I 
113TH CONGRESS 
1ST SESSION 
H. R. 976 
To declare that certain agency actions by the National Labor Relations 
Board shall have no force or effect until final disposition is made in 
certain actions relating to the appointment of individuals to such Board 
that are pending in Federal court, and to prohibit further actions by 
such Board until such time. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2013 
Mr. WOMACK (for himself, Mr. GRIFFIN of Arkansas, Mr. CRAWFORD, Mr. 
COTTON, Mr. CONAWAY, Mr. HARRIS, Mr. ADERHOLT, Mr. ROGERS of 
Alabama, Mr. KINGSTON, Mr. WESTMORELAND, Mr. JONES, Mr. 
MULVANEY, Mr. COLE, Mr. CRAMER, Mr. SCALISE, and Mr. LONG) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To declare that certain agency actions by the National Labor 
Relations Board shall have no force or effect until final 
disposition is made in certain actions relating to the 
appointment of individuals to such Board that are pend-
ing in Federal court, and to prohibit further actions 
by such Board until such time. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. REGULATIONS ISSUED BY NLRB TO HAVE NO 
FORCE OR EFFECT PENDING FINAL ACTION 
IN FEDERAL COURT. 
(a) INVALIDITY OF REGULATIONS.—Notwithstanding 
any other provision of law, any agency action taken by 
the National Labor Relations Board since January 4, 
2012, shall have no force or effect unless each member 
of such Board 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) appropriately in accordance with clause 3 of 
section 2 of article II of the United States Constitu-
tion. 
(b) EFFECTIVE DATE.—Subsection (a) shall cease to 
have effect on the date on which final disposition is made 
in all actions that allege as a material fact the unconsti-
tutionality of the appointment of individuals to such 
Board that are pending before a Federal court as of the 
date of enactment of this Act. 
SEC. 2. PROHIBITION ON NLRB ACTIONS. 
Notwithstanding any other provision of law, the Na-
tional Labor Relations Board shall not take any agency 
action until the date on which final disposition is made 
in all actions that allege as a material fact the unconsti-
tutionality of the appointment of individuals to such 
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Board that are pending before a Federal court as of the 
date of enactment of this Act. 
SEC. 3. AGENCY ACTION DEFINED. 
As used in this Act, the term ‘‘agency action’’ has 
the meaning given such term in section 551 of title 5, 
United States Code, but does not include an action taken 
by the General Counsel of the National Labor Relations 
Board under authority set forth section 3(d) of the Na-
tional Labor Relations Act (29 U.S.C.153(d)). 
Æ 
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