Hearing Information
Amendment Deadline
Monday, September 16, 2019 - 10:00am H-312, the Capitol View Announcement »
Meeting Information
Tuesday, September 17, 2019 - 5:00pm H-313, the Capitol View Announcement »
H.R. 1423 - Forced Arbitration Injustice Repeal Act
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Bill Text
Hearing Documents
Rule Information
COMMITTEE ACTION:
REPORTED BY A RECORD VOTE OF 6-3 on Tuesday, September 17, 2019.
FLOOR ACTION ON H. RES. 558:
Agreed to by record vote of 228-196, after agreeing to the previous question by record vote of 228-195, on Wednesday, September 18, 2019.
MANAGERS: Torres/Lesko
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 116-32, modified by the amendment printed in part A of the Rules Committee report, 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 part B of 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 part B of the report.
8. Provides one motion to recommit with or without instructions.
9. 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.
10. 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.
Amendments (click headers to sort)
| # | Version # | Sponsor(s) | Party | Summary | Status |
|---|---|---|---|---|---|
| 1 | Version 1 | Nadler (NY) | Democrat | MANAGER’S AMENDMENT Makes technical corrections to the bill. | Considered as Adopted |
| 2 | Version 1 | Brown (MD) | Democrat | Withdrawn Expands the statute of limitations from two years to three years for an employee to file a claim regarding an alleged discriminatory act. | Withdrawn |
| 3 | Version 1 | Green, Al (TX) | Democrat | Withdrawn Makes the defendant liable for plaintiff's court fees in the event the defendant attempts to enforce an unenforceable pre-dispute arbitration agreement, and plaintiff challenges it in court. | Withdrawn |
| 4 | Version 1 | Jordan (OH), Collins, Doug (GA), Lesko (AZ) | Republican | 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. | Made in Order |
| 5 | Version 1 | Foster (IL) | Democrat | Prohibits mandatory pre-dispute arbitration provisions in agreements between customers and their broker-dealers or investment advisers, as well as any pre-dispute provisions that would restrict a customer from designating a judicial forum for the dispute, or prohibit the ability of a customer to pursue a class action. Prohibits a US public company from registering securities with the SEC if the issuer includes any mandatory pre-dispute arbitration provisions in agreements or governing documents with its investors. | Submitted |
| 6 | Version 2 | Dunn (FL) | Republican | Withdrawn Delays the bill’s effect until the Assistant Attorney General of the Civil Rights Division of the Department of Justice certifies that a plaintiff with a civil rights claim is more likely to be compensated through a more expeditious and less burdensome process than under current law. | Withdrawn |
| 7 | Version 2 | Fletcher (TX) | Democrat | Late Revised 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. | Made in Order |
| 8 | Version 1 | Sensenbrenner (WI), Collins, Doug (GA) | Republican | Late Would make pre-dispute arbitration agreements enforceable unless counsel for the plaintiff (1) submits an affidavit describing the manner for receiving attorneys fees; (2) submits an engagement letter or retainer agreement that provides for reasonable attorneys fees that do not exceed 33% of the value of the relief obtained by the plaintiff, unless a statute provides otherwise; and (3) in class cases, the attorneys fees cannot exceed the amount distributed to all class members. | Submitted |
Committee Votes
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
Majority Member
Vote
Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
No Vote
Ms. Scanlon
No Vote
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
No Vote
Mr. McGovern, Chairman
Nay
Minority Member
Vote
Mr. Cole
Yea
Mr. Burgess
Yea
Mr. Woodall
Yea
Mrs. Lesko
Yea
Rules Committee Record Vote No. 168
Motion by Mr. Cole to report an open rule. Defeated: 3-6
Majority Member
Vote
Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
Nay
Mr. Raskin
No Vote
Ms. Scanlon
No Vote
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
No Vote
Mr. McGovern, Chairman
Nay
Minority Member
Vote
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
No Vote
Rules Committee Record Vote No. 169
Motion by Mrs. Torres to report the rule. Adopted: 6-3
Majority Member
Vote
Mr. Hastings
Yea
Mrs. Torres
Yea
Mr. Perlmutter
Yea
Mr. Raskin
No Vote
Ms. Scanlon
No Vote
Mr. Morelle
Yea
Ms. Shalala
Yea
Mr. DeSaulnier
No Vote
Mr. McGovern, Chairman
Yea
Minority Member
Vote
Mr. Cole
Nay
Mr. Woodall
Nay
Mr. Burgess
Nay
Mrs. Lesko
No Vote