[Congressional Record Volume 144, Number 136 (Friday, October 2, 1998)]
[House]
[Page H9346]
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. Bryant

       Amendment No. 7: Page 3, add the following after line 25:
       ``(C) In a case removed to the district court on the basis 
     of jurisdiction under this subsection in which the district 
     court determines under this paragraph to abstain from hearing 
     an action, the court shall not determine whether the case may 
     be maintained as a class action under Rule 23 of the Federal 
     Rules of Civil Procedure.
       Page 4, line 1, strike lines 1 through 3.
       Page 4, line 4, strike ``(B)'' and insert ``(3)(A)''.
       Page 4, line 5, strike ``(C)'' and insert ``(B)''.
       Page 4, line 10, strike ``(C)'' and insert ``(B)''.
       Page 5, strike lines 1 through 3 and insert the following:
       ``(C) Paragraph (1) and section 1453 shall not apply to any 
     civil action, regardless of the forum in which it may be 
     filed, that involves--
       ``(i) a class action brought under the Securities Act of 
     1933 or the Securities Exchange Act of 1934, or that is 
     subject to the limitations on class actions under the 
     Securities Act of 1933 or the Securities Exchange Act of 
     1934; or
       ``(ii) a claim or claims relating to--
       ``(I) the internal affairs or governance of a corporation 
     or other form of entity or business association arising under 
     or by virtue of the statutory, common, or other laws of the 
     State in which such corporation, entity, or business 
     association is incorporated (in the case of a corporation) or 
     organized (in the case of any other entity); or
       ``(II) the rights, duties (including fiduciary duties), and 
     obligations relating to or created by any security.
       ``(D) Paragraph (1) and section 1453 shall not apply to--
       ``(i) an action involving a security that is brought by a 
     State, a political subdivision thereof, or a State pension 
     plan, whether on its own behalf, or as a member of a class 
     comprised solely of other States, political subdivisions, or 
     State pension plans that are named plaintiffs, and that have 
     authorized participation, in such action;
       ``(ii) an action that seeks to enforce a contractual 
     agreement between an issuer and an indenture trustee; or
       ``(iii) an action involving any debt securities that is 
     exempt from registration under the Securities Act of 1933 
     pursuant to rules issued by the Securities and Exchange 
     Commission under section 4(2) of such Act.
       ``(E) As used in this paragraph--
       ``(i) the terms `issuer', `security', and `equity security' 
     have the meanings given those terms in section 3 of the 
     Securities Exchange Act of 1934;
       ``(ii) an `affiliate' of an issuer is a person that 
     directly or indirectly, through one or more intermediaries, 
     controls or is controlled by or is under common control with, 
     that issuer; and
       ``(iii) the term `State pension plan' means a pension plan 
     established and maintained for its employees by the 
     government of a State or political subdivision thereof, or by 
     any agency or instrumentality thereof.''.
       Page 6, lines 18 and 19, strike ``district court's 
     direction in accordance with Rule 23(c)(2) of the Federal 
     Rules of Civil Procedure'' and insert ``direction of the 
     State court''.
       Page 7, line 21, insert after the first period the 
     following: ``Nothing in this subsection shall preclude a 
     party from amending its complaint after remand to State 
     court.''.

                               H.R. 4274

                        Offered By: Mr. Weygand

       Amendment No. 25: Page 6, line 10, before the period insert 
     the following: ``: Provided further, That, to the extent 
     practicable, not less than 50 percent of the total number of 
     Job Corps centers established during fiscal year 1999 shall 
     be established in States that, as of the date of the 
     enactment of this Act, do not have Job Corps centers''.

                               H.R. 4274

                        Offered By: Mr. Weygand

       Amendment No. 26: Page 6, line 10, before the period insert 
     the following: ``: Provided further, That, to the extent 
     practicable, Job Corps centers established during fiscal year 
     1999 shall be established in States that, as of the date of 
     the enactment of this Act, do not have Job Corps centers''.

                               H.R. 4274

                        Offered By: Mr. Weygand

       Amendment No. 27: Page 28, line 15, insert ``(decreased by 
     $6,008,000)'' after the last dollar figure.
       Page 34, line 24, insert ``(decreased by $6,327,000)'' 
     after the dollar figure.
       Page 44, line 9, insert ``(increased by $5,000,000)'' after 
     the dollar figure.