[House Report 116-382]
[From the U.S. Government Publishing Office]


116th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 116-382

======================================================================

 
                 TRANSITION TEAM ETHICS IMPROVEMENT ACT

                                _______
                                

January 27, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mrs. Carolyn B. Maloney (NY), from the Committee on Oversight and 
                     Reform submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 964]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Reform, to whom was referred 
the bill (H.R. 964) to amend the Presidential Transition Act of 
1963 to require the development of ethics plans for certain 
transition teams, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Summary and Purpose of Legislation...............................     3
Background and Need for Legislation..............................     3
Section-by-Section Analysis......................................     5
Legislative History..............................................     6
Committee Consideration..........................................     6
Roll Call Votes..................................................     6
Explanation of Amendments........................................     8
List of Related Committee Hearings...............................     8
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     8
Statement of General Performance Goals and Objectives............     8
Application of Law to the Legislative Branch.....................     8
Duplication of Federal Programs..................................     8
Disclosure of Directed Rule Makings..............................     9
Federal Advisory Committee Act Statement.........................     9
Unfunded Mandates Reform Act Statement...........................     9
Earmark Identification...........................................     9
Committee Cost Estimate..........................................     9
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     9
Changes In Existing Law Made by the Bill, as Reported............    10
Minority Views...................................................    23

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Transition Team Ethics Improvement 
Act''.

SEC. 2. PRESIDENTIAL TRANSITION ETHICS PROGRAMS.

  The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is 
amended--
          (1) in section 3(f), by adding at the end the following:
  ``(3) Not later than 10 days after submitting an application for a 
security clearance for any individual, and not later than 10 days after 
any such individual is granted a security clearance (including an 
interim clearance), each eligible candidate (as that term is described 
in subsection (h)(4)(A)) or the President-elect (as the case may be) 
shall submit a report containing the name of such individual to the 
Committee on Oversight and Reform of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate.'';
          (2) in section 4--
                  (A) in subsection (a)--
                          (i) in paragraph (3), by striking ``and'' at 
                        the end;
                          (ii) by redesignating paragraph (4) as 
                        paragraph (5); and
                          (iii) by inserting after paragraph (3) the 
                        following:
          ``(4) the term `nonpublic information'--
                  ``(A) means information from the Federal Government 
                that a transition team member obtains as part of the 
                employment of such member that the member knows or 
                reasonably should know has not been made available to 
                the general public; and
                  ``(B) includes information that has not been released 
                to the public that a transition team member 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 
                        agency or official to be released to the 
                        public; and''; and
                  (B) in subsection (g)--
                          (i) in paragraph (1), by striking 
                        ``November'' and inserting ``October''; and
                          (ii) 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 transition 
                        team members, including specific requirements 
                        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) registered lobbyists 
                                        under the Lobbying Disclosure 
                                        Act of 1995 (2 U.S.C. 1601 et 
                                        seq.) and individuals who were 
                                        formerly registered lobbyists 
                                        under that Act;
                                          ``(bb) persons registered 
                                        under the Foreign Agents 
                                        Registration Act, as amended 
                                        (22 U.S.C. 611 et seq.), 
                                        foreign nationals, and other 
                                        foreign agents; and
                                          ``(cc) transition team 
                                        members with sources of income 
                                        or clients that are not 
                                        disclosed to the public;
                                  ``(II) prohibit a transition team 
                                member with personal financial 
                                conflicts of interest as described in 
                                section 208 of title 18, United States 
                                Code, 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 their 
                                own personal financial conflicts of 
                                interest during a Presidential term if 
                                the covered eligible candidate becomes 
                                the President-elect;
                          ``(iii) a Code of Ethical Conduct, to which 
                        each transition team member will sign and be 
                        subject to, that reflects the content of the 
                        ethics plans under this paragraph and at a 
                        minimum requires each transition team member 
                        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 transition team 
                        members 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 website of the General 
                Services Administration the earlier of--
                          ``(i) the day on which the memorandum of 
                        understanding is completed; or
                          ``(ii) October 1.''; and
          (3) in section 6(b)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``and'' 
                        at the end;
                          (ii) in subparagraph (B), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                          (iii) by adding at the end the following:
          ``(C) a list of all positions each transition team member has 
        held outside the Federal Government for the previous 12-month 
        period, including paid and unpaid positions;
          ``(D) sources of compensation for each transition team member 
        exceeding $5,000 a year for the previous 12-month period;
          ``(E) a description of the role of each transition team 
        member, including a list of any policy issues that the member 
        expects to work on, and a list of agencies the member expects 
        to interact with, while serving on the transition team;
          ``(F) a list of any issues from which each transition team 
        member will be recused while serving as a member of the 
        transition team pursuant to the transition team ethics plan 
        outlined in section 4(g)(3); and
          ``(G) an affirmation that no transition team member has a 
        financial conflict of interest that precludes the member from 
        working on the matters described in subparagraph (E).'';
                  (B) in paragraph (2), by inserting ``not later than 2 
                business days'' after ``public''; and
                  (C) by adding at the end the following:
  ``(3) The head of a Federal department or agency, or their designee, 
shall not permit access to the Federal department or agency, or 
employees of such department or agency, that would not be provided to a 
member of the public for any transition team member who does not make 
the disclosures listed under paragraph (1).''.

