[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

[[Page S7452]]

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.

                          ____________________