) the regular tax liability (as 
defined in section 26(b)) for the tax-
able year, determined without regard 
to any tax liability determined under 
this section, 
‘‘(II) the tax imposed by section 
55 for the taxable year, plus 
‘‘(III) the payroll tax for the tax-
able year, over 
‘‘(ii) the credits allowable under part 
IV of subchapter A (other than sections 
27(a), 31, and 34). 
‘‘(b) TENTATIVE FAIR SHARE TAX.—For purposes 
of this section— 
‘‘(1) IN GENERAL.—The tentative fair share tax 
for the taxable year is 30 percent of the excess of— 
‘‘(A) the adjusted gross income of the tax-
payer, over 
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of such fiscal year during which interim or full-year appro-
priations are not in effect— 
(1) such sums as are necessary to provide pay 
and allowances to members of the Armed Forces (as 
defined in section 101(a)(4) of title 10, United 
States Code), including reserve components thereof, 
who perform active service during such period, in-
cluding Active Guard and Reserve duty under sec-
tion 328 of title 32, United States Code; 
(2) such sums as are necessary to provide pay 
and allowances to members of the reserve compo-
nents of the Armed Forces (as named in section 
10101 of title 10, United States Code) who perform 
inactive-duty 
training 
(as 
defined 
in 
section 
101(d)(7) of such title) during such period; 
(3) such sums as are necessary to provide pay 
and allowances to the civilian personnel of the De-
partment of Defense (and the Department of Home-
land Security in the case of the Coast Guard) whom 
the Secretary concerned determines are providing 
support to members of the Armed Forces described 
in paragraph (1); and 
(4) such sums as are necessary to provide pay 
and allowances to contractors of the Department of 
Defense (and the Department of Homeland Security 
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in the case of the Coast Guard) whom the Secretary 
concerned determines are providing support to mem-
bers of the Armed Forces described in paragraph 
(1). 
(b) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ means— 
(1) the Secretary of Defense with respect to 
matters concerning the Department of Defense; and 
(2) the Secretary of Homeland Security with re-
spect to matters concerning the Coast Guard. 
SEC. 3. TERMINATION. 
Appropriations and funds made available and author-
ity granted pursuant to this Act for a fiscal year shall 
be available until whichever of the following first occurs: 
(1) the enactment into law of an appropriation for such 
fiscal year (including a continuing appropriation) for any 
purpose for which amounts are made available in section 
2; (2) the enactment into law of the applicable regular 
or continuing appropriations resolution or other Act for 
such fiscal year without any appropriation for such pur-
pose; (3) September 30 of such fiscal year; or (4) January 
1, 2017. 
Æ 
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