[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1147 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1147

To prohibit Presidential nominees from performing certain governmental 
                   functions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 23 (legislative day, June 22), 1993

  Mr. Kempthorne (for himself, Mr. Bennett, Mr. Brown, Mr. Coats, Mr. 
   Cohen, Mr. Coverdell, Mr. Craig, Mr. Domenici, Mr. Faircloth, Mr. 
Grassley, Mr. Gregg, Mr. Helms, Mrs. Kassebaum, Mr. Lott, Mr. Nickles, 
  Mr. Mack, Mr. Murkowski, Mr. Smith, Mr. Stevens, Mr. Thurmond, Mr. 
 Wallop, Mr. Hatfield, and Mr. McCain) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To prohibit Presidential nominees from performing certain governmental 
                   functions, and for other purposes.

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

SECTION 1. PROHIBITION OF PRESIDENTIAL NOMINEES PERFORMING CERTAIN 
              GOVERNMENTAL FUNCTIONS.

    (a) In General.--(1) Subject to the provisions of subsection (c), 
no person nominated by the President to serve in an office which 
requires the advice and consent of the Senate for appointment may 
perform any function described under paragraph (2) before such 
appointment is approved by the Senate.
    (2) The functions referred to under paragraph (1) shall include any 
function which is authorized or required by law to be performed by an 
officer of the United States, regardless of whether such function may 
be delegated by law.
    (b) Nominees Compensated for Services.--The provisions of 
subsection (a) shall apply to any such person, regardless of whether 
such person is compensated for temporary or intermittent services under 
section 3109 of title 5, United States Code, or any other provision of 
law.
    (c) Application.--(1) The provisions of this Act shall not apply to 
any officer of the United States with respect to the functions of the 
office held by such officer at the time of nomination by the President 
for appointment to another office.
    (2) The provisions of this Act shall not affect the application of 
subchapter III of chapter 33 of title 5, United States Code.
    (3) The provisions of this Act shall not be construed to affect the 
power of the President to fill a vacancy during the recess of the 
Senate.

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