[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2731 Reported in House (RH)]


108th CONGRESS
  2d Session
                                H. R. 2731

                      [Report No. 108-489, Part I]

To amend the Occupational Safety and Health Act of 1970 to provide for 
  the award of attorney's fees and costs to very small employers when 
they prevail in litigation prompted by the issuance of citations by the 
             Occupational Safety and Health Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2003

 Mr. Norwood introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

                              May 13, 2004

  Additional sponsors: Mr. Boehner, Mrs. Biggert, Mr. Ballenger, Mr. 
   Hoekstra, Mr. Keller, Mr. Kline, Mrs. Blackburn, Mr. Isakson, Mr. 
    Schrock, Mr. Akin, Mr. Chocola, Mrs. Musgrave, Mr. Toomey, Mr. 
  Beauprez, Mr. DeMint, Mr. Sullivan, Mr. Franks of Arizona, Mr. Sam 
 Johnson of Texas, Mr. Wilson of South Carolina, Mr. McKeon, Mr. Paul, 
              Mr. Otter, and Mr. Barrett of South Carolina

                              May 13, 2004

    Reported with an amendment and referred to the Committee on the 
    Judiciary for a period ending not later than May 17, 2004, for 
  consideration of such provisions of the bill and amendment as fall 
within the jurisdiction of that committee pursuant to clause 1(k), rule 
                                   X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Occupational Safety and Health Act of 1970 to provide for 
  the award of attorney's fees and costs to very small employers when 
they prevail in litigation prompted by the issuance of citations by the 
             Occupational Safety and Health Administration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Occupational Safety and 
Health Small Employer Access to Justice Act of 2003''.</DELETED>

<DELETED>SEC. 2. AWARD OF ATTORNEY'S FEES AND COSTS.</DELETED>

<DELETED>    The Occupational Safety and Health Act of 1970 (29 U.S.C. 
651 and following) is amended by redesignating section 32 through 34 as 
33 through 35 and inserting the following new section after section 
31:</DELETED>

<DELETED>``SEC. 32. AWARD OF ATTORNEYS' FEES AND COSTS.</DELETED>

<DELETED>    ``(a) Administrative Proceedings.--An employer who--
</DELETED>
        <DELETED>    ``(1) is the prevailing party in any adversary 
        adjudication instituted under this Act, and</DELETED>
        <DELETED>    ``(2) had not more than 100 employees and a net 
        worth of not more than $1,500,000 at the time of the adversary 
        adjudication was initiated,</DELETED>
<DELETED>shall be awarded fees and other expenses as a prevailing party 
under section 504 of title 5, United States Code, in accordance with 
the provisions of that section, but without regard to whether the 
position of the Secretary was substantially justified or special 
circumstances make an award unjust. For purposes of this section the 
term `adversary adjudication' has the meaning given that term in 
section 504(b)(1)(C) of title 5, United States Code.</DELETED>
<DELETED>    ``(b) Proceedings.--An employer who--</DELETED>
        <DELETED>    ``(1) is the prevailing party in any proceeding 
        for judicial review of any action instituted under this Act, 
        and</DELETED>
        <DELETED>    ``(2) had not more than 100 employees and a net 
        worth of not more than $1,500,000 at the time the action 
        addressed under subsection (1) was filed,</DELETED>
<DELETED>shall be awarded fees and other expenses as a prevailing party 
under section 2412(d) of title 28, United States Code, in accordance 
with the provisions of that section, but without regard to whether the 
position of the United States was substantially justified or special 
circumstances make an award unjust. Any appeal of a determination of 
fees pursuant to subsection (a) of this subsection shall be determined 
without regard to whether the position of the United States was 
substantially justified or special circumstances make an award 
unjust.</DELETED>
<DELETED>    ``(c) Applicability.--</DELETED>
        <DELETED>    ``(1) Commission proceedings.--Subsection (a) of 
        this section applies to proceedings commenced on or after the 
        date of enactment of this Act.</DELETED>
        <DELETED>    ``(2) Court proceedings.--Subsection (b) of this 
        section applies to proceedings for judicial review commenced on 
        or after the date of enactment of this Act.''.</DELETED>

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Occupational Safety and Health Small 
Business Day in Court Act of 2004''.

SEC. 2. AWARD OF ATTORNEY'S FEES AND COSTS.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 and 
following) is amended by redesignating sections 32 through 34 as 
sections 33 through 35 and inserting the following new section after 
section 31:

``SEC. 32 AWARD OF ATTORNEYS' FEES AND COSTS.

    ``(a) Administrative Proceedings.--An employer who--
            ``(1) is the prevailing party in any adversary adjudication 
        instituted under this Act, and
            ``(2) had not more than 100 employees and a net worth of 
        not more than $7,000,000 at the time of the adversary 
        adjudication was initiated,
shall be awarded fees and other expenses as a prevailing party under 
section 504 of title 5, United States Code, in accordance with the 
provisions of that section, but without regard to whether the position 
of the Secretary was substantially justified or special circumstances 
make an award unjust. For purposes of this section the term `adversary 
adjudication' has the meaning given that term in section 504(b)(1)(C) 
of title 5, United States Code.
    ``(b) Proceedings.--An employer who--
            ``(1) is the prevailing party in any proceeding for 
        judicial review of any action instituted under this Act, and
            ``(2) had not more than 100 employees and a net worth of 
        not more than $7,000,000 at the time the action addressed under 
        subsection (1) was filed,
shall be awarded fees and other expenses as a prevailing party under 
section 2412(d) of title 28, United States Code, in accordance with the 
provisions of that section, but without regard to whether the position 
of the United States was substantially justified or special 
circumstances make an award unjust. Any appeal of a determination of 
fees pursuant to subsection (a) of this subsection shall be determined 
without regard to whether the position of the United States was 
substantially justified or special circumstances make an award unjust.
    ``(c) Applicability.--
            ``(1) Commission proceedings.--Subsection (a) of this 
        section applies to proceedings commenced on or after the date 
        of enactment of this section.
            ``(2) Court proceedings.--Subsection (b) of this section 
        applies to proceedings for judicial review commenced on or 
        after the date of enactment of this section.''.
                                 <all>