H R 742 in Congressional Session 109

Official Summary

 

Bill Number : H R 742

 

Title : To amend the Occupational Safety and Health Act of 1970 to provide for the award of attorneys' fees and costs to small employers when such employers prevail in litigation prompted by the issuance of a citation by the Occupational Safety and Health Administration.

 

SUMMARY AS OF:
7/12/2005--Passed House without amendment.    (There are 3 other summaries) (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings.Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action). Provides for such awards without regard to whether the position of the Secretary of Labor or the federal government was substantially justified or whether special circumstances make an award unjust.

Votes

Title : To amend the Occupational Safety and Health Act of 1970 to provide for the award of attorneys' fees and costs to small employers when such employers prevail in litigation prompted by the issuance of a citation by the Occupational Safety and Health Administration.
Votes in the US Senate
This Bill was not Voted in the US Senate
Votes in the US House
Roll NumberVote DateQuestionDescriptionVote Result
3722005-07-12On Passage Occupational Safety and Health Small Employer Access to Justice Act of 2005P

Sponsors

 
Congressional Sponsors of H R 742
 
Bill Number : H R 742
Title : To amend the Occupational Safety and Health Act of 1970 to provide for the award of attorneys' fees and costs to small employers when such employers prevail in litigation prompted by the issuance of a citation by the Occupational Safety and Health Administration.
Sponsor: Rep Norwood, Charles W. [GA-9] (introduced 2/10/2005)      
ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Rep Barrett, J. Gresham [SC-3] - 4/6/2005

    Rep Biggert, Judy [IL-13] - 2/10/2005

    Rep Boehner, John A. [OH-8] - 2/10/2005

    Rep Boustany, Charles W., Jr. [LA-7] - 3/16/2005

    Rep Drake, Thelma D. [VA-2] - 3/8/2005

    Rep Ehlers, Vernon J. [MI-3] - 2/10/2005

    Rep Fortuno, Luis G. [PR] - 3/8/2005

    Rep Foxx, Virginia [NC-5] - 4/18/2005

    Rep Hall, Ralph M. [TX-4] - 3/8/2005

    Rep Johnson, Sam [TX-3] - 2/10/2005

    Rep Keller, Ric [FL-8] - 2/10/2005

    Rep Kline, John [MN-2] - 2/10/2005

    Rep Kuhl, John R. "Randy", Jr. [NY-29] - 4/18/2005

    Rep Marchant, Kenny [TX-24] - 3/10/2005

    Rep McKeon, Howard P. "Buck" [CA-25] - 2/10/2005

    Rep Musgrave, Marilyn N. [CO-4] - 3/16/2005

    Rep Neugebauer, Randy [TX-19] - 2/10/2005

    Rep Paul, Ron [TX-14] - 2/10/2005

    Rep Pitts, Joseph R. [PA-16] - 3/8/2005

    Rep Price, Tom [GA-6] - 4/5/2005

    Rep Souder, Mark E. [IN-3] - 4/18/2005

    Rep Sullivan, John [OK-1] - 3/15/2005

    Rep Wilson, Joe [SC-2] - 2/10/2005

    Rep Price, David E. [NC-4] - 3/10/2005
    (withdrawn - 4/6/2005
    )

Other Info

Bill Number : H R 742
Title : To amend the Occupational Safety and Health Act of 1970 to provide for the award of attorneys' fees and costs to small employers when such employers prevail in litigation prompted by the issuance of a citation by the Occupational Safety and Health Administration.
 
 
ALL ACTIONS:
 
2/10/2005:Referred to the House Committee on Education and the Workforce.
 
4/13/2005:Committee Consideration and Mark-up Session Held.
 
4/13/2005:Ordered to be Reported by the Yeas and Nays: 27 - 18.
 
4/27/2005 9:22pm:Reported by the Committee on 109-61, Part I.
 
4/27/2005:Referred sequentially to the House Committee on the Judiciary for a period ending not later than May 6, 2005 for consideration of such provisions of the bill as fall within the jurisdiction of that committee pursuant to clause 1(l), rule X.
 
5/18/2005:Committee Consideration and Mark-up Session Held.
 
5/18/2005:Ordered to be Reported by the Yeas and Nays: 18 - 11.
 
5/6/2005 4:39pm:House Committee on Judiciary Granted an extension for further consideration ending not later than May 20, 2005.
 
5/20/2005 4:33pm:Reported by the Committee on Judiciary. H. Rept. 109-61, Part II.
 
5/20/2005 4:35pm:Placed on the Union Calendar, Calendar No. 46.
 
7/11/2005 6:33pm:Rules Committee Resolution H. Res. 351 Reported to House. Rule provides for consideration of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The rule provides for separate consideration in the House of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. The rule provides one hour of general debate for each bill, equally divided and controlled. The amendments in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in H.R. 740 and H.R. 741, shall be considered as adopted. Measure will be considered read. Bill is closed to amendments. In the engrossment of H.R. 739, the Clerk shall add the texts of H.R. 740, H.R. 741, and H.R. 742, as passed by the House, as new matter at the end of H.R. 739, and then lay on the table H.R. 740, H.R. 741, and H.R. 742. If H.R. 739 is disposed of without reaching the stage of engrossment...
 
7/12/2005 1:46pm:Rule H. Res. 351 passed House.
 
7/12/2005 4:51pm:Considered under the provisions of rule H. Res. 351. (consideration: CR H5698-5706)
 
7/12/2005 4:51pm:Rule provides for consideration of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The rule provides for separate consideration in the House of H.R. 739, H.R. 740, H.R. 741 and H.R. 742. The rule provides one hour of general debate for each bill, equally divided and controlled. The amendments in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in H.R. 740 and H.R. 741, shall be considered as adopted. Measure will be considered read. Bill is closed to amendments. In the engrossment of H.R. 739, the Clerk shall add the texts of H.R. 740, H.R. 741, and H.R. 742, as passed by the House, as new matter at the end of H.R. 739, and then lay on the table H.R. 740, H.R. 741, and H.R. 742. If H.R. 739 is disposed of without reaching the stage of engrossment...
 
7/12/2005 4:51pm:DEBATE - The House proceeded with one hour of debate on H.R. 742.
 
7/12/2005 5:55pm:The previous question was ordered pursuant to the rule. (consideration: CR H5706)
 
7/12/2005 5:56pm:POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 742, the Chair put the question on adoption of the bill and by voice vote, announced that the ayes had prevailed. Mr. Owens demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the bill until later in the legislative day.
 
7/12/2005 6:34pm:Considered as unfinished business. (consideration: CR H5708-5709)
 
7/12/2005 6:42pm:On passage Passed by the Yeas and Nays: 235 - 187 (Roll no. 372). (text: CR H5698-5699)
 
7/12/2005 6:42pm:Motion to reconsider laid on the table Agreed to without objection.
 
7/12/2005 6:42pm:Pursuant to the provisions of H. Res. 351, H.R. 742 is laid on the table.