I 

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. 

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


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•HR 557 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Advice and Consent 

3 Restoration Act’’. 

4 SEC. 2. NO SALARIES FOR UNCONSTITUTIONAL NLRB AP5 POINTMENTS. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, an individual shall not receive any salary or 

8 payment for services performed as a member of the Na9 tional Labor Relations Board unless the individual has 

10 been appointed— 

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

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

13 article II of the United States Constitution; or 

14 (2) appointed appropriately in accordance with 

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

16 States Constitution. 

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

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

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

20 SEC. 3. PROHIBITING NLRB ACTIONS OR DECISIONS. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, an unconstitutional quorum of the National 

23 Labor Relations Board shall not convene or take any agen24 cy action, as defined in section 551 of title 5, United 

25 States Code, and including any determination, hearing, in26 vestigation, direction of election, certification, order, rule, 


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•HR 557 IH

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

2 on which final judgment is entered in all cases challenging 

3 the constitutionality of the purported appointment of indi4 viduals to such Board that are pending before a Federal 

5 court on the date of enactment of this Act. 

6 (b) DEFINITION.—In this section, the term ‘‘uncon7 stitutional quorum’’ means a quorum of the National 

8 Labor Relations Board that includes 1 or more individuals 

9 who were purportedly appointed to the Board and who are 

10 the subject of a cause of action relating to such purported 

11 appointment that is pending before a Federal court on the 

12 date of enactment of this Act. 

Æ 


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