To amend the definition of class action in title 28, United States Code, to exclude class actions relating to civil rights or the payment of wages.

SA 2. Mr. KENNEDY (for himself, Ms. Cantwell, Mr. Biden, Mr. Leahy,
Mr. Corzine, Mrs. Murray, Ms. Mikulski, and Mr. Feingold) submitted an
amendment intended to be proposed by him to the bill S. 5, to amend the
procedures that apply to consideration of interstate class actions to
assure fairer outcomes for class members and defendants, and for other
purposes; which was ordered to lie on the table; as follows:

On page 15, strike lines 3 through 7, and insert the
following:
``(B) the term `class action'--
``(i) means any civil action filed under rule 23 of the
Federal Rules of Civil Procedure or similar State statute or
rule of judicial procedure authorizing an action to be
brought by 1 or more representative persons as a class
action; and
``(ii) does not include--
``(I) any class action brought under a State or local civil
rights law prohibiting discrimination on the basis of race,
color, religion, sex, national origin, age, disability, or
other classification specified in that law; or
``(II) any class action or collective action brought to
obtain relief under State or local law for failure to pay the
minimum wage, overtime pay, or wages for all time worked,
failure to provide rest or meal breaks, or unlawful use of
child labor;
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