[House Report 108-497]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-497
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PROVIDING FOR CONSIDERATION OF H.R. 2728, OCCUPATIONAL SAFETY AND
HEALTH SMALL BUSINESS IN COURT ACT OF 2004, H.R. 2729, OCCUPATIONAL
SAFETY AND HEALTH REVIEW COMMISSION EFFICIENCY ACT OF 2004, H.R. 2730,
OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT REVIEW OF OSHA CITATIONS ACT
OF 2004, H.R. 2731, OCCUPATIONAL SAFETY AND HEALTH SMALL EMPLOYER
ACCESS TO JUSTICE ACT OF 2004, AND H.R. 2432, PAPERWORK AND REGULATION
IMPROVEMENTS ACT OF 2004
_______
May 17, 2004.--Referred to the House Calendar and ordered to be printed
_______
Mr. Sessions, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 645]
The Committee on Rules, having had under consideration
House Resolution 645, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration H.R. 2728, the
Occupational Safety and Health Small Business in Court Act of
2004, H.R. 2729, the Occupational Safety and Health Review
Commission Efficiency Act of 2004, H.R. 2730, the Occupational
Safety and Health Independent Review of OSHA Citations Act of
2004, H.R. 2731, the Occupational Safety and Health Small
Employer Access to Justice Act of 2004, and H.R. 2432,
Paperwork and Regulatory Improvements Act of 2004.
The rule provides in for consideration of H.R. 2728 under a
closed rule. The rule 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. The rule provides that the amendment recommended by
the Committee on Education and the Workforce now printed in the
bill shall be considered as adopted. The rule provides one
motion to recommit H.R. 2728 with or without instructions.
The rule further provides in section 2 for consideration of
H.R. 2729 under a closed rule. The rule 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. The rule provides that the
amendment in the nature of a substitute recommended by the
Committee on Education and the Workforce now printed in the
bill, as modified by the amendment printed in part A of this
report, shall be considered as adopted. The rule provides one
motion to recommit H.R. 2729 with or without instructions.
The rule further provides in section 3 for the
consideration of H.R. 2730 under a closed rule. The rule
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. The
rule provides that the amendment recommended by the Committee
on Education and the Workforce now printed in the bill, as
modified by the amendment printed in part B of this report,
shall be considered as adopted. The rule provides one motion to
recommit H.R. 2730 with or without instructions.
The rule further provides in section 4 for the
consideration of H.R. 2731 under a closed rule. The rule
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. The
rule provides that the amendment in the nature of a substitute
recommended by the Committee on Education and the Workforce now
printed in the bill, as modified by the amendment printed in
part C of this report, shall be considered as adopted. The rule
provides one motion to recommit H.R. 2731 with or without
instructions.
The rule further provides in section 5 for the
consideration of H.R. 2732 under a structured rule. The rule
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.
The rule 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).
The rule provides that the amendment recommended 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.
The rule makes in order only those amendments to the
Committee amendment in the nature of a substitute which are
printed in part D of this report. The rule provides that the
amendments made in order may be offered only in the order
printed in this report, may be offered only by a Member
designated in this 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. The rule waives all points of order
against the amendments printed in this report. The rule
provides one motion to recommit H.R. 2732 with or without
instructions.
The rule further provides in section 6 for the engrossment
of H.R. 2728, to which the Clerk shall add the texts of H.R.
2729, H.R. 2730, H.R. 2731, and H.R. 2732, 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. 2732.
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. 2732 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.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 257
Date: May 17, 2004.
Measures: H.R. 2728--Occupational Safety and Health Small
Business in Court Act of 2004, H.R. 2729--Occupational Safety
and Health Review Commission Efficiency Act of 2004, H.R.
2730--Occupational Safety and Health Independent Review of OSHA
Citations Act, 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 2004.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order as new matter H.R.
4256, Fair Minimum Wage Act of 2004, sponsored by
Representative George Miller of California.
Results: Defeated 1 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Myrick--Nay; Reynolds--Nay; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 258
Date: May 17, 2004.
