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Text of the Executive Appointments Reform Act

This bill was introduced on January 17, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 17, 2012 (Introduced).

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Source: GPO

I

112th CONGRESS

2d Session

H. R. 3770

IN THE HOUSE OF REPRESENTATIVES

January 13, 2012

(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 filled by and with the advice and consent of the Senate, and for other purposes.

1.

Short title

This Act may be cited as the Executive Appointments Reform Act.

2.

Recess appointments pay reform

Section 5503 of title 5, United States Code, is amended—

(1)

by striking the second sentence of subsection (a);

(2)

by striking subsection (b); and

(3)

by striking (a) Payment and inserting Payment.

3.

Limitation on voluntary services

Section 1342 of title 31, United States Code, is amended—

(1)

by redesignating the text of such section as subsection (a); and

(2)

by adding at the end the following:

(b)

No officer or employee of the United States Government serving in a position required by law to be filled with the advice and consent of the Senate may provide voluntary or gratuitous services.

.

4.

Requirement relating to a quorum for the National Labor Relations Board

Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended by adding at the end the following: A quorum shall not be constituted by any member of the Board who shall not have been confirmed by the Senate..

5.

Amendments relating to the Bureau of Consumer Financial Protection

(a)

Effectiveness of rules

Section 1022(b)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5512(b)(1)) is amended by adding at the end the following: No rule, order, or other administrative action shall be considered final if the Director was appointed during a recess of the Senate and the position of Director was vacant while the Senate was in session, until the Director has been confirmed by the Senate..

(b)

Repeal

Section 1017(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5497(c)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).

(c)

Treatment of recess appointments; limitation on voluntary services

Section 1011(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5491(b)) is amended by adding at the end the following:

(6)

Treatment of recess appointees; limitation on voluntary services

(A)

Recess appointees not to receive pay

Payment for services may not be made to an individual appointed during a recess of the Senate to fill a vacancy in the Bureau, 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, until the appointee has been confirmed by the Senate.

(B)

Limitation on voluntary services

No officer or employee of the Bureau serving in a position required by law to be filled with the advice and consent of the Senate may provide voluntary or gratuitous services.

.

6.

Effective date

This Act and the amendments made by this Act shall be effective as of January 1, 2012.