[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3654 Reported in Senate (RS)]
<DOC>
Calendar No. 733
118th CONGRESS
2d Session
S. 3654
[Report No. 118-313]
To amend the Presidential Transition Act of 1963 to require the timely
appointment of agency transition officials, to ensure adequate
performance and oversight of required transition-related preparation,
to require new guidance for agencies and possible transition teams, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24, 2024
Mr. Peters (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
December 19 (legislative day, December 16), 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Presidential Transition Act of 1963 to require the timely
appointment of agency transition officials, to ensure adequate
performance and oversight of required transition-related preparation,
to require new guidance for agencies and possible transition teams, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Agency Preparation for
Transitions Act of 2024''.</DELETED>
<DELETED>SEC. 2. FEDERAL TRANSITION COORDINATOR.</DELETED>
<DELETED> Section 4(c) of the Presidential Transition Act of 1963 (3
U.S.C. 102 note) is amended to read as follows:</DELETED>
<DELETED> ``(c) Federal Transition Coordinator.--</DELETED>
<DELETED> ``(1) Designation.--The Administrator shall
designate an employee of the General Services Administration
who is a senior career employee to the position of Federal
Transition Coordinator.</DELETED>
<DELETED> ``(2) Duties of the federal transition
coordinator.--A Federal Transition Coordinator shall be
responsible for--</DELETED>
<DELETED> ``(A) carrying out the duties and
authorities of the Administrator relating to
Presidential transitions under this Act, or any other
provision of law, except for determining the apparent
successful candidate under section 3(c);</DELETED>
<DELETED> ``(B) serving as the Federal Transition
Coordinator with responsibility for coordinating
transition planning across agencies, including through
the agency transition directors council established
under subsection (e);</DELETED>
<DELETED> ``(C) ensuring agencies comply with all
statutory requirements relating to transition planning
and reporting;</DELETED>
<DELETED> ``(D) acting as a liaison to eligible
candidates;</DELETED>
<DELETED> ``(E) regularly providing updates to
agencies not included on the agency transition
directors council with information, including
information on briefing materials, key transition
milestones, and succession planning;</DELETED>
<DELETED> ``(F) identifying best practices relating
to Presidential transitions for transition teams,
Federal agencies, and incumbent
administrations;</DELETED>
<DELETED> ``(G) identifying--</DELETED>
<DELETED> ``(i) the most significant
challenges for Federal agencies that are posed
by Presidential transitions; and</DELETED>
<DELETED> ``(ii) ways to mitigate the risks
associated with such challenges during
subsequent Presidential transitions;
and</DELETED>
<DELETED> ``(H) other duties at the discretion of
the Administrator.</DELETED>
<DELETED> ``(3) Appointment of the federal transition
coordinator.--</DELETED>
<DELETED> ``(A) In general.--Not later than 2 years
before the date of each Presidential election, the
Administrator shall appoint a Federal Transition
Coordinator.</DELETED>
<DELETED> ``(B) Non-election periods.--During any
period during which there is not an individual serving
as Federal Transition Coordinator pursuant to an
appointment in accordance with subparagraph (A), the
Administrator shall designate an officer or employee to
carry out any transition responsibilities until the
appointment of the next Federal Transition
Coordinator.</DELETED>
<DELETED> ``(C) Reporting to congress.--The
Administrator shall report to Congress--</DELETED>
<DELETED> ``(i) when the Administrator has
appointed a new Federal Transition Coordinator;
and</DELETED>
<DELETED> ``(ii) when the Administrator has
designated an officer or employee to carry out
transition responsibilities under subparagraph
(B).</DELETED>
<DELETED> ``(4) Rule of construction.--Nothing in this
subsection shall be construed to prohibit the Administrator
from revoking an existing designation of an individual serving
as Federal Transition Coordinator and designating a new
individual to serve as the Federal Transition
Coordinator.''.</DELETED>
<DELETED>SEC. 3. WHITE HOUSE TRANSITION COORDINATING COUNCIL.</DELETED>
<DELETED> (a) In General.--Section 4(d) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``Not later than
6 months before the date of a Presidential election,'' and all
that follows and inserting ``There is established a White House
transition coordinating council for the purposes of
facilitating the Presidential transition. The White House
transition coordinating council shall, at a minimum, meet and
perform the duties provided for in this Act.'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``and'' at the end;</DELETED>
<DELETED> (B) in subparagraph (C), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(D) oversee the transition process for
