H.Res. 581: H.R. 1927 – Fairness in Class Action Litigation Act of 2015

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 8-4 on Wednesday, January 6, 2016.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 234-176 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 236-176 on Thursday, January 7, 2016.

MANAGERS: Hastings/Collins

114th Congress

2nd Session

Rule

H.RES. 581

Report No. 114-389

 

H.R. 1927 - Fairness in Class Action Litigation Act of 2015

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
  3. Waives all points of order against consideration of the bill.
  4. 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.
  5. Waives all points of order against that amendment in the nature of a substitute.
  6. Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.
  7. Waives all points of order against the amendments printed in the report.
  8. Provides one motion to recommit with or without instructions.
  9. Section 2 provides that a vote on any motion relating to the disposition of the veto message for H.R. 3762 may be postponed through January 25, 2016, as though under clause 8 of rule XX.

 

RESOLUTION

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1927) to amend title 28, United States Code, to improve fairness in class action litigation. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and amendments specified in this resolution and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-38. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. Further proceedings on any question on a motion relating to the disposition of the veto message and the bill, H.R. 3762, may be postponed through the legislative day of January 25, 2016, as though under clause 8 of rule XX.

 

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Cohen (TN)

#4

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)

#5

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)

#6

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)

#1

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)

#8

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)

#9

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)

#13

(LATE) 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)

#7

Strikes the "scope" and "economic loss" language from the bill.

(10 minutes)

9. Jackson Lee (TX)

#10

(LATE) Provides litigants in a pending class action access to information held in a trust that is directly related to a plaintiffs claim for asbestos exposure.

(10 minutes)

10. Nadler (NY)

#3

Replaces the bill's requirement for asbestos trusts to disclose detailed personal information with aggregate reporting of demands received and payments made by the trusts.

(10 minutes)