I 

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 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•HR 3770 IH

filled by and with the advice and consent of the Senate, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Executive Appoint5 ments Reform Act’’. 

6 SEC. 2. RECESS APPOINTMENTS PAY REFORM. 

7 Section 5503 of title 5, United States Code, is 

8 amended— 

9 (1) by striking the second sentence of sub10 section (a); 

11 (2) by striking subsection (b); and 

12 (3) by striking ‘‘(a) Payment’’ and inserting 

13 ‘‘Payment’’. 

14 SEC. 3. LIMITATION ON VOLUNTARY SERVICES. 

15 Section 1342 of title 31, United States Code, is 

16 amended— 

17 (1) by redesignating the text of such section as 

18 subsection (a); and 

19 (2) by adding at the end the following: 

20 ‘‘(b) No officer or employee of the United States Gov21 ernment serving in a position required by law to be filled 

22 with the advice and consent of the Senate may provide 

23 voluntary or gratuitous services.’’. 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•HR 3770 IH

1 SEC. 4. REQUIREMENT RELATING TO A QUORUM FOR THE 

2 NATIONAL LABOR RELATIONS BOARD. 

3 Section 3(b) of the National Labor Relations Act (29 

4 U.S.C. 153(b)) is amended by adding at the end the fol5 lowing: ‘‘A quorum shall not be constituted by any mem6 ber of the Board who shall not have been confirmed by 

7 the Senate.’’. 

8 SEC. 5. AMENDMENTS RELATING TO THE BUREAU OF CON9 SUMER FINANCIAL PROTECTION. 

10 (a) EFFECTIVENESS OF RULES.—Section 1022(b)(1) 

11 of the Dodd-Frank Wall Street Reform and Consumer 

12 Protection Act (12 U.S.C. 5512(b)(1)) is amended by add13 ing at the end the following: ‘‘No rule, order, or other ad14 ministrative action shall be considered final if the Director 

15 was appointed during a recess of the Senate and the posi16 tion of Director was vacant while the Senate was in ses17 sion, until the Director has been confirmed by the Sen18 ate.’’. 

19 (b) REPEAL.—Section 1017(c) of the Dodd-Frank 

20 Wall Street Reform and Consumer Protection Act (12 

21 U.S.C. 5497(c)) is amended by striking paragraph (2) and 

22 redesignating paragraph (3) as paragraph (2). 

23 (c) TREATMENT OF RECESS APPOINTMENTS; LIMI24 TATION ON VOLUNTARY SERVICES.—Section 1011(b) of 

25 the Dodd-Frank Wall Street Reform and Consumer ProVerDate Mar 15 2010 02:22 Jan 18, 2012 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3770.IH H3770

pwalker on DSK7TPTVN1PROD with BILLS
4 

•HR 3770 IH

1 tection Act (12 U.S.C. 5491(b)) is amended by adding at 

2 the end the following: 

3 ‘‘(6) TREATMENT OF RECESS APPOINTEES; LIM4 ITATION ON VOLUNTARY SERVICES.— 

5 ‘‘(A) RECESS APPOINTEES NOT TO RE6 CEIVE PAY.—Payment for services may not be 

7 made to an individual appointed during a recess 

8 of the Senate to fill a vacancy in the Bureau, 

9 if the vacancy existed while the Senate was in 

10 session and was by law required to be filled by 

11 and with the advice and consent of the Senate, 

12 until the appointee has been confirmed by the 

13 Senate. 

14 ‘‘(B) LIMITATION ON VOLUNTARY SERV15 ICES.—No officer or employee of the Bureau 

16 serving in a position required by law to be filled 

17 with the advice and consent of the Senate may 

18 provide voluntary or gratuitous services.’’. 

19 SEC. 6. EFFECTIVE DATE. 

20 This Act and the amendments made by this Act shall 

21 be effective as of January 1, 2012. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS