[Congressional Record Volume 156, Number 130 (Friday, September 24, 2010)]
[Senate]
[Pages S7450-S7452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PREELECTION PRESIDENTIAL TRANSITION ACT OF 2010
Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the
Senate proceed to the immediate consideration of Calendar No. 499, S.
3196.
The PRESIDING OFFICER. The clerk will state the bill by title.
The legislative clerk read as follows:
A bill (S. 3196) to amend the Presidential Transition Act
of 1963 to provide that certain transition services shall be
available to eligible candidates before the general election.
There being no objection, the Senate proceeded to consider the bill.
Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the
Kaufman-Voinovich substitute amendment, which is at the desk, be
considered and agreed to, the bill, as amended, be read the third time
and passed; that the motions to reconsider be laid upon the table,
without any intervening action or debate; and that any statements
relating to the measure be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4658) was agreed to, as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-Election Presidential
Transition Act of 2010''.
SEC. 2. CERTAIN PRESIDENTIAL TRANSITION SERVICES MAY BE
PROVIDED TO ELIGIBLE CANDIDATES BEFORE GENERAL
ELECTION.
(a) In General.--Section 3 of the Presidential Transition
Act of 1963 (3 U.S.C. 102 note) is amended by adding at the
end the following new subsection:
``(h)(1)(A) In the case of an eligible candidate, the
Administrator--
``(i) shall notify the candidate of the candidate's right
to receive the services and facilities described in paragraph
(2) and shall provide with such notice a description of the
nature and scope of each such service and facility; and
``(ii) upon notification by the candidate of which such
services and facilities such candidate will accept, shall,
notwithstanding subsection (b), provide such services and
facilities to the candidate during the period beginning on
the date of the notification and ending on the date of the
general elections described in subsection (b)(1).
The Administrator shall also notify the candidate that
sections 7601(c) and 8403(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 provide additional services.
``(B) The Administrator shall provide the notice under
subparagraph (A)(i) to each eligible candidate--
``(i) in the case of a candidate of a major party (as
defined in section 9002(6) of the Internal Revenue Code of
1986), on one of the first 3 business days following the last
nominating convention for such major parties; and
``(ii) in the case of any other candidate, as soon as
practicable after an individual becomes an eligible candidate
(or, if later, at the same time as notice is provided under
clause (i)).
``(C)(i) The Administrator shall, not later than 12 months
before the date of each general election for President and
Vice-President (beginning with the election to be held in
2012), prepare a report summarizing modern presidential
transition activities, including a bibliography of relevant
resources.
``(ii) The Administrator shall promptly make the report
under clause (i) generally available to the public (including
through electronic means) and shall include such report with
the notice provided to each eligible candidate under
subparagraph (A)(i).
``(2)(A) Except as provided in subparagraph (B), the
services and facilities described in this paragraph are the
services and facilities described in subsection (a) (other
than paragraphs (2), (3), (4), (7), and 8(A)(v) thereof), but
only to the extent that the use of the services and
facilities is for use in connection with the eligible
candidate's preparations for the assumption of official
duties as President or Vice-President.
``(B) The Administrator--
``(i) shall determine the location of any office space
provided to an eligible candidate under this subsection;
``(ii) shall, as appropriate, ensure that any computers or
communications services provided to an eligible candidate
under this subsection are secure;
``(iii) shall offer information and other assistance to
eligible candidates on an equal basis and without regard to
political affiliation; and
``(iv) may modify the scope of any services to be provided
under this subsection to reflect that the services are
provided to eligible candidates rather than the President-
elect or Vice-President-elect, except that any such
modification must apply to all eligible candidates.
``(C) An eligible candidate, or any person on behalf of the
candidate, shall not use any services or facilities provided
under this subsection other than for the purposes described
in subparagraph (A), and the candidate or the candidate's
campaign shall reimburse the Administrator for any
unauthorized use of such services or facilities.
``(3)(A) Notwithstanding any other provision of law, an
eligible candidate may establish a separate fund for the
payment of expenditures in connection with the eligible
candidate's preparations for the assumption of official
duties as President or Vice-President, including expenditures
in connection with any services or facilities provided under
this subsection (whether before such services or facilities
are available under this section or to supplement such
services or facilities when so provided). Such fund shall be
established and maintained in such manner as to
[[Page S7451]]
qualify such fund for purposes of section 501(c)(4) of the
Internal Revenue Code of 1986.
``(B)(i) The eligible candidate may--
``(I) transfer to any separate fund established under
subparagraph (A) contributions (within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(8))) the candidate received for the general election for
President or Vice-President or payments from the Presidential
Election Campaign Fund under chapter 95 of the Internal
Revenue Code of 1986 the candidate received for the general
election; and
``(II) solicit and accept amounts for receipt by such
separate fund.
``(ii) Any expenditures from the separate fund that are
made from such contributions or payments described in clause
(i)(I) shall be treated as expenditures (within the meaning
of section 301(9) of such Act (2 U.S.C. 431(9))) or qualified
campaign expenses (within the meaning of section 9002(11) of
such Code), whichever is applicable.
