[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1172 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1172

           To improve the process of presidential transition.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2015

Mr. Carper (for himself and Mr. Johnson) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
           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 ``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, who shall 
                serve as Chairperson of the agency transition directors 
                council;
                    ``(B) a senior employee serving in the Executive 
                Office of the President, who shall be appointed 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 Federal Transition Coordinator 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.''.
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