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HR 1058 104th Congress House Finance and Financial Sector Accounting Accounting and auditing Administrative procedure Administrative remedies Alternative dispute resolution Auditing Brokers Business records Citizen lawsuits Civil procedure Class actions (Civil procedure) Commerce Conflict of interests Congress Congressional reporting requirements Crime and Law Enforcement Damages Discovery (Law) Evidence (Law)

Private Securities Litigation Reform Act of 1995

Introduced: February 27, 1995 See on congress.gov
 Everywhere this bill has been 50 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Dec 22, 1995
Veto message considered by Senate by Unanimous Consent. (consideration: CR S19146-19154)
Dec 22, 1995
Became Public Law No: 104-67.
Dec 22, 1995
Passed Senate over veto: Passed Senate over veto by Yea-Nay Vote. 68-30. Record Vote No: 612.(consideration: CR S19180)
Dec 22, 1995
Message on Senate action sent to the House.
Dec 22, 1995
Passed Senate over veto by Yea-Nay Vote. 68-30. Record Vote No: 612. (consideration: CR S19180)
Dec 21, 1995
Veto message received in Senate. Held at the desk.
Dec 20, 1995
Two-thirds of the Members present having voted in the affirmative the bill is passed, the objections of the President to the contrary notwithstanding. Passed by the Yeas and Nays (2/3 required): 319 - 100, 1 Present (Roll No. 870). (consideration: CR H15215-15224)
Dec 20, 1995
The Chair laid before the House the veto message from the President.
Dec 20, 1995
The Chair announced that the message of the President would be spread at large upon the pages of the Journal and that the veto message and the bill be printed as a House Document
Dec 20, 1995
Passed House over veto: Two-thirds of the Members present having voted in the affirmative the bill is passed, the objections of the President to the contrary notwithstanding. Passed by the Yeas and Nays (2/3 required): 319 - 100, 1 Present (Roll No. 870).(consideration: CR H15215-15224)
Dec 20, 1995
DEBATE - The House proceeded with one hour of debate on question of passage of the bill, the objections of the President to the contrary notwithstanding.
Dec 19, 1995
Vetoed by President. (consideration: CR 12/20/95 H15214-15215)
Dec 19, 1995
Vetoed by President.(consideration: CR 12/20/95 H15214-15215)
Dec 19, 1995
Mr. Thomas asked unanimous consent That if the Chair lays before the House a veto message from the President on the bill H.R. 1058 today--that the objections of the President be spread at large upon the Journal and that the message and bill be ordered printed as a House Document; and that consideration of the veto message be postponed until Wednesday, December 20, 1995. Agreed to without objection.
Dec 19, 1995
Mr. Thomas asked unanimous consent that if the Chair lays before the House a veto message from the President on the bill today, that the message of the President be spread at large upon the pages of the Journal; that the message and accompanying papers be printed as a House Document; and that further consideration of the veto message be postponed until Wednesday, December 20, 1995. Agreed to without objection.
Dec 7, 1995
Presented to President.
Dec 6, 1995
Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 320 - 102, 1 Present (Roll no. 839).(consideration: CR H14039-14055)
Dec 6, 1995
On agreeing to the conference report Agreed to by the Yeas and Nays: 320 - 102, 1 Present (Roll no. 839). (consideration: CR H14039-14055)
Dec 6, 1995
Motion to reconsider laid on the table Agreed to without objection.
Dec 6, 1995
The previous question was ordered without objection.
Dec 6, 1995
DEBATE - The House proceeded with one hour of debate on the conference report.
Dec 6, 1995
Mr. Bliley brought up conference report H. Rept. 104-369 for consideration as a privileged matter.
Dec 6, 1995
Rule H. Res. 290 passed House.
Dec 6, 1995
Message on Senate action sent to the House.
Dec 5, 1995
Rules Committee Resolution H. Res. 290 Reported to House. Rule provides for consideration of the conference report to H.R. 1058. Waiving all points of ordder against the conference report and against its consideration.
Dec 5, 1995
Senate agreed to conference report by Yea-Nay Vote. 65-30. Record Vote No: 589. (consideration: CR S17997)
Dec 5, 1995
Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 65-30. Record Vote No: 589.(consideration: CR S17997)
Dec 5, 1995
Conference report considered in Senate. By Unanimous Consent.
Nov 29, 1995
Conference papers: Senate report and managers' statement held at the desk in Senate.
Nov 28, 1995
Conference report H. Rept. 104-369 filed. (text of conference report: CR H13692-13699)
Nov 28, 1995
Conference report filed: Conference report H. Rept. 104-369 filed.(text of conference report: CR H13692-13699)
Nov 28, 1995
Conferees agreed to file conference report.
Nov 28, 1995
Conference committee actions: Conferees agreed to file conference report.
Nov 18, 1995
Message on Senate action sent to the House.
Nov 17, 1995
Senate insists on its amendments agrees to request for a conference, appoints conferees D'Amato; Gramm; Bennett; Grams; Domenici; Sarbanes; Dodd; Kerry; Bryan. (consideration: CR S17361-17362)
Oct 25, 1995
Message on House action received in Senate and at the desk: House requests a conference.
Oct 24, 1995
The Speaker appointed conferees - from the Committee on Commerce for consideration of the House bill, and the Senate amendment, and modifications committed to conference: Bliley, Tauzin, Fields (TX), Cox, White, Dingell, Markey, Bryant (TX), and Eshoo.
Oct 24, 1995
The Speaker appointed additional conferees - from the Committee on the Judiciary for consideration of the House bill, and the Senate amendment, and modifications committed to conference: Hyde, McCollum, and Conyers.
Oct 24, 1995
Motion to reconsider laid on the table Agreed to without objection.
Oct 24, 1995
On motion that the House disagree to the Senate amendments, and request a conference Agreed to without objection. (consideration: CR H10690)
Oct 24, 1995
Mr. Bliley asked unanimous consent that the House disagree to the Senate amendments, and request a conference.
Jun 29, 1995
Message on Senate action sent to the House.
Jun 28, 1995
Passed Senate in lieu of S. 240 with an amendment and an amendment to the Title by Yea-Nay Vote. 69-30. Record Vote No: 295.
Jun 28, 1995
Passed/agreed to in Senate: Passed Senate in lieu of S. 240 with an amendment and an amendment to the Title by Yea-Nay Vote. 69-30. Record Vote No: 295.
Jun 28, 1995
Senate struck all after the Enacting Clause and substituted the language of S. 240 amended.
Jun 28, 1995
Measure laid before Senate by unanimous consent. (consideration: CR S9209-9226)
Jun 28, 1995
Senate Committee on Banking discharged by Unanimous Consent.
Apr 6, 1995
Subcommittee on Securities. Hearings held.
Mar 22, 1995
Subcommittee on Securities. Hearings held.
Mar 10, 1995
Received in the Senate and read twice and referred to the Committee on Banking.
 Votes taken on this bill 4
DateChamberWhat was voted onResultYes–No
Dec 20, 1995 House · vote #870 Passage, objections of the President Notwithstanding Passed 319100 See who voted →
Dec 6, 1995 House · vote #839 On Agreeing to the Conference Report Passed 320102 See who voted →
Mar 9, 1995 House · vote #216 On Passage Passed 32599 See who voted →
Mar 9, 1995 House · vote #215 On Motion to Recommit with Instructions Failed 172251 See who voted →
 Plain-English summary Congressional Research Service

Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee, composed of class members, to direct counsel for the plaintiff class (plaintiff steering committee).

(Sec. 2) Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds.

(Sec. 3) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class.

Revises the guidelines for private class action suits to: (1) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (2) subject a losing party litigant, if certain conditions apply, to liability for the prevailing party's legal fees; and (3) require the court to make a disqualifying conflict of interest determination with respect to a plaintiff's counsel who directly owns or has a beneficial interest in the securities that are the subject of the litigation.

Requires a court to require just and equitable security for the payment of awardable fees and expenses from the attorney for the plaintiff class, the plaintiff class, or both.

Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of recoverable damages per share and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members.

Revises the guidelines for private class action suits to: (1) mandate discharge of a defendant who settles before verdict or judgment from all claims for contribution by nonsettling persons; (2) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (3) grant defendants the right to submit to the jury written interrogatories on the issue of each defendant's state of mind (scienter) at the time the alleged violation occurred.

Prohibits brokers or dealers from soliciting or accepting referral fees for assisting an attorney in obtaining the representation of a customer in any private action.

(Sec. 4) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages.

(Sec. 5) Defines the circumstances ("safe harbor") in which a person shall not be held liable in a private action based on a fraudulent statement with respect to a forward-looking statement (projections or estimates of future events). Prescribes guidelines under which the court shall restrict discovery to the specific issue of the applicability of the "safe harbor."

Directs the Commission to adopt a regulatory framework regarding the making of forward-looking statements that will be deemed to preclude liability under this Act.

(Sec. 6) Amends the Racketeer Influenced and Corrupt Organizations statute to exclude from its purview an action involving fraud in the sale of securities.

(Sec. 7) Amends the Securities Exchange Act of 1934 to include within statutorily mandated audit requirements specified fraud detection and disclosure procedures to be followed by an independent public accountant.

Authorizes the Securities and Exchange Commission to impose civil penalties for willful violations of this Act by an independent public accountant.

What's happening now December 22, 1995

Became Public Law No: 104-67.

 Committees of jurisdiction 4