• SHORT TITLE(S) AS INTRODUCED:
  Interstate Class Action Jurisdiction Act of 1999

• SHORT TITLE(S) AS REPORTED TO HOUSE:
  Interstate Class Action Jurisdiction Act of 1999

• SHORT TITLE(S) AS PASSED HOUSE:
  Interstate Class Action Jurisdiction Act of 1999

• OFFICIAL TITLE AS INTRODUCED:
  To amend title 28, United States Code, to allow the application of the principles of Federal diversity jurisdiction to interstate class actions.

5/19/1999:

Referred to the House Committee on the Judiciary.

7/21/1999:

Committee Hearings Held.

7/27/1999:

Committee Consideration and Mark-up Session Held.

8/3/1999:

Committee Consideration and Mark-up Session Held.

8/3/1999:

Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 12.

9/14/1999 6:52pm:

Reported (Amended) by the Committee on Judiciary. H. Rept. 106-320.

9/14/1999 6:52pm:

Placed on the Union Calendar, Calendar No. 190.

9/21/1999 7:43pm:

Rules Committee Resolution H. Res. 295 Reported to House. Rule provides for consideration of H.R. 1875 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be read by section. Bill is open to amendments. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment. The rule provides for the consideration of pro forma amendments and those amendments preprinted in the Congressional Record.

9/23/1999 11:27am:

Rule H. Res. 295 passed House.

9/23/1999 11:37am:

Considered under the provisions of rule H. Res. 295.

9/23/1999 11:37am:

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 295 and Rule XXIII.

9/23/1999 11:37am:

The Speaker designated the Honorable James V. Hansen to act as Chairman of the Committee.

9/23/1999 12:48pm:

H.AMDT.482 Amendment (A001) offered by Mr. Nadler.
Amendment sought to exempt from coverage of the bill any class action that is brought for harm caused by a firearm or ammunition.

9/23/1999 1:04pm:

H.AMDT.483 Amendment (A002) offered by Ms. Jackson-Lee (TX).
Amendment sought to exempt from coverage of the bill any class action that is brought for harm caused by a tobacco product.

9/23/1999 1:51pm:

H.AMDT.484 Amendment (A003) offered by Mr. Watt (NC).
Amendment originally sought to to allow a class action to be removed to a Federal court only after a State court has certified the class. \ As amended by the Boucher substitute amendment (A004), the above was replaced with language which allows named or representative class members to remove to a Federal court prior to the State order certifying the class.

9/23/1999 1:55pm:

H.AMDT.485 Substitute (A004) offered by Mr. Boucher to the Watt (NC) amendment (A003).
See Watt (NC) amendment (A003) for description.

9/23/1999 1:57pm:

H.AMDT.485 On agreeing to the Boucher amendment (A004) Agreed to by voice vote.

9/23/1999 1:58pm:

H.AMDT.484 On agreeing to the Watt (NC) amendment (A003) as amended Agreed to by voice vote.

9/23/1999 1:58pm:

H.AMDT.486 Amendment (A005) offered by Mr. Frank (MA).
Amendment sought to allow a State court to certify a class action after the Federal court to which the case had been removed had failed to act.

9/23/1999 2:28pm:

H.AMDT.487 Amendment (A006) offered by Ms. Waters.
Amendment sought to delay implementation of the bill until the Judicial Conference of the United States certifies that the number of vacancies of Federal judgeships is less that 3 percent.

9/23/1999 3:23pm:

H.AMDT.482 On agreeing to the Nadler amendment (A001) Failed by recorded vote: 152 - 277 (Roll no. 439).

9/23/1999 3:31pm:

H.AMDT.483 On agreeing to the Jackson-Lee (TX) amendment (A002) Failed by recorded vote: 162 - 266 (Roll no. 440).

9/23/1999 3:37pm:

H.AMDT.486 On agreeing to the Frank (MA) amendment (A005) Failed by recorded vote: 202 - 225 (Roll no. 441).

9/23/1999 3:46pm:

H.AMDT.487 On agreeing to the Waters amendment (A006) Failed by recorded vote: 185 - 241 (Roll no. 442).

9/23/1999 3:46pm:

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1875.

9/23/1999 3:47pm:

The previous question was ordered pursuant to the rule.

9/23/1999 3:47pm:

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

9/23/1999 4:04pm:

On passage Passed by recorded vote: 222 - 207 (Roll no. 443).

9/23/1999 4:04pm:

Motion to reconsider laid on the table Agreed to without objection.

9/24/1999:

Received in the Senate.

11/19/1999:

Read twice and referred to the Committee on Judiciary.