                   Summary and Purpose of Legislation

    The Transition Team Ethics Improvement Act would amend the 
Presidential Transition Act of 1963 to strengthen the ethics 
and transparency of presidential transitions by requiring the 
development of ethics plans for presidential transition teams 
and by requiring Presidents-elect to include core elements in 
those ethics plans and publicly release the plans.

                  Background and Need for Legislation

    The Government Accountability Office (GAO) conducted a 
review of the 2016 presidential transition. GAO reported that 
President Donald Trump's transition team failed to designate a 
transition official to enforce its ethics code during the 
transition. As a result, transition team members were not 
strictly required to follow their ethics pledges. President 
Trump's transition team also ignored a recommendation from the 
Office of Government Ethics (OGE) to hire a government ethics 
expert during the transition period and did not provide 
financial information on prospective nominees to OGE for the 
purpose of conducting blind reviews.\1\
---------------------------------------------------------------------------
    \1\Government Accountability Office, Presidential Transition: 
Information on Ethics, Funding, and Agency Services (Sept. 17, 2017) 
(GAO-17-615R) (online at www.gao.gov/assets/690/687012.pdf).
---------------------------------------------------------------------------
    Former OGE Director Walter Shaub testified in a Committee 
hearing on H.R. 1: ``This transparency measure would strengthen 
public confidence in presidential transitions because it would 
require the President-elect to disclose in detail how the 
presidential transition team manages ethics issues.''\2\
---------------------------------------------------------------------------
    \2\Committee on Oversight and Reform, Hearing on H.R. 1: 
Strengthening Ethics Rules for the Executive Branch (Feb. 6, 2019) 
(116th Cong.) (online at https://oversight.house.gov/legislation/
hearings/hr-1-strengthening-ethics-rules-for-the-executive-branch).
---------------------------------------------------------------------------
    The bill would require Presidents-elect to publicly release 
ethics plans for their transition teams that contain certain 
core requirements. The bill would also strengthen ethics and 
increase transparency during the transition process by 
requiring the President-elect to submit the names of transition 
team members who apply for security clearances, as well as the 
names of individuals who receive security clearances, to the 
Committee on Oversight and Reform and to the Senate Homeland 
Security and Governmental Affairs Committee (HSGAC).
    According to a Memorandum of Understanding signed by the 
Chair of President Trump's Transition Team, members of the 
Presidential Team were permitted to access classified 
information given ``that the member has the security clearances 
necessary to have access to that information, and the requisite 
need to know,'' and ``that the member has signed the requisite 
non-disclosure agreement.''\3\ Press reports have raised 
significant concerns about individuals on the Presidential 
Transition Team who may have had access to classified 
information. For example, General Michael Flynn, who served as 
Vice Chair of the Presidential Transition Team, pleaded guilty 
to lying to law enforcement about his communications with 
Russian government officials during the transition period.\4\ 
It was also publicly reported that the Presidential Transition 
Team requested a security clearance for Michael Flynn, Jr., who 
Vice President-Elect Mike Pence stated was ``helping on 
administrative matters.''\5\ Michael Flynn, Jr. was reportedly 
fired from the Presidential Transition Team ``for using Twitter 
to spread a fake news story about Hillary Clinton that led to 
an armed confrontation in a pizza restaurant in 
Washington.''\6\ Bijan Kian, a former business associate of 
General Flynn who served on the Presidential Transition Team, 
was indicted for conspiracy to violate lobbying rules based on 
conduct that Mr. Kian and Flynn Intel Group undertook from ``at 
least July 2016, through at least March 2017.''\7\
---------------------------------------------------------------------------
    \3\Memorandum of Understanding Regarding Transition Procedures, 
Identification of Transition Contacts, and Access to Non-public 
Government and Transition Information Between Denis R. McDonough, Chief 
of Staff to the President and Chris Christie, Designated Chair of the 
President-elect's Transition Team (Nov. 8, 2016) (online at https://
oversight.house.gov/sites/
democrats.oversight.house.gov/files/documents/
2016%20Presidential%20Transition.pdf).
    \4\Statement of the Offense, United States v. Flynn (D.D.C. 1:17-
cr-00232) (Dec. 1, 2017) (online at www.justice.gov/file/1015126/
download).
    \5\Source: Trump Transition Team Requested Security Clearance for 
Flynn Jr., CNN (Dec. 6, 2016) (online at www.cnn.com/2016/12/06/
politics/trump-transition-michael-flynn-conspiracy-theories/
index.html); State of the Union, CNN (Dec. 6, 2016) (online at http://
transcripts.cnn.com/TRANSCRIPTS/1612/06/cg.01.html).
    \6\Trump Fires Adviser's Son from Transition for Spreading Fake 
News, New York Times (Dec. 6, 2016) (online at www.nytimes.com/2016/12/
06/us/politics/michael-flynn-son-trump.html).
    \7\Indictment, United States v. Rafiekian (E.D. Va. 1:18-cr-00457) 
(Dec. 12, 2018) (online at www.justice.gov/opa/press-release/file/
1120621/download).
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                      Section-by-Section Analysis


Section 1. Short title

    The short title is the ``Transition Team Ethics Improvement 
Act.''

Sec. 2. Presidential transition ethics programs

    Clause (1) amends subsection (f) of section 3 of the 
Presidential Transition Act of 1963 (3 U.S.C. 102 note) to add 
a provision that requires each eligible candidate or the 
President-elect to submit the names of campaign or transition 
team members who apply for security clearances, as well as the 
names of individuals who receive security clearances, to the 
Committee and to HSGAC.
    Clause (2), subclause (A) amends subsection (a) of section 
4 of the Presidential Transition Act of 1963 (3 U.S.C. 102 
note) to add a definition for the term ``nonpublic 
information.''
    Clause (2), subclause (B) amends subsection (g) of section 
4 of the Presidential Transition Act of 1963 (3 U.S.C. 102 
note) to add provisions that require eligible candidates to 
agree to implement and enforce ethics plans during the 
transition period, require certain minimum requirements for 
such ethics plans, and require public disclosure of the ethics 
plans.
    Clause (3), subclause (A) amends paragraph (1) of 
subsection (b) of section 6 of the Presidential Transition Act 
of 1963 (3 U.S.C. 102 note) to add provisions that require a 
transition team member who is designated to a federal 
department or agency transition team to make additional 
disclosures, including information on all positions the 
transition team member has held outside of the federal 
government in the previous 12-month period, all of the 
transition team member's sources of compensation exceeding 
$5,000 a year for the previous 12-month period, a description 
of the transition team member's role on the transition, a list 
of any issues from which the transition team member will be 
recused, and an affirmation that the individual has no 
conflicts of interest.
    Clause (3), subclause (B) amends paragraph (2) of 
subsection (b) of section 6 of the Presidential Transition Act 
of 1963 (3 U.S.C. 102 note) to add language that would require 
all disclosures made under paragraph (1) of subsection (b) of 
section 6 of the Presidential Transition Act of 1963 to be made 
public not later than 2 business days before the initial 
transition team contact with a Federal department or agency.
    Clause (3), subclause (C) further amends subsection (b) of 
section 6 of the Presidential Transition Act of 1963 (3 U.S.C. 
102 note) to prohibit a transition team member who does not 
make the disclosures required by paragraph (1) of section 6 of 
the Presidential Transition Act of 1963 from gaining access to 
a Federal department or agency.

Sec. 3. Severability

    If a provision of this Act is named unconstitutional, it 
does not make the entire Act unconstitutional.

                          Legislative History

    On January 3, 2019, Representative John Sarbanes (D-MD) 
introduced H.R. 1, the For the People Act, and the bill was 
referred to various committees for consideration, including the 
Oversight and Reform Committee. The Transition Team Ethics 
Improvement Act comprised Subtitle F of Title VIII of H.R. 1.
    On February 5, 2019, Representative Elijah E. Cummings (D-
MD), Chairman of the Committee, introduced the Transition Team 
Ethics Improvement Act, H.R. 964, with 18 original co-sponsors, 
and Senator Elizabeth Warren (D-MA) introduced a companion 
bill, S. 338, with 13 original co-sponsors. H.R. 964 was 
referred to the Committee upon introduction.
    On February 6, 2019, the Committee held a hearing to 
examine the proposals in H.R. 1 in the Committee's 
jurisdiction, including the Transition Team Ethics Improvement 
Act. The Committee heard testimony from: Scott Amey, General 
Counsel of the Project on Government Oversight; Karen Hobert 
Flynn, President of Common Cause; Rudy Mehrbani, Spitzer Fellow 
and Senior Counsel at the Brennan Center for Justice; Walter 
Shaub, Jr., Senior Advisor at Citizens for Responsibility and 
Ethics in Washington; and Bradley A. Smith, Chairman of the 
Institute for Free Speech.\8\
---------------------------------------------------------------------------
    \8\Id.
---------------------------------------------------------------------------
    On February 7, 2019, Senators Ron Johnson (R-WI), Tom 
Carper (D-DE), and Maggie Hassan (D-NH) introduced the 
Presidential Enhancement Act of 2019, S. 394. That bill 
includes a large portion of the provisions of H.R. 964. S. 394 
was referred to HSGAC on February 7, 2019. HSGAC considered S. 
394 at a business meeting on February 13, 2019 and approved the 
legislation by voice vote. On March 25, 2019, HSGAC reported 
the bill favorably and recommended that the bill, as amended, 
pass.
    On March 26, 2019, the Committee considered H.R. 964 at a 
business meeting with a quorum present. Chairman Cummings 
offered an amendment in the nature of a substitute, which was 
agreed to by voice vote, and the Oversight and Reform Committee 
ordered the bill reported favorably, as amended, by a recorded 
vote of 18-12.

                        Committee Consideration

    On March 26, 2019, the Committee considered H.R. 964 at a 
business meeting. Chairman Cummings offered an amendment in the 
nature of a substitute, which was agreed to by voice vote, and 
the Committee ordered the bill reported favorably, as amended, 
by a recorded vote of 18-12.

                            Roll Call Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 964:


                       Explanation of Amendments

    During Committee consideration of the bill, Representative 
Elijah Cummings (D-MD), Chairman of the Committee, offered an 
amendment in the nature of a substitute that modified the bill 
to require disclosures from both the President-elect and each 
President-elect candidate in order to ensure the disclosure of 
security clearance applications and approvals that are 
submitted before the election, among other technical changes. 
The Committee adopted the amendment by a voice vote.

                   List of Related Committee Hearings

    In accordance with section 103(i) of H. Res. 6, the 
Committee held a hearing to consider the proposals set forth in 
the Transition Team Ethics Improvement Act on February 6, 2019, 
as part of a hearing to examine the proposals in H.R. 1 that 
were in the Committee's jurisdiction.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee finds that the Trump Transition 
Team failed to establish effective measures to manage its 
ethics program or address conflicts of interest and was not 
transparent about the process by which it addressed such 
issues, such that the Committee recommends the adoption of this 
bill (H.R. 964) to ensure that future transitions from one 
presidential administration to the next will adopt more robust 
ethics measures and will do so in a more transparent manner.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is to amend the Presidential 
Transition Act of 1963 to require the development of ethics 
plans for certain transition teams, and for other purposes.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill amends the Presidential Transition Act of 1963 to 
require the development of ethics plans for certain transition 
teams, and for other purposes. As such, this bill does not 
relate to terms and conditions of employment or access to 
public services or accommodations.

                    Duplication of Federal Programs

    In accordance with clause 3(c)(5) of rule XIII, no 
provision of this bill establishes or reauthorizes a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    This bill does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                Federal Advisory Committee Act Statement

    The legislation does not establish or authorize the 
establishment of an advisory committee within the definition of 
Section 5(b) of the appendix to title 5, United States Code.

                 Unfunded Mandates Reform Act Statement

    Pursuant to section 423 of the Congressional Budget Act of 
1974 the Committee has included a letter received from the 
Congressional Budget Office below.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of 
the House of Representatives, the Committee includes below a 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the House of 
Representatives, the cost estimate prepared by the 
Congressional Budget Office and submitted pursuant to section 
402 of the Congressional Budget Act of 1974 is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 17, 2019.
Hon. Elijah E. Cummings,
Chairman, Committee on Oversight and Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 964, the 
Transition Team Ethics Improvement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

    
    

    H.R. 964 would amend the Presidential Transition Act of 
1963. Specifically, the legislation would update existing laws 
regarding presidential transition teams and security 
clearances, financial disclosures, and ethics.
    Using information from the General Services Administration 
and the Office of Government Ethics, CBO expects that most of 
the costs for those activities would not be covered by the 
federal government but instead would be paid for from private 
donations. Thus, CBO estimates that the federal cost to 
implement the bill would be insignificant.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                  PRESIDENTIAL TRANSITION ACT OF 1963




           *       *       *       *       *       *       *
 services and facilities authorized to be provided to presidents-elect 
                       and vice-presidents-elect