offices within the Executive Office of the President
and ensure that such offices produce relevant
transition briefing materials for eligible
candidates;</DELETED>
<DELETED> ``(E) during any year during which a
Presidential election is not being held, designate
employees within the Executive Office of the President
who shall develop, in coordination with the Archivist
of the United States, a plan for employees serving in
positions in the executive branch to identify, on at
least an annual basis, Presidential records (as defined
in section 2201 of title 44, United States Code),
including electronic records, to be transferred to and
maintained and preserved by the Archivist in the event
of a possible Presidential transition; and</DELETED>
<DELETED> ``(F) not later than 180 days before the
date of each Presidential election, the employees
designated under subparagraph (E) shall submit to
Congress the most recent plan developed under
subparagraph (E) through a written report or a briefing
with relevant committees.''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(3) Meeting frequency.--The White House
transition coordinating council shall meet--</DELETED>
<DELETED> ``(A) as soon as practicable during a year
during which a Presidential election is being held, but
not later than the day before the first regular meeting
of the agency transition directors council under
subsection (e)(4)(B) during such year; and</DELETED>
<DELETED> ``(B) to host an exercise described in
paragraph (2)(C) as soon as is practicable after the
date on which the Administrator determines a sole
apparent successful candidate for the office of the
President, but not later than the date on which the
apparent successful candidate for the office of
President is inaugurated.''.</DELETED>
<DELETED> (b) Effective Date.--The amendments made by this section
shall take effect on the date that is 30 days after the date of
enactment of this Act.</DELETED>
<DELETED>SEC. 4. MEMORANDUMS OF UNDERSTANDING.</DELETED>
<DELETED> Section 4(g)(1) of the Presidential Transition Act of 1963
(3 U.S.C. 102 note) is amended by striking ``shall include, at a
minimum,'' and all that follows and inserting the following: ``shall
include--</DELETED>
<DELETED> ``(A) at a minimum--</DELETED>
<DELETED> ``(i) the conditions of access to
employees, facilities, and documents of
agencies by transition staff;</DELETED>
<DELETED> ``(ii) the conditions of access to
information and briefing material critical to
national security, which shall be established
in consultation with the relevant agencies;
and</DELETED>
<DELETED> ``(iii) the conditions of access
to any interagency emergency preparedness and
response exercises under subsection (d)(2)(C);
and</DELETED>
<DELETED> ``(B) a provision allowing access
described in subparagraph (A) to commence or continue
for the eligible candidate and the members of the
transition team of the eligible candidate during the
period beginning on the day after date of the
Presidential election and ending at the time at which
the Administrator determines the apparent successful
candidate under section 3(c).''.</DELETED>
<DELETED>SEC. 5. FREQUENCY OF THE AGENCY TRANSITION DIRECTORS
COUNCIL.</DELETED>
<DELETED> Section 4(e)(4)(B) of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended--</DELETED>
<DELETED> (1) by striking ``6 months'' and inserting ``270
days''; and</DELETED>
<DELETED> (2) by striking ``inaugurated,'' and all that
follows and inserting the following: ``inaugurated, not less
than once per month, which shall include--</DELETED>
<DELETED> ``(i) a meeting during the period
beginning on the day after the Presidential
election and ending 3 days after the date of
the Presidential election; and</DELETED>
<DELETED> ``(ii) if the Administrator does
not determine the apparent successful
candidates in accordance with section 3(c) on
or before the date that is 3 days after the
date of the Presidential election, not later
than 1 day after such
determination.''.</DELETED>
<DELETED>SEC. 6. DUTIES OF THE AGENCY TRANSITION DIRECTORS
COUNCIL.</DELETED>
<DELETED> Section 4(e)(2) of the Presidential Transition Act of 1963
(3 U.S.C. 102 note) is amended--</DELETED>
<DELETED> (1) in subparagraph (B), by inserting ``,
including guidance and templates for providing briefing
materials and information both in digital and physical
formats'' after ``candidates'';</DELETED>
<DELETED> (2) in subparagraph (C)--</DELETED>
<DELETED> (A) by striking ``November 1'' and
inserting ``October 15''; and</DELETED>
<DELETED> (B) by inserting ``, which may be updated
with additional information as needed after October
15'' before the semicolon at the end;</DELETED>
<DELETED> (3) in subparagraph (D), by striking ``and'' at
the end;</DELETED>
<DELETED> (4) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED> (5) by adding at the end the following:</DELETED>
<DELETED> ``(F) provide guidance to agencies on how
the agencies should engage with and provide information