Committee/Subcommittee:		Activity:
House Judiciary		Referral, Reporting
Senate Judiciary		Referral

Bill:	Relationship:
H.RES.295	Rule related to H.R.1875 in House

1. H.AMDT.482 to H.R.1875 Amendment sought to exempt from coverage of the bill any class action that is brought for harm caused by a firearm or ammunition.
Sponsor: Rep Nadler, Jerrold - Latest Major Action: 9/23/1999 House amendment not agreed to

2. H.AMDT.483 to H.R.1875 Amendment sought to exempt from coverage of the bill any class action that is brought for harm caused by a tobacco product.
Sponsor: Rep Jackson-Lee, Sheila - Latest Major Action: 9/23/1999 House amendment not agreed to

3. H.AMDT.484 to H.R.1875 Amendment originally sought to to allow a class action to be removed to a Federal court only after a State court has certified the class. \ As amended by the Boucher substitute amendment (A004), the above was replaced with language which allows named or representative class members to remove to a Federal court prior to the State order certifying the class.
Sponsor: Rep Watt, Melvin L. - Latest Major Action: 9/23/1999 House amendment agreed to

4. H.AMDT.485 to H.R.1875 See Watt (NC) amendment (A003) for description.
Sponsor: Rep Boucher, Rick - Latest Major Action: 9/23/1999 House amendment agreed to

5. H.AMDT.486 to H.R.1875 Amendment sought to allow a State court to certify a class action after the Federal court to which the case had been removed had failed to act.
Sponsor: Rep Frank, Barney - Latest Major Action: 9/23/1999 House amendment not agreed to

6. H.AMDT.487 to H.R.1875 Amendment sought to delay implementation of the bill until the Judicial Conference of the United States certifies that the number of vacancies of Federal judgeships is less that 3 percent.
Sponsor: Rep Waters, Maxine - Latest Major Action: 9/23/1999 House amendment not agreed to

Rep Armey, Richard K. - 5/19/1999	Rep Bachus, Spencer - 7/16/1999
Rep Barr, Bob - 5/19/1999	Rep Bartlett, Roscoe G. - 7/16/1999
Rep Biggert, Judy - 7/16/1999	Rep Bliley, Tom - 5/19/1999
Rep Bono, Mary - 5/19/1999	Rep Boucher, Rick - 5/19/1999
Rep Bryant, Ed - 5/19/1999	Rep Canady, Charles T. - 5/19/1999
Rep Cannon, Chris - 5/19/1999	Rep Chabot, Steve - 5/19/1999
Rep Cox, Christopher - 5/19/1999	Rep Cramer, Robert E. (Bud) Jr. - 5/19/1999
Rep Davis, Thomas M. - 7/16/1999	Rep DeLay, Tom - 5/19/1999
Rep Dreier, David - 5/19/1999	Rep Gallegly, Elton - 5/19/1999
Rep Gekas, George W. - 5/19/1999	Rep Goode, Virgil H., Jr. - 5/19/1999
Rep Goss, Porter J. - 7/16/1999	Rep Holden, Tim - 5/19/1999
Rep Hutchinson, Asa - 5/19/1999	Rep Hyde, Henry J. - 5/19/1999
Rep John, Christopher - 5/19/1999	Rep Johnson, Nancy L. - 5/19/1999
Rep Linder, John - 5/19/1999	Rep McCollum, Bill - 5/19/1999
Rep Miller, Gary - 7/16/1999	Rep Moran, James P. - 5/19/1999
Rep Oxley, Michael G. - 5/19/1999	Rep Rogan, James E. - 5/19/1999
Rep Sensenbrenner, James, Jr. - 5/19/1999	Rep Smith, Lamar - 5/19/1999
Rep Stenholm, Charles W. - 5/19/1999	Rep Sununu, John E. - 5/19/1999
Rep Upton, Fred - 5/19/1999

Interstate Class Action Jurisdiction Act of 1999 - Grants the district courts original jurisdiction of any civil action which is brought as a class action in which any member of a proposed plaintiff class is: (1) a citizen of a State different from any defendant; (2) a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a citizen or subject of a foreign state.

Prohibits the district courts from exercising jurisdiction over: (1) a civil action if the action is an intrastate case, a limited scope case, or a State action case; (2) any claim concerning a covered security; and (3) any class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which such enterprise is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.

Provides that, for purposes of a determination of diversity of citizenship, a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.

(Sec. 4) Allows a class action to be removed to a U.S. district court, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by: (1) any defendant without the consent of all defendants; or (2) any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Specifies that this section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered.

Makes provisions relating to a defendant removing a case applicable to a plaintiff removing a case under this section. Specifies that the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member of the initial written notice of the class action provided at the court's direction. Makes this section inapplicable to any: (1) claim concerning a covered security; and (2) class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which it is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.

Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of a copy of an amended paper from which it may first be ascertained (current law) by exercising due diligence that the case is one which is or has become removable, with an exception.

Requires the court to dismiss the action if, after removal, it determines that no aspect of an action that is subject to its jurisdiction solely under this Act may be maintained as a class action under rule 23 of the Federal Rules of Civil Procedure. Permits an action so dismissed to be amended and filed again in a State court, but allows any such re-filed action to be removed again if it is an action of which the U.S. district courts have original jurisdiction. Specifies that in any action dismissed pursuant to this section that is re-filed by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the period of limitations on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. Deems the limitations periods on any claims that were asserted in a class action dismissed pursuant to this section that are subsequently asserted in an individual action to be tolled for the period during which the dismissed class action was pending.

Directs the Comptroller General of the United States to conduct a study of the impact of this Act on the workload of the Federal courts and report to Congress.