[House Report 108-497]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-497

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   PROVIDING FOR CONSIDERATION OF H.R. 2728, OCCUPATIONAL SAFETY AND 
  HEALTH SMALL BUSINESS IN COURT ACT OF 2004, H.R. 2729, OCCUPATIONAL 
SAFETY AND HEALTH REVIEW COMMISSION EFFICIENCY ACT OF 2004, H.R. 2730, 
OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT REVIEW OF OSHA CITATIONS ACT 
   OF 2004, H.R. 2731, OCCUPATIONAL SAFETY AND HEALTH SMALL EMPLOYER 
ACCESS TO JUSTICE ACT OF 2004, AND H.R. 2432, PAPERWORK AND REGULATION 
                        IMPROVEMENTS ACT OF 2004

                                _______
                                

May 17, 2004.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. Sessions, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 645]

    The Committee on Rules, having had under consideration 
House Resolution 645, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration H.R. 2728, the 
Occupational Safety and Health Small Business in Court Act of 
2004, H.R. 2729, the Occupational Safety and Health Review 
Commission Efficiency Act of 2004, H.R. 2730, the Occupational 
Safety and Health Independent Review of OSHA Citations Act of 
2004, H.R. 2731, the Occupational Safety and Health Small 
Employer Access to Justice Act of 2004, and H.R. 2432, 
Paperwork and Regulatory Improvements Act of 2004.
    The rule provides in for consideration of H.R. 2728 under a 
closed rule. The rule provides one hour of debate in the House 
on H.R. 2728 equally divided and controlled by the chairman and 
ranking minority member of the Committee on Education and the 
Workforce. The rule provides that the amendment recommended by 
the Committee on Education and the Workforce now printed in the 
bill shall be considered as adopted. The rule provides one 
motion to recommit H.R. 2728 with or without instructions.
    The rule further provides in section 2 for consideration of 
H.R. 2729 under a closed rule. The rule provides one hour of 
debate in the House on H.R. 2729 equally divided and controlled 
by the chairman and ranking minority member of the Committee on 
Education and the Workforce. The rule provides that the 
amendment in the nature of a substitute recommended by the 
Committee on Education and the Workforce now printed in the 
bill, as modified by the amendment printed in part A of this 
report, shall be considered as adopted. The rule provides one 
motion to recommit H.R. 2729 with or without instructions.
    The rule further provides in section 3 for the 
consideration of H.R. 2730 under a closed rule. The rule 
provides one hour of debate in the House on H.R. 2730 equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Education and the Workforce. The 
rule provides that the amendment recommended by the Committee 
on Education and the Workforce now printed in the bill, as 
modified by the amendment printed in part B of this report, 
shall be considered as adopted. The rule provides one motion to 
recommit H.R. 2730 with or without instructions.
    The rule further provides in section 4 for the 
consideration of H.R. 2731 under a closed rule. The rule 
provides one hour of debate in the House on H.R. 2731 equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Education and the Workforce. The 
rule provides that the amendment in the nature of a substitute 
recommended by the Committee on Education and the Workforce now 
printed in the bill, as modified by the amendment printed in 
part C of this report, shall be considered as adopted. The rule 
provides one motion to recommit H.R. 2731 with or without 
instructions.
    The rule further provides in section 5 for the 
consideration of H.R. 2732 under a structured rule. The rule 
provides one hour of general debate in the Committee of the 
Whole equally divided and controlled by the chairman and 
ranking minority member of the Committee on Government Reform. 
The rule waives points of order against consideration of the 
bill for failure to comply with clause 4(a) of Rule XIII 
(regarding the three-day availability of committee reports). 
The rule provides that the amendment recommended in the nature 
of a substitute recommended by the Committee on Government 
Reform now printed in the bill shall be considered as an 
original bill for the purpose of amendment, and shall be 
considered as read.
    The rule makes in order only those amendments to the 
Committee amendment in the nature of a substitute which are 
printed in part D of this report. The rule provides that the 
amendments made in order may be offered only in the order 
printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in the report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The rule waives all points of order 
against the amendments printed in this report. The rule 
provides one motion to recommit H.R. 2732 with or without 
instructions.
    The rule further provides in section 6 for the engrossment 
of H.R. 2728, to which the Clerk shall add the texts of H.R. 
2729, H.R. 2730, H.R. 2731, and H.R. 2732, as passed by the 
House, as new matter at the end of H.R. 2728, and then lay on 
the table H.R. 2729, H.R. 2730, H.R. 2731, and H.R. 2732. 
Finally, the rule provides that if H.R. 2728 is disposed of 
without reaching the stage of engrossment, then whichever of 
H.R. 2729, H.R. 2730, H.R. 2731, or H.R. 2732 that first passes 
the House shall be treated in the manner specified for H.R. 
2728 and all other bills that have passed the House shall be 
laid on the table.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 257

