    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-121
    116th Congress

    An Act

    To amend the Presidential Transition Act of 1963 to improve the orderly
    transfer of the executive power during Presidential
    transitions. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Transition Enhancement
    Act of 2019''.
    SEC. 2. PRESIDENTIAL TRANSITION ENHANCEMENTS.

    (a) In General.--Section 3 of the Presidential Transition Act of
    1963 (3 U.S.C. 102 note) is amended--
    (1) in subsection (a)--
    (A) <>  in the matter preceding
    paragraph (1), by striking ``upon request,'' and all
    that follows through ``including'' and inserting ``upon
    request, to each President-elect, each Vice-President-
    elect, and, for up to 60 days after the date of the
    inauguration of the President-elect and Vice-President-
    elect, each President and Vice President, for use in
    connection with the preparations for the assumption of
    official duties as President or Vice President necessary
    services and facilities, including''; and
    (B) in paragraph (2)--
    (i) by inserting ``, or an employee of a
    committee of either House of Congress, a joint
    committee of the Congress, or an individual Member
    of Congress,'' after ``any branch of the
    Government''; and
    (ii) by inserting ``, or in the case of an
    employee in a position in the legislative branch,
    with the consent of the supervising Member of
    Congress'' after ``with the consent of the head of
    the agency'';
    (2) by striking subsection (b) and inserting the following:

    ``(b) The Administrator shall expend funds for the provision of
    services and facilities under this section--
    ``(1) <>  in connection with any
    obligation incurred by the President-elect or Vice-President-
    elect, or after the inauguration of the President-elect as
    President and the inauguration of the Vice-President-elect as
    Vice President incurred by the President or Vice President,
    during the period--
    ``(A) beginning on the day after the date of the
    general elections held to determine the electors of the
    President and Vice President under section 1 or 2 of
    title 3, United States Code; and

    [[Page 139]]

    ``(B) ending on the date that is 60 days after the
    date of such inauguration; and
    ``(2) without regard to whether the President-elect, Vice-
    President-elect, President, or Vice President submits to the
    Administrator a request for payment regarding services or
    facilities before the end of such period.'';
    (3) in subsection (h)(2)(B)(ii), by striking ``computers''
    and inserting ``information technology''; and
    (4) By adding at the end the following:

    ``(i) Memorandums of Understanding.--
    ``(1) <>  In general.--Not later than
    September 1 of a year during which a Presidential election
    occurs, the Administrator shall, to the maximum extent
    practicable, enter into a memorandum of understanding with each
    eligible candidate, which shall include, at a minimum, the
    conditions for the administrative support services and
    facilities described in subsection (a).
    ``(2) Existing resources.--To the maximum extent
    practicable, a memorandum of understanding entered into under
    paragraph (1) shall be based on memorandums of understanding
    relating to previous Presidential transitions.
    ``(3) Transition representative.--
    ``(A) Designation of representative for inquiries.--
    Each memorandum of understanding entered into under this
    subsection shall designate a representative of the
    eligible candidate to whom the Administrator shall
    direct any inquiries or legal instruments regarding the
    records of the eligible candidate that are in the
    custody of the Administrator.
    ``(B) Change in transition representative.--The
    designation of a new individual as the transition
    representative of an eligible candidate shall not
    require the execution of a new memorandum of
    understanding under this subsection.
    ``(C) Termination of designation.--The designation
    of a transition representative under a memorandum of
    understanding shall terminate--
    ``(i) not later than September 30 of the year
    during which the inauguration of the President-
    elect as President and the inauguration of the
    Vice-President-elect as Vice President occurs; or
    ``(ii) before the date described in clause
    (i), upon request of the President-elect or the
    Vice-President-elect or, after such inauguration,
    upon request of the President or the Vice
    President.
    ``(4) Amendments.--Any amendment to a memorandum of
    understanding entered into under this subsection shall be agreed
    to in writing.
    ``(5) <>  Prior notification of
    deviation.--Each party to a memorandum of understanding entered
    into under this subsection shall provide written notice, except
    to the extent prohibited under another provision of law, not
    later than 3 days before taking any action that deviates from
    the terms and conditions agreed to in the memorandum of
    understanding.
    ``(6) Definition.--In this subsection, the term `eligible
    candidate' has the meaning given that term in subsection
    (h)(4).''.

    (b) Agency Transitions.--Section 4 of the Presidential Transition
    Act of 1963 (3 U.S.C. 102 note) is amended--

    [[Page 140]]

    (1) in subsection (a)--
    (A) in paragraph (3), by striking ``and'' at the
    end;
    (B) by redesignating paragraph (4) as paragraph (5);
    and
    (C) by inserting after paragraph (3) the following:
    ``(4) the term `nonpublic information'--
    ``(A) means information from the Federal Government
    that a member of a transition team obtains as part of
    the employment of the member that such member knows or
    reasonably should know has not been made available to
    the general public; and
    ``(B) includes information that a member of the
    transition team knows or reasonably should know--
    ``(i) is exempt from disclosure under section
    552 of title 5, United States Code, or otherwise
    protected from disclosure by law; and
    ``(ii) is not authorized by the appropriate
    government agency or officials to be released to
    the public; and'';
    (2) in subparagraphs (C) and (D) of subsection (e)(3), by
    inserting ``serving in a career position'' after ``senior
    representative'';
    (3) by striking subsection (f)(2) and inserting the
    following:
    ``(2) <>  Acting
    officers.--Not later than September 15 of a year during which a
    Presidential election occurs, and in accordance with subchapter
    III of chapter 33 of title 5, United States Code, the head of
    each agency shall ensure that a succession plan is in place for
    each senior noncareer position in the agency.''; and
    (4) in subsection (g)--
    (A) in paragraph (1), by striking ``November 1'' and
    inserting ``October 1''; and
    (B) by adding at the end the following:
    ``(3) Ethics plan.--
    ``(A) <>  In general.--Each
    memorandum of understanding under paragraph (1) shall
    include an agreement that the eligible candidate will
    implement and enforce an ethics plan to guide the
    conduct of the transition beginning on the date on which
    the eligible candidate becomes the President-elect.
    ``(B) Contents.--The ethics plan shall include, at a
    minimum--
    ``(i) <>  a description
    of the ethics requirements that will apply to all
    members of the transition team, including any
    specific requirement for transition team members
    who will have access to nonpublic or classified
    information;
    ``(ii) a description of how the transition
    team will--
    ``(I) address the role on the
    transition team of--
    ``(aa) lobbyists registered
    under the Lobbying Disclosure
    Act of 1995 (2 U.S.C. 1601 et
    seq.) and individuals who were
    former lobbyists registered
    under that Act; and
    ``(bb) persons registered
    under the Foreign Agents
    Registration Act of 1938 (22
    U.S.C.

    [[Page 141]]

    611 et seq.), foreign nationals,
    and other foreign agents;
    ``(II) prohibit a transition team
    member with conflicts of interest
    similar to those applicable to Federal
    employees under section 2635.402(a) and
    section 2635.502(a) of title 5, Code of
    Federal Regulations, related to current
    or former employment, affiliations,
    clients, or investments, from working on
    particular matters involving specific
    parties that affect the interests of
    such member; and
    ``(III) address how the covered
    eligible candidate will address his or
    her own conflicts of interest during a
    Presidential term if the covered
    eligible candidate becomes the
    President-elect;
    ``(iii) a Code of Ethical Conduct, which each
    member of the transition team will sign and be
    subject to, that reflects the content of the
    ethics plans under this paragraph and at a minimum
    requires transition team members to--
    ``(I) seek authorization from
    transition team leaders or their
    designees before seeking, on behalf of
    the transition, access to any nonpublic
    information;
    ``(II) keep confidential any
    nonpublic information provided in the
    course of the duties of the member with
    the transition and exclusively use such
    information for the purposes of the
    transition; and
    ``(III) not use any nonpublic
    information provided in the course of
    transition duties, in any manner, for
    personal or private gain for the member
    or any other party at any time during or
    after the transition; and
    ``(iv) a description of how the transition
    team will enforce the Code of Ethical Conduct,
    including the names of the members of the
    transition team responsible for enforcement,
    oversight, and compliance.
    ``(C) <>  Publicly available.--
    The transition team shall make the ethics plan described
    in this paragraph publicly available on the internet
    website of the General Services-

    [[Page 142]]

    Administration the earlier of--
    ``(i) the day on which the memorandum of
    understanding is completed; or
    ``(ii) October 1.''.

    Approved March 3, 2020.

    LEGISLATIVE HISTORY--S. 394:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 116-13 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD:
    Vol. 165 (2019):
    Aug. 1, considered and passed
    Senate.
    Vol. 166 (2020):
    Feb. 5, considered and passed House.