to apparent successful candidates, should there be
multiple apparent successful candidates, as described
in section 3(c)(2);</DELETED>
<DELETED> ``(G) develop working groups and
subcommittees to address any emergencies that arise
during a Presidential transition; and</DELETED>
<DELETED> ``(H) after the inauguration as President
of the apparent successful candidate for the office of
President, working with the Federal Transition
Coordinator to identify lessons learned from the
Presidential transition.''.</DELETED>
<DELETED>SEC. 7. MEMBERSHIP OF AGENCY TRANSITION DIRECTORS
COUNCIL.</DELETED>
<DELETED> (a) In General.--Section 4(e) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
<DELETED> (1) in paragraph (3)--</DELETED>
<DELETED> (A) in subparagraph (B), by inserting ``,
which shall include not less than 1 senior career
employee who shall oversee transition responsibilities
for the Executive Office of the President, including
the production of relevant transition briefing
materials for eligible candidates from each office or
component of the Executive Office of the President''
after ``by the President'';</DELETED>
<DELETED> (B) in subparagraph (C), by striking
``section 901(b)(1)'' and inserting ``paragraph (1) or
(2) of section 901(b)'';</DELETED>
<DELETED> (C) in subparagraph (D)--</DELETED>
<DELETED> (i) by inserting ``, as defined
under section 3502 of title 44, United States
Code, that is'' after ``any other agency'';
and</DELETED>
<DELETED> (ii) by striking ``and'' at the
end;</DELETED>
<DELETED> (D) in subparagraph (E), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (E) by adding at the end the
following:</DELETED>
<DELETED> ``(F) the co-chairpersons of the council
established under paragraph (5)(A).''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(5) Council for non-atdc agency transition
directors.--</DELETED>
<DELETED> ``(A) In general.--The Co-Chairpersons of
the agency transition directors council shall establish
and operate a council for small and independent agency
transition directors (referred to in this paragraph as
the `council').</DELETED>
<DELETED> ``(B) Advisory body.--The council shall
serve as the principle advisory body to the Co-
Chairpersons of the agency transition directors council
relating to the priorities, needs, and functions of the
council, as they relate to small and independent
agencies.</DELETED>
<DELETED> ``(C) Members.--The council shall be
composed of the Agency Transition Directors designated
under subsection (f)(1)(A) from each agency that does
not have a representative who is a member of the agency
transition directors council.</DELETED>
<DELETED> ``(D) Co-chairpersons.--The Co-
Chairpersons of the agency transition directors council
shall select from among the council members 2 co-
chairpersons of the council.</DELETED>
<DELETED> ``(6) Guidance.--The Federal Transition
Coordinator shall consult with the co-chairpersons of the
council established under paragraph (5)(A), to provide relevant
guidance and information to the council on issues relating to
Presidential transitions.</DELETED>
<DELETED> ``(7) OMB representative on the agency transition
directors council.--</DELETED>
<DELETED> ``(A) In general.--Not later than 1 year
before the date of a Presidential election, the
Director of the Office of Management and Budget shall
designate an employee of the Office of Management and
Budget who is a senior career employee to serve on the
agency transition directors council, who shall work
with the Deputy Director for Management of the Office
of Management and Budget in carrying out the transition
duties of the Office of Management and
Budget.</DELETED>
<DELETED> ``(B) Lessons learned.--After the
inauguration as President of the apparent successful
candidate for the office of President, the employee
designated under subparagraph (A) shall assist the
Federal Transition Coordinator by contributing any
lessons learned by the Office of Management and Budget
from the Presidential transition.''.</DELETED>
<DELETED> (b) Implementation for 2024 Election.--As soon as is
practicable after the date of enactment of this Act, the Director of
the Office of Management and Budget shall designate an employee of the
Office of Management and Budget to serve on the agency transition
directors council in accordance with paragraph (7) of section 4(e) of
the Presidential Transition Act of 1963, as added by subsection (a) of
this section.</DELETED>
<DELETED>SEC. 8. INTERIM AGENCY LEADERSHIP FOR TRANSITIONS.</DELETED>
<DELETED> (a) In General.--Section 4(f) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margin accordingly;</DELETED>
<DELETED> (2) by inserting before subparagraph (A), as so
redesignated, the following:</DELETED>
<DELETED> ``(1) Election years.--'';</DELETED>
<DELETED> (3) in paragraph (1)(A), as so designated--
</DELETED>
<DELETED> (A) by striking ``6 months'' and inserting
``270 days''; and</DELETED>
<DELETED> (B) by inserting ``, who shall serve as
the Agency Transition Director for the agency and whose
