IV 

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 
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HRES 351 RH 

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. 

1 Resolved, That upon the adoption of this resolution 

2 it shall be in order without intervention of any point of 

3 order to consider in the House the bill (H.R. 739) to 

4 amend the Occupational Safety and Health Act of 1970 

5 to provide for adjudicative flexibility with regard to the 

6 filing of a notice of contest by an employer following the 

7 issuance of a citation or proposed assessment of a penalty 

8 by the Occupational Safety and Health Administration. 

9 The bill shall be considered as read. The previous question 

10 shall be considered as ordered on the bill to final passage 

11 without intervening motion except: (1) one hour of debate 
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HRES 351 RH 

1 on the bill equally divided and controlled by the chairman 

2 and ranking minority member of the Committee on Edu3 cation and the Workforce; and (2) one motion to recom4 mit. 

5 SEC. 2. Upon the adoption of this resolution it shall 

6 be in order without intervention of any point of order to 

7 consider in the House the bill (H.R. 740) to amend the 

8 Occupational Safety and Health Act of 1970 to provide 

9 for greater efficiency at the Occupational Safety and 

10 Health Review Commission. The bill shall be considered 

11 as read. The amendment in the nature of a substitute rec12 ommended by the Committee on Education and the Work13 force now printed in the bill shall be considered as adopt14 ed. The previous question shall be considered as ordered 

15 on the bill, as amended, to final passage without inter16 vening motion except: (1) one hour of debate on the bill, 

17 as amended, equally divided and controlled by the chair18 man and ranking minority member of the Committee on 

19 Education and the Workforce; and (2) one motion to re20 commit with or without instructions. 

21 SEC. 3. Upon the adoption of this resolution it shall 

22 be in order without intervention of any point of order to 

23 consider in the House the bill (H.R. 741) to amend the 

24 Occupational Safety and Health Act of 1970 to provide 

25 for judicial deference to conclusions of law determined by 
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HRES 351 RH 

1 the Occupational Safety and Health Review Commission 

2 with respect to an order issued by the Commission. The 

3 bill shall be considered as read. The amendment in the 

4 nature of a substitute recommended by the Committee on 

5 Education and the Workforce now printed in the bill shall 

6 be considered as adopted. The previous question shall be 

7 considered as ordered on the bill, as amended, to final pas8 sage without intervening motion except: (1) one hour of 

9 debate on the bill, as amended, equally divided and con10 trolled by the chairman and ranking minority member of 

11 the Committee on Education and the Workforce; and (2) 

12 one motion to recommit with or without instructions. 

13 SEC. 4. Upon the adoption of this resolution it shall 

14 be in order without intervention of any point of order to 

15 consider in the House the bill (H.R. 742) to amend the 

16 Occupational Safety and Health Act of 1970 to provide 

17 for the award of attorney’s fees and costs to small employ18 ers when such employers prevail in litigation prompted by 

19 the issuance of a citation by the Occupational Safety and 

20 Health Administration. The bill shall be considered as 

21 read. The previous question shall be considered as ordered 

22 on the bill to final passage without intervening motion ex23 cept: (1) one hour of debate on the bill equally divided 

24 and controlled by the chairman and ranking minority 
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HRES 351 RH 

1 member of the Committee on Education and the Work2 force; and (2) one motion to recommit. 

3 SEC. 5. (a) In the engrossment of H.R. 739, the 

4 Clerk shall— 

5 (1) await the disposition of all the bills con6 templated in sections 2–4; 

7 (2) add the respective texts of all the bills con8 templated in sections 2–4, as passed by the House, 

9 as new matter at the end of H.R. 739; 

10 (3) conform the title of H.R. 739 to reflect the 

11 addition to the engrossment of the text of all the 

12 bills contemplated in sections 2–4 that have passed 

13 the House; 

14 (4) assign appropriate designations to provi15 sions within the engrossment; and 

16 (5) conform provisions for short titles within 

17 the engrossment. 

18 (b) Upon the addition of the text of the bills con19 templated in sections 2–4 that have passed the House to 

20 the engrossment of H.R. 739, such bills shall be laid on 

21 the table. 

22 (c) If H.R. 739 is disposed of without reaching the 

23 stage of engrossment as contemplated in subsection (a), 

24 the bill contemplated in sections 2–4 that first passes the 

25 House shall be treated in the manner specified for H.R. 
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HRES 351 RH 

1 739 in subsections (a) and (b), and all other bills con2 templated in sections 2–4 that have passed the House 

3 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. 

Administration. a citation by the Occupational Safety and Health prevail in litigation prompted by the issuance of costs to small employers when such employers to provide for the award of attorney’s fees and the Occupational Safety and Health Act of 1970 for consideration of the bill (H.R. 742) to amend spect to an order issued by the Commission; and Safety and Health Review Commission with reclusions of law determined by the Occupational of 1970 to provide for judicial deference to conamend the Occupational Safety and Health Act sion; for consideration of the bill (H.R. 741) to Occupational Safety and Health Review Commisof 1970 to provide for greater efficiency at the amend the Occupational Safety and Health Act tion; for consideration of the bill (H.R. 740) to the Occupational Safety and Health Administraa citation or proposed assessment of a penalty by contest by an employer following the issuance of flexibility with regard to the filing of a notice of Health Act of 1970 to provide for adjudicative 739) to amend the Occupational Safety and 

JULY 11, 2005 

Referred to the House Calendar and ordered to be 

printed