Executive Appointments Reform Act - Eliminates exceptions to the prohibition against payment for services to an individual appointed to a federal position requiring confirmation by the U.S. Senate (advice and consent) during a recess of the Senate.
Prohibits any federal officer or employee serving in a position that requires Senate confirmation from providing voluntary or gratuitous services.
Amends the National Labor Relations Act to provide that a quorum required by the National Labor Relations Board to conduct its business shall not include any member of such Board who has not been confirmed by the Senate.
Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to: (1) provide that no rule, order, or other administrative action of the Bureau of Consumer Financial Protection shall be considered final if the Director of the Bureau was appointed during a recess of the Senate and the position of Director was vacant while the Senate was in session, until the Director has been confirmed by the Senate; (2) prohibit payment for services to any person appointed to the Bureau during a recess of the Senate to fill a vacancy in the Bureau requiring Senate confirmation, if the vacancy existed while the Senate was in session, until such appointee is confirmed by the Senate; and (3) prohibit an employee or officer of the Bureau serving in a position that requires Senate confirmation from providing voluntary or gratuitous services.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3770 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 3770
To amend title 5, United States Code, to provide that payment for
services may not be made to an individual appointed during a recess of
the Senate to fill a vacancy in an existing office, if the vacancy
existed while the Senate was in session and was by law required to be
filled by and with the advice and consent of the Senate, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2012
Mr. Landry (for himself, Mr. Duncan of South Carolina, Mr. Ross of
Florida, Mrs. Black, Mr. Rogers of Alabama, Mr. Burton of Indiana, Mr.
Westmoreland, Mr. Johnson of Ohio, Mr. Griffith of Virginia, Mr.
Stearns, Mr. Miller of Florida, Mr. Gowdy, Mr. Sam Johnson of Texas,
Mrs. Blackburn, Mr. Gosar, Mr. Scott of South Carolina, Mr. Franks of
Arizona, Mr. Brooks, Mr. Murphy of Pennsylvania, Ms. Jenkins, Mr.
Scalise, and Mr. Barletta) introduced the following bill
January 17, 2012
Referred to the Committee on Oversight and Government Reform, and in
addition to the Committees on Education and the Workforce and Financial
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide that payment for
services may not be made to an individual appointed during a recess of
the Senate to fill a vacancy in an existing office, if the vacancy
existed while the Senate was in session and was by law required to be
filled by and with the advice and consent of the Senate, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Appointments Reform Act''.
SEC. 2. RECESS APPOINTMENTS PAY REFORM.
Section 5503 of title 5, United States Code, is amended--
(1) by striking the second sentence of subsection (a);
(2) by striking subsection (b); and
(3) by striking ``(a) Payment'' and inserting ``Payment''.
SEC. 3. LIMITATION ON VOLUNTARY SERVICES.
Section 1342 of title 31, United States Code, is amended--
(1) by redesignating the text of such section as subsection
(a); and
(2) by adding at the end the following:
``(b) No officer or employee of the United States Government
serving in a position required by law to be filled with the advice and
consent of the Senate may provide voluntary or gratuitous services.''.
SEC. 4. REQUIREMENT RELATING TO A QUORUM FOR THE NATIONAL LABOR
RELATIONS BOARD.
Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b))
is amended by adding at the end the following: ``A quorum shall not be
constituted by any member of the Board who shall not have been
confirmed by the Senate.''.
SEC. 5. AMENDMENTS RELATING TO THE BUREAU OF CONSUMER FINANCIAL
PROTECTION.
(a) Effectiveness of Rules.--Section 1022(b)(1) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5512(b)(1))
is amended by adding at the end the following: ``No rule, order, or
other administrative action shall be considered final if the Director
was appointed during a recess of the Senate and the position of
Director was vacant while the Senate was in session, until the Director
has been confirmed by the Senate.''.
(b) Repeal.--Section 1017(c) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5497(c)) is amended by striking
paragraph (2) and redesignating paragraph (3) as paragraph (2).
(c) Treatment of Recess Appointments; Limitation on Voluntary
Services.--Section 1011(b) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5491(b)) is amended by adding at the
end the following:
``(6) Treatment of recess appointees; limitation on
voluntary services.--
``(A) Recess appointees not to receive pay.--
Payment for services may not be made to an individual
appointed during a recess of the Senate to fill a
vacancy in the Bureau, if the vacancy existed while the
Senate was in session and was by law required to be
filled by and with the advice and consent of the
Senate, until the appointee has been confirmed by the
Senate.
``(B) Limitation on voluntary services.--No officer
or employee of the Bureau serving in a position
required by law to be filled with the advice and
consent of the Senate may provide voluntary or
gratuitous services.''.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall be effective as
of January 1, 2012.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Education and the Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Education and the Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Education and the Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Financial Institutions and Consumer Credit.
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line