[Congressional Record (Bound Edition), Volume 156 (2010), Part 4]
[Senate]
[Pages 5310-5314]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KAUFMAN (for himself, Mr. Voinovich, Mr. Akaka, and Mr. 
        Lieberman):
  S. 3196. A bill to amend the Presidential Transition Act of 1963 to 
provide that certain transition services shall be available to eligible 
candidates before the general election; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. KAUFMAN. Mr. President, I rise to discuss a bill I am introducing 
today, the Pre-Election Presidential Transition Act of 2010, bipartisan 
legislation that concerns both our national security and America's 
democratic institutions.
  I am proud to be joined by my colleague from Ohio, Senator Voinovich 
in introducing this bill. I also want to thank our cosponsors, Chairman 
Akaka of the Oversight of Government Management Subcommittee as well as 
Chairman Lieberman of the Homeland Security and Government Affairs 
Committee.
  I am appreciative of their support and for their input while drafting 
this bill.
  I also would like to thank the Partnership for Public Service, a 
leading nonpartisan, nonprofit organization in the area of government 
accountability and reform. Their recent ``Ready to Govern'' report on 
the 2008-2009 transition made a number of important recommendations 
that are included in our bill.
  As the strong, bipartisan support for this bill demonstrates, this is 
not a political issue.
  After the attacks of September 11, we face new security challenges 
that require close cooperation between outgoing and incoming 
administrations, and the recent economic crisis underscores the 
importance of a smooth handoff on domestic policy as well.
  This was highlighted in a recent article by Martha Kumar, a respected 
political scientist at Towson University and Director of the 
nonpartisan White House Transition Project. As Professor Kumar recounts 
in her December 2009 article in Presidential Studies Quarterly, a 
threat to President Obama's inauguration brought together the incoming 
and outgoing senior national security personnel in the White House 
Situation Room the morning of his swearing-in.
  In the hours before then-President-elect Obama was to take office, 
intelligence sources had indicated a possible plot to attack the 
National Mall during the ceremony. Thankfully, this threat proved a 
false alarm.
  But, as Kumar explains, that Situation Room meeting between advisers 
to President Bush and President-elect Obama was a powerful example of 
why transition planning is so important.
  In their meeting that morning, those on both sides worked well 
together as a team. This was so because they had met frequently in the 
weeks beforehand and had undergone joint emergency preparedness 
exercises together.
  This occurred in no small part because the administration of former 
President George W. Bush made it a high priority. The former President 
and his White House staff deserve great credit for their work during 
their final months in office. By appointing his chief of staff, Joshua 
Bolton, as his transition point-person and convening a formal 
Transition Coordinating Council, President Bush created a successful 
model for a 21st century transfer of power.
  Presidential inaugurations have always been moments of celebration 
for Americans, as we reaffirm the elective nature of our government. 
But they also represent moments of potential vulnerability.
  In the earliest years of our history, that vulnerability inhabited 
the untested nature of our institutions. In an era when elected 
government was rare, the transition from one executive administration 
to another, particularly those between parties, brought fears of 
political or social unrest.
  The primary example of such a transition remains that from the 
administration of John Adams to that of Thomas Jefferson, the first 
between opponents of different parties to contest the Presidency.
  The peaceful nature of the 1801 transition came as a welcome surprise 
to some. The early American writer and novelist, Margaret Bayard Smith, 
whose brother, James Bayard, held the Senate seat from Delaware I now 
occupy, attended that inauguration. In a letter to her daughter, she 
described it thus:

       I have this morning witnessed one of the most interesting 
     scenes a free people can ever witness. The changes of 
     administration, which in every government and in every age 
     have most generally been epochs of confusion, villainy, and 
     bloodshed, in this our happy country take place without any 
     species of distraction or disorder.