  Sec. 3. (a) The Administrator of General Services, referred 
to hereafter in this Act as ``the Administrator,'' is 
authorized to provide, upon request, to each President-elect 
and each Vice-President-elect, for use in connection with his 
preparations for the assumption of official duties as President 
or Vice President necessary services and facilities, including 
the following:
          (1) Suitable office space appropriately equipped with 
        furniture, furnishings, office machines and equipment, 
        and office supplies, as determined by the 
        Administrator, after consultation with the President-
        elect, the Vice-President-elect, or their designee 
        provided for in subsection (e) of this section, at such 
        place or places within the United States as the 
        President-elect or Vice-President-elect shall 
        designate.
          (2) Payment of the compensation of members of office 
        staffs designated by the President-elect or Vice-
        President-elect at rates determined by them not to 
        exceed the rate provided by the Classification Act of 
        1949, as amended, for grade GS-18: Provided, That any 
        employee of any agency of any branch of the Government 
        may be detailed to such staffs on a reimbursable basis 
        with the consent of the head of the agency; and while 
        so detailed such employee shall be responsible only to 
        the President-elect or Vice-President-elect for the 
        performance of his duties: Provided further, That any 
        employee so detailed shall continue to receive the 
        compensation provided pursuant to law for his regular 
        employment, and shall retain the rights and privileges 
        of such employment without interruption. 
        Notwithstanding any other law, persons receiving 
        compensation as members of office staffs under this 
        subsection, other than those detailed from agencies, 
        shall not be held or considered to be employees of the 
        Federal Government except for purposes of the Civil 
        Service Retirement Act, the Federal Employees' 
        Compensation Act, the Federal Employees' Group Life 
        Insurance Act of 1954, and the Federal Employees Health 
        Benefits Act of 1959.
          (3) Payment of expenses for the procurement of 
        services of experts or consultants or organizations 
        thereof for the President-elect or Vice-President-
        elect, as authorized for the head of any department by 
        section 15 of the Administrative Expenses Act of 1946, 
        as amended (5 U.S.C. 55a),.
          (4)(A) Payment of travel expenses and subsistence 
        allowances, including rental of Government or hired 
        motor vehicles, found necessary by the President-elect 
        or Vice-President-elect, as authorized for persons 
        employed intermittently or for persons serving without 
        compensation by section 5 of the Administrative 
        Expenses Act of 1946, as amended (5 U.S.C. 73b-2), as 
        may be appropriate;
          (B) When requested by the President-elect or Vice-
        President-elect or their designee, and approved by the 
        President, Government aircraft may be provided for 
        transition purposes on a reimbursable basis; when 
        requested by the President-elect, the Vice-President-
        elect, or the designee of the President-elect or Vice-
        President-elect, aircraft may be chartered for 
        transition purposes; and any collections from the 
        Secret Service, press, or other occupying space on 
        chartered aircraft shall be deposited to the credit of 
        the appropriations made under section 7 of this Act.
          (5) Communications services found necessary by the 
        President-elect or Vice-President-elect.
          (6) Payment of expenses for necessary printing and 
        binding, notwithstanding the Act of January 12, 1895, 
        and the Act of March 1, 1919, as amended (44 U.S.C. 
        111).
          (7) Reimbursement to the postal revenues in amounts 
        equivalent to the postage that would otherwise be 
        payable on mail matter referred to in subsection (d) of 
        this section.
          (8)(A)(i) Not withstanding subsection (b), payment of 
        expenses during the transition and during the term of a 
        President for briefings, workshops, or other activities 
        to acquaint key prospective Presidential appointees 
        with the types of problems and challenges that most 
        typically confront new political appointees when they 
        make the transition from campaign and other prior 
        activities to assuming the responsibility for 
        governance.
          (ii) Activities under this paragraph may include 
        interchange between such appointees and individuals 
        who--
                  (I) held similar leadership roles in prior 
                administrations;
                  (II) are department or agency experts from 
                the Office of Management and Budget or an 
                Office of Inspector General of a department or 
                agency; or
                  (III) are relevant staff from the General 
                Accounting Office.
          (iii) Activities under this paragraph may include 
        training or orientation in records management to comply 
        with section 2203 of title 44, United States Code, 
        including training on the separation of Presidential 
        records and personal records to comply with subsection 
        (b) of that section.
          (iv) Activities under this paragraph may include 
        training or orientation in human resources management 
        and performance-based management.
                          (v) Activities under this paragraph 
                        shall include the preparation of a 
                        detailed classified, compartmented 
                        summary by the relevant outgoing 
                        executive branch officials of specific 
                        operational threats to national 
                        security; major military or covert 
                        operations; and pending decisions on 
                        possible uses of military force. This 
                        summary shall be provided to the 
                        President-elect as soon as possible 
                        after the date of the general elections 
