```

[Journal of the House of Representatives, 1995]
[Friday, August 4, 1995 (109), Para 109.11 Recorded Vote]
[Page 1267]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.109.11  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment, as modified, submitted by Mr. 
CONYERS:

       Page 26, strike line 6 and insert the following:
       ``(c) Commission and Attorney General Review.--
       Page 26, lines 8 and 10, page 27, lines 6 and 9, strike 
     ``Commission'' and insert ``Commission and Attorney 
     General''.
       Page 27, lines 4 and 12, insert ``Commission'' before 
     ``Decision''.
       Page 27, after line 21, insert the following new paragraph:
       ``(5) Attorney general decision.--
       ``(A) Publication.--Not later than 10 days after receiving 
     a verification under this section, the Attorney General shall 
     publish the verification in the Federal Register.
       ``(B) Availability of information.--The Attorney General 
     shall make available to the public all information (excluding 
     trade secrets and privileged or confidential commercial or 
     financial information) submitted by the Bell operating 
     company in connection with the verification.
       ``(C) Comment period.--Not later than 45 days after a 
     verification is published under subparagraph (A), interested 
     persons may submit written comments to the Attorney General, 
     regarding the verification. Submitted comments shall be 
     available to the public.
       ``(D) Determination.--After the time for comment under 
     subparagraph (C) has expired, but not later than 90 days 
     after receiving a verification under this subsection, the 
     Attorney General shall issue a written determination, with 
     respect to approving the verification with respect to the 
     authorization for which the Bell operating company has 
     applied. If the Attorney General fails to issue such 
     determination in the 90-day period beginning on the date the 
     Attorney General receives such verification, the Attorney 
     General shall be deemed to have issued a determination 
     approving such verification on the last day of such period.
       ``(E) Standard for decision.--The Attorney General shall 
     approve such verification unless the Attorney General finds 
     there is a dangerous probability that such company or its 
     affiliates would successfully use market power to 
     substantially impede competition in the market such company 
     seeks to enter.
       ``(F) Publication.--Not later than 10 days after issuing a 
     determination under subparagraph (E), the Attorney General 
     shall publish a brief description of the determination in the 
     Federal Register.
       ``(G) Finality.--A determination made under subparagraph 
     (E) shall be final unless a petition with respect to such 
     determination is timely filed under subparagraph (H).
       ``(H) Judicial review.--
       ``(i) Filing of petition.--Not later than 30 days after a 
     determination by the Attorney General is published under 
     subparagraph (F), the Bell operating company that submitted 
     the verification, or any person who would be injured in its 
     business or property as a result of the determination 
     regarding such company's engaging in provision of interLATA 
     services, may file a petition for judicial review of the 
     determination in the United States Court of Appeals for the 
     District of Columbia Circuit. The United States Court of 
     Appeals for the District of Columbia shall have exclusive 
     jurisdiction to review determinations made under this 
     paragraph.
       ``(ii) Certification of record.--As part of the answer to 
     the petition, the Attorney General shall file in such court a 
     certified copy of the record upon which the determination is 
     based.
       ``(iii) Consolidation of petitions.--The court shall 
     consolidate for judicial review all petitions filed under 
     this subparagraph with respect to the verification.
       ``(iv) Judgment.--The court shall enter a judgment after 
     reviewing the determination in accordance with section 706 of 
     title 5 of the United States Code. The determination required 
     by subparagraph (E) shall be affirmed by the court only if 
     the court finds that the record certified pursuant to clause 
     (ii) provides substantial evidence for that determination.''
       Page 29, line 8, insert ``and the Attorney General's'' 
     after ``the Commission's''.

It was decided in the

Yeas

151

negative

Nays

271
```