term as Agency Transition Director shall last until not
later than the date that is 90 days after the date of
the inauguration as President of the apparent
successful candidate for the office of President,''
after ``a senior career employee of the agency'';
and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(2) Oversight and implementation of transition
in non-election years.--</DELETED>
<DELETED> ``(A) In general.--Not later than 1 year
after the date of each inauguration day--</DELETED>
<DELETED> ``(i) the head of each agency
which has a representative who serves on the
agency transition directors council shall
designate an employee of the agency who is a
senior career employee to serve as the
representative of the agency at the annual
meetings of the agency transition directors
council described in subsection (e)(4)(A);
and</DELETED>
<DELETED> ``(ii) the head of each agency
which does not have a representative who serves
on the agency transition directors council
shall designate an employee of the agency who
is a senior career employee to oversee issues
relating to Presidential transitions.</DELETED>
<DELETED> ``(B) Duties.--An employee designated by
the head of an agency under subparagraph (A) shall
serve as the official responsible for the transition
operations of the agency until the date on which the
head of the agency designates an employee as an Agency
Transition Director under paragraph (1)(A) with respect
to the next Presidential election.</DELETED>
<DELETED> ``(3) Rule of construction.--Nothing in this
subsection shall be construed to prohibit the head of an agency
from designating--</DELETED>
<DELETED> ``(A) the individual who is serving as the
Agency Transition Director for the agency under
paragraph (1)(A) for purposes of paragraph (2)(A);
or</DELETED>
<DELETED> ``(B) the individual who the head
designated for purposes of paragraph (2)(A) as the
Agency Transition Director for the agency under
paragraph (1)(A).''.</DELETED>
<DELETED> (b) Conforming Amendments.--Section 3(c)(2)(B) of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended--
</DELETED>
<DELETED> (1) by striking ``the senior career employee of
each agency'' and inserting ``the Agency Transition Director of
each agency''; and</DELETED>
<DELETED> (2) by striking ``subsection (f)(1)'' and
inserting ``subsection (f)(1)(A)''.</DELETED>
<DELETED>SEC. 9. REPORTS ON POLITICAL APPOINTEES APPOINTED TO
NONPOLITICAL PERMANENT POSITIONS.</DELETED>
<DELETED> Section 4(b) of the Edward ``Ted'' Kaufman and Michael
Leavitt Presidential Transitions Improvements Act of 2015 (5 U.S.C.
3101 note) is amended by adding at the end the following:</DELETED>
<DELETED> ``(3) Publication.--The Director of the Office of
Personnel Management shall make a version of each report
required under paragraph (1) and each report required under
paragraph (2) available to the public, which may exclude
information in accordance with subsection (c).''.</DELETED>
<DELETED>SEC. 10. REPORTS AND GUIDANCE BY TRANSITION
OFFICIALS.</DELETED>
<DELETED> (a) In General.--Section 4 of the Presidential Transition
Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
<DELETED> (1) in subsection (i), in the subsection heading,
by inserting ``by the President'' after ``Reports'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(j) Other Reports Regarding Transitions.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection--</DELETED>
<DELETED> ``(A) the term `incoming administration'
means the apparent successful candidate for the office
of President, the apparent successful candidate for the
office of Vice President, a member of the transition
team, or any other employee or contractor of the
apparent successful candidate for the office of
President or the apparent successful candidate for the
office of Vice President who is performing duties
relating to the Presidential transition; and</DELETED>
<DELETED> ``(B) the term `outgoing administration'
means an individual who, during the period beginning on
the date of a Presidential election and ending on the
date of the inauguration with respect to the
Presidential election (unless the individual serving as
President on the date of such Presidential election is
inaugurated as President at such inauguration), serves
as the President, the Vice President, or an officer or
employee in the executive branch of the Federal
Government.</DELETED>
<DELETED> ``(2) Exercises.--Not later than November 1 of
each year during which a Presidential election is held, the
White House transition coordinating council shall submit to
Congress a report, which may contain a classified annex, on the
plans of the council for hosting exercises described in
subsection (d)(2)(C), which shall include a summary of--
</DELETED>
<DELETED> ``(A) the topics to be covered by the
exercises;</DELETED>
<DELETED> ``(B) scheduled dates for the exercises;
and</DELETED>
<DELETED> ``(C) plans for ensuring emergency
preparedness prior to a determination by the
Administrator that a single candidate for the office of
President should be treated as the sole apparent
