S.Amdt. 2147

SA 2147. Ms. SMITH submitted an amendment intended to be proposed by
her to the bill S. 2155, to promote economic growth, provide tailored
regulatory relief, and enhance consumer protections, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. ACTING OFFICERS AT INDEPENDENT REGULATORY
AGENCIES.

(a) In General.--Section 3345 of title 5, United States
Code, is amended--
(1) in subsection (a)(2), by inserting ``and except as
provided in subsection (d),'' after ``notwithstanding
paragraph (1),''; and
(2) by adding at the end the following:
``(d) The President may not exercise authority under
subsection (a)(2) if the vacant office described in that
subsection is at an independent regulatory agency, as defined
in section 3502(5) of title 44.''.
(b) Application.--
(1) Definitions.--In this subsection--
(A) the term ``covered office'' means an office--
(i) for which appointment is required to be made by the
President, by and with the advice and consent of the Senate;
(ii) the functions and duties of which the President may
direct an individual to perform temporarily in an acting
capacity under section 3345(a)(2) of title 5, United States
Code, as in effect on the day before the date of enactment of
this Act; and
(iii) that is at an independent regulatory agency; and
(B) the term ``independent regulatory agency'' has the
meaning given the term in section 3502(5) of title 44, United
States Code.
(2) Prohibition.--Beginning on the date of enactment of
this Act, an individual who, as of the day before that date,
served in a covered office pursuant to direction from the
President under section 3345(a)(2) of title 5, United States
Code, as in effect on the day before the date of enactment of
this Act, may not continue to serve in that covered office
unless, as of the date on which the President issued that
direction, the individual was eligible to serve in the
covered office under a provision of law other than such
section 3345(a)(2).
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