Sec. 639. Presidential Transition Act of 1963
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The Presidential Transition Act of 1963 ( 3 U.S.C. 102 note) is amended— in section 3— in subsection (a)(8)(A), by striking clause
(v)and inserting the following: Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of— specific strategic, tactical, and operational threats to national security; major military or covert operations; and pending decisions on possible uses of military force or covert actions. The summary prepared under item
(aa)shall be provided to the President-elect and members of office staff with appropriate clearances that are designated by 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. The Archivist of the United States shall collaborate with the Federal Transition Coordinator and agencies, including the Executive Office of the President, to ensure that the President-elect and members of office staff with appropriate clearances that are designated by the President-elect can easily access national security information (including documents, videos, audio, and briefings) created by the previous administration after the inauguration of the President-elect. The Archivist of the United States shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report if the Archivist of the United States believes there appears to be noncompliance with the requirements under this clause. ; and in subsection (c)— by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following: Not later than 6 days after the date of a general election described in paragraph (1), the Administrator shall make the ascertainment described in paragraph
(1)without any interference or undue pressure from the President or a candidate for President, or any representative thereof, based on provisional results from State election officials and expert analysis of results. Given the imperatives of an orderly transition, if there is a plausible chance that the apparent successful candidate for the office of President and Vice President, respectively, are not the incumbent, or if the incumbent was not a candidate, the Administrator shall provide a portion of the services and facilities authorized to be provided under this section to all parties with a plausible chance of being the successful candidate. ; and in section 4— in subsection (d)— in paragraph (2)— in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting ; and ; and by adding at the end the following: under the guidance of the Archivist of the United States, monitor compliance with chapter 22 of title 44, United States Code, including the preservation of all records and prevention of any records from being disposed unless done in accordance with such chapter. ; in paragraph (3)— by redesignating subparagraphs
(C)and
(D)as subparagraphs
(D)and (E), respectively; and by inserting after subparagraph
(B)the following: the Archivist of the United States; ; and by adding at the end the following: Not later than 120 days before the date of a Presidential election, the Archivist of the United States shall send a written communication to all officers and employees of the Executive Office of the President who create or receive documentary material (as defined under section 2201 of title 44, United States Code)— describing the requirements under chapter 22 of title 44, United States Code; and establishing a timeline for cooperation with the Archivist of the United States to ensure an orderly and timely transition of records subject to such chapter if there is a Presidential transition. Not later than 30 days after the date of a Presidential election which results in a Presidential transition, the Archivist of the United States, in coordination with the Federal Transition Coordinator, shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report discussing the status of the transition activities of the White House Transition Coordinating Council and identifying concerns, if any, regarding compliance with chapter 22 of title 44, United States Code. The Archivist of the United States shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report if the Archivist of the United States believes there appears to be noncompliance with the requirements or timeline described in subparagraph (A). ; in subsection (e)(2)— in subparagraph (D), by striking and at the end; in subparagraph (E), by striking the period at the end and inserting ; and ; and by adding at the end the following: under the guidance of the Archivist of the United States, monitor compliance with chapter 22 of title 44, United States Code, including the preservation of all records and prevention of any records from being disposed unless done in accordance with such chapter. ; by redesignating subsection
(i)as subsection (j); and by inserting after subsection
(h)the following: Not later than 120 days before the date of a Presidential election, the Archivist of the United States shall send a written communication to the head of each agency— describing the requirements under chapter 33 of title 44, United States Code; and establishing a timeline for cooperation with the Archivist of the United States to ensure an orderly and timely transition of records subject to such chapter if there is a Presidential transition. Not later than 30 days after the date of a Presidential election which results in a Presidential transition, the Archivist of the United States, in coordination with the Federal Transition Coordinator, shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report discussing the status of the transition activities of agencies and identifying concerns, if any, regarding compliance with chapter 33 of title 44, United States Code. The Archivist of the United States shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report if the Archivist of the United States believes there appears to be noncompliance with the requirements or timeline described in paragraph (1). .
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Sec. 639
Presidential Transition Act of 1963
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