    Date: May 17, 2004.
    Measures: H.R. 2728--Occupational Safety and Health Small 
Business in Court Act of 2004, H.R. 2729--Occupational Safety 
and Health Review Commission Efficiency Act of 2004, H.R. 
2730--Occupational Safety and Health Independent Review of OSHA 
Citations Act, H.R. 2731--Occupational Safety and Health Small 
Employer Access to Justice Act of 2004, and H.R. 2432--
Paperwork and Regulatory Improvements Act of 2004.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order as new matter H.R. 
4256, Fair Minimum Wage Act of 2004, sponsored by 
Representative George Miller of California.
    Results: Defeated 1 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Myrick--Nay; Reynolds--Nay; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 258

    Date: May 17, 2004.
    Measures: H.R. 2728--Occupational Safety and Health Small 
Business in Court Act of 2004, H.R. 2729--Occupational Safety 
and Health Review Commission Efficiency Act of 2004, H.R. 
2730--Occupational Safety and Health Independent Review of OSHA 
Citations Act, H.R. 2731--Occupational Safety and Health Small 
Employer Access to Justice Act of 2004, and H.R. 2432--
Paperwork and Regulatory Improvements Act of 2004.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order a separate rule for 
each bill.
    Results: Defeated 1 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Myrick--Nay; Reynolds--Nay; Hastings (FL)--Yea; Dreier--Nay.

 PART A--SUMMARY OF AMENDMENT TO H.R. 2729 TO BE CONSIDERED AS ADOPTED

    (Summary derived from information provided by the amendment 
sponsor.)
    Boehner: Corrects a drafting error and specifies that under 
H.R. 2729, three (rather than two) of five members will be 
required to constitute a quorum of OSHRC.

 PART B--SUMMARY OF AMENDMENT TO H.R. 2730 TO BE CONSIDERED AS ADOPTED

    (Summary derived from information provided by the amendment 
sponsor.)
    Boehner: Clarifies that no broader change is intended 
generally with respect to a federal court's review over an 
agency's interpretation of regulations and the ``deference'' 
given that agency, and that H.R. 2730 merely directs which 
agency is afforded such deference. The amendment is intended to 
address jurisdictional concerns raised by the Judiciary 
Committee.

 PART C--SUMMARY OF AMENDMENT TO H.R. 2731 TO BE CONSIDERED AS ADOPTED

    (Summary derived from information provided by the amendment 
sponsor.)
    Boehner: Corrects a drafting error which resulted in the 
bill mistakenly being reported with an incorrect short title in 
section 1. Clarifies the short title of the Act shall be the 
``Occupational Safety and Health Small Employer Access to 
Justice Act of 2004.''