Measures: H.R. 2728--Occupational Safety and Health Small
Business in Court Act of 2004, H.R. 2729--Occupational Safety
and Health Review Commission Efficiency Act of 2004, H.R.
2730--Occupational Safety and Health Independent Review of OSHA
Citations Act, 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 2004.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order a separate rule for
each bill.
Results: Defeated 1 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Myrick--Nay; Reynolds--Nay; Hastings (FL)--Yea; Dreier--Nay.
PART A--SUMMARY OF AMENDMENT TO H.R. 2729 TO BE CONSIDERED AS ADOPTED
(Summary derived from information provided by the amendment
sponsor.)
Boehner: 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 TO BE CONSIDERED AS ADOPTED
(Summary derived from information provided by the amendment
sponsor.)
Boehner: 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 TO BE CONSIDERED AS ADOPTED
(Summary derived from information provided by the amendment
sponsor.)
Boehner: 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 MADE IN ORDER TO H.R. 2432
(Summaries derived from information provided by the
amendment sponsor.)
Ose: Manager's Amendment. Makes no changes in sections 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 (OMB) 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 Committees on the Budget and on Government Affairs in
the Senate. (10 minutes)
Waxman/Tierney: 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 desisionmaking. (20 minutes)
PART A--TEXT OF AMENDMENT TO H.R. 2729 TO BE CONSIDERED AS ADOPTED
Page 3, after line 3, insert the following:
(3) In subsection (f), by striking ``two'' the first
place it appears and inserting ``three''.
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PART B--TEXT OF AMENDMENT TO H.R. 2730 TO BE CONSIDERED AS ADOPTED
At the end of the amendment, add the following:
Page 2, line 11, after ``law'' insert ``that are subject to
agency deference under governing court precedent''.
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PART C--TEXT OF AMENDMENT TO H.R. 2731 TO BE CONSIDERED AS ADOPTED
Page 4, lines 6 and 7, strike ``Occupational Safety and
Health Small Business Day in Court Act of 2004'' and insert
``Occupational Safety and Health Small Employer Access to
Justice Act of 2004''.
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PART D--TEXT OF AMENDMENTS MADE IN ORDER TO H.R. 2432
1. An Amendment To Be Offered by Representative Ose of California, or
His Designee, Debatable for 10 Minutes
In section 5, insert ``(a) Permanent Authority.--'' before
``The purpose''.
In section 5, strike paragraph (2) and the matter preceding
subparagraph (A) of paragraph (3) and insert the following:
(2) in section 5, by striking ``$5,200,000 for each
of fiscal years 2000 through 2002'' and inserting
``$5,000,000 for each fiscal year beginning after
September 30, 2004''; and
(3) in section 6--
Add at the end of section 5 the following:
(b) Effective Date.--The amendments made by this section
shall take effect 90 days after the date of the enactment of
this Act.
In section 6, strike subsection (b) and redesignate
subsection (c) as subsection (b).
In section 1120(d) of title 31, United States Code, as
proposed to be added by section 6(b) (as so redesignated), in
the matter preceding paragraph (1), insert after ``Management
and Budget'' the following: ``, after consultation with the
Committees on the Budget and on Government Reform of the House
of Representatives and the Committees on the Budget and on
Governmental Affairs of the Senate,''.
In section 1120 of title 31, United States Code, as proposed
to be added by section 6(b) (as so redesignated), strike the
closing quotation marks and second period at the end and insert
the following:
``(e) The report on the study on regulatory budgeting
required under subsection (d) shall also be submitted directly
to the Committees on the Budget and on Government Reform of the
House of Representatives and the Committees on the Budget and
on Governmental Affairs of the Senate.''.
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2. An Amendment To Be Offered by Representative Waxman of California,
or His Designee, Debatable for 20 Minutes
Add at the end the following new title:
TITLE II--COMMISSION ON POLITICIZATION OF SCIENCE IN THE REGULATORY
PROCESS
SEC. 201. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the
Independent Commission on Politicization of Science in the
Regulatory Process (in this Act referred to as the
``Commission'').
SEC. 202. DUTIES.
The Commission shall carry out the following duties:
(1) Examine and evaluate executive branch regulatory
activities and associated decisions to determine the
extent to which political considerations have
undermined the quality and use of science. As part of
this examination and evaluation, the Commission shall
consider the regulatory activities and associated
decisions listed in--
(A) ``Politics and Science in the Bush
Administration,'' an August 2003 report
prepared by the minority staff of the Committee
on Government Reform of the House of
Representatives; and
(B) ``Scientific Integrity in Policymaking,''
a March 2004 report prepared by the Union of
Concerned Scientists, which was accompanied by
a statement of concern signed by 20 Nobel
Laureates and other distinguished scientists.
(2) Report to Congress and the President on its
findings and conclusions, as well as make
recommendations to Congress and the President on
measures that can be taken to enhance the integrity of
science in executive branch regulatory activities and
associated decisions.
SEC. 203. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members,
of whom--
(1) 1 member shall be appointed by the President, who
shall serve as chairman of the Commission;
(2) 1 member shall be jointly appointed by the
minority leader of the Senate and the minority leader
of the House of Representatives, who shall serve as
vice chairman of the Commission;
(3) 2 members shall be appointed by the majority
leader of the Senate;
(4) 2 members shall be appointed by the Speaker of
the House of Representatives;
(5) 2 members shall be appointed by the minority
leader of the Senate; and
(6) 2 members shall be appointed by the minority
leader of the House of Representatives.
(b) Qualifications; Initial Meeting.--
(1) Nongovernmental appointees.--An individual
appointed to the Commission may not be an officer or
employee of the Federal Government or any State or
local government.
(2) Other qualifications.--Individuals that shall be
appointed to the Commission should be prominent United
States citizens, with national recognition and
significant depth of experience in scientific
professions, governmental service, and public
administration.
(3) Deadline for appointment.--All members of the
Commission shall be appointed within 45 days following
the enactment of this Act.
(4) Meetings.--The Commission shall meet and begin
the operations of the Commission as soon as
practicable. After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority
of its members.
(c) Quorum; Vacancies.--Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(d) Conflicts of Interest.--Each member appointed to the
Commission shall submit a financial disclosure report pursuant
to the Ethics in Government Act of 1978, notwithstanding the
minimum required rate of compensation or time period employed.
SEC. 204. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title, hold
such hearings and sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths as the Commission or such designated subcommittee or
designated member may determine advisable.
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties of
this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly
from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Federal Government, information,
suggestions, estimates, and statistics for the purposes
of this Act. Each department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request
made by the chairman, the chairman of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored,
and disseminated by members of the Commission and its
staff consistent with all applicable statutes,
regulations, and Executive Orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's functions.
(2) Other departments and agencies.--In addition to
the assistance prescribed in paragraph (1), departments
and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and
other support services as they may determine advisable
and as may be authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 205. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with
rules agreed upon by the Commission, may appoint and
fix the compensation of a staff director and such other
personnel as may be necessary to enable the Commission
to carry out its functions, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(2) Personnel as federal employees.--
(A) In general.--The staff director and any
personnel of the Commission who are employees
shall be employees under section 2105 of title
5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, and 90 of that
title.
(B) Members of commission.--Subparagraph (A)
shall not be construed to apply to members of
the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
SEC. 206. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be
compensated at a rate not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, for each day during which that member is engaged
in the actual performance of the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular
places of business in the performance of services for the
Commission, members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
SEC. 207. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to Congress
and the President interim reports containing such findings,
conclusions, and recommendations for corrective measures as
have been agreed to by a majority of Commission members.
(b) Final Report.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall submit to
Congress and the President a final report containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
SEC. 208. TERMINATION.
(a) In General.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(b) Administrative Activities Before Termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 209. FUNDING.
(a) Authorization of Appropriations.--There is authorized to
be appropriated funds not to exceed $5,000,000 for purposes of
the activities of the Commission under this Act.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until
the termination of the Commission.
At the end of section 2, insert the following:
TITLE I--AMENDMENTS RELATING TO PAPERWORK REDUCTION
Redesignate sections 3, 4, 5, and 6 as sections 101, 102,
103, and 104, respectively.