[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 741 Reported in House (RH)]






                                                  Union Calendar No. 29
109th CONGRESS
  1st Session
                                H. R. 741

                          [Report No. 109-50]

To amend the Occupational Safety and Health Act of 1970 to provide for 
judicial deference to conclusions of law determined by the Occupational 
Safety and Health Review Commission with respect to an order issued by 
                            the Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2005

 Mr. Norwood (for himself, Mr. Boehner, Mr. Sam Johnson of Texas, Mr. 
   McKeon, Mr. Ehlers, Mrs. Biggert, Mr. Keller, Mr. Wilson of South 
   Carolina, Mr. Kline, Mr. Paul, and Mr. Neugebauer) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

                             April 21, 2005

Additional sponsors: Mr. Fortuno, Mrs. Drake, Mr. Pitts, Mr. Hall, Mr. 
   Price of Georgia, Mr. Marchant, Mr. Sullivan, Mrs. Musgrave, Mr. 
Boustany, Mr. Barrett of South Carolina, Mr. Souder, Ms. Foxx, and Mr. 
                            Kuhl of New York

                             April 21, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [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 
judicial deference to conclusions of law determined by the Occupational 
Safety and Health Review Commission with respect to an order issued by 
                            the Commission.

    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 Independent Review of OSHA Citations Act of 2005''.</DELETED>

<DELETED>SEC. 2. JUDICIAL DEFERENCE.</DELETED>

<DELETED>    Section 11(a) of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 660(a)) is amended in the sixth sentence by inserting 
before the period the following: ``, and with respect to such record, 
the conclusions of the Commission with respect to questions of law that 
are subject to agency deference under governing court precedent shall 
be given deference if reasonable''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Occupational Safety and Health 
Independent Review of OSHA Citations Act of 2005''.

SEC. 2. INDEPENDENT REVIEW.

    Section 11(a) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 660) is amended by adding at the end the following: ``The 
conclusions of the Commission with respect to all questions of law that 
are subject to agency deference under governing court precedent shall 
be given deference if reasonable.''.




                                                  Union Calendar No. 29

109th CONGRESS

  1st Session

                               H. R. 741

                          [Report No. 109-50]

_______________________________________________________________________

                                 A BILL

To amend the Occupational Safety and Health Act of 1970 to provide for 
judicial deference to conclusions of law determined by the Occupational 
Safety and Health Review Commission with respect to an order issued by 
                            the Commission.

_______________________________________________________________________

                             April 21, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed