HOUSE OF REPRESENTATIVES

351

1995 T40.22

ble in a private action for any finding, conclusion, or statement expressed in a report

made pursuant to paragraph (3) or (4) of subsection (b), including any rules promulgated

pursuant thereto.

‘‘(d) CIVIL PENALTIES IN CEASE-AND-DESIST

PROCEEDINGS.—If the Commission finds, after

notice and opportunity for hearing in a proceeding instituted pursuant to section 21C of

this title, that an independent public accountant has willfully violated paragraph (3)

or (4) of subsection (b) of this section, then

the Commission may, in addition to entering

an order under section 21C, impose a civil

penalty against the independent public accountant and any other person that the Commission finds was a cause of such violation.

The determination whether to impose a civil

penalty, and the amount of any such penalty, shall be governed by the standards set

forth in section 21B of this title.

‘‘(e) PRESERVATION OF EXISTING AUTHORITY.—Except for subsection (d), nothing in

this section limits or otherwise affects the

authority of the Commission under this

title.

‘‘(f) DEFINITIONS.—As used in this section,

the term ‘illegal act’ means any action or

omission to act that violates any law, or any

rule or regulation having the force of law.’’.

‘‘(b) EFFECTIVE DATES.—As to any registrant that is required to file selected quarterly financial data pursuant to item 302(a)

of Regulation S–K (17 CFR 229.302(a)) of the

Securities and Exchange Commission, the

amendments made by subsection (a) of this

section shall apply to any annual report for

any period beginning on or after January 1,

1996. As to any other registrant, such amendment shall apply for any period beginning on

or after January 1, 1997.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

Mr. MARKEY moved to recommit

the bill to the Committee on Commerce with instructions to report the

bill back to the House forthwith with

the following amendments:

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

the following:

‘‘(c) AWARD 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 compliant 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 of 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 (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, non appealable 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 purpose 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

kind and quality of services furnished.

Page 28, line 12, insert before the period

the following: ‘‘, except that this Act and the

amendments made by this Act shall not

apply to any action commenced by any State

or local government, or any agency or instrumentality of any State or local government, before the date which is 3 years after

such date of enactment.’’.

After debate,

By unanimous consent, the previous

question was ordered on the motion to

recommit with instructions.

The question being put, viva voce,

Will the House recommit said bill

with instructions?

The SPEAKER pro tempore, Mr.

MCINNIS, announced that the nays had

it.

Mr. MARKEY demanded a recorded

vote on agreeing to said motion, which

demand was supported by one-fifth of a

quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

Yeas ....... 172

It was decided in the Nays ...... 251 ! negative ....................... Answered

present 1

T40.22 [Roll No. 215]

AYES—172

Abercrombie

Ackerman

Andrews

Baldacci

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Bevill

Bishop

Bonior

Borski

Boucher

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Chapman

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Conyers

Costello

Coyne

Cramer

de la Garza

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Dooley

Doyle

Duncan

Durbin

Edwards

Engel

Eshoo

Evans

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Frost

Furse

Gejdenson

Gephardt

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hall (TX)

Hamilton

Hastings (FL)

Hilliard

Hinchey

Holden

Hoyer

Jackson-Lee

Jacobs

Jefferson

Johnson (SD)

Johnson, E. B.

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

King

Kleczka

Klink

LaFalce

Lantos

Laughlin

Levin

Lewis (GA)

Lincoln

Lipinski

Lofgren

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McDermott

McHale

McNulty

Meehan

Menendez

Mfume

Miller (CA)

Mineta

Mink

Moakley

Mollohan

Moran

Murtha

Nadler

Oberstar

Obey

Olver

Ortiz

Owens

Pallone

Pastor

Payne (NJ)

Pelosi

Peterson (FL)

Pomeroy

Poshard

Rahall

Reed

Reynolds

Rivers

Roemer

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Serrano

Skaggs

Spratt

Stark

Stokes

Studds

Stupak

Tanner

Taylor (MS)

Tejeda

Thompson

Thornton

Thurman

Torres

Torricelli

Towns

Traficant

Tucker

Vento

Visclosky

Volkmer

Waters

Watt (NC)

Waxman

Williams

Wise

Woolsey

Wyden

Wynn

Yates

NOES—251

Allard

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bilirakis

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Brewster

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Collins (GA)

Combest

Condit

Cooley

Cox

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

Deal

DeLay

Diaz-Balart

Dickey

Doolittle

Dornan

Dreier

Dunn

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Farr

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hancock

Hansen

Harman

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hobson

Hoekstra

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kasich

Kelly

Kim

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Lazio
JOURNAL OF THE

352

T40.23 MARCH 8

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

Molinari

Montgomery

Moorhead

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

Richardson

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Sisisky

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stenholm

Stockman

Stump

Talent

Tate

Tauzin

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Upton

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Ward

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wilson

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

ANSWERED ‘‘PRESENT’’—1

Lowey

NOT VOTING—10

Bilbray

Gibbons

Hoke

Johnston

McDade

McKinney

Meek

Neal

Rangel

Vela ́zquez

So the motion to recommit with instructions was not agreed to.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

MCINNIS, announced that the yeas had

it.

