Text: H.R.976 — 113th Congress (2013-2014)

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Introduced in House (03/05/2013)


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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 976 Introduced in House (IH)]

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) introduced the following bill; which 
      was referred to the Committee on Education 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 pending in Federal court, and to prohibit further 
                 actions by such Board until such time.

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

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 Constitution.
    (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 unconstitutionality 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 National 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 unconstitutionality 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. 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 
National Labor Relations Act (29 U.S.C.153(d)).
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