[Congressional Record Volume 165, Number 131 (Thursday, August 1, 2019)]
[Senate]
[Pages S5318-S5320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            PRESIDENTIAL TRANSITION ENHANCEMENT ACT OF 2019

  The PRESIDING OFFICER. Mr. President, I ask unanimous consent that 
the Senate proceed to the immediate consideration of Calendar No. 44, 
S. 394.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 394) to amend the Presidential Transition Act of 
     1963 to improve the orderly transfer of the executive power 
     during Presidential transitions.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments. (The parts of the bill intended 
to be stricken are shown in boldfaced brackets and the parts of the 
bill intended to be inserted are shown in italic.)

                                 S. 394

       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 2019''.

     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--
       (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

[[Page S5319]]

     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 
     such inauguration; and
       ``(2) without regard to whether 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 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 each eligible 
     candidate, which shall include, at a minimum, the conditions 
     for the administrative support services and facilities 
     described in subsection (a).
       ``(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 September 30 of the year during which 
     the inauguration of the President-elect as President and the 
     inauguration of the Vice-President-elect as Vice President 
     occurs; 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 subsection (a)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) the term `nonpublic information'--
       ``(A) means information from the Federal Government that a 
     member of a transition team obtains as part of the employment 
     of the member that such member knows or reasonably should 
     know has not been made available to the general public; and
       ``(B) includes information that a member of the transition 
     team knows or reasonably should know--
       ``(i) is exempt from disclosure under section 552 of title 
     5, United States Code, or otherwise protected from disclosure 
     by law; and
       ``(ii) is not authorized by the appropriate government 
     agency or officials to be released to the public; and'';
       (2) in subparagraphs (C) and (D) of subsection (e)(3), by 
     inserting ``serving in a career position'' after ``senior 
     representative'';
       (3) 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.''; and
       (4) in subsection (g)--
       (A) in paragraph (1), by striking ``November 1'' and 
     inserting ``October 1''; and
       (B) by adding at the end the following:
       ``(3) Ethics plan.--
       ``(A) In general.--Each memorandum of understanding under 
     paragraph (1) shall include an agreement that the eligible 
     candidate will implement and enforce an ethics plan to guide 
     the conduct of the transition beginning on the date on which 
     the eligible candidate becomes the President-elect.
       ``(B) Contents.--The ethics plan shall include, at a 
     minimum--
       ``(i) a description of the ethics requirements that will 
     apply to all members of the transition team, including any 
     specific requirement for transition team members who will 
     have access to nonpublic or classified information;
       ``(ii) a description of how the transition team will--

       ``(I) address the role on the transition team of--

       ``(aa) lobbyists registered under the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1601 et seq.) and individuals who were 
     former lobbyists registered under that Act; and
       ``(bb) persons registered under the Foreign Agents 
     Registration Act of 1938 (22 U.S.C. 611 et seq.), foreign 
     nationals, and other foreign agents;

       ``(II) prohibit a transition team member with conflicts of 
     interest similar to those applicable to Federal employees 
     under section 2635.402(a) and section 2635.502(a) of title 5, 
     Code of Federal Regulations, related to current or former 
     employment, affiliations, clients, or investments, from 
     working on particular matters involving specific parties that 
     affect the interests of such member; and
       ``(III) address how the covered eligible candidate will 
     address his or her own conflicts of interest during a 
     Presidential term if the covered eligible candidate becomes 
     the President-elect;

       ``(iii) a Code of Ethical Conduct, which each member of the 
     transition team will sign and be subject to, that reflects 
     the content of the ethics plans under this paragraph and at a 
     minimum requires transition team members to--

       ``(I) seek authorization from transition team leaders or 
     their designees before seeking, on behalf of the transition, 
     access to any nonpublic information;
       ``(II) keep confidential any nonpublic information provided 
     in the course of the duties of the member with the transition 
     and exclusively use such information for the purposes of the 
     transition; and
       ``(III) not use any nonpublic information provided in the 
     course of transition duties, in any manner, for personal or 
     private gain for the member or any other party at any time 
     during or after the transition; and

       ``(iv) a description of how the transition team will 
     enforce the Code of Ethical Conduct, including the names of 
     the members of the transition team responsible for 
     enforcement, oversight, and compliance.
       ``(C) Publicly available.--The transition team shall make 
     the ethics plan described in this paragraph publicly 
     available on the [Internet] internet website of the General 
     Services Administration the earlier of--
       ``(i) the day on which the memorandum of understanding is 
     completed; or
       ``(ii) October 1.''.

