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[Journal of the House of Representatives, 1995]
[Wednesday, March 8, 1995 (40), Para 40.20 Recorded Vote]
[Page 349]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.40.20  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
```