[House Report 116-210]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-210
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1423) TO AMEND TITLE 9 OF
THE UNITED STATES CODE WITH RESPECT TO ARBITRATION; WAIVING A
REQUIREMENT OF CLAUSE 6(A) OF RULE XIII WITH RESPECT TO CONSIDERATION
OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES; AND
PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES
_______
September 17, 2019.--Referred to the House Calendar and ordered to be
printed
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Mrs. Torres of California, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 558]
The Committee on Rules, having had under consideration
House Resolution 558, by a record vote of 6 to 3, 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. 1423, the
Forced Arbitration Injustice Repeal 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 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 116-
32, modified by the amendment printed in part A of this report,
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 part B of 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 part B of this report. The resolution provides one
motion to recommit with or without instructions. The resolution
waives the requirement of clause 6(a) of rule XIII for a two-
thirds vote to consider a report from the Committee on Rules on
the same day it is presented to the House with respect to any
resolution reported through the legislative day of September
20, 2019, relating to a measure making or continuing
appropriations for the fiscal year ending September 30, 2020.
The resolution provides that it shall be in order at any time
on the legislative day of September 19, 2019, or September 20,
2019, for the Speaker to entertain motions that the House
suspend the rules and that the Speaker or her designee shall
consult with the Minority Leader or his designee on the
designation of any matter for consideration pursuant to this
section.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes waivers of the following:
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the text of
the bill as proposed to be considered differs from the
text of the bill as reported.
Clause 3(d)(1) of rule XIII, which requires
the inclusion of committee cost estimate in a committee
report.
The waiver of all points of order against the amendment in
the nature of a substitute includes a waiver of clause 12(a)(2)
of rule XXI, which prohibits consideration of an amendment in
the nature of a substitute unless there is a searchable
electronic comparative print that shows how the amendment
proposes to change current law.
Although the resolution waives all points of order against
the amendments printed in part B of 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. 167
Motion by Mrs. Lesko to amend the rule to H.R. 1423 to make
in order amendment #8, offered by Rep. Sensenbrenner Jr. (WI),
which preserves the enforceability of any covered pre-dispute
mandatory binding arbitration agreement or pre-dispute joint-
action waiver unless the claimant's attorney in alternatively-
filed court litigation files with the court an affidavit
describing the manner in which counsel will receive attorneys'
fees, with such fees being limited to a reasonable level.
Defeated: 4-6.
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Majority Members Vote Minority Members Vote
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Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... ............ Mrs. Lesko........................ Yea
Ms. Scanlon..................................... ............
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. ............
Mr. McGovern, Chairman.......................... Nay
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Rules Committee record vote No. 168
Motion by Mr. Cole to report an open rule. Defeated: 3-6.
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Majority Members Vote Minority Members Vote
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Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... ............ Mrs. Lesko........................ ............
Ms. Scanlon..................................... ............
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. ............
Mr. McGovern, Chairman.......................... Nay
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Rules Committee record vote No. 169
Motion by Mrs. Torres to report the rule. Adopted: 6-3.
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Majority Members Vote Minority Members Vote
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Mr. Hastings.................................... Yea Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... ............ Mrs. Lesko........................ ............
Ms. Scanlon..................................... ............
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Mr. DeSaulnier.................................. ............
Mr. McGovern, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENT TO H.R. 1423 IN PART A CONSIDERED AS ADOPTED
1. Nadler (NY): Makes technical corrections to the bill.
SUMMARY OF THE AMENDMENTS TO H.R. 1423 IN PART B MADE IN ORDER
1. Jordan (OH), Collins, Doug (GA), Lesko (AZ): Strikes
from the bill safe-harbor provisions that allow unions and
union employees to keep and enforce union-negotiated pre-
dispute mandatory binding arbitration agreements with employers
or other unions, while the bill's other provisions abrogate
non-union employees' rights to keep and enforce their own
agreements. (10 minutes)
2. Fletcher (TX): Clarifies that nothing in this act shall
be construed to prohibit the use of arbitration on a voluntary
basis when consent is given after the dispute arises. (10
minutes)
PART A--TEXT OF AMENDMENT TO H.R. 1423 CONSIDERED AS ADOPTED
Page 2, strike the matter between line 3 and line 4, and
insert the following:
``Sec.
``401. Definitions.
``402. No validity or enforceability.''.
Page 7, line 6, strike the comma.
Page 8, strike the matter between line 18 and line 19, and
insert the following:
``4. Arbitration of Employment, Consumer, Antitrust, and Civil
Rights Disputes.....................................401''.
PART B--TEXT OF AMENDMENTS TO H.R. 1423 MADE IN ORDER
1. An Amendment To Be Offered by Representative Jordan of Ohio or his
Designee, Debatable for 10 Minutes
Page 6, strike lines 16 through 25.
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2. An Amendment To Be Offered by Representative Fletcher of Texas or
Her Designee, Debatable for 10 Minutes
At the end, add the following:
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
shall be construed to prohibit the use of arbitration on a
voluntary basis after the dispute arises.
[all]