  It is also notable that the greatest political crisis in our history 
occurred during the period between election day in November 1860 and 
Abraham Lincoln's inauguration the following March. The States that 
seceded did so amid a palpable uncertainty of national leadership.
  Today, however, our concern is less with political stability than 
with national security.
  During the Cold War, when fears of a power vacuum caused a renewed 
focus on continuity of government, Congress passed the Presidential 
Transition Act of 1963. It formalized several important elements of a 
successful transition, including public funds for transition staff, use 
of office space and equipment from the General Services Administration, 
reimbursement for travel by the President-elect and Vice President-
elect, and their use of franked mail. It was amended in 1998 to permit 
the President-elect and Vice President-elect to supplement public 
transition funding with private donations and laid out requirements for 
disclosing their sources.
  In 2004, Congress took an important step by including provisions in 
the Intelligence Reform and Terrorism Prevention Act that allow 
transition personnel to request FBI background checks for potential 
appointees. This helps ensure that, on January 20 when the new 
President is sworn in, the most critical national security positions 
are immediately filled.
  While some aspects of a successful Presidential transition process 
have been formalized by these acts, much of what has become necessary 
for a safe and smooth transition is still left to chance.
  Fortune favors the prepared.
  We were very lucky that the first transition of the post-September 11 
era was carried out smoothly and with great preparation by both the 
outgoing and incoming administrations.
  As I said a few moments ago, we owe great thanks to former President 
Bush for making this a priority and committing staff and resources to 
the process.
  I also commend those who worked on both the Obama transition team as 
well as those from Senator McCain's campaign who engaged in some 
transition planning before election day.
  Most importantly, our bill will go a long way in removing the stigma 
that has historically caused candidates to hide or even delay important 
transition planning until after election day.
  We all recognize that the first priority of any Presidential campaign 
is to win the election. I certainly understand why, in the past, 
candidates have been wary of revealing that they have engaged in pre-
election transition planning.
  But we cannot afford to lose critical planning time because of fears 
that a candidate might be accused by a rival of ``measuring the 
drapes'' prematurely. We must also ensure that incumbents make the 
necessary preparations in case they lose bids for reelection.
  Candidate transition planning is an act of responsibility, not 
presumptuousness.

[[Page 5311]]

  With the security and domestic policy challenges we face today, it 
must become the norm for any major party nominee to begin making 
arrangements for a transition long before election day.
  The bill my colleagues and I are introducing will both formalize many 
of the recent transition's successes and provide additional resources 
to help nominees begin their transition efforts earlier.
  The Pre-Election Presidential Transition Act of 2010 encourages 
eligible Presidential candidates to accept transition office space and 
a broad array of services from the General Services Administration 
immediately after their nominating conventions.
  Presently, candidates must wait until after election day before these 
resources become available. We know that this is too late, since both 
campaigns in 2008, and others in recent years, began informal 
transition planning months in advance.
  Under our bill, salaries for candidates' transition staff, travel 
expenses, and allowances are funded exclusively by separate funds 
raised by their campaigns prior to the election.
  Eligible candidates would be authorized to set up a separate account 
to support these activities. They would be able to transfer money from 
their campaign accounts into this transition account as well as raise 
funds separately.
  Those candidates eligible to receive GSA-provided services and access 
to facilities include major party candidates. Third-party candidates 
would be eligible if they met the same criteria used by the Commission 
on Presidential Debates to participate in general election debates.
  The GSA would distribute to candidates a report on modern 
transitions, including a bibliography of resources. This report would 
also be released to the public and posted on the Internet to educate 
the press and public on the importance of early transition planning.
  Of course, under the bill services and information to candidates 
would be provided on an equal basis and without regard to political 
affiliation, and they would have to be used only for transition 
purposes.
  Because a transition depends on the careful attention of those both 
preparing to assume power and those leaving it, our bill also 
authorizes appropriations for the outgoing administration to use in 
planning and coordinating transition activities across departments and 
agencies. It recommends adopting the Bush model of a transition 
coordinating council, staffed by both outgoing appointees and career 
managers from each agency. This council would meet regularly with 
representatives from the major nominees and update them on transition 
matters.
  The bill also encourages the outgoing administration to prepare 
comprehensive briefing materials for incoming officials on a range of 
issues and potential areas of concern.
  My colleagues and I approach this as pragmatists, and our goal is not 
to tie the hands of an administration. It is to inspire responsible 
preparation. This bill is not about telling an outgoing President what 
to do; rather, it lays out a strongly suggested model for how to do the 
right thing.
  The only new requirement it sets for the outgoing President is the 
submission of two reports to Congress in the months before election day 
describing the activities being undertaken to prepare for the transfer 
of power.
  But the model it suggests has worked and can serve as a blueprint for 
transitions to come.
  My first job in politics after Joe Biden was elected to the Senate in 
1972 was to help him set up his Senate office in Delaware. My last job, 
before I was appointed to his Senate seat was as co-chair of his Vice 
Presidential Transition Team.
  I can tell you from experience, setting up a Senate office is tough, 
but it is nothing like setting up a White House.
  I was there in the room when then-President-elect Obama and Vice 
President-elect Biden convened their first transition meetings right 
after election day. I cannot stress more forcefully how important it 
was in those meetings that the Obama-Biden transition had begun much 
earlier.
  There simply is not enough time between November and January to get 
everything done that needs to be done.
  These are the reasons why I hope my colleagues will join us in 
supporting this legislation to make our presidential transitions 
smoother and safer.
  We cannot afford to leave something this important to chance.
  Again, I want to thank my friend and colleague from Ohio, Senator 
Voinovich, for his help in pulling this bill together as well as 
Senators Akaka and Lieberman for their support and leadership.
  I look forward to working with them on the Homeland Security and 
Governmental Affairs Committee to move this measure through the 
Congress.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3196

