HOUSE OF REPRESENTATIVES

349

1995 T40.21

ANSWERED ‘‘PRESENT’’—1

Lowey

NOT VOTING—10

Bartlett

Bilbray

Clay

Gibbons

Hayes

McDade

McKinney

Meek

Neal

Rangel

So the amendment was not agreed to.

After some further time,

T40.20 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment

submitted by Mr. MANTON:

Page 7, beginning on line 19, strike subsection (c) through page 11, line 8, and insert

the following:

‘‘(c) AWARDS OF FEES AND EXPENSES.—

‘‘(1) AUTHORITY TO AWARD FEES AND EXPENSES.—If the court in any private action

arising under this title enters a final judgment against a party litigant on the basis of

a default, a motion to dismiss, motion for

summary judgment, or a trial on the merits,

the court shall, upon motion by the prevailing party, determine whether—

‘‘(A) The complaint or motion is being presented for any improper purpose, such as to

harass or to cause unnecessary delay or

needless increase in the cost of litigation;

‘‘(B) the claims, defenses, and other legal

contentions in the complaint or motion,

taken as a whole, are unwarranted by existing law or by a nonfrivolous argument for

the extension, modification, or reversal of

existing law or the establishment of new law;

‘‘(C) the allegations and other factual contentions in the complaint or motion, taken

as a whole, lack any evidentiary support or

would be likely to lack any evidentiary support after a reasonable opportunity for further investigation or discovery; or

‘‘(D) the denials of factual contentions are

unwarranted on the evidence or are not reasonably based on a lack of information or belief.

‘‘(2) AWARD TO PREVAILING PARTY.—If the

court determines that the losing party has

violated any subparagraph of paragraph (1),

the court shall award the prevailing party

reasonable fees and other expenses incurred

by that party. The determination of whether

the losing party violated any such subparagraph shall be made on the basis of the

record in the civil action for which fees and

other expenses are sought.

‘‘(3) APPLICATION FOR FEES.—A party seeking an award of fees and other expenses

shall, within 30 days of a final, nonappealable judgment in the action, submit to the

court an application for fees and other expenses that verifies that the party is entitled

to such an award under paragraph (1) and the

amount sought, including an itemized statement from any attorney or expert witness

representing or appearing on behalf of the

party stating the actual time expended and

the rate at which fees and other expenses are

computed.

‘‘(4) SANCTIONS AGAINST ATTORNEY.—The

court—

‘‘(A) shall award the fees and expenses

against the attorney for the losing party unless the court determines that the losing

party was principally responsible for the actions described in subparagraph (A), (B), (C),

or (D) of paragraph (1); and

‘‘(B) may, in its discretion, reduce the

amount to be awarded pursuant to this section, or deny an award, to the extent that

the prevailing party during the course of the

proceedings engaged in conduct that unduly

and unreasonably protracted the final resolution of the matter in controversy.

‘‘(5) RULE OF CONSTRUCTION.—Nothing in

this subsection shall be construed to limit or

impair the discretion of the court to award

costs pursuant to other provisions of law.

‘‘(6) DEFINITIONS.—For purposes of this subsection, the term ‘fees and other expenses’

includes the reasonable expenses of expert

witnesses, the reasonable cost of any study,

analysis, report, test, or project which is

found by the court to be necessary for the

preparation of the party’s case, and reasonable attorney fees and expenses. The amount

of fees awarded under this section shall be

based upon prevailing market rates for the

king and quality of services furnished.

Yeas ....... 167

It was decided in the Nays ...... 254 ! negative ....................... Answered

present 1

T40.21 [Roll No. 214]

AYES—167

Ackerman

Baldacci

Barcia

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Bevill

Bishop

Bonior

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Buyer

Cardin

Chapman

Clay

Clayton

Clement

Clyburn

Coburn

Coleman

Collins (IL)

Collins (MI)

Conyers

Costello

Coyne

Cramer

de la Garza

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Doyle

Duncan

Durbin

Edwards

Engel

Eshoo

Evans

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Ford

Fox

Frost

Furse

Gejdenson

Gephardt

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hamilton

Hastings (FL)

Hefner

Hilliard

Hinchey

Holden

Hoyer

Jackson-Lee

Jacobs

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kildee

King

Kleczka

Klink

LaFalce

Lantos

Levin

Lewis (GA)

Lincoln

Lipinski

Lofgren

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McDermott

McHale

McNulty

Meehan

Menendez

Mfume

Miller (CA)

Mineta

Moakley

Mollohan

Murtha

Nadler

Oberstar

Obey

Olver

Ortiz

Owens

Pallone

Pastor

Payne (NJ)

Pelosi

Peterson (FL)

Pomeroy

Poshard

Rahall

Reed

Reynolds

Richardson

Rivers

Rose

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Serrano

Skaggs

Slaughter

Spratt

Stark

Studds

Stupak

Taylor (MS)

Tejeda

Thompson

Thornton

Thurman

Torres

Torricelli

Towns

Traficant

Velazquez

Vento

Visclosky

Ward

Waters

Watt (NC)

Waxman

Wise

Woolsey

Wyden

Wynn

Yates

NOES—254

Abercrombie

Allard

Andrews

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Ballenger

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bilirakis

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Collins (GA)

Combest

Condit

Cooley

Cox

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

Deal

DeLay

Diaz-Balart

Dickey

Dooley

Doolittle

Dornan

Dreier

Dunn

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Farr

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hall (TX)

Hancock

Hansen

Harman

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson (SD)

Johnson, Sam

Jones

Kasich

Kelly

Kennelly

Kim

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

McCollum

McCrery

McHugh

McInnis

McIntosh

McKeon

Metcalf

Meyers

Mica

Miller (FL)

Minge

Mink

Molinari

Montgomery

Moorhead

Moran

Morella

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Orton

Oxley

Packard

Parker

Paxon

Payne (VA)

Peterson (MN)

Petri

Pickett

Pombo

Porter

Portman

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Sisisky

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stenholm

Stockman

Stump

Talent

Tanner

Tate

Tauzin

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Tucker

Upton

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Williams

Wilson

Wolf

Young (AK)

Young (FL)

Zeliff

ANSWERED ‘‘PRESENT’’—1

Lowey

NOT VOTING—12

Archer

Bilbray

Gibbons

Jefferson

McDade

McKinney

Meek

Neal

Rangel

Seastrand

Stokes

Zimmer

So the amendment was not agreed to.

The SPEAKER pro tempore, Mr.

MCINNIS, assumed the Chair.

When Mr. COMBEST, Chairman, pursuant to House Resolution 105, reported

the bill back to the House with sundry

amendments adopted by the Committee.

The previous question having been

ordered by said resolution.

The following amendments, reported

from the Committee of the Whole

House on the state of the Union, were

agreed to:

Page 28, after line 2, insert the following

new section (and redesignate the succeeding

sections and conform the table of contents

accordingly):