16 (but only during the tenure of such trustee or similar appointee). "(C) The term 'small investor' means a natural person who, at the time the cause of action arises, either "(i)(I) owned securities, excluding securities constituting investments in pooled investment funds that invest substantially all their assets in short-term debt instruments and maintain a stable net asset value or in United States debt instru ments, valued at less than or equal to the small investor portfolio threshold; or "(II) owned commodities contracts valued at less than or equal to the small investor portfolio threshold; or "(ii) was a member of a household with an annual income of less than or equal to the United States median household income. "(D) The term 'small investor portfolio threshold' means $100,000 for the period beginning on the date of enactment of this Act, continuing through the first full calendar year after the date of enactment of this subsection. For each calendar year after the first full calendar year after enactment, the small investor 17 1 threshold shall be increased annually by a percentage 2 3 equal to the increase in the Consumer Price Index. 4 shall not abate on the death of the plaintiff or defendant, but 5 shall survive and be enforceable by and against his estate and 6 by and against surviving plaintiffs or defendants. 7 "(B) An action or proceeding under this subsection shall 8 survive and be enforceable against a receiver in bankruptcy 9 but only to the extent of actual damages or other relief. 10 "(12) In a civil action under this subsection in which the 11 complaint does not allege a crime of violence as a predicate 23 24 "(A) the term 'racketeer' or the term ‘organized crime' shall not be used in referring to any party; and "(B) the terms used to define conduct in violation. of section 1962 of this title shall be referred to as follows: "(i) 'racketeering activity' as defined in section 1961(1), shall be referred to as 'unlawful activity'; and "(ii) 'pattern of racketeering activity', as defined in section 1961(5), of this title, shall be re ferred to as 'pattern of unlawful activity'. "(13)(A) Except as provided in paragraph (14) of this 25 subsection, no action or proceeding may be brought under HR 4920 IH 18 1 this subsection by a person, if the elements of the pattern of 2 racketeering activity involve primarily— 3 4 5 6 7 "(i) decedents estates; "(ii) domestic relations; "(iii) a landlord-tenant dispute. "(iv) products liability; "(B) No action or proceeding may be brought under this 8 subsection by a person in connection with and during a labor 9 dispute. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 "(C) For the purposes of this paragraph "(i) the term 'decedents estates' means will, bank account trusts, testamentary trusts, revocable trusts that become irrevocable upon death of grantor, or intestate succession; "(ii) the term 'domestic relations' means divorce, separation, custody, support, or adoption; "(iii) the term 'labor dispute' means any labor dispute meeting the definition of a labor dispute under section 13(c) of the Anti-Injunction Act of 1932 (29 U.S.C. 113); "(iv) the term 'landlord-tenant disputes' means any dispute concerning the terms of fulfillment of a contract arising out of the relation where one person occupies the premises of another with his permission in 1 2 3 4 5 6 7 19 subordination to the other's interest in the premises; and "(v) the term 'products liability' means the liability of manufacturers or sellers to compensate buyers, users, or others for any damages suffered because of manufacturing or packaging defects in goods sold. "(14)(A) Any attorney general of a State may bring an 8 action or proceeding under this subsection in the name of the 9 State, as parens patriae, on behalf of individuals residing in 10 the State, in an appropriate United States district court. The 11 court shall exclude from the amount of monetary relief 12 awarded in the action or proceeding any amount of monetary 13 relief 14 15 16 17 18 19 "(i) which duplicates amounts which have been awarded for the same claim; or "(ii) which is properly allocable to natural persons who have excluded their claims pursuant to this sub section and any business entity. “(B)(i) In any action or proceeding brought under this 20 paragraph, the State attorney general shall, at such times, in 21 such manner, and with such content as the court may direct, 22 cause notice of it to be given by publication. If the court finds 23 that notice given solely by publication would deny due proc24 ess of law to any person, the court may direct further notice 25 to such person according to the circumstances of the case. HR 4920 IH 20 1 "(ii) Any person on whose behalf an action or proceed2 ing is brought under this paragraph may elect to exclude 3 from adjudication the portion of the State claim for monetary 4 or other relief attributable to him by filing notice of such time 5 as specified in the notice given under this subsection. 6 "(iii) Any final judgment or decree in any action or pro7 ceeding under this paragraph shall preclude any separate 8 issue or claim under this subsection by any person on behalf 9 of whom such action was brought and who fails to give such 10 notice within the period specified in the notice given under 11 this subsection. 12 "(C) Any action or proceeding under this paragraph 13 shall not be dismissed or compromised without the approval 14 of the court, and notice of any proposed dismissal or compro15 mise shall be given in such manner as the court directs. 16 "(D) In any action or proceeding under this para17 graph 18 19 20 21 22 23 24 “(i) the amount of the plaintiffs' attorney's fee, if any, shall be determined by the court; and "(ii) the court may, in its discretion, award a reasonable attorney's fee to a prevailing defendant upon a finding that the State attorney general has acted in bad faith, frivolously, vexatiously, wantonly, or for an im proper or oppressive reason. |