[House Report 109-163]
[From the U.S. Government Publishing Office]




109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-163

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PROVIDING FOR CONSIDERATION OF H.R. 739, OCCUPATIONAL SAFETY AND HEALTH 
SMALL BUSINESS DAY IN COURT ACT OF 2005, H.R. 740, OCCUPATIONAL SAFETY 
    AND HEALTH REVIEW COMMISSION EFFICIENCY ACT OF 2005, H.R. 741, 
OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT REVIEW OF OSHA CITATIONS ACT 
 OF 2005, AND H.R. 742, OCCUPATIONAL SAFETY AND HEALTH SMALL EMPLOYER 
                     ACCESS TO JUSTICE ACT OF 2005

                                _______
                                

   July 11, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 351]

    The Committee on Rules, having had under consideration 
House Resolution 351, 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 separate consideration of H.R. 
739, H.R. 740, H.R. 741, and H.R. 742 under closed rules. The 
rule provides one hour of debate in the House for H.R. 739, 
H.R. 740, H.R. 741, and H.R. 742. The rule provides that each 
hour of debate shall be equally divided and controlled by the 
chairman and ranking minority member of the Committee on 
Education and the Workforce.
    The rule waives all points of order against consideration 
of H.R. 739, H.R. 740, H.R. 741, and H.R. 742. The rule 
provides that the amendments in the nature of substitutes 
recommended by the Committee on Education and the Workforce for 
H.R. 740 and H.R. 741 now printed in the bills, shall be 
considered as adopted. The rule provides one motion to 
recommit, with or without instructions, for H.R. 739, H.R. 740, 
H.R. 741, and H.R. 742.
    Section 5 of the resolution provides that 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.
    Finally, the rule provides that if H.R. 739 is disposed of 
without reaching the stage of engrossment, then whichever of 
H.R. 740, H.R. 741, or H.R. 742 that first passes the House 
shall be treated in the manner specified for H.R. 739 and all 
other bills that have passed the House shall be laid on the 
table.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the bills. The waivers of all points of order 
against consideration of the bills are prophylactic in nature.

                            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. 88

    Date: July 11, 2005.
    Measure: H.R. 742, Occupational Safety and Health Small 
Employer Access to Justice Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment in the nature of a 
substitute offered by Representative George Miller of 
California, which raises the minimum wage from $5.15 an hour to 
$7.25 an hour in three steps: $5.85 60 days after enactment, 
$6.55 one year after the first increase, and $7.25 one year 
after the second increase. The amendment phases in coverage of 
the federal minimum wage for the Commonwealth of the Northern 
Marianas.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 89

    Date: July 11, 2005.
    Measure: H.R. 739, Occupational Safety and Health Small 
Business Day in Court Act of 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Al Green of Texas, which seeks to include contract workers in 
the provision that allows employers to be held criminally 
accountable if a willful OSHA violation led to the death of an 
employee so that employers could be held accountable in the 
case of death to a contract worker.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 90

    Date: July 11, 2005.
    Measure: H.R. 739, Occupational Safety and Health Small 
Business Day in Court Act of 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Gene Green of Texas, which requires the Secretary of Labor to 
revise regulations concerning the reporting and recording of 
occupational injuries to require site-controlling employers to 
keep a site log for all employees including contractors and 
part-time workers.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.


                                  
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