``(iii) An eligible candidate establishing a separate fund
under subparagraph (A) shall (as a condition for receiving
services and facilities described in paragraph (2)) comply
with all requirements and limitations of section 5 in
soliciting or expending amounts in the same manner as the
President-elect or Vice-President-elect, including reporting
on the transfer and expenditure of amounts described in
subparagraph (B)(i) in the disclosures required by section 5.
``(4)(A) In this subsection, the term `eligible candidate'
means, with respect to any presidential election (as defined
in section 9002(10) of the Internal Revenue Code of 1986)--
``(i) a candidate of a major party (as defined in section
9002(6) of such Code) for President or Vice-President of the
United States; and
``(ii) any other candidate who has been determined by the
Administrator to be among the principal contenders for the
general election to such offices.
``(B) In making a determination under subparagraph (A)(ii),
the Administrator shall--
``(i) ensure that any candidate determined to be an
eligible candidate under such subparagraph--
``(I) meets the requirements described in Article II,
Section 1, of the United States Constitution for eligibility
to the office of President;
``(II) has qualified to have his or her name appear on the
ballots of a sufficient number of States such that the total
number of electors appointed in those States is greater than
50 percent of the total number of electors appointed in all
of the States; and
``(III) has demonstrated a significant level of public
support in national public opinion polls, so as to be
realistically considered among the principal contenders for
President or Vice-President of the United States; and
``(ii) consider whether other national organizations have
recognized the candidate as being among the principal
contenders for the general election to such offices,
including whether the Commission on Presidential Debates has
determined that the candidate is eligible to participate in
the candidate debates for the general election to such
offices.''.
(b) Administrator Required To Provide Technology
Coordination Upon Request.--Section 3(a)(10) of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended to read as follows:
``(10) Notwithstanding subsection (b), consultation by the
Administrator with any President-elect, Vice-President-elect,
or eligible candidate (as defined in subsection (h)(4)) to
develop a systems architecture plan for the computer and
communications systems of the candidate to coordinate a
transition to Federal systems if the candidate is elected.''.
(c) Coordination With Other Transition Services.--
(1) Security clearances.--Section 7601(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 435b note) is amended--
(A) by striking paragraph (1) and inserting:
``(1) Definition.--In this section, the term `eligible
candidate' has the meaning given such term by section 3(h)(4)
of the Presidential Transition Act of 1963 (3 U.S.C. 102
note).'', and
(B) by striking ``major party candidate'' in paragraph (2)
and inserting ``eligible candidate''.
(2) Presidentially appointed positions.--Section
8403(b)(2)(B) of such Act (5 U.S.C. 1101 note) is amended to
read as follows:
``(B) Other candidates.--After making transmittals under
subparagraph (A), the Office of Personnel Management shall
transmit such electronic record to any other candidate for
President who is an eligible candidate described in section
3(h)(4)(B) of the Presidential Transition Act of 1963 (3
U.S.C. 102 note) and may transmit such electronic record to
any other candidate for President.''.
(d) Conforming Amendments.--Section 3 of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) is amended--
(1) in subsection (a)(8)(B), by striking ``President-
elect'' and inserting ``President-elect or eligible candidate
(as defined in subsection (h)(4)) for President''; and
(2) in subsection (e), by inserting ``, or eligible
candidate (as defined in subsection (h)(4)) for President or
Vice-President,'' before ``may designate''.
SEC. 3. AUTHORIZATION OF TRANSITION ACTIVITIES BY THE
INCUMBENT ADMINISTRATION.
(a) In General.--The President of the United States, or the
President's delegate, may take such actions as the President
determines necessary and appropriate to plan and coordinate
activities by the Executive branch of the Federal Government
to facilitate an efficient transfer of power to a successor
President, including--
(1) the establishment and operation of a transition
coordinating council comprised of--
(A) high-level officials of the Executive branch selected
by the President, which may include the Chief of Staff to the
President, any Cabinet officer, the Director of the Office of
Management and Budget, the Administrator of the General
Services Administration, the Director of the Office of
Personnel Management, the Director of the Office of
Government Ethics, and the Archivist of the United States,
and
(B) any other persons the President determines appropriate;
(2) the establishment and operation of an agency transition
directors council which includes career employees designated
to lead transition efforts within Executive Departments or
agencies;
(3) the development of guidance to Executive Departments
and agencies regarding briefing materials for an incoming
administration, and the development of such materials; and
(4) the development of computer software, publications,
contingency plans, issue memoranda, memoranda of
understanding, training and exercises (including crisis
training and exercises), programs, lessons learned from
previous transitions, and other items appropriate for
improving the effectiveness and efficiency of a Presidential
transition that may be disseminated to eligible candidates
(as defined in section 3(h)(4) of the Presidential Transition
Act of 1963, as added by section 2(a)) and to the President-
elect and Vice-President-elect.
Any information and other assistance to eligible candidates
under this subsection shall be offered on an equal basis and
without regard to political affiliation.
(b) Reports.--
(1) In general.--The President of the United States, or the
President's delegate, shall provide to the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate reports describing the
activities undertaken by the President and the Executive
Departments and agencies to prepare for the transfer of power
to a new President.
