[Congressional Record Volume 164, Number 40 (Wednesday, March 7, 2018)]
[Senate]
[Page S1502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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