[Congressional Record Volume 144, Number 135 (Thursday, October 1, 1998)]
[House]
[Pages H9275-H9277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3789

                        Offered by: Mr. Conyers

       Amendment No. 1: Page 7, strike lines 11 through 21 and 
     insert the following:
       ``(f) If, after removal, the court determines that no 
     aspect of an action that is subject to its jurisdiction 
     solely under the provisions of section 1332(b) may be 
     maintained as a class action under Rule 23 of the Federal 
     Rules of Civil Procedure, the court shall remand the action 
     to the State court from which the action arose. Upon remand 
     of the action, the period of limitations for any claim 
     brought by any member of the proposed class in any future 
     class action or individual action shall be tolled for the 
     period of time provided under Federal or State law, or for 
     the period of time that the removed action was pending in 
     Federal court, whichever period is longer. The remand of the 
     action shall be without prejudice to the reallegation of any 
     such claim in any State court in a class action that may meet 
     applicable class certification requirements. The removal 
     provisions of section 1453 shall apply after remand to any 
     renewed State court class action described in the preceding 
     sentence, and if the renewed action is removed to Federal 
     court, the Federal court shall determine whether the renewed 
     action meets the requirements of Rule 23 of the Federal Rules 
     of Civil Procedure.''.

                               H.R. 3789

                         Offered By Mr. Doggett

       Amendment No. 2: Page 5, line 3, strike the quotation marks 
     and second period.
       Page 5, insert the following after line 3:
       ``(4) Paragraph (1) and section 1453 shall apply to a State 
     only if such State, on or after the date of the enactment of 
     this Act, enacts a statute that--
       ``(A) is adopted in accordance with procedures established 
     by that State's Constitution for enactment of a statute;
       ``(B) does not conflict with that State's Constitution, as 
     interpreted by that State; and
       ``(C) declares that paragraph (1) and section 1453 shall 
     apply to that State.''.

                               H.R. 3789

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 3: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. STUDY OF CLASS ACTIONS.

       Within 12 months of the date of enactment of this Act, the 
     Judicial Conference of the United States, in consultation 
     with the National Center for State Courts, shall conduct a 
     study of Federal and State class actions, which study shall 
     include--
       (1) identification of the number of class actions being 
     brought and maintained in Federal and State courts;
       (2) the extent to which class action rules are collusively 
     misused or manipulated by either plaintiffs or defendants in 
     a manner which denies any of the parties the right to 
     fairness and due process; and
       (3) the extent that changing Federal law to allow for 
     removal to Federal court in any case where any one member of 
     a plaintiff class and any one defendant are citizens of 
     different States, and eliminate the $75,000 amount in 
     controversy requirement of section 1332 of title 28, United 
     States Code, would have on--
       (A) the workload of the Federal judiciary and the civil 
     docket backlog in the Federal courts; and
       (B) possible delays in the resolution of class actions.

     Upon completion of the study, the Judicial Conference of the 
     United States shall submit a report to the Committees on the 
     Judiciary of the House of Representatives and the Senate, 
     which shall include any recommendations for changing class 
     action rules at the Federal or State level.

[[Page H9276]]

                               H.R. 3789

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 4: In section 1332(b) of title 28, United 
     States Code, as added by section 2(a) of the bill, strike the 
     quotation marks and second period at the end of paragraph (3) 
     (page 5, line 3), and after paragraph (3) (page 5, after line 
     3) insert the following:
       ``(4)(A) Paragraph (1) and section 1453 shall not apply to 
     any class action that is brought for harm caused by a tobacco 
     product.
       ``(B) As used in this paragraph, the term `tobacco product' 
     means--
       ``(i) a cigarette, as defined in section 3 of the Federal 
     Cigarette Labeling and Advertising Act (15 U.S.C. 1332);
       ``(ii) a little cigar, as defined in section 3 of the 
     Federal Cigarette Labeling and Advertising Act (15 U.S.C. 
     1332);
       ``(iii) a cigar, as defined in section 5702(a) of the 
     Internal Revenue Code of 1986;
       ``(iv) pipe tobacco;
       ``(v) loose rolling tobacco and papers used to contain that 
     tobacco;
       ``(vi) a product referred to as smokeless tobacco, as 
     defined in section 9 of the Comprehensive Smokeless Tobacco 
     Health Education Act of 1986 (15 U.S.C. 4408); and
       ``(vii) any other form of tobacco intended for human 
     consumption.''.

