H.R. 2728 - Occupational Safety and Health Small Business in Court Act of 2004, and
H.R. 2729 - Occupational Safety and Health Review Commission Efficiency Act of 2004, and
H.R. 2730 - Occupational Safety and Health Independent Review of OSHA Citations Act, and
H.R. 2731 - Occupational Safety and Health Small Employer Access to Justice Act of 2004, and
H.R. 2432 - Paperwork and Regulatory Improvements Act of 20041. Section 1 of the resolution provides for consideration of H.R. 2728 under a closed rule.
2. Provides one hour of debate in the House on H.R. 2728 equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce.
3. Provides that the amendment recommended by the Committee on Education and the Workforce now printed in the bill shall be considered as adopted.
4. Provides one motion to recommit H.R. 2728 with or without instructions.
5. Section 2 of the resolution provides for consideration of H.R. 2729 under a closed rule.
6. Provides one hour of debate in the House on H.R. 2729 equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce.
7. Provides that the amendment in the 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 A of the Rules Committee report accompanying the resolution, shall be considered as adopted.
8. Provides one motion to recommit H.R. 2729 with or without instructions.
9. Section 3 of the resolution provides for consideration of H.R. 2730 under a closed rule.
10. Provides one hour of debate in the House on H.R. 2730 equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce.
11. Provides that 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 Rules Committee report accompanying the resolution, shall be considered as adopted.
12. Provides one motion to recommit H.R. 2730 with or without instructions.
13. Section 4 of the resolution provides for consideration of H.R. 2731 under a closed rule.
14. Provides one hour of debate in the House on H.R. 2731 equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce.
15. Provides that the amendment in the 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 Rules Committee report accompanying the resolution, shall be considered as adopted.
16. Provides one motion to recommit H.R. 2731 with or without instructions.
17. Section 5 provides for consideration of H.R. 2432 under a structured rule.
18. Provides one hour of general debate in the Committee of the Whole equally divided and controlled by the chairman and ranking minority member of the Committee on Government Reform.
19. Waives points of order against consideration of the bill for failure to comply with clause 4(a) of Rule XIII (regarding the three-day availability of committee reports).
20. Provides that the amendment in the nature of a substitute recommended by the Committee on Government Reform now printed in the bill shall be considered as an original bill for the purpose of amendment, and shall be considered as read.
21. Makes in order only those amendments to the Committee amendment in the nature of a substitute which are printed in part D of the Rules Committee report accompanying the resolution.
22. Provides that the amendments made in order may be offered only in the order printed in the report, 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 controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
23. Waives all points of order against the amendments printed in the report.
24. Provides one motion to recommit H.R. 2432 with or without instructions.
25. Section 6 of the resolution provides that in the engrossment of H.R. 2728 the Clerk shall add the texts of H.R. 2729, H.R. 2730, H.R. 2731, and H.R. 2432, as passed by the House, as new matter at the end of H.R. 2728, and then lay on the table H.R. 2729, H.R. 2730, H.R. 2731, and H.R. 2432.
26. Finally, the rule provides that if H.R. 2728 is disposed of without reaching the stage of engrossment, then whichever of H.R.2729, H.R. 2730, H.R. 2731, or H.R. 2432 that first passes the House shall be treated in the manner specified for H.R. 2728 and all other bills that have passed the House shall be laid on the table.
--------- RESOLUTION 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 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 controlled 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. 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 considered as read for amendment. The amendment in the 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 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 controlled 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. 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 passage without intervening motion except: (1) one hour of debate on the bill, as amended, equally divided and controlled 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 considered as read for amendment. The amendment in the 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 controlled 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 resolution 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 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. 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 ranking minority member of the Committee on Government Reform. After general debate the bill shall be considered 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 committee amendment in the nature of a substitute shall be considered as read. No amendment to the committee amendment 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 amendment may be offered only in the order printed in the report, 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 controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand 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 consideration 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 committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
Sec. 6. (a) In the engrossment of H.R. 2728, the Clerk shall--
(1) await the disposition of all the bills contemplated in sections 2-5;
(2) add the respective texts of all the bills contemplated in sections 2-5, as passed by the House, as new matter at the end of H.R. 2728;
(3) conform the title of H.R. 2728 to reflect the addition to the engrossment of the text of all the bills contemplated in sections 2-5 that have passed the House;
(4) assign appropriate designations to provisions within the engrossment; and
(5) conform provisions for short titles within the engrossment.
(b) Upon the addition to the engrossment of H.R. 2728 of the text of the bills contemplated in sections 2-5 that have passed the House, such bills shall be laid on the table.
(c) If H.R. 2728 is disposed of without reaching the stage of engrossment as contemplated in subsection (a), the bill that first passes the House as contemplated in section 2-5 shall be treated in the manner specified for H.R. 2728 in subsections (a) and (b), and only the other bills contemplated in sections 2-5 that have passed the House shall be laid on the table.
PART-A
SUMMARY OF AMENDMENT TO H.R. 2729 CONSIDERED AS ADOPTED
(summaries derived from information provided by sponsors)Boehner #1
Corrects a drafting error and specifies that under H.R. 2729, three (rather than two) of five members will be required to constitute a quorum of OSHRC.
PART-B
SUMMARY OF AMENDMENT TO H.R. 2730 CONSIDERED AS ADOPTED
(summaries derived from information provided by sponsors)Boehner #1
Clarifies that no broader change is intended generally with respect to a federal court’s review over an agency’s interpretation of regulations and the “deference” given that agency, and that H.R. 2730 merely directs which agency is afforded such deference. The amendment is intended to address jurisdictional concerns raised by the Judiciary Committee.
PART-C
SUMMARY OF AMENDMENT TO H.R. 2731 CONSIDERED AS ADOPTED
(summaries derived from information provided by sponsors)Boehner #1
Corrects a drafting error which resulted in the bill mistakenly being reported with an incorrect short title in section 1. Clarifies the short title of the Act shall be the “Occupational Safety and Health Small Employer Access to Justice Act of 2004.”
PART-D
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER TO H.R. 2432
(summaries derived from information provided by sponsors)Ose #2
Manager’s Amendment. Makes no changes in section 1, 2, 3, and 4 of H.R. 2432, as reported by the Committee on Government Reform on May 12, 2004. It makes Changes in Sections 5 and 6. In section 5, the amendment authorizes annual funding for the General accounting Office's regulatory analysis function, and provides an effective date. In section 6, the amendment removes the requirement for the Office of Management and Budget to integrate its annual regulatory accounting statement and associated report into the President's fiscal Budget documents. Current law, which requires submission "with" the President's fiscal budget documents, is unaltered. Ensures that, before submitting its regulatory budgeting study, OMB will consult with the key Congressional Committees: the Committees on the Budget and on Government Reform in the House and the Committee on the Budget and on Government Affairs in the Senate. (Revised) (10 minutes)Waxman/Tierney #1
Creates an expert commission to study the politicization of science and make recommendations for how to protect science in the regulatory process from political and ideological manipulation and interference. Seeks to improve the regulatory process by protecting the integrity of science in federal decision-making. (20 minutes)
TEXT OF THE AMENDMENT(.pdf)
PART A
PART B
PART C
PART D
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