II 

113TH CONGRESS 

1ST SESSION S. 188 

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 SENATE OF THE UNITED STATES 

JANUARY 30, 2013 

Mr. BLUNT (for himself, Mr. CRUZ, Mr. LEE, Mr. SCOTT, Mr. INHOFE, Mr. 

ROBERTS, and Mr. CORNYN) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

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. 

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 ‘‘Advice and Consent 

5 Restoration Act’’. 


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1 SEC. 2. NO SALARIES FOR UNCONSTITUTIONAL NLRB AP2 POINTMENTS. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, an individual shall not receive any salary or 

5 payment for services performed as a member of the Na6 tional Labor Relations Board unless the individual has 

7 been appointed— 

8 (1) by and with the advice and consent of the 

9 Senate, in accordance with clause 2 of section 2 of 

10 article II of the United States Constitution; or 

11 (2) appointed appropriately in accordance with 

12 clause 3 of section 2 of article II of the United 

13 States Constitution. 

14 (b) EFFECTIVE DATE.—This section shall take effect 

15 on the first day of the first applicable pay period beginning 

16 on or after the date of enactment of this Act. 

17 SEC. 3. PROHIBITING NLRB ACTIONS OR DECISIONS. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, an unconstitutional quorum of the National 

20 Labor Relations Board shall not convene or take any agen21 cy action, as defined in section 551 of title 5, United 

22 States Code, and including any determination, hearing, in23 vestigation, direction of election, certification, order, rule, 

24 regulation, or review of any determination, until the date 

25 on which final judgment is entered in all cases challenging 

26 the constitutionality of the purported appointment of indiVerDate Mar 15 2010 03:11 Feb 07, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S188.IS S188

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1 viduals to such Board that are pending before a Federal 

2 court on the date of enactment of this Act. 

3 (b) DEFINITION.—In this section, the term ‘‘uncon4 stitutional quorum’’ means a quorum of the National 

5 Labor Relations Board that includes one or more individ6 uals who were purportedly appointed to the Board and 

7 who are the subject of a cause of action relating to such 

8 purported appointment that is pending before a Federal 

9 court on the date of enactment of this Act. 

Æ 


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