[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3487 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 672
115th CONGRESS
  2d Session
                                S. 3487

                          [Report No. 115-386]

To amend the Presidential Transition Act of 1963 to improve the orderly 
    transfer of the executive power during Presidential transitions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2018

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                           November 26, 2018

                Reported by Mr. Johnson, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Presidential Transition Act of 1963 to improve the orderly 
    transfer of the executive power during Presidential transitions.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Transition Enhancement 
Act of 2018''.

SEC. 2. PRESIDENTIAL TRANSITION ENHANCEMENTS.

    (a) In General.--Section 3 of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
        <DELETED>    (1) in subsection (a)(2), by inserting ``, or 
        in</DELETED>
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``upon request,'' and all that follows through 
                ``including'' and inserting ``upon request, to each 
                President-elect, each Vice-President-elect, and, for up 
                to 60 days after the date of the inauguration of the 
                President-elect and Vice-President-elect, each 
                President and Vice President, for use in connection 
                with the preparations for the assumption of official 
                duties as President or Vice President necessary 
                services and facilities, including''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``, or an employee of a 
                        committee of either House of Congress, a joint 
                        committee of the Congress, or an individual 
                        Member of Congress,'' after ``any branch of the 
                        Government''; and
                            (ii) by inserting ``, or in the case of an 
                        employee in a position in the legislative 
                        branch, with the consent of the supervising 
                        Member of Congress'' after ``with the consent 
                        of the head of the agency'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) The Administrator shall expend funds for the provision of 
services and facilities under this section--
            ``(1) in connection with any obligation incurred by the 
        President-elect or Vice-President-elect, or after the 
        inauguration of the President-elect as President and the 
        inauguration of the Vice-President-elect as Vice President 
        incurred by the President or Vice President, during the 
        period--
                    ``(A) beginning on the day after the date of the 
                general elections held to determine the electors of the 
                President and Vice President under section 1 or 2 of 
                title 3, United States Code; and
                    ``(B) ending on the date that is 60 days after the 
                date of the inauguration of the President-elect as 
                President and the inauguration of the Vice-President-
                elect as Vice President; and such inauguration; and
            ``(2) without regard to whether the transition team the 
        President-elect, Vice-President-elect, President, or Vice 
        President submits to the Administrator a request for payment 
        regarding services or facilities before the end of such 
        period.'';
            (3) in subsection (h)(2)(B)(ii), by striking ``computers'' 
        and inserting ``information technology''; and
            (4) By adding at the end the following:
    ``(i) Memorandums of Understanding.--
            ``(1) In general.--Not later than August September 1 of a 
        year during which a Presidential election occurs, the 
        Administrator shall, to the maximum extent practicable, enter 
        into a memorandum of understanding with the transition 
        representative of each eligible candidate, which shall include, 
        at a minimum, the conditions of access to employees, 
        facilities, and documents of agencies by transition staff.
            ``(2) Existing resources.--To the maximum extent 
        practicable, a memorandum of understanding entered into under 
        paragraph (1) shall be based on memorandums of understanding 
        relating to previous Presidential transitions.
            ``(3) Transition representative.--
                    ``(A) Designation of representative for 
                inquiries.--Each memorandum of understanding entered 
                into under this subsection shall designate a 
                representative of the eligible candidate to whom the 
                Administrator shall direct any inquiries or legal 
                instruments regarding the records of the eligible 
                candidate that are in the custody of the Administrator.
                    ``(B) Change in transition representative.--The 
                designation of a new individual as the transition 
                representative of an eligible candidate shall not 
                require the execution of a new memorandum of 
                understanding under this subsection.
                    ``(C) Termination of designation.--The designation 
                of a transition representative under a memorandum of 
                understanding shall terminate--
                            ``(i) not later than 180 days after the 
                        date of the inauguration of the President-elect 
                        as President and the inauguration of the Vice-
                        President-elect as Vice President; or
                            ``(ii) before the date described in clause 
                        (i), upon request of the President-elect or the 
                        Vice-President-elect, or after such 
                        inauguration upon request of the President or 
                        the Vice President.
            ``(4) Amendments.--Any amendment to a memorandum of 
        understanding entered into under this subsection shall be 
        agreed to in writing.
            ``(5) Prior notification of deviation.--Each party to a 
        memorandum of understanding entered into under this subsection 
        shall provide written notice, except to the extent prohibited 
        under another provision of law, not later than 3 days before 
        taking any action that deviates from the terms and conditions 
        agreed to in the memorandum of understanding.
            ``(6) Definition.--In this subsection, the term `eligible 
        candidate' has the meaning given that term in subsection 
        (h)(4).''.
    (b) Agency Transitions.--Section 4 of the Presidential Transition 
Act of 1963 (3 U.S.C. 102 note) is amended--
            (1) in subparagraphs (C) and (D) of subsection (e)(3), by 
        inserting ``serving in a career position'' after ``senior 
        representative''; and
            (2) by striking subsection (f)(2) and inserting the 
        following:
            ``(2) Acting officers.--Not later than September 15 of a 
        year during which a Presidential election occurs, and in 
        accordance with subchapter III of chapter 33 of title 5, United 
        States Code, the head of each agency shall ensure that a 
        succession plan is in place for each senior noncareer position 
        in the agency.''.
                                                       Calendar No. 672

115th CONGRESS

  2d Session

                                S. 3487

                          [Report No. 115-386]

_______________________________________________________________________

                                 A BILL

To amend the Presidential Transition Act of 1963 to improve the orderly 
    transfer of the executive power during Presidential transitions.

_______________________________________________________________________

                           November 26, 2018

                        Reported with amendments