                        held to determine the electors of 
                        President and Vice President under 
                        section 1 or 2 of title 3, United 
                        States Code.
          (B) Activities under this paragraph shall be 
        conducted primarily for individuals the President-elect 
        or eligible candidate (as defined in subsection (h)(4)) 
        for President intends to nominate as department heads 
        or appoint to key positions in the Executive Office of 
        the President or Executive agencies (as defined in 
        section 105 of title 5, United States Code).
          (9)(A) Notwithstanding subsection (b), development of 
        a transition directory by the Administrator of General 
        Services Administration, in consultation with the 
        Archivist of the United States (head of the National 
        Archives and Records Administration) for activities 
        conducted under paragraph (8).
          (B) The transition directory shall be a compilation 
        of Federal publications and materials with 
        supplementary materials developed by the Administrator 
        that provides information on the officers, 
        organization, and statutory and administrative 
        authorities, functions, duties, responsibilities, and 
        mission of each department and agency.
          (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 including, to the greatest 
        extent practicable, human resource management system 
        software compatible with the software used by the 
        incumbent President and likely to be used by the 
        President-elect and Vice President-elect.
  (b) The Administrator may not expend funds for the provision 
of services and facilities under this section in connection 
with any obligations incurred by the President-elect or Vice-
President-elect--
          (1) before the day following the date of the general 
        elections held to determine the electors of President 
        and Vice President under section 1 or 2 of title 3, 
        United States Code; or
          (2) after 180 days after the date of the inauguration 
        of the President-elect as President and the 
        inauguration of the Vice-President-elect as Vice 
        President.
  (c) The terms ``President-elect'' and ``Vice-President-
elect'' as used in this Act shall mean such persons as are the 
apparent successful candidates for the office of President and 
Vice President, respectively, as ascertained by the 
Administrator following the general elections held to determine 
the electors of President and Vice President in accordance with 
title 3, United States Code, sections 1 and 2.
  (d) Each President-elect shall be entitled to conveyance 
within the United States and its territories and possessions of 
all mail matter, including airmail, sent by him in connection 
with his preparations for the assumption of official duties as 
President, and such mail matter shall be transmitted as penalty 
mail as provided in title 39, United States Code, section 4152. 
Each Vice-President-elect shall be entitled to conveyance 
within the United States and its territories and possessions of 
all mail matter, including airmail, sent by him under his 
written autograph signature in connection with his preparations 
for the assumption of official duties as Vice President.
  (e) Each President-elect and Vice-President-elect, or 
eligible candidate (as defined in subsection (h)(4)) for 
President or Vice-President, may designate to the Administrator 
an assistant authorized to make on his behalf such designations 
or findings of necessity as may be required in connection with 
the services and facilities to be provided under this Act. Not 
more than 10 per centum of the total expenditures under this 
Act for any President-elect or Vice-President-elect may be made 
upon the basis of a certificate by him or the assistant 
designated by him pursuant to this section that such 
expenditures are classified and are essential to the national 
security, and that they accord with the provisions of 
subsections (a), (b), and (d) of this section.
  (f)(1) The President-elect should submit to the Federal 
Bureau of Investigation or other appropriate agency and then, 
upon taking effect and designation, to the agency designated by 
the President under section 115(b) of the National Intelligence 
Reform Act of 2004, the names of candidates for high level 
national security positions through the level of undersecretary 
of cabinet departments as soon as possible after the date of 
the general elections held to determine the electors of 
President and Vice President under section 1 or 2 of title 3, 
United States Code.
  (2) The responsible agency or agencies shall undertake and 
complete as expeditiously as possible the background 
investigations necessary to provide appropriate security 
clearances to the individuals who are candidates described 
under paragraph (1) before the date of the inauguration of the 
President-elect as President and the inauguration of the Vice-
President-elect as Vice President.
  (3) Not later than 10 days after submitting an application 
for a security clearance for any individual, and not later than 
10 days after any such individual is granted a security 
clearance (including an interim clearance), each eligible 
candidate (as that term is described in subsection (h)(4)(A)) 
or the President-elect (as the case may be) shall submit a 
report containing the name of such individual to the Committee 
on Oversight and Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the 
Senate.
  (g) In the case where the President-elect is the incumbent 
President or in the case where the Vice-President-elect is the 
incumbent Vice President, except for activities under 
subsection (a)(8)(A), there shall be no expenditures of funds 
for the provision of services and facilities to such incumbent 
under this Act, and any funds appropriated for such purposes 
shall be returned to the general funds of the Treasury.
  (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.
  (D) An eligible candidate shall have a right to the services 
and facilities described in this paragraph until the date on 
which the Administrator is able to determine the apparent 
successful candidates for the office of President and Vice 
President.
  (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 6 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 6.
  (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.

SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION.

  (a) Definitions.--In this section--
          (1) the term ``Administrator'' means the 
        Administrator of General Services;
          (2) the term ``agency'' means an Executive agency, as 
        defined in section 105 of title 5, United States Code;
          (3) the term ``eligible candidate'' has the meaning 
        given that term in section 3(h)(4); [and]
          (4) the term ``nonpublic information''--
                  (A) means information from the Federal 
                Government that a transition team member 
                obtains as part of the employment of such 
                member that the member knows or reasonably 
                should know has not been made available to the 
                general public; and
                  (B) includes information that has not been 
                released to the public that a transition team 
                member 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 agency or official to be 
                        released to the public; and
          [(4)] (5) the term ``Presidential election'' means a 
        general election held to determine the electors of 
        President and Vice President under section 1 or 2 of 
        title 3, United States Code.
  (b) General Duties.--The President shall 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 by--
          (1) establishing and operating a White House 
        transition coordinating council in accordance with 
        subsection (d); and
          (2) establishing and operating an agency transition 
        directors council in accordance with subsection (e).
  (c) Federal Transition Coordinator.--The Administrator shall 
designate an employee of the General Services Administration 
who is a senior career appointee to--
          (1) carry out the duties and authorities of the 
        General Services Administration relating to 
        Presidential transitions under this Act or any other 
        provision of law;
          (2) serve as the Federal Transition Coordinator with 
        responsibility for coordinating transition planning 
        across agencies, including through the agency 
        transition directors council established under 
        subsection (e);
          (3) ensure agencies comply with all statutory 
        requirements relating to transition planning and 
        reporting; and
          (4) act as a liaison to eligible candidates.
  (d) White House Transition Coordinating Council.--
          (1) Establishment.--Not later than 6 months before 
        the date of a Presidential election, the President 
        shall establish a White House transition coordinating 
        council for purposes of facilitating the Presidential 
        transition.
          (2) Duties.--The White House transition coordinating 
        council shall--
                  (A) provide guidance to agencies and the 
                Federal Transition Coordinator regarding 
                preparations for the Presidential transition, 
                including succession planning and preparation 
                of briefing materials;
                  (B) facilitate communication and information 
                sharing between the transition representatives 
                of eligible candidates and senior employees in 
                agencies and the Executive Office of the 
                President; and
                  (C) prepare and host interagency emergency 
                preparedness and response exercises.
          (3) Membership.--The members of the White House 
        transition coordinating council shall include--
                  (A) senior employees 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, the 
                Director of the Office of Personnel Management, 
                the Director of the Office of Government 
                Ethics, and the Archivist of the United States;
                  (B) the Federal Transition Coordinator;
                  (C) the transition representative for each 
                eligible candidate, who shall serve in an 
                advisory capacity; and
                  (D) any other individual the President 
                determines appropriate.
          (4) Chairperson.--The Chairperson of the White House 
        transition coordinating council shall be a senior 
        employee in the Executive Office of the President, 
        designated by the President.
  (e) Agency Transition Directors Council.--
          (1) In general.--The President shall establish and 
        operate an agency transition directors council, which 
        shall--
                  (A) ensure the Federal Government has an 
                integrated strategy for addressing interagency 
                challenges and responsibilities around 
                Presidential transitions and turnover of 
                noncareer appointees;
                  (B) coordinate transition activities between 
                the Executive Office of the President, 
                agencies, and the transition team of eligible 
                candidates and the President-elect and Vice-
                President-elect; and
                  (C) draw on guidance provided by the White 
                House transition coordinating council and 
                lessons learned from previous Presidential 
                transitions in carrying out its duties.
          (2) Duties.--As part of carrying out the 
        responsibilities under paragraph (1), the agency 
        transition directors council shall--
                  (A) assist the Federal Transition Coordinator 
                in identifying and carrying out the 
                responsibilities of the Federal Transition 
                Coordinator relating to a Presidential 
                transition;
                  (B) provide guidance to agencies in gathering 
                briefing materials and information relating to 
                the Presidential transition that may be 
                requested by eligible candidates;
                  (C) ensure materials and information 
                described in subparagraph (B) are prepared not 
                later than November 1 of a year during which a 
                Presidential election is held;
                  (D) ensure agencies adequately prepare career 
                employees who are designated to fill non-career 
                positions under subsection (f) during a 
                Presidential transition; and
                  (E) consult with the President's Management 
                Council, or any successor thereto, in carrying 
                out the duties of the agency transition 
                directors council.
          (3) Membership.--The members of the agency transition 
        directors council shall include--
                  (A) the Federal Transition Coordinator and 
                the Deputy Director for Management of the 
                Office of Management and Budget, who shall 
                serve as Co-Chairpersons of the agency 
                transition directors council;
                  (B) other senior employees serving in the 
                Executive Office of the President, as 
                determined by the President;
                  (C) a senior representative from each agency 
                described in section 901(b)(1) of title 31, 
                United States Code, the Office of Personnel 
                Management, the Office of Government Ethics, 
                and the National Archives and Records 
                Administration whose responsibilities include 
                leading Presidential transition efforts within 
                the agency;
                  (D) a senior representative from any other 
                agency determined by the Co-Chairpersons to be 
                an agency that has significant responsibilities 
                relating to the Presidential transition 
                process; and
                  (E) during a year during which a Presidential 
                election will be held, a transition 
                representative for each eligible candidate, who 
                shall serve in an advisory capacity.
          (4) Meetings.--The agency transition directors 
        council shall meet--
                  (A) subject to subparagraph (B), not less 
                than once per year; and
                  (B) during the period beginning on the date 
                that is 6 months before a Presidential election 
                and ending on the date on which the President-
                elect is inaugurated, on a regular basis as 
                necessary to carry out the duties and 
                authorities of the agency transition directors 
                council.
  (f) Interim Agency Leadership for Transitions.--
          (1) Oversight and implementation of transition.--Not 
        later than 6 months before the date of a Presidential 
        election, the head of each agency shall designate a 
        senior career employee of the agency and a senior 
        career employee of each major component and 
        subcomponent of the agency to oversee and implement the 
        activities of the agency, component, or subcomponent 
        relating to the Presidential transition.
          (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, for each noncareer 
        position in an agency that the head of the agency 
        determines is critical, the head of the agency shall 
        designate a qualified career employee to serve in the 
        position in an acting capacity if the position becomes 
        vacant.
  (g) Memorandums of Understanding.--
          (1) In general.--Not later than [November] October 1 
        of a year during which a Presidential election occurs, 
        the President (acting through the Federal Transition 
        Coordinator) shall, to the maximum extent practicable, 
        negotiate a memorandum of understanding with the 
        transition representative of each eligible candidate, 
        which shall include, at a minimum, the conditions of 
        access to employees, facilities, and documents of 
        agencies by transition staff.
          (2) Existing resources.--To the maximum extent 
        practicable, the memorandums of understanding 
        negotiated under paragraph (1) shall be based on 
        memorandums of understanding from previous Presidential 
        transitions.
          (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 
                        transition team members, including 
                        specific requirements 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) registered 
                                        lobbyists under the 
                                        Lobbying Disclosure Act 
                                        of 1995 (2 U.S.C. 1601 
                                        et seq.) and 
                                        individuals who were 
                                        formerly registered 
                                        lobbyists under that 
                                        Act;
                                          (bb) persons 
                                        registered under the 
                                        Foreign Agents 
                                        Registration Act, as 
                                        amended (22 U.S.C. 611 
                                        et seq.), foreign 
                                        nationals, and other 
                                        foreign agents; and
                                          (cc) transition team 
                                        members with sources of 
                                        income or clients that 
                                        are not disclosed to 
                                        the public;
                                  (II) prohibit a transition 
                                team member with personal 
                                financial conflicts of interest 
                                as described in section 208 of 
                                title 18, United States Code, 
                                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 
                                their own personal financial 
                                conflicts of interest during a 
                                Presidential term if the 
                                covered eligible candidate 
                                becomes the President-elect;
                          (iii) a Code of Ethical Conduct, to 
                        which each transition team member will 
                        sign and be subject to, that reflects 
                        the content of the ethics plans under 
                        this paragraph and at a minimum 
                        requires each transition team member 
                        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 transition team members 
                        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 website of 
                the General Services Administration the earlier 
                of--
                          (i) the day on which the memorandum 
                        of understanding is completed; or
                          (ii) October 1.
  (h) Equity in Assistance.--Any information or other 
assistance provided to eligible candidates under this section 
shall be offered on an equal basis and without regard to 
political affiliation.
  (i) Reports.--
          (1) In general.--The President, acting through the 
        Federal Transition Coordinator, shall submit 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 agencies to prepare for the transfer of power to a 
        new President.
          (2) Timing.--The reports under paragraph (1) shall be 
        provided 6 months and 3 months before the date of a 
        Presidential election.

           *       *       *       *       *       *       *


  disclosures of financing and personnel; limitation on acceptance of 
                               donations

