House Report 114-389 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1927) TO AMEND TITLE 28, UNITED STATES CODE, TO IMPROVE FAIRNESS IN CLASS ACTION LITIGATION

[House Report 114-389]
[From the U.S. Government Publishing Office]

114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-389

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1927) TO AMEND TITLE 28,
UNITED STATES CODE, TO IMPROVE FAIRNESS IN CLASS ACTION LITIGATION

_______

January 6, 2016.--Referred to the House Calendar and ordered to be
printed

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Mr. Collins of Georgia, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 581]

The Committee on Rules, having had under consideration
House Resolution 581, by a record vote of 8 to 4, 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. 1927, the
Fairness in Class Action Litigation 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 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. 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.
Section 2 of the resolution provides that a vote on any
motion relating to the disposition of the veto message for H.R.
3762 may be postponed through the legislative day of January
25, 2016, as though under clause 8 of rule XX.

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver of all points of order prophylactic
in nature.
The waiver of all points of order against the amendment in
the nature of a substitute to H.R. 1927 made in order as
original text includes a waiver of clause 7 of rule XVI, which
requires that no motion or proposition on a subject different
from that under consideration shall be admitted under color of
amendment. However, it is important to note that Rules
Committee Print 114-38 contains the texts of H.R. 1927 and H.R.
526 as reported by the Committee on the Judiciary, with
conforming changes.
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 is 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. 136

Motion by Ms. Slaughter to strike section 2 of the
resolution. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
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........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... ............
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 137

Motion by Mr. McGovern to report an open rule. Defeated: 4-
8

Rules Committee record vote No. 138

Motion by Mr. Hastings of Florida to make in order and
provide the appropriate waivers for amendment #11, offered by
Rep. Fitzpatrick (PA), which clarifies that a patient harmed by
an FDA approved medical device is not barred from having his or
her claim of injury heard by a State court. Defeated: 4-8

Rules Committee record vote No. 139

Motion by Ms. Foxx to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
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........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... Nay
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... ............
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Cohen (TN): 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): 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): 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): 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): 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): 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): 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): Strikes the ``scope'' and ``economic
loss'' language from the bill. (10 minutes)
9. Jackson Lee (TX): Provides litigants in a pending class
action access to information held in a trust that is directly
related to a plaintiff's claim for asbestos exposure. (10
minutes)
10. Nadler (NY): 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)

TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes

Line 6 on the first page, strike ``No'' and insert ``Except
as provided in subsection (c), no''.
After line 18 on the first page, insert the following:
(c) Exception.--Subsection (a) does not apply with respect to
a claim for monetary relief brought against a perpetrator of a
terrorist attack by a victim of the attack.
----------

2. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes

3. An Amendment To Be Offered by Representative Conyers, Jr. of
Michigan or His Designee, Debatable for 10 Minutes

Line 6 on the first page, strike ``No'' and insert ``Except
as provided in subsection (c), no''.
After line 18 on the first page, insert the following:
(c) Exception.--Subsection (a) does not apply with respect to
a claim for monetary relief under title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e et seq.).
----------

4. An Amendment To Be Offered by Representative Deutch of Florida or
His Designee, Debatable for 10 Minutes

Line 6 on the first page, strike ``No'' and insert ``Except
as provided in subsection (c), no''.
After line 18 on the first page, insert the following:
(c) Exception.--This section does not apply with respect to a
claim brought by a gun owner seeking monetary relief involving
the defective design or manufacturing of a firearm.
----------

5. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes

Line 6 on the first page, strike ``No'' and insert ``Except
as provided in subsection (c), no''.
After line 18 on the first page, insert the following:
(c) Exception.--Subsection (a) does not apply with respect to
causes of action arising under the Fair Housing Act (42 U.S.C.
3601 et seq.) or the Equal Credit Opportunity Act (15 U.S.C.
1691 et seq.).
----------

6. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes

Line 6 on the first page, strike ``No'' and insert ``Except
as provided in subsection (c), no''.
After line 18 on the first page, insert the following:
(c) Exception.--Subsection (a) does not apply with respect to
any cause of action arising from a pay equity claim under Title
VII of the Civil Rights Act of 1964 (42 U.S.C 2000e et seq.) or
that portion of the Fair Labor Standards Act (29 U.S.C. 206(d))
known as the Equal Pay Act of 1963.
----------

7. An Amendment To Be Offered by Representative Waters of California or
Her Designee, Debatable for 10 Minutes

On the first page, line 6, strike ``No'' and insert ``Except
as provided in subsection (c), no''.
On the first page, after line 18 insert the following:
(c) Exception.--The requirements for a demonstration under
subsection (a) and the inclusion of a determination relating to
that requirement under subsection (b) do not apply with respect
to a claim against--
(1) any institution or third party servicer that
receives or services funds under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
(2) any institution that originates, services, or
otherwise administers qualified education loans (as
defined in section 221 of the Internal Revenue Code of
1986); or
(3) any institution providing a course of education
approved for purposes of chapter 33 of title 38, United
States Code.
----------

8. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes

Line 10 on the first page, strike ``and scope''.
Line 8 on the first page, strike ``or economic loss''.
----------

9. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes

Beginning on page 2, strike line 5 and all that follows
through line 2 on page 3, and insert the following:
``(8)(A) A trust described in paragraph (2) shall, subject to
subparagraph (B) and section 107, provide upon written request
and subject to payment (demanded at the option of the trust)
for any reasonable cost incurred by the trust to comply with
such request, to any party that is a defendant in a pending
court action relating to asbestos exposure, information that is
directly related to the plaintiff's claim in that pending
action.
``(B) A defendant requesting information under subparagraph
(A) shall first disclose to such plaintiff and such trust,
subject to an appropriate protective order the median
settlement amount paid by that defendant for claims settled or
paid within 5 years of the date of the request, by disease
category, for the State in which the plaintiff's action was
filed. No personally identifiable information shall be included
in any exchange of information under this paragraph.''.
----------

10. An Amendment To Be Offered by Representative Nadler of New York or
His Designee, Debatable for 10 Minutes

Beginning on page 2, strike line 5 and all that follows
through line 2 on page 3, and insert the following:
``(8) A trust described in paragraph (2) shall file with the
bankruptcy court, not later than 60 days after the end of every
quarter, a report that shall be made available on the court's
public docket and with respect to each such reporting period
contains an aggregate list of demands received and an aggregate
list of payments made.''.

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