       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 ``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 of the 
     services provided under sections 7601(c) and 8403(b) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004.
       ``(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 January 1 
     of 2012 and of every 4th year thereafter, 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), and (7) 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

[[Page 5312]]

     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 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 principle 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 (B), 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 
                   OUTGOING 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, and the Director of the Office of 
     Personnel Management, 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.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of this section.

  Mr. VOINOVICH. Mr. President, every 4 to 8 years our country achieves 
a feat that is very much the exception to the rule when placed in the 
context of the long roll of history: through universal suffrage the 
people select a new president, and the president-elect assumes power in 
a peaceful manner.
  It is a testament to the dedication and professionalism of past 
presidents, presidents-elect, civil servants and private citizens that 
this latter task, the presidential transition, is now seen by many 
Americans as routine; a new president is selected in November, and in 
January, he or she swaps places with the incumbent president. Life goes 
on as normal.
  Of course, the task of transferring command of an organization with 
more than 5 million employees and a $3.7 trillion annual budget is a 
bit more complex than our recent successful track record may suggest. 
Domestic and international threats further complicate this process.
  Perhaps more than any of its counterparts, the Bush-Obama transition

[[Page 5313]]

was dealt the longest odds for attaining the uneventful standard our 
country has come to expect from transfers of power. As my colleagues 
well know, the Bush-Obama transition was the first of the modern era to 
occur during wartime, and the first to follow a general election in 
which the incumbent president or vice-president did not vie for the 
presidency. The Bush-Obama transition was also the first to occur in 
the post-September 11th world, and the first since the largest 
reorganization of government in over 6 decades. As the candidates 
entered the last week of the campaign season, the second worst month in 
the history for the Standard & Poor's 500 was drawing to a close after 
that index had plunged 27 percent in 4 weeks' time.
  These challenges would be more than enough for any well-disciplined 
transition effort to confront. Yet in January 2010, shortly before the 
anniversary of President Obama's inauguration, the American public 
learned through press accounts of still another threat confronted by 
the outgoing and incoming administrations. In the days preceding the 
Presidential Inauguration, intelligence reports surfaced that al-
Shabaab, a Somali terrorist organization with ties to al-Qaeda, was 
planning an attack on the crowds that would gather to witness the 
administration of the oath of office to the 44th President of the U.S. 
The threat was taken so seriously that the Secretary of Defense did not 
attend the inaugural ceremonies in order to ensure continuity of the 
Nation's national security apparatus.
  Fortunately this plot did not materialize. But threats like these 
emphasize the importance of a new president being ready to govern from 
day one.
  Despite the challenges faced by the Bush-Obama transition, this most 
recent transfer of power most closely approached our transition ideal. 
Both the President and President-elect understood the gravity of the 
tasks before them, and undertook early and robust planning efforts. 
President Bush began preparing his administration for the transition 
earlier than any other presidency when he directed then White House 
Chief of Staff Joshua Bolten in late 2007 to ensure ``that the 
transition is as effective as possible, especially in the national 
security area.'' For his part, President-elect Obama established the 
largest transition organization to date. At its peak, the Obama-Biden 
Transition Project's staff numbered 450, with a total budget of more 
than $12 million, $7 million of which came from private contributions.
  In many ways, this most recent transition effort was the best case 
scenario. The transition succeeded because of the character and values 
of those tasked with leading the effort, individuals like Gail 
Lovelace, Joshua Bolten, Clay Johnson, John Podesta, and Christopher 
Lu.
  But for critical events like a presidential transition, we cannot 
always be assured that such productive organizations and working 
relationships will develop. One need look no further than the 
acrimonious relationship between the outgoing Clinton administration 
and the incoming Bush administration, or the internal dissension in 
President-elect Carter's transition team, to find examples of 
dysfunctional transitions.
  Of course, presidential personalities and uncontrollable 
circumstances will always be a driving factor in the success of future 
presidential transitions. But we in Congress can contribute to future 
successes by providing sufficient assistance and formal avenues to more 