  Sec. 6. (a)(1) The President-elect and Vice-President-elect 
(as a condition for receiving services under section 3 and for 
funds provided under section 7(a)(1) shall disclose to the 
Administrator the date of contribution, source, amount, and 
expenditure thereof of all money, other than funds from the 
Federal Government, and including currency of the United States 
and of any foreign nation, checks, money orders, or any other 
negotiable instruments payable on demand, received either 
before or after the date of the general elections for use in 
the preparation of the President-elect or Vice-President-elect 
for the assumption of official duties as President or Vice 
President.
  (2) The President-elect and Vice-President-elect (as a 
condition for receiving such services and funds) shall make 
available to the Administrator and the Comptroller General all 
information concerning such contributions as the Administrator 
or Comptroller General may require for purposes of auditing 
both the public and private funding used in the activities 
authorized by this Act.
  (3) Disclosures made under paragraph (1) shall be--
          (A) in the form of a report to the Administrator 
        within 30 days after the inauguration of the President-
        elect as President and the Vice-President-elect as Vice 
        President; and
          (B) made available to the public by the Administrator 
        upon receipt by the Administrator.
  (b)(1) The President-elect and Vice-President-elect (as a 
condition for receiving services provided under section 3 and 
funds provided under section 7(a)(1)) shall make available to 
the public--
          (A) the names and most recent employment of all 
        transition personnel (full-time or part-time, public or 
        private, or volunteer) who are members of the 
        President-elect or Vice-President-elect's Federal 
        department or agency transition teams; [and]
          (B) information regarding the sources of funding 
        which support the transition activities of each 
        transition team member[.];
          (C) a list of all positions each transition team 
        member has held outside the Federal Government for the 
        previous 12-month period, including paid and unpaid 
        positions;
          (D) sources of compensation for each transition team 
        member exceeding $5,000 a year for the previous 12-
        month period;
          (E) a description of the role of each transition team 
        member, including a list of any policy issues that the 
        member expects to work on, and a list of agencies the 
        member expects to interact with, while serving on the 
        transition team;
          (F) a list of any issues from which each transition 
        team member will be recused while serving as a member 
        of the transition team pursuant to the transition team 
        ethics plan outlined in section 4(g)(3); and
          (G) an affirmation that no transition team member has 
        a financial conflict of interest that precludes the 
        member from working on the matters described in 
        subparagraph (E).
  (2) Disclosures under paragraph (1) shall be made public not 
later than 2 business days before the initial transition team 
contact with a Federal department or agency and shall be 
updated as necessary.
  (3) The head of a Federal department or agency, or their 
designee, shall not permit access to the Federal department or 
agency, or employees of such department or agency, that would 
not be provided to a member of the public for any transition 
team member who does not make the disclosures listed under 
paragraph (1).
  (c) The President-elect and Vice-President-elect (as a 
condition for receiving services under section 3 and for funds 
provided under section 7(a)(1)) shall not accept more than 
$5,000 from any person, organization, or other entity for 
purposes of carrying out activities authorized by this Act.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    H.R. 964, the Transition Team Ethics Improvement Act, 
continues the Committee Democrats' blatant misuse of the 
legislative process to push forward partisan political 
messages, rather than develop good government reforms. The bill 
is purportedly about strengthening Presidents-elect ethics 
plans for transition teams. However, H.R. 964 includes 
provisions that distract from the stated purpose and instead 
are designed to unfairly target the Trump Administration.
    H.R. 964 is a political stunt set into an ``ethics'' bill. 
At the business meeting on March 26, 2019, when speaking on the 
need for an excessive security clearance reporting requirement, 
Democrat Members made it clear that the bill was about 
specifically identifying the Trump Transition Team members for 
whom the Transition had requested security clearances.\1\ In 
response, Representative Jody Hice (R-GA) pointed out that the 
bill ``turns an ethics bill into a political tool to target the 
administration. Before we even get to the code of ethical 
conduct for transition team members, we have a provision that 
would require a president-elect to report to Congress the 
transition team members who have applied for or received a 
security clearance.''\2\
---------------------------------------------------------------------------
    \1\Business Meeting of the H. Comm. on Oversight & Reform, 116th 
Cong 198 (2019) (statement of Rep. Elijah Cummings, Chairman, H. Comm. 
on Oversight & Reform).
    \2\Id. at 200 (statement of Rep. Jody Hice, Member, H. Comm. on 
Oversight & Reform).
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    H.R. 964 would saddle a President-elect with an excessive 
and unnecessary burden of reporting to Congress each and every 
time a transition team member applies for and each and every 
time a transition team member receives a security clearance. 
There is no tie between establishing a transition team ethics 
plan and reporting on team members' security clearances. 
Further, the transition team could be unduly burdened by 
complying with a requirement that might result in sending 
reports to the Committee every 10 days.
    H.R. 964 also piles on new and excessive disclosure 
requirements for transition team members. The President-elect 
is already required to disclose a team member's name, most 
recent employment, and the source of funds to be used to 
support the team member.\3\ However, with this bill, the 
transition team would be required to disclose a description of 
roles, lists of issues the team member will work on, and 
agencies the team member will interact with while serving on 
the team. As Representative Hice stated at the March 26 
business meeting, ``[t]he transition team is just that. It is 
transitional. It is impossible to know what projects the team 
will be working on and who they will talk to while establishing 
the next administration.''\4\
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    \3\Presidential Transition Act of 1963, 3 U.S.C. Sec. 102 note 
(2016).
    \4\Business Meeting of the H. Comm. on Oversight & Reform, 116th 
Cong. 201 (2019) (statement of Rep. Jody Hice, Member, H. Comm. on 
Oversight & Reform).
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    Although requiring transition team members to abide by an 
Ethical Code of Conduct may help future incoming 
Administrations less inclined to establish robust ethical 
requirements as the Trump ethics team did,\5\ political 
provisions in the bill distract from bipartisan goals.
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    \5\Jacob R. Straus, Cong. Research Serv., Ethics Pledges and Other 
Executive Branch Appointee Restrictions Since 1993: Historical 
Perspective, Current Practices, and Options for Change (2017).
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                                                Jim Jordan,
                                                    Ranking Member.