successful candidate in accordance with section 3(c),
including during any period of multiple potential
apparent successful candidates as described in section
3(c)(2), if applicable.</DELETED>
<DELETED> ``(3) GAO reports.--</DELETED>
<DELETED> ``(A) In general.--Not later than 180 days
after the date on which the Administrator determines
the sole apparent successful candidate for the office
of President in accordance with section 3(c) with
respect to each Presidential election, the Comptroller
General of the United States, in consultation with the
agency transition directors council, shall submit to
Congress a report on the Presidential transition
process and make a version of the report available to
the public.</DELETED>
<DELETED> ``(B) Contents.--A report under
subparagraph (A) shall include--</DELETED>
<DELETED> ``(i) a review of the efficiency,
effectiveness, and security of activities
required in this Act of the outgoing
administration and the incoming administration,
including--</DELETED>
<DELETED> ``(I) briefings of members
of the incoming administration by
members of the outgoing
administration;</DELETED>
<DELETED> ``(II) migration of
technology platforms;</DELETED>
<DELETED> ``(III) information-
sharing between agencies or between the
outgoing administration and the
incoming administration; and</DELETED>
<DELETED> ``(IV) the services and
facilities provided by the
Administrator to facilitate an
efficient transfer of power before and
after the date of the applicable
Presidential election;</DELETED>
<DELETED> ``(ii) the cost of the services
and facilities provided by the General Services
Administration, the National Archives and
Records Administration, the Office of
Government Ethics, and the Department of
Justice to facilitate an efficient transfer of
power before and after the date of the
applicable Presidential election;</DELETED>
<DELETED> ``(iii) an assessment of the major
challenges and achievements of service-
providing agencies in the delivery of core
transition services to agencies, the outgoing
administration, and the incoming
administration;</DELETED>
<DELETED> ``(iv) if the apparent successful
candidate for the office of President is not
serving as President on the date of the
applicable Presidential election, a description
of any known or reported delays in services
provided by any agency to the incoming
administration; and</DELETED>
<DELETED> ``(v) recommendations, if any, for
changes to the Presidential transition
process.</DELETED>
<DELETED> ``(4) New administration.--</DELETED>
<DELETED> ``(A) Guidance.--Not later than 60 days
before the date of a Presidential election, the
Archivist of the United States shall develop guidance
for a President-elect and the transition team of the
President-elect relating to complying with chapters 22
and 31 of title 44, United States Code, when creating
documents for use on or after inauguration day, which
shall include guidance for identifying and labeling all
documents created before inauguration day that the
President-elect intends to use or transfer after
inauguration day.</DELETED>
<DELETED> ``(B) Report.--Not later than 90 days
after the date of the inauguration as President of an
apparent successful candidate for the office of
President who was not serving as President on the date
of the most recent Presidential election, the Archivist
of the United States shall publish a report on the
status of the procedures for transition management of
the incoming administration and the outgoing
administration, which shall include--</DELETED>
<DELETED> ``(i) a description of the process
of the incoming administration for--</DELETED>
<DELETED> ``(I) identifying
documents created on or before the date
of the inauguration that are intended
for use on or after inauguration day
and are subject to chapter 22 of title
44, United States Code; and</DELETED>
<DELETED> ``(II) providing guidance
to officers and employees of the
incoming administration on consistently
labeling and safely storing classified
documents; and</DELETED>
<DELETED> ``(ii) a description of the
process of the outgoing administration for
identifying Presidential records, as defined in
section 2201 of title 44, United States Code,
to be preserved and maintained by the Archivist
of the United States.</DELETED>
<DELETED> ``(5) Lessons learned.--Not later than 180 days
after each inauguration day, the Federal Transition Coordinator
shall report to Congress regarding lessons learned from the
transition period and offer recommendations for improvements to
the Presidential transition process, which shall include--
</DELETED>
<DELETED> ``(A) lessons learned by Agency Transition
Directors and the agency transition directors council
with respect to the transition operations of
agencies;</DELETED>
<DELETED> ``(B) an assessment of the major
challenges and achievements of the Administrator in
providing core transition services to agencies, the
outgoing administration, and the incoming
administration; and</DELETED>
<DELETED> ``(C) recommendations, if any, for changes
