[Congressional Record Volume 162, Number 32 (Monday, February 29, 2016)] [House] [Pages H1028-H1031] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] EDWARD ``TED'' KAUFMAN AND MICHAEL LEAVITT PRESIDENTIAL TRANSITIONS IMPROVEMENTS ACT OF 2015 Mr. JODY B. HICE of Georgia. Mr. Speaker, I move to suspend the rules and pass the bill (S. 1172) to improve the process of presidential transition, as amended. The Clerk read the title of the bill. The text of the bill is as follows: S. 1172 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 ``Edward `Ted' Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015''. SEC. 2. PRESIDENTIAL TRANSITION IMPROVEMENTS. (a) In General.--The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- (1) by redesignating sections 4, 5, and 6 as sections 5, 6, and 7, respectively; and (2) by inserting after section 3 the following: ``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 `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-- [[Page H1029]] ``(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 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. ``(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.''. (b) Other Improvements.--Section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- (1) in subsection (a)-- (A) in paragraph (8)-- (i) in subparagraph (A)(i)-- (I) by inserting ``and during the term of a President'' after ``during the transition''; and (II) by striking ``after inauguration''; and (ii) in subparagraph (B), by inserting ``or Executive agencies (as defined in section 105 of title 5, United States Code)'' before the period; and (B) in paragraph (10), by inserting ``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'' before the period; (2) in subsection (b)(2), by striking ``30 days'' and inserting ``180 days''; (3) in subsection (g), by inserting ``except for activities under subsection (a)(8)(A),'' before ``there shall be no''; and (4) in subsection (h)(2), by adding at the end the following: ``(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.''. (c) Technical and Conforming Amendments.-- (1) Section 3 of the Pre-Election Presidential Transition Act of 2010 (3 U.S.C. 102 note) is repealed. (2) The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- (A) in section 3-- (i) in subsection (a)(4)(B), by striking ``section 6'' and inserting ``section 7''; (ii) in subsection (b), in the matter preceding paragraph (1), by striking ``section 3 of this Act'' and inserting ``this section''; and (iii) in subsection (h)(3)(B)(iii), by striking ``section 5'' each place it appears and inserting ``section 6''; (B) in section 6, as redesignated by subsection (a) of this section, by striking ``section 6(a)(1)'' each place it appears and inserting ``section 7(a)(1)''; and (C) in section 7(a)(2), as redesignated by subsection (a) of this section, by striking ``section 4'' and inserting ``section 5''. (3) Section 8331(1)(K) of title 5, United States Code, is amended by striking ``section 4'' and inserting ``section 5''. (4) Section 8701(a)(10) of title 5, United States Code, is amended by striking ``section 4'' and inserting ``section 5''. (5) Section 8901(1)(I) of title 5, United States Code, is amended by striking ``section 4'' and inserting ``section 5''. SEC. 3. NATIONAL ARCHIVES PRESIDENTIAL TRANSITION. Section 2203(g) of title 44, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) When the President considers it practicable and in the public interest, the President shall include in the President's budget transmitted to Congress, for each fiscal year in which the term of office of the President will expire, such funds as may be necessary for carrying out the authorities of this subsection.''. SEC. 4. REPORTS ON POLITICAL APPOINTEES APPOINTED TO NONPOLITICAL PERMANENT POSITIONS. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code; (2) the term ``covered civil service position'' means a position in the civil service (as defined in section 2101 of title 5, United States Code) that is not-- (A) a temporary position; or (B) a political position; (3) the term ``former political appointee'' means an individual who-- (A) is not serving in an appointment to a political position; and (B) served as a political appointee during the 5-year period ending on the date of the request for an appointment to a covered civil service position in any agency; (4) the term ``political appointee'' means an individual serving in an appointment to a political position; and (5) the term ``political position'' means-- (A) a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); (B) a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of title 5, United States Code; or (C) a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C [[Page H1030]] of part 213 of title 5, Code of Federal Regulations. (b) Reporting on Current or Recent Political Appointees Appointed to Covered Civil Service Positions.-- (1) Annual report.--Except as provided in paragraph (2), the Director of the Office of Personnel Management shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives an annual report regarding requests by agencies to appoint political appointees or former political appointees to covered civil service positions. Each report shall cover one calendar year and shall-- (A) for each request by an agency that a political appointee be appointed to a covered civil service position during the period covered by the report, provide-- (i) the date on which the request was received by the Office of Personnel Management; (ii) subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency; (iii) the date on which the individual was first appointed to a political position in the agency in which the individual is serving as a political appointee; (iv) the grade and rate of basic pay for the individual as a political appointee; (v) the proposed covered civil service position, including title, office, and agency, and the proposed grade and rate of basic pay for the individual; (vi) whether the Office of Personnel Management approved or denied the request; and (vii) the date on which the individual was appointed to a covered civil service position, if applicable; and (B) for each request by an agency that a former political appointee be appointed to a covered civil service position during the period covered by the report, provide-- (i) the date on which the request was received by the Office of Personnel Management; (ii) subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency; (iii) the date on which the individual was first appointed to any political position; (iv) the grade and rate of basic pay for the individual as a political appointee; (v) the date on which the individual ceased to serve in a political position; (vi) the proposed covered civil service position, including title, office, and agency, and the proposed grade and rate of basic pay for the individual; (vii) whether the Office of Personnel Management approved or denied the request; and (viii) the date on which the individual was first appointed to a covered civil service position, if applicable. (2) Quarterly report in certain years.