[Congressional Record Volume 145, Number 123 (Tuesday, September 21, 1999)]
[House]
[Pages H8469-H8470]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 1875

                         Offered by Mr. Doggett

       Amendment No. 1: Page 5, insert the following after line 13 
     and redesignate the succeeding paragraphs accordingly:
       ``(3) Paragraph (1) shall apply to a State only if such 
     State, on or after the date of the enactment of the 
     Interstate Class Action Jurisdiction Act of 1999, 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) shall apply to that 
     State.
       Page 7, insert the following after line 23 and redesignate 
     the succeeding paragraphs accordingly:
       ``(1) Applicability to states.--This section shall apply to 
     a State only if such State, on or after the date of the 
     enactment of the Interstate Class Action Jurisdiction Act of 
     1999, 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 this section shall apply to that State.

                               H.R. 1875

                 Offered by: Mr. Frank of Massachusetts

       Amendment No. 2: Page 9, strike line 6 and all that follows 
     through page 10, line 2, and insert the following:
       (e) Procedure After Removal.--Section 1447 is amended by 
     adding at the end the following new subsection:
       ``(f) If, after removal, the court determines that any 
     aspect of an action that is subject to its jurisdiction 
     solely under the provisions of section 1332(b) may not be 
     maintained as a class action under Rule 23 of the Federal 
     Rules of Civil Procedure, it shall remand

[[Page H8470]]

     that aspect of the action to the State court from which it 
     was removed. In such event, that State court may certify the 
     action or any part thereof as a class action pursuant to its 
     State law and such action cannot be removed to Federal court 
     unless it meets the requirements of section 1332(a).''.

                               H.R. 1875

                  Offered by: Ms. Jackson-Lee of Texas

       Amendment No. 3: Page 6, line 5, strike the quotation marks 
     and second period.
       Page 6, insert the following after line 5:
       ``(5)(A) Paragraph (1) 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.''.
       Page 8, line 16, strike the quotation marks and second 
     period.
       Page 8, insert the following after line 16:
       ``(3) Tobacco products.--(A) This section 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. 1875

                         Offered by: Mr. Nadler

       Amendment No. 4: Page 6, line 5, strike the quotation marks 
     and second period.
       Page 6, insert the following after line 5:
       ``(5)(A) Paragraph (1) shall not apply to any class action 
     that is brought for harm caused by a firearm or ammunition.
       ``(B) As used in this paragraph, the term `firearm'--
       ``(i) has the meaning given that term in section 921(3) of 
     title 18; and
       ``(ii) includes any firearm as defined in section 5845 of 
     the Internal Revenue Code of 1986.''.
       Page 8, line 16, strike the quotation marks and second 
     period.
       Page 8, insert the following after line 16:
       ``(3) Firearms or ammunition.--(A) This section shall not 
     apply to any class action that is brought for harm caused by 
     a firearm or ammunition.
       ``(B) As used in this paragraph, the term `firearm'--
       ``(i) has the meaning given that term in section 921(3) of 
     title 18; and
       ``(ii) includes any firearm as defined in section 5845 of 
     the Internal Revenue Code of 1986.''.

                               H.R. 1875

                         Offered by: Mr. Nadler

       Amendment No. 5: Page 6, line 5, strike the quotation marks 
     and second period.
       Page 6, insert the following after line 5:
       ``(5) Paragraph (1) 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.''.
       Page 8, line 16, strike the quotation marks and second 
     period.
       Page 8, insert the following after line 16:
       ``(3) Health plans, health insurance issuers, etc.--This 
     section 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. 1875

                         Offered by: Ms. Waters

       Amendment No. 6: Page 10, line 4, strike ``The'' and insert 
     ``(a) In General.--The''.
       Page 10, lines 5 and 6, strike ``date of the enactment of 
     this Act'' and insert ``date certified by the Judicial 
     Conference under subsection (b)''.
       Page 10, insert the following after line 6:
       (b) Certification by Judicial Conference.--The Judicial 
     Conference of the United States shall certify in writing to 
     the Congress the first date on or after the date of the 
     enactment of this Act on which the number of vacancies of 
     judgeships authorized for the United States courts of 
     appeals, the United States district courts, and the United 
     States Court of Federal Claims, is less than 3 percent of all 
     such judgeships.

                               H.R. 1875

                 Offered by: Mr. Watt of North Carolina

       Amendment No. 7: Page 7, line 10, strike ``before or''.

                               H.R. 2506

                  Offered by: Ms. Jackson-Lee of Texas

       Amendment No. 1: Page 4, line 9, strike ```(c)'' and all 
     that follows through ``the Director shall'' on line 11 and 
     insert the following:
       ``(c) Requirements With Respect to Special Populations.--
     There is established within the Agency an office to be known 
     as the Office on Special Populations, which shall be headed 
     by an official appointed by the Director. The Director, 
     acting through such Office, shall''.
       

                               H.R. 2506

                  Offered by: Ms. Jackson-Lee of Texas

       Amendment No. 2: Page 4, line 14, insert ``in inner-city 
     areas and'' after ``health services''.