[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\
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\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).
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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\
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\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).
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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\
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\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\
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\8\Id.
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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\
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\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).
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Jim Jordan,
Ranking Member.