--In the last year of the term of a President, or, if applicable, the last year of the second consecutive term of a President, the report required under paragraph (1) shall be submitted quarterly and shall cover each quarter of the year, except that the last quarterly report shall also cover January 1 through 20 of the following year. (c) Names and Titles of Certain Appointees.--If determined appropriate by the Director of the Office of Personnel Management, a report submitted under subsection (b) may exclude the name or title of a political appointee or former political appointee-- (1) who-- (A) was requested to be appointed to a covered civil service position; and (B) was not appointed to a covered civil service position; or (2) relating to whom a request to be appointed to a covered civil service position is pending at the end of the period covered by that report. SEC. 5. REPORT ON REGULATIONS PROMULGATED NEAR THE END OF PRESIDENTIAL TERMS. (a) Definitions.--In this section: (1) The term ``covered presidential transition period'' means each of the following: (A) The 120-day period ending on January 20, 2001. (B) The 120-day period ending on January 20, 2009. (C) The 120-day period ending on January 20, 2017. (2) The term ``covered regulation'' means a final significant regulatory action promulgated by an Executive department. (3) The term ``significant regulatory action'' means any regulatory action that is likely to result in a rule that may-- (A) have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (D) raise novel legal or policy issues. (4) The term ``Executive department'' has the meaning given that term under section 101 of title 5, United States Code. (b) Report.-- (1) In general.--The Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report regarding covered regulations promulgated during each covered presidential transition period. (2) Contents of report.--The report required under paragraph (1) shall, to the extent feasible, for each covered presidential transition period-- (A) compare the number, scope, and impact of, and type of rulemaking procedure used for, covered regulations promulgated during the covered presidential transition period to the number, scope, and impact of, and type of rulemaking procedure used for, covered regulations promulgated during the 120-day periods ending on January 20 of each year after 1996, other than 2001, 2009, and 2017; (B) determine the statistical significance of any differences identified under subparagraph (A) and whether and to what extent such differences indicate any patterns; (C) evaluate the size, scope, and effect of the covered regulations promulgated during the covered presidential transition period; and (D) assess the extent to which the regularly required processes for the promulgation of covered regulations were followed during the covered presidential transition period, including compliance with the requirements under-- (i) chapter 8 of title 5, United States Code (commonly known as the ``Congressional Review Act''); (ii) the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note); (iii) sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532-1535); (iv) chapter 6 of title 5, United States Code (commonly known as the ``Regulatory Flexibility Act''); and (v) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). SEC. 6. ANALYSIS OF THREATS AND VULNERABILITIES. (a) In General.--Not later than February 15, 2016, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Government Reform and Homeland Security of the House of Representatives a report analyzing the threats and vulnerabilities facing the United States during a presidential transition, which-- (1) shall identify and discuss vulnerabilities related to border security and threats related to terrorism, including from weapons of mass destruction; (2) shall identify steps being taken to address the threats and vulnerabilities during a presidential transition; and (3) may include recommendations for actions by components and agencies within the Department of Homeland Security. (b) Form.--The report submitted under subsection (a) shall be prepared in unclassified form, but may contain a classified annex. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Georgia (Mr. Jody B. Hice) and the gentlewoman from Illinois (Ms. Kelly) each will control 20 minutes. The Chair recognizes the gentleman from Georgia. General Leave Mr. JODY B. HICE of Georgia. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Georgia? There was no objection. Mr. JODY B. HICE of Georgia. Mr. Speaker, I yield myself such time as I may consume. I rise today in support of S. 1172, the Edward ``Ted'' Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015, introduced by Senator Thomas Carper of Delaware. By building on the Pre-Presidential Transaction Act of 2010, S. 1172 improves the process of Presidential transition by mandating several processes that have been effective in past Presidential transitions. The bill promotes early planning and supports communication by codifying the working groups put in place for the 2010 transition, which was one of the smoothest in our Nation's history. S. 1172 directs the White House to establish a transition council. It requires the General Services Administration to designate a Federal transition coordinator, and it ensures agencies designate staff to manage their internal transition activities needed to support the process of transitioning from one Presidential administration to another. The bill requires that the transition teams be in place no later than 6 months before election day, and it authorizes GSA to provide services for the