IV 
House Calendar No. 178 
108TH CONGRESS 
2D SESSION 
H. RES. 645 
[Report No. 108–497] 
Providing for consideration of the bill (H.R. 2728) to amend the Occupational 
Safety and Health Act of 1970 to provide for adjudicative flexibility 
with regard to an employer filing of a notice of contest following the 
issuance of a citation by the Occupational Safety and Health Administra-
tion; for consideration of the bill (H.R. 2729) to amend the Occupational 
Safety and Health Act of 1970 to provide for greater efficiency at 
the Occupational Safety and Health Review Commission; for consider-
ation of the bill (H.R. 2730) to amend the Occupational Safety and 
Health Act of 1970 to provide for an independent review of citations 
issued by the Occupational Safety and Health Administration; for consid-
eration of the bill (H.R. 2731) to amend the Occupational Safety and 
Health Act of 1970 to provide for the award of attorney’s fees and 
costs to very small employers when they prevail in litigation prompted 
by the issuance of citations by the Occupational Safety and Health 
Administration; and for consideration of the bill (H.R. 2432) to amend 
the Paperwork Reduction Act and titles 5 and 31, United States Code, 
to reform Federal paperwork and regulatory processes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2004 
Mr. SESSIONS, from the Committee on Rules, reported the following resolu-
tion; which was referred to the House Calendar and ordered to be printed 
RESOLUTION 
Providing for consideration of the bill (H.R. 2728) to amend 
the Occupational Safety and Health Act of 1970 to pro-
vide for adjudicative flexibility with regard to an em-
HRES 645 RH 
ployer filing of a notice of contest following the issuance 
of a citation by the Occupational Safety and Health 
Administration; for consideration of the bill (H.R. 2729) 
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. 2730) to amend the Occupational Safety 
and Health Act of 1970 to provide for an independent 
review of citations issued by the Occupational Safety 
and Health Administration; for consideration of the bill 
(H.R. 2731) to amend the Occupational Safety and 
Health Act of 1970 to provide for the award of attor-
ney’s fees and costs to very small employers when they 
prevail in litigation prompted by the issuance of citations 
by the Occupational Safety and Health Administration; 
and for consideration of the bill (H.R. 2432) to amend 
the Paperwork Reduction Act and titles 5 and 31, United 
States Code, to reform Federal paperwork and regulatory 
processes. 
Resolved, That upon the adoption of this resolution 
it shall be in order to consider in the House the bill (H.R. 
2728) to amend the Occupational Safety and Health Act 
of 1970 to provide for adjudicative flexibility with regard 
to an employer filing of a notice of contest following the 
issuance of a citation by the Occupational Safety and 
Health Administration. The bill shall be considered as 
read for amendment. The amendment recommended by 
the Committee on Education and the Workforce now 
printed in the bill shall be considered as adopted. The pre-
HRES 645 RH 
vious 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 rank-
ing minority member of the Committee on Education and 
the Workforce; and (2) one motion to recommit with or 
without instructions. 
SEC. 2. Upon the adoption of this resolution it shall 
be in order to consider in the House the bill (H.R. 2729) 
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 consid-
ered as read for amendment. The amendment in the na-
ture of a substitute recommended by the Committee on 
Education and the Workforce now printed in the bill, 
modified by the amendment printed in part A of the report 
of the Committee on Rules accompanying this resolution, 
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 con-
trolled 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.
HRES 645 RH 
SEC. 3. Upon the adoption of this resolution it shall 
be in order to consider in the House the bill (H.R. 2730) 
to amend the Occupational Safety and Health Act of 1970 
to provide for an independent review of citations issued 
by the Occupational Safety and Health Administration. 
The bill shall be considered as read for amendment. The 
amendment recommended by the Committee on Education 
and the Workforce now printed in the bill, modified by 
the amendment printed in part B of the report of the 
Committee on Rules accompanying this resolution, shall 
be considered as adopted. The previous question shall be 
considered as ordered on the bill, as amended, to final pas-
sage without intervening motion except: (1) one hour of 
debate on the bill, as amended, equally divided and con-
trolled 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 to consider in the House the bill (H.R. 2731) 
to amend the Occupational Safety and Health Act of 1970 
to provide for the award of attorney’s fees and costs to 
very small employers when they prevail in litigation 
prompted by the issuance of citations by the Occupational 
Safety and Health Administration. The bill shall be con-
sidered as read for amendment. The amendment in the
HRES 645 RH 
nature of a substitute recommended by the Committee on 
Education and the Workforce now printed in the bill, 
modified by the amendment printed in part C of the report 
of the Committee on Rules accompanying this resolution, 
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 con-
trolled 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. 5. At any time after the adoption of this resolu-
tion the Speaker may, pursuant to clause 2(b) of rule 
XVIII, declare the House resolved into the Committee of 
the Whole House on the state of the Union for consider-
ation of the bill (H.R. 2432) to amend the Paperwork Re-
duction Act and titles 5 and 31, United States Code, to 
reform Federal paperwork and regulatory processes. The 
first reading of the bill shall be dispensed with. Points of 
order against consideration of the bill for failure to comply 
with clause 4(a) of rule XIII are waived. General debate 
shall be confined to the bill and shall not exceed one hour 
equally divided and controlled by the chairman and rank-
ing minority member of the Committee on Government 
Reform. After general debate the bill shall be considered
HRES 645 RH 
for amendment under the five-minute rule. It shall be in 
order to consider as an original bill for the purpose of 
amendment under the five-minute rule the amendment in 
the nature of a substitute recommended by the Committee 
on Government Reform now printed in the bill. The com-
mittee amendment in the nature of a substitute shall be 
consider as read. No amendment to the committee amend-
ment in the nature of a substitute shall be in order except 
those printed in part D of the report of the Committee 
on Rules accompanying this resolution. Each such amend-
ment may be offered only in the order printed in the re-
port, may be offered only by a Member designated in the 
report, shall be considered as read, shall be debatable for 
the time specified in the report equally divided and con-
trolled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a de-
mand for division of the question in the House or in the 
Committee of the Whole. All points of order against such 
amendments are waived. At the conclusion of consider-
ation of the bill for amendment the Committee shall rise 
and report the bill to the House with such amendments 
as may have been adopted. Any Member may demand a 
separate vote in the House on any amendment adopted 
in the Committee of the Whole to the bill or to the com-
mittee amendment in the nature of a substitute. The pre-