Page:United States Statutes at Large Volume 90 Part 2.djvu/608

 90 STAT. 2076

PUBLIC LAW 94-477—OCT. 11, 1976 "(d) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or at common law to seek enforcement of this Act or any order or regulation under this Act or to seek any other relief. "(e) In any action under this section the court may, in the interest of justice, award the costs of suit, including reasonable attorney's fees and reasonable expert witnesses fees, to a prevailing plaintiff. Such court may, in the interest of justice, award such costs to a prevailing defendant whenever such action is unreasonable, frivolous, or meritless. For purposes of this subsection a reasonable attorney's fee is a fee (1) which is based upon (A) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this section, and (B) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (2) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee. "(f) For purposes of this section, a violation of any safety standard or practice of any State shall be deemed to be a violation of this Act or of any order or regulation under this Act only to the extent that such standard or practice is not more stringent than the comparable Federal minimum safety standard." Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1050 (Comm. on Interstate and Foreign Commerce) and No. 94-1660 (Comm. of Conference). SENATE REPORT No. 94-852 accompanying S. 2042 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 3, considered and passed House. July 30, considered and passed Senate, amended, in lieu of S. 2042. Sept. 27, House receded and concurred with amendment to Senate amendment. Sept. 28, Senate concurred in House amendment.

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