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Under clause 8 of rule XVIII, proposed amendments were submitted as follows:
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.
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
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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.''.
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.''.
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.''.
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.
Offered by: Mr. Watt of North Carolina
AMENDMENT NO. 7: Page 7, line 10, strike ``before or''.
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''.
Offered by: Ms. Jackson-Lee of Texas
AMENDMENT NO. 2: Page 4, line 14, insert ``in inner-city areas and'' after ``health services''.
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