                               H.R. 3789

                        Offered By: Mr. Pallone

       Amendment No. 5: Page 5, line 3, strike the quotation marks 
     and second period.
       Page 5, insert the following after line 3:
       ``(4) Paragraph (1) and section 1453 shall not apply to any 
     class action that is brought for harm caused by any group 
     health plan, health insurance issuer, health care provider, 
     or health care professional, if the primary defendant in the 
     action is a group health plan or health insurance issuer 
     which has a substantial commercial presence in the State in 
     which the action is brought.''.

                               H.R. 3789

                 Offered By: Mr. Watt of North Carolina

       Amendment No. 6: Page 5, strike line 17 and all that 
     follows through page 6, line 19.
       Page 6, line 20, strike ``(b) Removal'' and insert ``(a) 
     Removal''.
       Page 7, strike line 1 through the matter following line 3.
       Page 7, line 4, strike ``(d)'' and insert ``(b)''.
       Page 7, line 9, strike ``(e)'' and insert ``(c)''.
       Page 4, line 1, strike ``and section 1453''.
       Page 4, line 4, strike ``and section 1453''.

                               H.R. 4274

                Offered By: Mr. English of Pennsylvania

       Amendment No. 7: Page 95, after line 17, insert the 
     following new section:
       Sec. 517. There are appropriated for carrying out the Low-
     Income Home Energy Assistance Act of 1981 $1,100,000,000, to 
     be derived by hereby reducing by 3.098 percent each of the 
     amounts appropriated by this Act that are not required by law 
     to be appropriated.

                               H.R. 4274

                         Offered By: Mr. Fattah

       Amendment No. 8: Page 54, line 24, after the dollar amount, 
     insert the following: ``(decreased by $200,000,000)''.
       Page 55, line 6, after ``section 1125,'' insert the 
     following: ``$200,000,000 shall be available for the 
     education finance incentive program under section 1125A,''.

                               H.R. 4274

                         Offered By: Mr. Fattah

       Amendment No. 9: Page 55, line 6, after ``section 1125,'' 
     insert the following: ``$200,000,000 shall be available for 
     the education finance incentive program under section 
     1125A,''.

                               H.R. 4274

                         Offered By: Mr. Filner

       Amendment No. 10: Page 61, line 11, after the dollar amount 
     insert ``(increased by $12,000,000)''.
       Page 63, line 16, after the dollar amount insert 
     ``(decreased by $12,000,000)''.

                               H.R. 4274

                Offered By: Mr. Kennedy of Massachusetts

       Amendment No. 11: Page 32, line 9, after the dollar amount, 
     insert the following: ``(decreased by $5,000,000)''.
       Page 57, line 12, after the dollar amount, insert the 
     following: ``(increased by $5,000,000)''.

                               H.R. 4274

                        Offered By: Mr. LoBiondo

       Amendment No. 12: Page 44, line 9, insert ``(increased by 
     $10,000,000)'' after the dollar figure.
       Page 63, line 16, insert ``(reduced by $10,000,000)'' after 
     the dollar figure.

                               H.R. 4274

                         Offered By: Mr. Riggs

       Amendment No. 13: Page 2, line 16, after the dollar amount, 
     insert the following: ``(reduced by $25,000,000)''.
       Page 2, line 22, after the dollar amount, insert the 
     following: ``(reduced by $25,000,000)''.
       Page 53, line 17, after the dollar amount, insert the 
     following: ``(reduced by $25,000,000)''.
       Page 53, line 19, after the dollar amount, insert the 
     following: ``(reduced by $25,000,000)''.
       Page 58, line 26, after each of the dollar amounts, insert 
     the following: ``(increased by $50,000,000)''.

                               H.R. 4274

                         Offered By: Mr. Riggs

       Amendment No. 14: Page 54, line 18, after the dollar 
     amount, insert the following: ``(reduced by $120,000,000)''.
       Page 54, line 19, after the dollar amount, insert the 
     following: ``(reduced by $120,000,000)''.
       Page 55, line 10, after the dollar amount, insert the 
     following: ``(reduced by $120,000,000)''.
       Page 56, line 17, after the dollar amount, insert the 
     following: ``(increased by $120,000,000)''.

                               H.R. 4274

                         Offered By: Mr. Riggs

       Amendment No. 15: Page 54, line 18, after the dollar 
     amount, insert the following: ``(reduced by $120,000,000)''.
       Page 54, line 19, after the dollar amount, insert the 
     following: ``(reduced by $120,000,000)''.
       Page 55, line 10, after the dollar amount, insert the 
     following: ``(reduced by $120,000,000)''.
       Page 56, line 17, after the dollar amount, insert the 
     following: ``(increased by $60,000,000)''.
       Page 58, line 26, after each of the dollar amounts, insert 
     the following: ``(increased by $60,000,000)''.

