Advice and Consent Restoration Act

Advice and Consent Restoration Act - Prohibits a National Labor Relations Board (NLRB) member from receiving a salary unless that member has been appointed: (1) by and with the advice and consent of the Senate, or (2) by the President to fill a vacancy during a recess of the Senate.

Prohibits an unconstitutional quorum of the NLRB from convening or taking any agency action until a final judgment is entered in all cases pending before a federal court challenging the constitutionality of the purported appointment of NLRB members.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 557 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 557

 To prevent certain individuals purportedly appointed to the National 
   Labor Relations Board from receiving salaries, and to prevent an 
unconstitutional quorum of the Board from taking agency actions, until 
      there is a final decision in pending lawsuits regarding the 
       constitutionality of certain alleged recess appointments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2013

Mr. Kelly (for himself, Mr. Burgess, Mr. Fincher, Mr. Pompeo, Mr. Long, 
Mr. Messer, Mr. Fleming, Mr. Perry, Mr. Marchant, Mr. Fleischmann, Mr. 
 LaMalfa, Mr. Kingston, Mr. Pearce, Mr. Olson, Mr. Gardner, Mr. Austin 
  Scott of Georgia, Mr. Chabot, Mr. Brooks of Alabama, Mr. Cole, Mr. 
 Cotton, Mr. Jones, Mrs. Black, Mr. DesJarlais, Mr. Westmoreland, Mr. 
Gingrey of Georgia, Mr. Meadows, Mr. Rokita, Mr. Stockman, Mr. Scalise, 
Mr. Gowdy, and Mr. Duncan of Tennessee) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To prevent certain individuals purportedly appointed to the National 
   Labor Relations Board from receiving salaries, and to prevent an 
unconstitutional quorum of the Board from taking agency actions, until 
      there is a final decision in pending lawsuits regarding the 
       constitutionality of certain alleged recess appointments.

    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 ``Advice and Consent Restoration 
Act''.

SEC. 2. NO SALARIES FOR UNCONSTITUTIONAL NLRB APPOINTMENTS.

    (a) In General.--Notwithstanding any other provision of law, an 
individual shall not receive any salary or payment for services 
performed as a member of the National Labor Relations Board unless the 
individual has been appointed--
            (1) by and with the advice and consent of the Senate, in 
        accordance with clause 2 of section 2 of article II of the 
        United States Constitution; or
            (2) appointed appropriately in accordance with clause 3 of 
        section 2 of article II of the United States Constitution.
    (b) Effective Date.--This section shall take effect on the first 
day of the first applicable pay period beginning on or after the date 
of enactment of this Act.

SEC. 3. PROHIBITING NLRB ACTIONS OR DECISIONS.

    (a) In General.--Notwithstanding any other provision of law, an 
unconstitutional quorum of the National Labor Relations Board shall not 
convene or take any agency action, as defined in section 551 of title 
5, United States Code, and including any determination, hearing, 
investigation, direction of election, certification, order, rule, 
regulation, or review of any determination, until the date on which 
final judgment is entered in all cases challenging the 
constitutionality of the purported appointment of individuals to such 
Board that are pending before a Federal court on the date of enactment 
of this Act.
    (b) Definition.--In this section, the term ``unconstitutional 
quorum'' means a quorum of the National Labor Relations Board that 
includes 1 or more individuals who were purportedly appointed to the 
Board and who are the subject of a cause of action relating to such 
purported appointment that is pending before a Federal court on the 
date of enactment of this Act.
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