(2) Timing.--The reports under paragraph (1) shall be
provided six months and three months before the date of the
general election for the Office of President of the United
States.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
The bill (S. 3196), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
Mr. KAUFMAN. Mr. President, the Senate has just passed an important
piece of legislation that will make our Presidential transitions safer.
The Pre-Election Presidential Transition Act, which I introduced in
April along with Senators Voinovich, Akaka, and Lieberman--and which
has also been cosponsored by Senators Carper and Collins--is a
bipartisan bill and the product of research into best practices from
recent transitions.
With input from the General Services Administration, and following
the release of new studies by the nonpartisan Partnership for Public
Service and Presidential scholars like Martha Joynt Kumar and Terry
Sullivan, we crafted a bill that draws on the successes of the 2008-
2009 transition. Our Nation was fortunate that both President Bush and
President-Elect Obama were both focused on ensuring a smooth and secure
transition. In this, our first transition between parties since the
attacks of September 11, 2001, in the midst of two wars and the worst
economic downturn since the Great Depression, we had no room for error.
This legislation will help remove the stigma that all too often
dissuades candidates from taking the responsible step of early
transition planning before election day. By extending a limited number
of government services to Presidential nominees, we can make early
transition activities a normal part of responsible candidacy.
I thank my cosponsors for their work on this bill, and I thank my
colleagues for their unanimous support. I am glad that the Senate has
taken this important step. In our post-September 11 security
environment, we simply cannot afford to leave Presidential transitions
to chance. I urge the House of Representatives to take swift action to
pass this bill.
I also ask unanimous consent that the op-ed by Ed Gillespie and Donna
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Brazile on the importance of passing this bill be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From Roll Call, July 20, 2010]
Congress Can Expedite the Presidential Transition
(By Donna Brazile and Ed Gillespie)
For most Americans, the morning after a presidential
election has been decided represents a moment of relief.
Relief that months of campaign commercials, debates and a
seemingly endless stream of canvassers knocking on their
doors and phoners interrupting their dinners are finally
over--relief at the end of a long and exhausting process.
However, for the election winner's staff, that morning is
the official beginning of a stressful and complicated process
that can make or break the new president's first two years in
office.
Having worked on presidential transitions, we both know the
pressures facing transition staff. There are only 11 or 12
weeks between Election Day and the inauguration, too short a
period to prepare for the host of challenges facing incoming
administrations. This is especially true in our post-9/11
security environment and in times of economic uncertainty,
which demand a seamless transfer of power and leave us no
room for a gap in national leadership.
That is why, in recent elections, candidates have begun
planning their transitions informally before winning
election. While these efforts are almost never spoken of out
of fear they will be derided as presumptuous, they have
become as important to the process of transferring power as
the formal transition following Election Day.
To their credit, both President Barack Obama and Sen. John
McCain (R-Ariz.) engaged in transition planning before the
election was held in 2008. President George W. Bush also
deserves praise for making a smooth transition out of office
a high priority during the final months of his term. None of
these steps was mandated by law, and all pre-election
transition efforts by candidates had to be funded privately.
It was fortunate that, in the first transfer of power
between parties after 9/11, with two ongoing wars and the
worst financial crisis since the Great Depression, both major
candidates and the White House took it upon themselves to
ensure one of the smoothest transitions in modern history.
But we should not simply leave something so important to
fortune.
Sens. Ted Kaufman (D-Del.) and George Voinovich (R-Ohio)
have introduced the Pre-Election Presidential Transition Act.
This bipartisan legislation would extend to both parties'
nominees some of the government services (i.e., office space,
secure computer systems) currently provided to presidents-
elect for their transition planning several weeks before
Election Day. It also authorizes funding for sitting
presidents to help plan for a responsible transfer out of
office and recommends the Bush administration's Presidential
Transition Coordinating Council as a model.
This will go a long way toward removing the stigma of
presumptuousness that discourages early transition planning.
We now know that in 2008 the Obama and McCain campaigns were
poised to make a joint statement acknowledging that both were
engaging in pre-election transition planning as an act of
responsibility. However, at the last minute the issue became
politicized and neither campaign wanted to risk being accused
of ``measuring the drapes'' in the White House.
This political calculus is understandable but dangerous in
today's world. The Kaufman-Voinovich bill was written in
consultation with veterans of past transitions. Its
introduction follows on the heels of a landmark report by the
nonpartisan, nonprofit Partnership for Public Service as well
as academic articles by presidential scholars Martha Joynt
Kumar, Terry Sullivan and others analyzing the successes and
shortcomings of recent transitions. The Pre-Election
Presidential Transition Act would provide nominees with
office space, computer services and information about
previous transitions. It would not pay transition staff
salaries or provide for the hiring of outside consultants.
For those expenses and others not covered by the bill, it
would allow candidates to open transition accounts to which
they could raise money or transfer funds from their campaign
chests.
For those of us who have worked on presidential
transitions, this bipartisan effort by two outgoing Senators
in a non-presidential election year is long overdue. Congress
should take advantage of this opportunity to implement the
changes proposed by this bill to ensure more responsible,
more secure and more seamless transfers of power in the
future.
____________________