H.R. 1423 - Forced Arbitration Injustice Repeal Act

Bill Text

    Rules Committee Print 116-32 PDF XML

    Showing the text of H.R. 1423, as ordered reported by the Committee on the Judiciary.

    H. Rept. 116-204 PDF

    Report from the Committee on the Judiciary to accompany H.R. 1423

    Text of H.R. 1423 PDF XML

    (as reported)

Rule Information

REPORTED BY A RECORD VOTE OF 6-3 on Tuesday, September 17, 2019.

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)PartySummaryStatus
1Version 1Nadler (NY)DemocratMANAGER’S AMENDMENT Makes technical corrections to the bill.Considered as Adopted
2Version 1Brown (MD)DemocratWithdrawn Expands the statute of limitations from two years to three years for an employee to file a claim regarding an alleged discriminatory act. Withdrawn
3Version 1Green, Al (TX)DemocratWithdrawn 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
4Version 1Jordan (OH), Collins, Doug (GA), Lesko (AZ)RepublicanStrikes 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
5Version 1Foster (IL)DemocratProhibits 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
6Version 2Dunn (FL)RepublicanWithdrawn 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
7Version 2Fletcher (TX)DemocratLate 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
8Version 1Sensenbrenner (WI), Collins, Doug (GA)RepublicanLate 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