to the Presidential transition process.</DELETED>
<DELETED> ``(k) Guidance on IT Management During the Transition.--
</DELETED>
<DELETED> ``(1) General guidance.--Not later than 180 days
before the date of each Presidential election, the Federal
Transition Coordinator, in consultation with the Secretary of
Homeland Security and the Administrator of the Office of E-
Government and Information Technology, shall make publicly
available in a manner that is accessible by any candidate for
the office of President or Vice-President information regarding
information technology management during the Presidential
transition, including--</DELETED>
<DELETED> ``(A) information technology management
best practices to protect against cyber
threats;</DELETED>
<DELETED> ``(B) a description of technology
platforms that will be provided by the Administrator to
eligible candidates, including at minimum--</DELETED>
<DELETED> ``(i) email and video
conferencing;</DELETED>
<DELETED> ``(ii) file-sharing and document-
sharing software;</DELETED>
<DELETED> ``(iii) personnel selection,
vetting, and documenting systems; and</DELETED>
<DELETED> ``(iv) other technology required
to facilitate virtual briefings, meetings, and
other interactions between transition team
members and with Federal agencies;
and</DELETED>
<DELETED> ``(C) a description of what, if any,
technology platforms a candidate may be able to
transition into the incoming administration, should the
candidate become President.</DELETED>
<DELETED> ``(2) Guidance for eligible candidates.--After the
date described in paragraph (1) and before inauguration day,
the Federal Transition Coordinator, in consultation with the
Secretary of Homeland Security and the Administrator of the
Office of E-Government and Information Technology, may provide
additional information regarding information technology
management during the Presidential transition to each eligible
candidate.</DELETED>
<DELETED> ``(3) Submission to congress.--The Federal
Transition Coordinator shall submit to Congress any information
made publicly available or provided to an eligible candidate
under this subsection.''.</DELETED>
<DELETED> (b) Ethics Plans.--Section 4(g)(3)(B) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
<DELETED> (1) by redesignating clauses (i), (ii), (iii), and
(iv) as clauses (ii), (iii), (iv), and (v), respectively;
and</DELETED>
<DELETED> (2) by inserting before clause (ii), as so
redesignated, the following:</DELETED>
<DELETED> ``(i) the name and title of a
transition team official whose responsibilities
include overseeing implementation of and
compliance with the ethics plan;''.</DELETED>
<DELETED>SEC. 11. TECHNICAL AMENDMENT.</DELETED>
<DELETED> Section 3(a)(8)(A)(ii)(III) of the Presidential Transition
Act of 1963 (3 U.S.C. 102 note) is amended by striking ``from the'' and
all that follows and inserting ``from the Government Accountability
Office.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agency Preparation for Transitions
Act of 2024''.
SEC. 2. FEDERAL TRANSITION COORDINATOR.
(a) In General.--Section 4(c) of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended to read as follows:
``(c) Federal Transition Coordinator.--
``(1) Appointment.--The Administrator shall appoint an
employee of the General Services Administration who is a senior
career employee to the position of Federal Transition
Coordinator.
``(2) Duties of the federal transition coordinator.--A
Federal Transition Coordinator shall be responsible for--
``(A) carrying out the duties and authorities of
the Administrator relating to Presidential transitions
under this Act, or any other provision of law, except
for determining when a candidate shall be treated as an
apparent successful candidate under section 3(c);
``(B) serving as the Federal Transition Coordinator
with responsibility for coordinating transition
planning across agencies, including through the agency
transition directors council established under
subsection (e);
``(C) ensuring agencies comply with all statutory
requirements relating to transition planning and
reporting;
``(D) acting as a liaison to eligible candidates;
``(E) regularly providing updates to agencies not
included on the agency transition directors council
with information, including information on briefing
materials, key transition milestones, and succession
planning;
``(F) identifying best practices relating to
Presidential transitions for transition teams, Federal
agencies, and incumbent administrations;
``(G) providing guidance to agencies on how the
agencies should engage with and provide information to
apparent successful candidates, should there be
multiple apparent successful candidates, as described
in section 3(c)(2); and
``(H) identifying--
``(i) the most significant challenges for
Federal agencies that are posed by Presidential
transitions;
``(ii) ways to mitigate the risks
associated with such challenges during
subsequent Presidential transitions; and
``(iii) overall improvements to the
Presidential transition process.