        PART D--SUMMARY OF AMENDMENTS MADE IN ORDER TO H.R. 2432

    (Summaries derived from information provided by the 
amendment sponsor.)
    Ose: Manager's Amendment. Makes no changes in sections 1, 
2, 3, and 4 of H.R. 2432, as reported by the Committee on 
Government Reform on May 12, 2004. It makes changes in Sections 
5 and 6. In section 5, the amendment authorizes annual funding 
for the General Accounting Office's regulatory analysis 
function, and provides an effective date. In section 6, the 
amendment removes the requirement for the Office of Management 
and Budget (OMB) to integrate its annual regulatory accounting 
statement and associated report into the President's fiscal 
budget documents. Current law which requires submission 
``with'' the President's fiscal budget documents, is unaltered. 
Ensures that, before submitting its regulatory budgeting study, 
OMB will consult with the key Congressional Committees: the 
Committees on the Budget and on Government Reform in the House 
and the Committees on the Budget and on Government Affairs in 
the Senate. (10 minutes)
    Waxman/Tierney: Creates an expert commission to study the 
politicization of science and make recommendations for how to 
protect science in the regulatory process from political and 
ideological manipulation and interference. Seeks to improve the 
regulatory process by protecting the integrity of science in 
federal desisionmaking. (20 minutes)

   PART A--TEXT OF AMENDMENT TO H.R. 2729 TO BE CONSIDERED AS ADOPTED

  Page 3, after line 3, insert the following:

          (3) In subsection (f), by striking ``two'' the first 
        place it appears and inserting ``three''.
                              ----------                              


   PART B--TEXT OF AMENDMENT TO H.R. 2730 TO BE CONSIDERED AS ADOPTED

    At the end of the amendment, add the following:
  Page 2, line 11, after ``law'' insert ``that are subject to 
agency deference under governing court precedent''.
                              ----------                              


   PART C--TEXT OF AMENDMENT TO H.R. 2731 TO BE CONSIDERED AS ADOPTED

  Page 4, lines 6 and 7, strike ``Occupational Safety and 
Health Small Business Day in Court Act of 2004'' and insert 
``Occupational Safety and Health Small Employer Access to 
Justice Act of 2004''.
                              ----------                              


         PART D--TEXT OF AMENDMENTS MADE IN ORDER TO H.R. 2432


 1. An Amendment To Be Offered by Representative Ose of California, or 
                 His Designee, Debatable for 10 Minutes

  In section 5, insert ``(a) Permanent Authority.--'' before 
``The purpose''.
  In section 5, strike paragraph (2) and the matter preceding 
subparagraph (A) of paragraph (3) and insert the following:
          (2) in section 5, by striking ``$5,200,000 for each 
        of fiscal years 2000 through 2002'' and inserting 
        ``$5,000,000 for each fiscal year beginning after 
        September 30, 2004''; and
          (3) in section 6--
  Add at the end of section 5 the following:
  (b) Effective Date.--The amendments made by this section 
shall take effect 90 days after the date of the enactment of 
this Act.
  In section 6, strike subsection (b) and redesignate 
subsection (c) as subsection (b).
  In section 1120(d) of title 31, United States Code, as 
proposed to be added by section 6(b) (as so redesignated), in 
the matter preceding paragraph (1), insert after ``Management 
and Budget'' the following: ``, after consultation with the 
Committees on the Budget and on Government Reform of the House 
of Representatives and the Committees on the Budget and on 
Governmental Affairs of the Senate,''.
  In section 1120 of title 31, United States Code, as proposed 
to be added by section 6(b) (as so redesignated), strike the 
closing quotation marks and second period at the end and insert 
the following:
  ``(e) The report on the study on regulatory budgeting 
required under subsection (d) shall also be submitted directly 
to the Committees on the Budget and on Government Reform of the 
House of Representatives and the Committees on the Budget and 
on Governmental Affairs of the Senate.''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Waxman of California, 
               or His Designee, Debatable for 20 Minutes

  Add at the end the following new title:

  TITLE II--COMMISSION ON POLITICIZATION OF SCIENCE IN THE REGULATORY 
                                PROCESS

SEC. 201. ESTABLISHMENT OF COMMISSION.

   There is established in the legislative branch the 
Independent Commission on Politicization of Science in the 
Regulatory Process (in this Act referred to as the 
``Commission'').

SEC. 202. DUTIES.

