[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1172 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
February 29, 2016.
Resolved, That the bill from the Senate (S. 1172) entitled ``An Act
to improve the process of presidential transition.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
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.
Attest:
Clerk.
114th CONGRESS
2d Session
S. 1172
_______________________________________________________________________
AMENDMENT