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115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       115-27

======================================================================



 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 725) TO AMEND TITLE 28, 
           UNITED STATES CODE, TO PREVENT FRAUDULENT JOINDER

                                _______
                                

   March 7, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Buck, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 175]

    The Committee on Rules, having had under consideration 
House Resolution 175, by a nonrecord vote, 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. 725, the 
Innocent Party Protection Act, 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 
provides that the bill shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill. The resolution makes in order only those 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

    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 is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in the bill, the Committee is not aware of any 
points of order. The waiver is 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 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. 29

    Motion by Mr. McGovern make in order and provide the 
appropriate waivers to amendment # 3, offered by Rep. Barragan 
(CA) which creates an exception for cases arising under a State 
constitution or other law providing for expedited procedures 
for cases involving claims for personal injury or wrongful 
death. Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Burgess.....................................  ............  Mr. Hastings of Florida...........          Yea
Mr. Collins.....................................          Nay   Mr. Polis.........................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 30

    Motion by Ms. Slaughter to report an open rule. Defeated: 
3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Burgess.....................................  ............  Mr. Hastings of Florida...........          Yea
Mr. Collins.....................................          Nay   Mr. Polis.........................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................  ............
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Soto (FL): Creates an exception for instances of public 
health risks, including byproducts of hydraulic fracturing, 
well stimulation, or any water contamination. (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 Soto of Florida or His 
                   Designee, Debatable for 10 Minutes

  Page 3, line 10, strike ``This'' and insert ``Except as 
otherwise provided in this subsection, this''.
  Page 5, line 4, strike the close quotation mark and the 
period which follows.
  Page 5, after line 4, insert the following:
          ``(5) This subsection does not apply with respect to 
        a case in which the plaintiff seeks compensation for 
        public health risks, including byproducts of hydraulic 
        fracturing, well stimulation, or any water 
        contamination.''.
                              ----------                              


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

  Page 5, line 4, strike the close quotation mark and the 
period which follows.
  Page 5, after line 4, 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]