                               H.R. 4274

                         Offered By: Mr. Riggs

       Amendment No. 16: Page 56, line 18, after the dollar 
     amount, insert the following: ``(reduced by $50,000,000)''.
       Page 56, line 23, after ``1965,'', insert the following: 
     ``$150,000,000 shall be for charter schools,''.

                               H.R. 4274

                        Offered By: Mr. Sanders

       Amendment No. 17: Page 28, line 15, insert after the first 
     dollar amount ``(increased by $5,900,000)''.
       Page 62, line 20, insert after the dollar amount 
     ``(decreased by $5,900,000)''.

                               H.R. 4274

                        Offered By: Mr. Sanders

       Amendment No. 18: Page 56, line 5, after each dollar 
     amount, insert ``(decreased by $2,000,000)''.
       Page 20, line 9, after the dollar amount, insert 
     ``(increased by $2,000,000)''.

                               H.R. 4274

                        Offered By: Mr. Sanders

       Amendment No. 19: Page 95, after line 17, insert the 
     following new section:
       Sec. 517. Whereas 4,400,000 of this Nation's most 
     vulnerable families will lose essential energy assistance, 
     leaving them freezing in the winter or suffering from 
     oppressive heat during the summer, if the Low-Income Home 
     Energy Assistance Program (LIHEAP) is not funded; and whereas 
     two-thirds of LIHEAP households have incomes of less than 
     $8,000 per year, 49 percent of households receiving heating 
     assistance have children less than 18 years old, households 
     containing the elderly comprise 34 percent of all LIHEAP 
     recipients, and households with at least 1 disabled person 
     comprise 24 percent of those receiving heating assistance: 
     Now, therefore, be it Resolved, That it is the sense of the 
     House of Representatives that the Low-Income Home Energy 
     Assistance Program should receive no less than the fiscal 
     year 1998 level of $1,100,000,000 for fiscal year 1999.

                               H.R. 4274

                        Offered By: Mr. Sanders

       Amendment No. 20: Page 95, after line 17, insert the 
     following new section:
       Sec. 517. It is the sense of the House of Representatives 
     that the Low-Income Home Energy Assistance Program should 
     receive no less than the fiscal year 1998 level of 
     $1,100,000,000 for fiscal year 1999.

                               H.R. 4274

                         Offered By: Mr. Tiahrt

       Amendment No. 21: Page 53, after line 8, insert the 
     following new section:
       Sec. 221. The program under section 1001 of title X of the 
     Public Health Service Act shall be carried out in accordance 
     with section 59.9 of title 42, Code of Federal Regulations, 
     as issued on February 2, 1988 (53 Fed. Reg. 2945), except 
     that such section 59.9 shall apply as if there were no 
     references in the section to sections 59.8 and 59.10 of such 
     title 42.

                               H.R. 4274

                         Offered By: Mr. Tiahrt

       Amendment No. 22: At the end of the bill, insert after the 
     last section (preceding the short title) the following:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. 801. Of the funds made available in this Act under the 
     heading ``Department of Education--School Improvement 
     Programs'' for the arts in education program, not more than 
     40 percent may be used for the Federal administrative costs 
     of such program.

                               H.R. 4274

                         Offered By: Mr. Tiahrt

       Amendment No. 23: At the end of the bill, insert after the 
     last section (preceding the short title) the following:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. 801. None of the funds appropriated in this Act may be 
     made available by the Secretary of Education to any 
     educational agency or institution that--
       (1) denies or prevents the parent of an elementary school 
     or secondary school student the right to inspect and review 
     any instructional material used with respect to the 
     educational curriculum of, or testing material

[[Page H9277]]

     that has been administered to, the student; or
       (2) without the prior, written, informed consent of the 
     parent of a student--
       (A) requires the student to undergo medical, psychological, 
     or psychiatric examination, testing, treatment, or 
     immunization (except in the case of a medical emergency); or
       (B) requires or otherwise seeks the response of the student 
     to reveal any information about the student's personal or 
     family life (other than directory information or information 
     necessary to comply with the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106a)).

                               H.R. 4274

                         Offered By: Mr. Tiahrt

       Amendment No. 24: At the end of the bill, insert after the 
     last section (preceding the short title) the following:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. 801. None of the amounts made available in this Act 
     may be expended--
       (1) to carry out the program under section 1001 of title X 
     of the Public Health Service Act in a manner inconsistent 
     with section 59.9 of title 42, Code of Federal Regulations; 
     or
       (2) to administer the provisions of such section 59.9 that 
     relate to sections 59.8 and 59.10 of such title 42.