US Congress House Bill 394 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on December 7 2011 - 100% progression
Action: 2011-12-07 - Became Public Law No: 112-63.
Text: Latest bill text (Enrolled) [PDF]

Federal Courts Jurisdiction and Venue Clarification Act of 2011 - Title I: Jurisdictional Improvements - (Sec. 101) Amends the federal judicial code to declare that, with respect to diversity of citizenship, the U.S. district courts shall not have original jurisdiction of any civil action between citizens of a state and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same state. (Sec. 102) Modifies the citizenship rules to treat corporations as citizens of any foreign state: (1) by which it has been incorporated, and (2) where it has its principal place of business. Treats insurers as citizens of any foreign state: (1) of which the insured is a citizen, (2) by which the insurer has been incorporated, and (3) where the insurer has its principal place of business. (Sec. 103) Separates the removal requirements governing civil cases and those governing criminal cases into two separate categories. Declares that, upon removal of any civil action with both removable and nonremovable claims, the district court shall sever from the action all nonremovable claims and remand them to the state court from which the action was removed. Requires only defendants against whom a removable claim has been asserted to join in or consent to removal of the action. Prescribes requirements for filing notices of removal, including assertion in the notice of the amount in controversy, when it exceeds the necessary amount, if the initial pleading seeks: (1) nonmonetary relief; or (2) a money judgment, but the state practice either does not permit demand for a specific sum or permits recovery of damages in excess of the amount demanded. Allows removal of a case based on diversity of citizenship more than one year after commencement of the action if the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action. Title II: Venue and Transfer Improvements - (Sec. 202) Revises general requirements for the scope of venue of civil actions. Requires the proper venue of any civil action brought in a U.S. district court to be determined without regard to whether the action is local or transitory in nature. (Sec. 203) Repeals the "local action" rule that any civil action, of a local nature, involving property located in different districts in the same state, may be brought in any of such districts. (Sec. 204) Allows a district court to transfer a civil action to any district or division to which all parties have consented. Prohibits transfers from a U.S. district court to the District Court of Guam, the District Court for the Northern Mariana Islands, or the District Court of the Virgin Islands.

Federal Courts Jurisdiction and Venue Clarification Act of 2011

Rep. Lamar Smith [R-TX]

Rep. Howard Coble [R-NC]

Rep. John Conyers [D-MI]

Rep. Henry Johnson [D-GA]

2011-02-28 - House - On Motion to Suspend the Rules and Pass, as Amended (Y: 402 N: 0 NV: 30 Abs: 0) [PASS]

Date	Chamber	Action
2011-12-07	Senate	Became Public Law No: 112-63.
2011-12-07	Senate	Signed by President.
2011-12-02	Senate	Presented to President.
2011-12-01	Senate	Message on Senate action sent to the House.
2011-11-30	Senate	Senate agreed to the House amendment to Senate amendment No. 2 by Unanimous Consent. (consideration: CR S8074; text as Senate agreed to House amendment to Senate amendment: CR S8074)
2011-11-18	Senate	Message on House action received in Senate and at desk: House amendment to Senate amendment.
2011-11-18	Senate	House agreed to Senate Amendment No. 1 to the bill (H.R. 394) and agreed to Senate Amendment No. 2 to the bill (H.R. 394) with an amendment.
2011-11-18	Senate	Motion to reconsider laid on the table Agreed to without objection.
2011-11-18	Senate	On motion that the House agree with an amendment to the Senate amendments Agreed to without objection. (consideration: CR H7841; text as House agreed to Senate amendment with an amendment: CR H7841)
2011-11-18	Senate	Mr. Smith (TX) asked unanimous consent that the House agree with an amendment to the Senate amendments.
2011-11-01	Senate	Message on Senate action sent to the House.
2011-10-31	Senate	Passed Senate with amendments by Unanimous Consent. (consideration: CR S6925-6927; text as passed Senate: CR S6925-6927)
2011-10-17	Senate	Placed on Senate Legislative Calendar under General Orders. Calendar No. 200.
2011-10-17	Senate	Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
2011-10-13	Senate	Committee on the Judiciary. Ordered to be reported with an amendment favorably.
2011-03-01	Senate	Received in the Senate and Read twice and referred to the Committee on the Judiciary.
2011-02-28	House	Motion to reconsider laid on the table Agreed to without objection.
2011-02-28	House	On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 402 - 0 (Roll no. 148). (text: CR H1367-1368)
2011-02-28	House	Considered as unfinished business. (consideration: CR H1374-1375)
2011-02-28	House	At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
2011-02-28	House	DEBATE - The House proceeded with forty minutes of debate on H.R. 394.
2011-02-28	House	Considered under suspension of the rules. (consideration: CR H1367-1370)
2011-02-28	House	Mr. Smith (TX) moved to suspend the rules and pass the bill, as amended.
2011-02-11	House	Placed on the Union Calendar, Calendar No. 3.
2011-02-11	House	Reported by the Committee on Judiciary. H. Rept. 112-10.
2011-01-26	House	Subcommittee on Courts, Commercial and Administrative Law Discharged.
2011-01-26	House	Ordered to be Reported by Voice Vote.
2011-01-26	House	Committee Consideration and Mark-up Session Held.
2011-01-24	House	Referred to the Subcommittee on Courts, Commercial and Administrative Law.
2011-01-24	House	Referred to the House Committee on the Judiciary.

SB1636 (Same As) 2011-10-17 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 198.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/394/all-info
Text	https://www.congress.gov/112/bills/hr394/BILLS-112hr394ih.pdf
Text	https://www.congress.gov/112/bills/hr394/BILLS-112hr394eh.pdf
Text	https://www.congress.gov/112/bills/hr394/BILLS-112hr394eas.pdf
Text	https://www.congress.gov/112/bills/hr394/BILLS-112hr394rh.pdf
Text	https://www.congress.gov/112/bills/hr394/BILLS-112hr394rs.pdf
Text	https://www.congress.gov/112/bills/hr394/BILLS-112hr394eah.pdf
Text	https://www.congress.gov/112/bills/hr394/BILLS-112hr394enr.pdf
Roll Call	https://clerk.house.gov/Votes/2011148