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 Occupa-
tional Safety and Health Act of 1970 to provide for adjudicative flexi-
bility 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 Occupa-
tional 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
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 Admin-
istration; 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 Safe-
ty 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
HRES 351 RH 
on the bill equally divided and controlled by the chairman 
and ranking minority member of the Committee on Edu-
cation and the Workforce; and (2) one motion to recom-
mit. 
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 rec-
ommended by the Committee on Education and the Work-
force now printed in the bill shall be considered as adopt-
ed. The previous question shall be considered as ordered 
on the bill, as amended, to final passage without inter-
vening motion except: (1) one hour of debate on the bill, 
as amended, equally divided and controlled by the chair-
man and ranking minority member of the Committee on 
Education and the Workforce; and (2) one motion to re-
commit 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
HRES 351 RH 
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 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 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 employ-
ers 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 ex-
cept: (1) one hour of debate on the bill equally divided 
and controlled by the chairman and ranking minority
HRES 351 RH 
member of the Committee on Education and the Work-
force; 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 con-
templated in sections 2–4; 
(2) add the respective texts of all the bills con-
templated 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 provi-
sions within the engrossment; and 
(5) conform provisions for short titles within 
the engrossment. 
(b) Upon the addition of the text of the bills con-
templated 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.
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739 in subsections (a) and (b), and all other bills con-
templated 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 Administra-
tion; 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 Commis-
sion; for consideration of the bill (H.R. 741) to 
amend the Occupational Safety and Health Act 
of 1970 to provide for judicial deference to con-
clusions of law determined by the Occupational 
Safety and Health Review Commission with re-
spect 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