incoming administration up to 6 months after inauguration. {time} 1800 S. 1172 also requires a report to Congress on national security threats related to terrorism and border security during a transition. The bill further requires the Office of Personnel Management to provide quarterly reports to [[Page H1031]] Congress detailing requests by agencies to appoint political appointees and former political appointees to nonpolitical civil service positions. Mr. Speaker, S. 1172 will help ensure the incoming President has the information necessary to oversee our complex government. Together, these commonsense steps will support future Presidents as they prepare to govern immediately after inauguration. Regardless of party, key management actions must be taken during transitions to support the smooth operation of government. Mr. Speaker, this bill was also referred to the Committee on Homeland Security, and we deeply appreciate their cooperation in getting this bill to the floor. I also would like to thank Senators Johnson and Carper for their work to ensure the upcoming transition remains nonpartisan and supports the continuance of essential government operations. Mr. Speaker, as we prepare for an upcoming Presidential transition, I urge my colleagues to support this important bipartisan legislation. Mr. Speaker, I reserve the balance of my time. House of Representatives, Committee on Oversight and Government Reform, Washington, DC, December 11, 2015. Hon. Michael T. McCaul, Chairman, Committee on Homeland Security, Washington, DC. Dear Mr. Chairman: On October 9, 2015, the Committee on Oversight and Government Reform ordered reported with an amendment S. 1172, the Edward ``Ted'' Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015, by unanimous consent. The bill was referred primarily to the Committee on Oversight and Government Reform, with an additional referral to the Committee on Homeland Security. I ask that you allow the Homeland Security Committee to be discharged from further consideration of the bill so that it may be scheduled by the Majority Leader. This discharge in no way affects your jurisdiction over the subject matter of the bill, and it will not serve as precedent for future referrals. In addition, should a conference on the bill be necessary, I would support your request to have the Committee on Homeland Security represented on the conference committee. Finally, I would be pleased to include this letter and any response in the bill report filed by the Committee on Oversight and Government Reform, as well as in the Congressional Record during floor consideration, to memorialize our understanding. Thank you for your consideration of my request. Sincerely, Jason Chaffetz, Chairman. ____ House of Representatives, Committee on Homeland Security, Washington, DC, December 11, 2015. Hon. Jason Chaffetz, Chairman, Committee on Oversight and Government Reform, Washington, DC. Dear Chairman Chaffetz: Thank you for letter regarding S. 1172, the ``Edward `Ted' Kaufman and Michael Leavitt Presidential Transitions and Improvements Act of 2015.'' As a result of your having consulted with us on provisions in S. 1172 that fall within the Rule X jurisdiction of the Committee on Homeland Security, I agree to discharge our Committee from further consideration of this bill so that it may proceed expeditiously to the House floor for consideration. The Committee on Homeland Security takes this action with our mutual understanding that by forgoing consideration of S. 1172 at this time, we do not waive any jurisdiction over subject matter contained in this or similar legislation, and that our Committee will be appropriately consulted and involved as this bill or similar legislation moves forward so that we may address any remaining issues in our jurisdiction. Our Committee also reserves the right to seek appointment of an appropriate number of conferees to any House-Senate conference involving this or similar legislation, and I ask that your support any such request. To memorialize our understanding, please include a copy of this letter exchange in the report filed by the Committee on Oversight and Government Reform, as well as in the Congressional Record during floor consideration. Sincerely, Michael T. McCaul, Chairman. Ms. KELLY of Illinois. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of this legislation. I appreciate the leadership of Senator Tom Carper in advocating for this bill which would improve the transition process for Presidential administrations. When a new President takes office, it can take months for the new administration to put people in place. This bill would ensure that the Federal Government can continue its important functions during this transition and allow the head of an agency to put career employees in noncareer positions temporarily if necessary. Under this legislation, a senior-level interagency transition council would be established to help develop an effective strategy for each Presidential transition. The General Services Administration would also be required to designate a Federal transition coordinator, and agencies would be required to designate senior career officials to oversee transition activities. This bill would also help the National Archives carry out its mission by authorizing the President to include funds for the Archives to efficiently receive records from the outgoing administration. Several changes were made to this legislation during consideration by the Oversight and Government Reform Committee to address concerns raised by Ranking Member Cummings. For example, the Senate version of this bill would have required the Office of Personnel Management to report every quarter on requests for political appointees to convert to career employees. The bill before us today would still require OPM to report this information, but it would only be on an annual basis during nonelection years. This bill will help future Presidents have a smooth and productive transition. I support this bill, and I have no additional speakers. Mr. Speaker, I yield back the balance of my time. Mr. JODY B. HICE of Georgia. Mr. Speaker, I urge adoption of this bill. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Georgia (Mr. Jody B. Hice) that the House suspend the rules and pass the bill, S. 1172, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. ____________________