Mr. MARKEY demanded a recorded

vote on passage of said bill, which demand was supported by one-fifth of a

quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

Yeas ....... 325

It was decided in the Nays ...... 99 ! affirmative ................... Answered

present 1

T40.23 [Roll No. 216]

AYES—325

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Bateman

Bentsen

Bereuter

Bevill

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Brewster

Browder

Brown (OH)

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clement

Clinger

Coble

Coburn

Collins (GA)

Combest

Condit

Cooley

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeLauro

DeLay

Deutsch

Diaz-Balart

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Edwards

Ehlers

Ehrlich

Emerson

English

Ensign

Eshoo

Everett

Ewing

Farr

Fawell

Fazio

Fields (LA)

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Furse

Gallegly

Ganske

Gejdenson

Gekas

Geren

Gilchrest

Gillmor

Gilman

Gingrich

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutknecht

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Johnson (CT)

Johnson, E. B.

Johnson, Sam

Jones

Kasich

Kelly

Kennedy (RI)

Kennelly

Kim

King

Kingston

Kleczka

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

LoBiondo

Lofgren

Longley

Lucas

Maloney

Manzullo

Martini

McCarthy

McCollum

McCrery

McHale

McHugh

McInnis

McIntosh

McKeon

McNulty

Meehan

Menendez

Metcalf

Meyers

Mica

Miller (FL)

Mineta

Minge

Molinari

Montgomery

Moran

Morella

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Olver

Ortiz

Orton

Oxley

Packard

Pallone

Parker

Paxon

Payne (VA)

Peterson (FL)

Peterson (MN)

Petri

Pickett

Pombo

Porter

Portman

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Richardson

Riggs

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Royce

Rush

Sabo

Salmon

Sanford

Sawyer

Saxton

Scarborough

Schaefer

Schiff

Schroeder

Schumer

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stenholm

Stockman

Stump

Talent

Tanner

Tate

Tauzin

Taylor (NC)

Tejeda

Thomas

Thornberry

Thornton

Tiahrt

Torkildsen

Torricelli

Towns

Traficant

Upton

Vento

Visclosky

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Ward

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wilson

Wolf

Wyden

Young (AK)

Young (FL)

Zeliff

Zimmer

NOES—99

Abercrombie

Becerra

Beilenson

Berman

Bonior

Borski

Boucher

Brown (CA)

Brown (FL)

Bryant (TX)

Clay

Clayton

Clyburn

Collins (IL)

Collins (MI)

Conyers

Costello

Coyne

DeFazio

Dellums

Dicks

Dingell

Dixon

Doggett

Durbin

Engel

Evans

Fattah

Filner

Flake

Foglietta

Ford

Gephardt

Gonzalez

Gutierrez

Hall (OH)

Hastings (FL)

Hilliard

Hinchey

Jacobs

Jefferson

Johnson (SD)

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kildee

Klink

LaFalce

Lantos

Levin

Lewis (GA)

Luther

Manton

Markey

Martinez

Mascara

Matsui

McDermott

Mfume

Miller (CA)

Mink

Moakley

Mollohan

Murtha

Nadler

Obey

Owens

Pastor

Payne (NJ)

Pelosi

Pomeroy

Poshard

Rahall

Reed

Reynolds

Rivers

Roybal-Allard

Sanders

Scott

Serrano

Stark

Stokes

Studds

Stupak

Taylor (MS)

Thompson

Thurman

Torres

Tucker

Velazquez

Waters

Watt (NC)

Waxman

Williams

Wise

Woolsey

Wynn

Yates

ANSWERED ‘‘PRESENT’’—1

Lowey

NOT VOTING—10

Bilbray

Coleman

Dickey

Gibbons

McDade

McKinney

Meek

Moorhead

Neal

Rangel

So the bill was passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T40.24 CLERK TO CORRECT ENGROSSMENT

On motion of Mr. FIELDS of Texas,

by unanimous consent,

Ordered, That in the engrossment of

the foregoing bill, the Clerk be authorized to correct section numbers, punctuation, cross references, and to make

other technical corrections.

T40.25 PROVIDING FOR THE

CONSIDERATION OF H.R. 956

Mr. LINDER, by direction of the

Committee on Rules, called up the following resolution (H. Res. 108):

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule XXIII, declare the

House resolved into the Committee of the

Whole House on the state of the Union for

consideration of the bill (H.R. 956) to establish legal standards and procedures for

produce liability litigation, and for other

purposes. The first reading of the bill shall

be dispensed with. General debate shall be

confined to the bill and shall not exceed two

hours equally divided among and controlled

by the chairmen and ranking minority members of the Committee on the Judiciary and

the Committee on Commerce. After general

debate the Committee of the Whole shall rise

without motion. No further consideration of

the bill shall be in order except pursuant to

a subsequent order of the House.

When said resolution was considered.

After debate,

By unanimous consent, the previous

question was ordered on the resolution

to its adoption or rejection and under

the operation thereof, the resolution

was agreed to.

A motion to reconsider the vote

whereby said resolution was agreed to

was, by unanimous consent, laid on the

table.

T40.26 PROVIDING FOR THE

CONSIDERATION OF H.R. 956

Mr. LINDER, by direction of the

Committee on Rules, reported (Rept.

No. 104–72) the resolution (H. Res. 109)

providing for the further consideration