IB 
Union Calendar No. 321 
114TH CONGRESS 
2D SESSION 
H. R. 3624 
[Report No. 114–422] 
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 
FEBRUARY 16, 2016 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on September 28, 2015] 
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A BILL 
To amend title 28, United States Code, to prevent fraudulent 
joinder. 
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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 Pre-
vention Act of 2016’’. 
SEC. 2. PREVENTION OF FRAUDULENT JOINDER. 
Section 1447 of title 28, United States Code, is amend-
ed 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 plain-
tiffs; 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. 
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‘‘(2) The joinder of the defendant or defendants 
described in paragraph (1) (B) is fraudulent if the 
court finds that— 
‘‘(A) there is actual fraud in the pleading 
of jurisdictional facts; 
‘‘(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 each defendant de-
scribed in paragraph (1)(B); 
‘‘(C) State or Federal law clearly bars all 
claims in the complaint against all defendants 
described in paragraph (1)(B); or 
‘‘(D) objective evidence clearly demonstrates 
that there is no good faith intention to prosecute 
the action against all defendants described in 
paragraph (1)(B) or to seek a joint judgment. 
‘‘(3) In determining whether to grant or deny a 
motion under paragraph (1)(B), the court may per-
mit the pleadings to be amended, and shall consider 
the pleadings, affidavits, and other evidence submitted 
by the parties. 
‘‘(4) If the court finds fraudulent joinder under 
paragraph (2), it shall dismiss without prejudice the 
claims against the defendant or defendants found to 
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have been fraudulently joined and shall deny the mo-
tion described in paragraph (1)(B).’’. 
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Union Calendar No. 321 
114TH CONGRESS 
2D SESSION 
H. R. 3624 
[Report No. 114–422] 
A BILL 
To amend title 28, United States Code, to prevent 
fraudulent joinder. 
FEBRUARY 16, 2016 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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19:06 Feb 16, 2016
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