[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1172 Enrolled Bill (ENR)]
S.1172
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To improve the process of presidential transition.
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--
``(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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.