  Mr. McCONNELL. I ask unanimous consent that the committee-reported 
amendments be agreed to; that the bill, as amended, be considered read 
a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was agreed to.
  The bill (S. 394), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 394

       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 2019''.

     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--
       (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

[[Page S5320]]

     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 
     such inauguration; and
       ``(2) without regard to whether 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 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 each eligible 
     candidate, which shall include, at a minimum, the conditions 
     for the administrative support services and facilities 
     described in subsection (a).
       ``(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 September 30 of the year during which 
     the inauguration of the President-elect as President and the 
     inauguration of the Vice-President-elect as Vice President 
     occurs; 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 subsection (a)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) the term `nonpublic information'--
       ``(A) means information from the Federal Government that a 
     member of a transition team obtains as part of the employment 
     of the member that such member knows or reasonably should 
     know has not been made available to the general public; and
       ``(B) includes information that a member of the transition 
     team knows or reasonably should know--
       ``(i) is exempt from disclosure under section 552 of title 
     5, United States Code, or otherwise protected from disclosure 
     by law; and
       ``(ii) is not authorized by the appropriate government 
     agency or officials to be released to the public; and'';
       (2) in subparagraphs (C) and (D) of subsection (e)(3), by 
     inserting ``serving in a career position'' after ``senior 
     representative'';
       (3) 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.''; and
       (4) in subsection (g)--
       (A) in paragraph (1), by striking ``November 1'' and 
     inserting ``October 1''; and
       (B) by adding at the end the following:
       ``(3) Ethics plan.--
       ``(A) In general.--Each memorandum of understanding under 
     paragraph (1) shall include an agreement that the eligible 
     candidate will implement and enforce an ethics plan to guide 
     the conduct of the transition beginning on the date on which 
     the eligible candidate becomes the President-elect.
       ``(B) Contents.--The ethics plan shall include, at a 
     minimum--
       ``(i) a description of the ethics requirements that will 
     apply to all members of the transition team, including any 
     specific requirement for transition team members who will 
     have access to nonpublic or classified information;
       ``(ii) a description of how the transition team will--

       ``(I) address the role on the transition team of--

       ``(aa) lobbyists registered under the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1601 et seq.) and individuals who were 
     former lobbyists registered under that Act; and
       ``(bb) persons registered under the Foreign Agents 
     Registration Act of 1938 (22 U.S.C. 611 et seq.), foreign 
     nationals, and other foreign agents;

       ``(II) prohibit a transition team member with conflicts of 
     interest similar to those applicable to Federal employees 
     under section 2635.402(a) and section 2635.502(a) of title 5, 
     Code of Federal Regulations, related to current or former 
     employment, affiliations, clients, or investments, from 
     working on particular matters involving specific parties that 
     affect the interests of such member; and
       ``(III) address how the covered eligible candidate will 
     address his or her own conflicts of interest during a 
     Presidential term if the covered eligible candidate becomes 
     the President-elect;

       ``(iii) a Code of Ethical Conduct, which each member of the 
     transition team will sign and be subject to, that reflects 
     the content of the ethics plans under this paragraph and at a 
     minimum requires transition team members to--

       ``(I) seek authorization from transition team leaders or 
     their designees before seeking, on behalf of the transition, 
     access to any nonpublic information;
       ``(II) keep confidential any nonpublic information provided 
     in the course of the duties of the member with the transition 
     and exclusively use such information for the purposes of the 
     transition; and
       ``(III) not use any nonpublic information provided in the 
     course of transition duties, in any manner, for personal or 
     private gain for the member or any other party at any time 
     during or after the transition; and

       ``(iv) a description of how the transition team will 
     enforce the Code of Ethical Conduct, including the names of 
     the members of the transition team responsible for 
     enforcement, oversight, and compliance.
       ``(C) Publicly available.--The transition team shall make 
     the ethics plan described in this paragraph publicly 
     available on the internet website of the General Services 
     Administration the earlier of--
       ``(i) the day on which the memorandum of understanding is 
     completed; or
       ``(ii) October 1.''.

                          ____________________