  The Commission shall carry out the following duties:
          (1) Examine and evaluate executive branch regulatory 
        activities and associated decisions to determine the 
        extent to which political considerations have 
        undermined the quality and use of science. As part of 
        this examination and evaluation, the Commission shall 
        consider the regulatory activities and associated 
        decisions listed in--
                  (A) ``Politics and Science in the Bush 
                Administration,'' an August 2003 report 
                prepared by the minority staff of the Committee 
                on Government Reform of the House of 
                Representatives; and
                  (B) ``Scientific Integrity in Policymaking,'' 
                a March 2004 report prepared by the Union of 
                Concerned Scientists, which was accompanied by 
                a statement of concern signed by 20 Nobel 
                Laureates and other distinguished scientists.
          (2) Report to Congress and the President on its 
        findings and conclusions, as well as make 
        recommendations to Congress and the President on 
        measures that can be taken to enhance the integrity of 
        science in executive branch regulatory activities and 
        associated decisions.

SEC. 203. COMPOSITION OF COMMISSION.

  (a) Members.--The Commission shall be composed of 10 members, 
of whom--
          (1) 1 member shall be appointed by the President, who 
        shall serve as chairman of the Commission;
          (2) 1 member shall be jointly appointed by the 
        minority leader of the Senate and the minority leader 
        of the House of Representatives, who shall serve as 
        vice chairman of the Commission;
          (3) 2 members shall be appointed by the majority 
        leader of the Senate;
          (4) 2 members shall be appointed by the Speaker of 
        the House of Representatives;
          (5) 2 members shall be appointed by the minority 
        leader of the Senate; and
          (6) 2 members shall be appointed by the minority 
        leader of the House of Representatives.
  (b) Qualifications; Initial Meeting.--
          (1) Nongovernmental appointees.--An individual 
        appointed to the Commission may not be an officer or 
        employee of the Federal Government or any State or 
        local government.
          (2) Other qualifications.--Individuals that shall be 
        appointed to the Commission should be prominent United 
        States citizens, with national recognition and 
        significant depth of experience in scientific 
        professions, governmental service, and public 
        administration.
          (3) Deadline for appointment.--All members of the 
        Commission shall be appointed within 45 days following 
        the enactment of this Act.
          (4) Meetings.--The Commission shall meet and begin 
        the operations of the Commission as soon as 
        practicable. After its initial meeting, the Commission 
        shall meet upon the call of the chairman or a majority 
        of its members.
  (c) Quorum; Vacancies.--Six members of the Commission shall 
constitute a quorum. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner in 
which the original appointment was made.
  (d) Conflicts of Interest.--Each member appointed to the 
Commission shall submit a financial disclosure report pursuant 
to the Ethics in Government Act of 1978, notwithstanding the 
minimum required rate of compensation or time period employed.

SEC. 204. POWERS OF COMMISSION.

  (a) Hearings and Evidence.--The Commission or, on the 
authority of the Commission, any subcommittee or member 
thereof, may, for the purpose of carrying out this title, hold 
such hearings and sit and act at such times and places, take 
such testimony, receive such evidence, and administer such 
oaths as the Commission or such designated subcommittee or 
designated member may determine advisable.
  (b) Contracting.--The Commission may, to such extent and in 
such amounts as are provided in appropriation Acts, enter into 
contracts to enable the Commission to discharge its duties of 
this Act.
  (c) Information From Federal Agencies.--
          (1) In general.--The Commission may secure directly 
        from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Federal Government, information, 
        suggestions, estimates, and statistics for the purposes 
        of this Act. Each department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality shall, to the extent authorized by law, 
        furnish such information, suggestions, estimates, and 
        statistics directly to the Commission, upon request 
        made by the chairman, the chairman of any subcommittee 
        created by a majority of the Commission, or any member 
        designated by a majority of the Commission.
          (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, 
        and disseminated by members of the Commission and its 
        staff consistent with all applicable statutes, 
        regulations, and Executive Orders.
  (d) Assistance From Federal Agencies.--
          (1) General services administration.--The 
        Administrator of General Services shall provide to the 
        Commission on a reimbursable basis administrative 
        support and other services for the performance of the 
        Commission's functions.
          (2) Other departments and agencies.--In addition to 
        the assistance prescribed in paragraph (1), departments 
        and agencies of the United States may provide to the 
        Commission such services, funds, facilities, staff, and 
        other support services as they may determine advisable 
        and as may be authorized by law.
  (e) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.
  (f) Postal Services.--The Commission may use the United 
States mails in the same manner and under the same conditions 
as departments and agencies of the United States.

