[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 351 Reported in House (RH)]






                                                  House Calendar No. 60
109th CONGRESS
  1st Session
H. RES. 351

                          [Report No. 109-163]

  Providing for the consideration of the bill (H.R. 739) to amend the 
Occupational Safety and Health Act of 1970 to provide for adjudicative 
  flexibility with regard to the filing of a notice of contest by an 
employer following the issuance of a citation or proposed assessment of 
  a penalty by the Occupational Safety and Health Administration; for 
 consideration of the bill (H.R. 740) to amend the Occupational Safety 
    and Health Act of 1970 to provide for greater efficiency at the 
Occupational Safety and Health Review Commission; for consideration of 
the bill (H.R. 741) 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; and for consideration of the bill 
 (H.R. 742) to amend the Occupational Safety and Health Act of 1970 to 
 provide for the award of attorney's 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2005

Mr. Bishop of Utah, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION


 
  Providing for the consideration of the bill (H.R. 739) to amend the 
Occupational Safety and Health Act of 1970 to provide for adjudicative 
  flexibility with regard to the filing of a notice of contest by an 
employer following the issuance of a citation or proposed assessment of 
  a penalty by the Occupational Safety and Health Administration; for 
 consideration of the bill (H.R. 740) to amend the Occupational Safety 
    and Health Act of 1970 to provide for greater efficiency at the 
Occupational Safety and Health Review Commission; for consideration of 
the bill (H.R. 741) 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; and for consideration of the bill 
 (H.R. 742) to amend the Occupational Safety and Health Act of 1970 to 
 provide for the award of attorney's 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.

    Resolved,  That upon the adoption of this resolution it shall be in 
order without intervention of any point of order to consider in the 
House the bill (H.R. 739) to amend the Occupational Safety and Health 
Act of 1970 to provide for adjudicative flexibility with regard to the 
filing of a notice of contest by an employer following the issuance of 
a citation or proposed assessment of a penalty by the Occupational 
Safety and Health Administration. The bill shall be considered as read. 
The previous question shall be considered as ordered on the bill to 
final passage without intervening motion except: (1) one hour of debate 
on the bill equally divided and controlled by the chairman and ranking 
minority member of the Committee on Education and the Workforce; and 
(2) one motion to recommit.
    Sec. 2. Upon the adoption of this resolution it shall be in order 
without intervention of any point of order to consider in the House the 
bill (H.R. 740) to amend the Occupational Safety and Health Act of 1970 
to provide for greater efficiency at the Occupational Safety and Health 
Review Commission. The bill shall be considered as read. The amendment 
in the nature of a substitute recommended by the Committee on Education 
and the Workforce now printed in the bill shall be considered as 
adopted. The previous question shall be considered as ordered on the 
bill, as amended, to final passage without intervening motion except: 
(1) one hour of debate on the bill, as amended, equally divided and 
controlled by the chairman and ranking minority member of the Committee 
on Education and the Workforce; and (2) one motion to recommit with or 
without instructions.
    Sec. 3. Upon the adoption of this resolution it shall be in order 
without intervention of any point of order to consider in the House the 
bill (H.R. 741) 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. The bill shall be considered as read. 
The amendment in the nature of a substitute recommended by the 
Committee on Education and the Workforce now printed in the bill shall 
be considered as adopted. The previous question shall be considered as 
ordered on the bill, as amended, to final passage without intervening 
motion except: (1) one hour of debate on the bill, as amended, equally 
divided and controlled by the chairman and ranking minority member of 
the Committee on Education and the Workforce; and (2) one motion to 
recommit with or without instructions.
    Sec. 4. Upon the adoption of this resolution it shall be in order 
without intervention of any point of order to consider in the House the 
bill (H.R. 742) to amend the Occupational Safety and Health Act of 1970 
to provide for the award of attorney's 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. The bill shall be considered as read. The previous 
question shall be considered as ordered on the bill to final passage 
without intervening motion except: (1) one hour of debate on the bill 
equally divided and controlled by the chairman and ranking minority 
member of the Committee on Education and the Workforce; and (2) one 
motion to recommit.
    Sec. 5. (a) In the engrossment of H.R. 739, the Clerk shall--
            (1) await the disposition of all the bills contemplated in 
        sections 2-4;
            (2) add the respective texts of all the bills contemplated 
        in sections 2-4, as passed by the House, as new matter at the 
        end of H.R. 739;
            (3) conform the title of H.R. 739 to reflect the addition 
        to the engrossment of the text of all the bills contemplated in 
        sections 2-4 that have passed the House;
            (4) assign appropriate designations to provisions within 
        the engrossment; and
            (5) conform provisions for short titles within the 
        engrossment.
    (b) Upon the addition of the text of the bills contemplated in 
sections 2-4 that have passed the House to the engrossment of H.R. 739, 
such bills shall be laid on the table.
    (c) If H.R. 739 is disposed of without reaching the stage of 
engrossment as contemplated in subsection (a), the bill contemplated in 
sections 2-4 that first passes the House shall be treated in the manner 
specified for H.R. 739 in subsections (a) and (b), and all other bills 
contemplated in sections 2-4 that have passed the House shall be laid 
on the table.
                                                  House Calendar No. 60

109th CONGRESS

  1st Session

                              H. RES. 351

                          [Report No. 109-163]

_______________________________________________________________________

                               RESOLUTION

  Providing for the consideration of the bill (H.R. 739) to amend the 
Occupational Safety and Health Act of 1970 to provide for adjudicative 
  flexibility with regard to the filing of a notice of contest by an 
employer following the issuance of a citation or proposed assessment of 
  a penalty by the Occupational Safety and Health Administration; for 
 consideration of the bill (H.R. 740) to amend the Occupational Safety 
    and Health Act of 1970 to provide for greater efficiency at the 
Occupational Safety and Health Review Commission; for consideration of 
the bill (H.R. 741) 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; and for consideration of the bill 
 (H.R. 742) to amend the Occupational Safety and Health Act of 1970 to 
 provide for the award of attorney's 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.

_______________________________________________________________________

                             July 11, 2005

        Referred to the House Calendar and ordered to be printed