White House: Trump Team Still Hasn't Signed Transition Docs

[BumRushDaShow]

17. Except magically the 1963 Presidential Transition Act was amended by the Presidential Transition Enhancement Act of 2019

SUMMARY

Public Law No: 116-121 (03/03/2020)

Presidential Transition Enhancement Act of 2019

This bill makes changes intended to smooth the transfer of executive power during presidential transitions.

The bill provides for the detailing of legislative branch employees on a reimbursable basis to office staffs designated by the President-elect or Vice President-elect with the consent of the supervising Member of Congress.

The bill extends support provided by the General Services Administration (GSA) to the President- and Vice President-elect for up to 60 days after the inauguration.

By September 1 of a year during which a presidential election occurs, the GSA shall enter into a memorandum of understanding (MOU) with each eligible candidate, which shall include the conditions for administrative support services and facilities. To the maximum extent practicable, an MOU shall be based on MOUs relating to previous presidential transitions. Each MOU 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 such candidate becomes President-elect. The plan shall be published on the GSA website.

By September 15 of a year during which a presidential election occurs, each agency shall ensure that a succession plan is in place for each senior noncareer position in the agency.

I know the legal beagles often cite the weight and meaning behind the term "shall".

S.394 - Presidential Transition Enhancement Act of 2019

Example change -

``(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 134 STAT. 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-

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