SEC. 205. STAFF OF COMMISSION.

  (a) In General.--
          (1) Appointment and compensation.--The chairman, in 
        consultation with vice chairman, in accordance with 
        rules agreed upon by the Commission, may appoint and 
        fix the compensation of a staff director and such other 
        personnel as may be necessary to enable the Commission 
        to carry out its functions, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without 
        regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except 
        that no rate of pay fixed under this subsection may 
        exceed the equivalent of that payable for a position at 
        level V of the Executive Schedule under section 5316 of 
        title 5, United States Code.
          (2) Personnel as federal employees.--
                  (A) In general.--The staff director and any 
                personnel of the Commission who are employees 
                shall be employees under section 2105 of title 
                5, United States Code, for purposes of chapters 
                63, 81, 83, 84, 85, 87, 89, and 90 of that 
                title.
                  (B) Members of commission.--Subparagraph (A) 
                shall not be construed to apply to members of 
                the Commission.
  (b) Detailees.--Any Federal Government employee may be 
detailed to the Commission without reimbursement from the 
Commission, and such detailee shall retain the rights, status, 
and privileges of his or her regular employment without 
interruption.
  (c) Consultant Services.--The Commission is authorized to 
procure the services of experts and consultants in accordance 
with section 3109 of title 5, United States Code, but at rates 
not to exceed the daily rate paid a person occupying a position 
at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code.

SEC. 206. COMPENSATION AND TRAVEL EXPENSES.

  (a) Compensation.--Each member of the Commission may be 
compensated at a rate not to exceed the daily equivalent of the 
annual rate of basic pay in effect for a position at level IV 
of the Executive Schedule under section 5315 of title 5, United 
States Code, for each day during which that member is engaged 
in the actual performance of the duties of the Commission.
  (b) Travel Expenses.--While away from their homes or regular 
places of business in the performance of services for the 
Commission, members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, in the 
same manner as persons employed intermittently in the 
Government service are allowed expenses under section 5703(b) 
of title 5, United States Code.

SEC. 207. REPORTS OF COMMISSION; TERMINATION.

  (a) Interim Reports.--The Commission may submit to Congress 
and the President interim reports containing such findings, 
conclusions, and recommendations for corrective measures as 
have been agreed to by a majority of Commission members.
  (b) Final Report.--Not later than 18 months after the date of 
the enactment of this Act, the Commission shall submit to 
Congress and the President a final report containing such 
findings, conclusions, and recommendations for corrective 
measures as have been agreed to by a majority of Commission 
members.

SEC. 208. TERMINATION.

  (a) In General.--The Commission, and all the authorities of 
this Act, shall terminate 60 days after the date on which the 
final report is submitted under subsection (b).
  (b) Administrative Activities Before Termination.--The 
Commission may use the 60-day period referred to in paragraph 
(1) for the purpose of concluding its activities, including 
providing testimony to committees of Congress concerning its 
reports and disseminating the final report.

SEC. 209. FUNDING.

  (a) Authorization of Appropriations.--There is authorized to 
be appropriated funds not to exceed $5,000,000 for purposes of 
the activities of the Commission under this Act.
  (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until 
the termination of the Commission.
  At the end of section 2, insert the following:

          TITLE I--AMENDMENTS RELATING TO PAPERWORK REDUCTION

  Redesignate sections 3, 4, 5, and 6 as sections 101, 102, 
103, and 104, respectively.

                                  
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