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

                                                       Calendar No. 166
114th CONGRESS
  1st Session
                                S. 1172

                          [Report No. 114-94]

           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

                             July 27, 2015

                Reported by Mr. Johnson, with amendments
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 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 ``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, 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.''.

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.--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 a quarterly 
report regarding requests by agencies to appoint political appointees 
or former political appointees to covered civil service positions, 
which shall--
            (1) for each request by an agency that a political 
        appointee be appointed to a covered civil service position 
        during the period covered by the quarterly report, provide--
                    (A) the date on which the request was received by 
                the Office of Personnel Management;
                    (B) subject to subsection (c), the name of the 
                individual and the political position held by the 
                individual, including title, office, and agency;
                    (C) 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;
                    (D) the grade and rate of basic pay for the 
                individual as a political appointee;
                    (E) the proposed covered civil service position, 
                including title, office, and agency, and the proposed 
                grade and rate of basic pay for the individual;
                    (F) whether the Office of Personnel Management 
                approved or denied the request; and
                    (G) the date on which the individual was appointed 
                to a covered civil service position, if applicable; and
            (2) 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 quarterly report, provide--
                    (A) the date on which the request was received by 
                the Office of Personnel Management;
                    (B) subject to subsection (c), the name of the 
                individual and the political position held by the 
                individual, including title, office, and agency;
                    (C) the date on which the individual was first 
                appointed to any political position;
                    (D) the grade and rate of basic pay for the 
                individual as a political appointee;
                    (E) the date on which the individual ceased to 
                serve in a political position;
                    (F) the proposed covered civil service position, 
                including title, office, and agency, and the proposed 
                grade and rate of basic pay for the individual;
                    (G) whether the Office of Personnel Management 
                approved or denied the request; and
                    (H) the date on which the individual was first 
                appointed to a covered civil service position, if 
                applicable.
    (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--
                    (A) the 120-day period ending on January 20, 1993.
                    (B) the 120-day period ending on January 20, 2001;
                    (C) the 120-day period ending on January 20, 2009; 
                and
                    (D) the 120-day period ending on January 20, 2017;
            (2) the term ``covered regulation'' means a final 
        regulation promulgated by an Executive department; and
            (3) the term ``Executive department'' has the meaning given 
        that term under section 101 of title 5, United States Code.
    (b) Reports.--
            (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 the 
        covered presidential transition periods described in 
        subparagraph (A), (B), or (C) of subsection (a)(1).
            (2) Next presidential transition.--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 the covered presidential transition period 
        described in subsection (a)(1)(D).
            (3) Contents of reports.--The reports required under 
        paragraphs (1) and (2) shall, for each covered presidential 
        transition period covered by the report--
                    (A) compare the number, scope, and cost (if 
                possible) of, and type of rulemaking procedure used 
                for, covered regulations promulgated during the covered 
                presidential transition period to the number, scope, 
                and cost of, and type of rulemaking procedure used for, 
                covered regulations promulgated during the 120-day 
                periods ending on January 20 of each year after 1988, 
                other than 1993, 2001, and 2009;
                    (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) chapter 6 of title 5, United States 
                        Code (commonly known as the ``Regulatory 
                        Flexibility Act''); and
                            (iv) 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 Congress 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.
                                                       Calendar No. 166

114th CONGRESS

  1st Session

                                S. 1172

                          [Report No. 114-94]

_______________________________________________________________________

                                 A BILL

           To improve the process of presidential transition.

_______________________________________________________________________

                             July 27, 2015

                        Reported with amendments