(c) CONGRESSIONAL COVERAGE.—Section 19 (29
U.S.C. 668) is amended to read as follows:
‘‘COVERAGE OF THE UNITED STATES HOUSE
OF REPRESENTATIVES AND INSTRUMEN-
TALITIES OF THE CONGRESS
‘‘SEC. 19. (a) The House of Representatives and each
instrumentality of Congress shall establish and maintain
an effective program to provide safe and healthful places
and conditions of employment. Such programs shall, at a
minimum—
‘‘(1) comply with section 5, the occupational
safety and health standards issued under section 6,
and the requirements and regulations issued under
section 8,
‘‘(2) provide for the acquisition and mainte-
nance of safety equipment, personal protective
equipment, and devices reasonably necessary to pro-
tect employees, and
‘‘(3) provide for adequate records of all occupa-
tional accidents and illness, provide for the proper
evaluation of such records, and provide for necessary
corrective action.
‘‘(b) The Secretary shall conduct random inspections
of places of employment under the jurisdiction or control
of the House of Representatives or any instrumentality of
Congress. Such inspections shall be conducted at least
once during each Congress. The Secretary shall also re-
spond to any request that meets the conditions of section
8(f). Such inspections shall identify each condition which
the Secretary believes is a violation of a requirement under
section 5, of an occupational safety and health standard
issued under section 6, or of a regulation issued under
section 8. Upon completion of such inspection, the Sec-
retary shall report all such conditions to the Director of
Non-Legislative and Financial Services of the House of
Representatives.
‘‘(c) The Director of Non-Legislative and Financial
Services of the House of Representatives shall, as soon
after the receipt of a report under subsection (b) as is
practicable, appoint a special counsel to seek abatement
of any conditions identified in such report as not in com-
pliance with the requirements of section 5 or 6 and to as-
sess appropriate penalties against the instrumentality, em-
ploying authority, or other employer for noncompliance
with such requirements. Section 17 shall apply in any en-
forcement procedures brought under this subsection.
‘‘(d) Any instrumentality, employing authority, or
other employer which is assessed a penalty under sub-
section (c) may appeal the assessment to the Office of Fair
Employment Practices which shall afford an opportunity
for a hearing and shall thereafter issue a decision based
on findings of fact which affirms, modifies, or vacates the
actions of the special counsel appointed under subsection
(c). Any person adversely affected or aggrieved by the de-
cision of the Office of Fair Employment Practices may
obtain review of such decision by the United States Court
of Appeals for the circuit in which such violation is alleged
to have occurred or by the Court of Appeals for the Dis-
trict of Columbia Circuit under the standards and condi-
tions for review of orders by the Commission in section
11.
‘‘(e) The Office of Fair Employment Practices shall
establish procedures and remedies, consistent with the
procedures and remedies under section 11(c), to insure
that no employee is discharged or in any manner discrimi-
nated against because such employee has filed a complaint
or request for an inspection or instituted or caused to be
instituted any proceeding under or related to this Act. Any
person adversely affected or aggrieved by the decision of
the Office of Fair Employment Practices may obtain re-
view of such decision by the United States Court of Ap-
peals for the circuit in which such violation is alleged to
have occurred or by the Court of Appeals for the District
of Columbia Circuit under the standards and conditions
for review of orders by the Commission in section 11.’’.
SEC. 3. STANDARD SETTING.
(a) 
STANDARDS.—Section 
6(b)(5) 
(29 
U.S.C.
655(b)(5)) is amended to read as follows:
‘‘(5) The development of standards under this
section shall be based upon the latest scientific data
in the field and on such research, demonstrations,
experiments, and such other information as may be
appropriate. In establishing such standards, the Sec-
retary shall consider and make findings concerning
the appropriateness of the standard to the following
factors:
‘‘(A) The standard is needed to address a
significant risk of material impairment to work-
ers and will substantially reduce that risk.
‘‘(B) The standard is feasible.
‘‘(C) There is a reasonable relationship be-
tween the costs and benefits of the standard.
‘‘(D) The standard will provide protection
to workers in the most cost-effective manner
and minimize employment loss due to the
standard in the affected industries and sectors
of industries.
‘‘(E) Whenever practicable, the standard
shall be expressed in terms of objective criteria
and of the performance desired.’’.
(b) STANDARD PRIORITIES.—The second sentence of
section 6(g) (29 U.S.C. 655(g)) is amended to read as
follows: ‘‘In determining the priority for establishing
standards dealing with toxic materials or harmful physical
agents, the Secretary shall consider the number of workers
exposed to the substance, the nature and severity of poten-
tial impairment, and the likelihood of such impairment
based upon such information as the Secretary shall obtain
from the Environmental Protection Agency, the Depart-
ment of Health and Human Services, and other appro-
priate sources.’’.
(d) 
PROCEDURE.—Section 
6(b)(1) 
(29 
U.S.C.
655(b)(1)) is amended by striking out all after ‘‘Act’’ the
first time it appears and inserting in lieu thereof the fol-
lowing: ‘‘, the Secretary shall promulgate such rule in ac-
cordance with subchapter IV of chapter 5 of title 5, United
States Code, unless the Secretary determines on the basis
of the factors listed in section 583 of title 5, United States
Code, that such procedure would be inappropriate. The re-
quirements of this paragraph do not alter in any manner
the requirements otherwise applicable to the Secretary’s
action in promulgating an occupational health and safety
standard.’’.
(e) REGULATORY FLEXIBILITY ANALYSIS.—Section
6 (29 U.S.C. 655), as amended by subsection (b), is
amended by adding at the end the following:
‘‘(i) In promulgating any occupational safety and
health standard under subsection (b), the Secretary shall
perform a regulatory flexibility analysis described in sec-
tions 603 and 604 of title 5, United States Code.
‘‘(j) In promulgating any occupational safety and
health standard under subsection (b), the Secretary shall
minimize the time, effort, and costs involved in the reten-
tion, reporting, notifying, or disclosure of information to
the Secretary, to third parties, or to the public to the ex-
tent consistent with the purpose of the standard. Compli-
ance with the requirement of this subsection may be in-
cluded in a review under subsection (f).’’.
SEC. 4. APPLICATION OF ACT.
(a) 
REPORTS.—Section 
4(b)(3) 
(29 
U.S.C.
653(b)(3)) is amended to read as follows:
‘‘(3) The Secretary shall report on an annual basis
to the Congress on the number and nature of the com-
plaints the Secretary receives which the Secretary does not
respond to because of paragraph (1) of this subsection.
The Secretary shall include in such report the Secretary’s
recommendation for legislation to avoid unnecessary dupli-