[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2731 Reported in House (RH)]
Union Calendar No. 284
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]
May 17, 2004
Committee on the Judiciary discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
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.''.
Union Calendar No. 284
108th CONGRESS
2d Session
H. R. 2731
[Report No. 108-489, Part I]
_______________________________________________________________________
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.
_______________________________________________________________________
May 17, 2004
Committee on the Judiciary discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed