IB 
Union Calendar No. 27 
109TH CONGRESS 
1ST SESSION 
H. R. 740 
[Report No. 109–47] 
To amend the Occupational Safety and Health Act of 1970 to provide for 
greater efficiency at the Occupational Safety and Health Review Commission. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 10, 2005 
Mr. NORWOOD (for himself, Mr. BOEHNER, Mr. SAM JOHNSON of Texas, Mr. 
MCKEON, Mr. EHLERS, Mrs. BIGGERT, Mr. KELLER, Mr. WILSON of 
South Carolina, Mr. KLINE, and Mr. NEUGEBAUER) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
APRIL 18, 2005 
Additional sponsors: Mr. FORTUN˜O, Mrs. DRAKE, Mr. PITTS, Mr. HALL, Mr. 
MARCHANT, Mr. SULLIVAN, Mrs. MUSGRAVE, Mr. BOUSTANY, Mr. PRICE 
of Georgia, Mr. BARRETT of South Carolina, Mr. SOUDER, Ms. FOXX, 
Mr. KUHL of New York 
Deleted sponsor: Mr. PRICE of North Carolina (added March 10, 2005; 
deleted April 6, 2005) 
APRIL 18, 2005 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
A BILL 
To amend the Occupational Safety and Health Act of 1970
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Occupational Safety 
and Health Review Commission Efficiency Act of 2005’’. 
SEC.
2.
OCCUPATIONAL
SAFETY
AND
HEALTH
REVIEW 
COMMISSION. 
(a) INCREASE IN NUMBER OF MEMBERS AND RE-
QUIREMENT FOR MEMBERSHIP.—Section 12 of the Occu-
pational Safety and Health Act of 1970 (29 U.S.C. 661) 
is amended—
(1) in the second sentence of subsection (a)—
(A) by striking ‘‘three members’’ and in-
serting ‘‘five members’’; and 
(B) by inserting ‘‘legal’’ before ‘‘training’’; 
(2) in the first sentence of subsection (b), by 
striking ‘‘except that’’ and all that follows through 
the period and inserting the following: ‘‘except that 
the President may extend the term of a member for 
no more than 365 consecutive days to allow a con-
tinuation in service at the pleasure of the President 
after the expiration of the term of that member until 
a successor nominated by the President has been 
confirmed to serve. Any vacancy caused by the 
death, resignation, or removal of a member before
the expiration of a term for which a member was ap-
pointed shall be filled only for the remainder of such 
term.’’; and 
(3) in subsection (f), by striking ‘‘two mem-
bers’’ each place it appears and inserting ‘‘three 
members’’. 
(b) NEW POSITIONS.—Of the two vacancies for mem-
bership on the Occupational Safety and Health Review 
Commission created by subsection (a)(1)(A), one shall be 
appointed by the President for a term expiring on April 
27, 2008, and the other shall be appointed by the Presi-
dent for a term expiring on April 27, 2010. 
(c) EFFECTIVE DATE FOR LEGAL TRAINING RE-
QUIREMENT.—The
amendment
made
by
subsection 
(a)(1)(B), requiring a member of the Commission to pos-
sess a background in legal training, shall apply beginning 
with the two vacancies referred to in subsection (b) and 
all subsequent appointments to the Commission.
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Occupational Safety and 
Health Review Commission Efficiency Act of 2005’’. 
SEC. 2. OCCUPATIONAL SAFETY AND HEALTH REVIEW COM-
MISSION. 
(a) INCREASE IN NUMBER OF MEMBERS AND CRI-
TERIA FOR MEMBERSHIP.—Section 12 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 661) is amend-
ed—
(1) in the second sentence of subsection (a)—
(A) by striking ‘‘three members’’ and insert-
ing ‘‘five members’’; and 
(B) by inserting ‘‘legal’’ before ‘‘training’’; 
(2) in the first sentence of subsection (b), by 
striking ‘‘except that’’ and all that follows through the 
period and inserting the following: ‘‘except that the 
President may extend the term of a member for no 
more than 365 consecutive days to allow a continu-
ation in service at the pleasure of the President after 
the expiration of the term of that member until a suc-
cessor nominated by the President has been confirmed 
to serve. Any vacancy caused by the death, resigna-
tion, or removal of a member before the expiration of 
a term for which a member was appointed shall be 
filled only for the remainder of such term.’’; and 
(3) in subsection (f), by striking ‘‘two members’’ 
the first place it appears and inserting ‘‘three mem-
bers’’. 
(b) NEW POSITIONS.—Of the two vacancies for mem-
bership on the Occupational Safety and Health Review 
Commission created by subsection (a)(1)(A), one shall be 
appointed by the President for a term expiring on April
27, 2008, and the other shall be appointed by the President 
for a term expiring on April 27, 2010. 
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a)(1)(B) shall apply beginning with the 2 vacancies 
referred to in subsection (b) and all subsequent appoint-
ments to the Commission.
Union Calendar No. 27
109TH CONGRESS 
1ST SESSION 
H. R. 740
[Report No. 109–47] 
A BILL 
To amend the Occupational Safety and Health Act 
of 1970 to provide for greater efficiency at the 
Occupational Safety and Health Review Commis-
sion. 
APRIL 18, 2005
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed