[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 740 Reported in House (RH)]






                                                  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 following bill; 
   which was referred to the Committee on Education and the Workforce

                             April 18, 2005

Additional sponsors: Mr. Fortuno, 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 to provide for 
    greater efficiency at the Occupational Safety and Health Review 
                              Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Occupational Safety and 
Health Review Commission Efficiency Act of 2005''.</DELETED>

<DELETED>SEC. 2. OCCUPATIONAL SAFETY AND HEALTH REVIEW 
              COMMISSION.</DELETED>

<DELETED>    (a) Increase in Number of Members and Requirement for 
Membership.--Section 12 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 661) is amended--</DELETED>
        <DELETED>    (1) in the second sentence of subsection (a)--
        </DELETED>
                <DELETED>    (A) by striking ``three members'' and 
                inserting ``five members''; and</DELETED>
                <DELETED>    (B) by inserting ``legal'' before 
                ``training'';</DELETED>
        <DELETED>    (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 continuation 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 appointed shall be filled only for 
        the remainder of such term.''; and</DELETED>
        <DELETED>    (3) in subsection (f), by striking ``two members'' 
        each place it appears and inserting ``three 
        members''.</DELETED>
<DELETED>    (b) New Positions.--Of the two vacancies for membership 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.</DELETED>
<DELETED>    (c) Effective Date for Legal Training Requirement.--The 
amendment made by subsection (a)(1)(B), requiring a member of the 
Commission to possess a background in legal training, shall apply 
beginning with the two vacancies referred to in subsection (b) and all 
subsequent appointments to the Commission.</DELETED>

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 Criteria for Membership.--
Section 12 of the Occupational 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 inserting 
                ``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 continuation 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 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 members''.
    (b) New Positions.--Of the two vacancies for membership 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 subsection (a)(1)(B) 
shall apply beginning with the 2 vacancies referred to in subsection 
(b) and all subsequent appointments 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 
                              Commission.

_______________________________________________________________________

                             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