Trump Lawfully still controls the military until Marh 21, 2021

President Trump retains control of the military for up to 60 days after leaving office. He still has the nuclear football.
source: Text - S.394 - 116th Congress (2019-2020): Presidential Transition Enhancement Act of 2019 | Congress.gov | Library of Congress

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

[116th Congress Public Law 121]
[From the U.S. Government Publishing Office]

[[Page 137]]

              PRESIDENTIAL TRANSITION ENHANCEMENT
                           ACT OF 2019

[[Page 134 STAT. 138]]

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. <<NOTE: Mar. 3, 2020 - [S. 394]>>

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, <<NOTE: Presidential
Transition Enhancement Act of 2019. 3 USC 1 note.>>
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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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 134 STAT. 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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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 134 STAT. 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) <<NOTE: Deadline. Succession plan.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Web posting.>>  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 134 STAT. 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.

6 Likes

4 Likes