robust transition planning, and by working to address the stigma that 
has unfortunately been associated with so-called ``presumptuous'' 
transition planning before the general election.
  As my colleagues know, the formal mechanisms used by the federal 
government to transfer power were established in March 1964 with 
enactment of the Presidential Transition Act, PTA. The Presidential 
Transition Act of 1963 extends certain government services to the 
president-elect, including staff salaries, travel expenses, office 
space, postal reimbursement, and communications equipment. With the 
exception of substantive amendments in 2000 to provide for a transition 
directory and activities designed to ``acquaint key prospective 
Presidential appointees with the types of problems and challenges that 
most typically confront new political appointees,'' and a provision of 
the Intelligence Reform and Terrorism Prevention Act of 2004 to provide 
for expedited security clearances for transition team members and 
prospective presidential appointees, the architecture our country uses 
to achieve a successful transition remains largely the same almost a 
half-century on.
  So I am pleased to today join the distinguished junior Senator from 
Delaware, Senator Edward Kaufman, in introducing legislation to 
contribute to the future success of presidential transitions. Prior to 
returning to the U.S. Senate as a Member, Senator Kaufman served as one 
of the Obama-Biden Transition Project's twelve board members, where he 
gained first-hand experience in the challenges associated with 
transitioning the Federal Government.
  I am happy to also be joined by two of the U.S. Senate's most ardent 
champions of good governance: the Chairman and of the Committee on 
Homeland Security and Governmental Affairs, Senator Joseph Lieberman, 
and my longtime friend and colleague on the Subcommittee on Oversight 
of Government Management, the Federal Workforce, and the District of 
Columbia, Senator Daniel Akaka.
  The Pre-Election Presidential Transition Act of 2010 would extend to 
the major party candidates and certain third-party candidates a select 
list of the services currently provided to the president-elect under 
the PTA. These benefits include office space, communications services, 
printing and binding expenses, and briefings and workshops designed to 
acquaint key potential administration staff with the problems and 
challenges they are likely to face. The bill would also provide 
candidates with assistance from the General Services Administration in 
designing systems architecture compatible with federal systems.
  To encourage more deliberate transition preparation in the executive 
branch, the Pre-Election Presidential Transition Act also authorizes 
funding for the establishment of a transition coordinating council and 
an agency transition directors council modeled on the coordinating 
bodies that functioned so successfully during the Bush-Obama 
transition. The assistance extended to the candidates by these 
authorized functions would be provided on the same terms as those 
employed during the last transition, on an equal basis and without 
regard to a candidate's political affiliation. The bill would also 
require the President, or the President's designee, to report to 
Congress in presidential election years on the preparations being made 
to ensure a smooth transition.
  We in Congress cannot, and should not, dictate the roles and 
decision-making processes employed by the outgoing and incoming 
administrations; as a former mayor and governor, I know how fluid and 
dynamic transfers of power can be. So I am especially pleased that 
Senator Kaufman's bill is not prescriptive. Rather, the Pre-Election 
Presidential Transition Act provides assistance that candidates can 
reject or accept at their discretion, and the authorized activities 
included in the bill for coordinating bodies in the executive branch 
respect separation of powers issues by allowing, but not requiring, the 
use of these best practices.
  Perhaps most importantly, the Pre-Election Presidential Transition 
Act provides valuable transition assistance to candidates at an earlier 
time than ever before. Regardless of the various unique obstacles a 
president-elect faces, each transition since the Nixon administration 
has been provided formal assistance for a very short period of time--76 
days during the most recent transition. Of course, candidates can begin 
preparing for the transition before the general election. But in the 
home stretch of a presidential election, every spare dollar and body 
are employed to help the candidate win, and preparing to govern often 
falls by the wayside.
  Senator Kaufman's bill will contribute to earlier, more robust 
transition planning by providing candidates with the means, the 
architecture, and

[[Page 5314]]

the sanction associated with an equitable and impartial assistance 
mechanism to combat unfortunate dispersions of the transition planning 
process, like the comments directed at then Senator Obama's transition 
activities during the campaign.
  Candidates taking deliberate steps to ensure a smooth transition 
should not be criticized as presumptuously ``measuring the White House 
drapes'' before the election; they should be encouraged and supported. 
The Pre-Election Presidential Transition Act seeks to achieve that 
goal.
  I urge my colleagues to join in supporting the Pre-Election 
Presidential Transition Act.

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