GOP looks to limit CFPB, NLRB powers in reaction to ‘recess’ appointments

By Pete Kasperowicz - 01/18/12 10:32 AM ET

Rep. Jeff Landry (La.) and 20 other House Republicans introduced legislation this week that would limit the authority of the Consumer Financial Protection Bureau (CFPB) and the National Labor Relations Board (NLRB) to operate as long as they are headed by appointees who were recess-appointed while the Senate was not in recess.

The bill is a reaction to President Obama’s Jan. 4 appointment of Richard Cordray to head the CFPB, and three other appointees to the NLRB. Republicans in both the House and Senate said these appointments were an illegal power grab, as the Senate was not in recess, and instead was holding pro forma sessions every few days.

Landry earlier this month warned that he would look to defend the Constitution against Obama’s recess appointments to these boards. His bill, the Executive Appointments Reform Act, specifically attacks the the CFPB by limiting the powers of that board if the director is recess-appointed while the Senate is not in recess.

“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,” the bill states.

The bill also amends the Dodd-Frank law that set up the CFPB to say that recess appointments made while the Senate was not in recess cannot be paid a salary until they have been confirmed by the Senate. And it prohibits these appointees from working without pay.

The bill makes similar changes for the NLRB, by holding that a quorum at that board cannot be constituted by members who have not been confirmed by the Senate. And it would prevent any official appointed without Senate approval from working without pay.

Aside from Landry’s bill, H.R. 3770, House Republicans led by Rep. Diane Black (Tenn.) have put forward a resolution that disapproves of the recess appointments. That resolution, H.Res. 509, was introduced with 69 co-sponsors.