``(3) Appointment of the federal transition coordinator.--
``(A) In general.--Not later than 2 years before
the date of each Presidential election, the
Administrator shall appoint a Federal Transition
Coordinator.
``(B) Non-election periods.--During any period
during which there is not an individual serving as
Federal Transition Coordinator pursuant to an
appointment in accordance with subparagraph (A), the
Administrator shall appoint a senior career employee to
carry out any transition responsibilities until the
appointment of the next Federal Transition Coordinator.
``(C) Reporting to congress.--As soon as
practicable, but not later than 30 days, after the
Administrator appoints a new Federal Transition
Coordinator, the Administrator shall report to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and
Accountability of the House of Representatives that the
Administrator has made the appointment.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prohibit the Administrator from revoking
an existing appointment of an individual serving as Federal
Transition Coordinator and appointing a new individual to serve
as the Federal Transition Coordinator.''.
(b) Rule of Construction Regarding Additional Duties.--Nothing in
the amendments made by this Act shall be construed to prevent an
employee serving as Federal Transition Coordinator from performing
duties in addition to duties relating to issues relating to
Presidential transitions.
(c) Conforming Amendment.--Section 3(c)(2)(B) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) is amended by striking
``Federal Transition Coordinator designated under'' and inserting
``Federal Transition Coordinator appointed under''.
SEC. 3. WHITE HOUSE TRANSITION COORDINATING COUNCIL.
(a) In General.--Section 4(d) of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended--
(1) in paragraph (1), by striking ``Not later than 6 months
before the date of a Presidential election,'' and all that
follows and inserting ``There is established a White House
transition coordinating council for the purposes of
facilitating the Presidential transition. The White House
transition coordinating council shall, at a minimum, meet and
perform the duties provided for in this Act.''; and
(2) by adding at the end the following:
``(5) Meeting frequency.--The White House transition
coordinating council shall meet--
``(A) as soon as practicable during a year during
which a Presidential election is being held, but not
later than the day before the first regular meeting of
the agency transition directors council under
subsection (e)(4)(B) during such year; and
``(B) to host an exercise described in paragraph
(2)(C) as soon as is practicable after the date on
which the Administrator determines that a candidate
shall be treated as the sole apparent successful
candidate for the office of the President, but not
later than the date on which the apparent successful
candidate for the office of President is
inaugurated.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date that is 30 days after the date of enactment of this
Act.
SEC. 4. MEMORANDUMS OF UNDERSTANDING.
(a) In General.--Section 4(g)(1) of the Presidential Transition Act
of 1963 (3 U.S.C. 102 note) is amended by striking ``shall include, at
a minimum,'' and all that follows and inserting the following: ``shall
include--
``(A) at a minimum--
``(i) the conditions of access to
employees, facilities, and documents of
agencies by transition staff;
``(ii) the conditions of access to
information and briefing material critical to
national security, which shall be established
in consultation with the relevant agencies;
``(iii) the conditions of access to any
interagency emergency preparedness and response
exercises under subsection (d)(2)(C); and
``(iv) the conditions of access to
information, services, and facilities
authorized to be provided in circumstances and
during time periods described in section 3(c);
and
``(B) a provision creating a mechanism for
expeditiously addressing any concerns raised by the
eligible candidate or the incumbent administration
regarding ethical, privacy, or privilege concerns
relating to access to the information of agencies,
briefing materials, or nonpublic information.''.
(b) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
(2) Applicability.--The amendments made by this section
shall apply--
(A) if this Act is enacted before August 1, 2024,
on and after the date that is 30 days after the date of
enactment of this Act; and
(B) if this Act is enacted on or after August 1,
2024, on and after January 21, 2025.
SEC. 5. FREQUENCY OF THE AGENCY TRANSITION DIRECTORS COUNCIL.
Section 4(e)(4)(B) of the Presidential Transition Act of 1963 (3
U.S.C. 102 note) is amended--
(1) by striking ``6 months'' and inserting ``270 days'';
and
(2) by striking ``inaugurated,'' and all that follows and
inserting the following: ``inaugurated, not less than once per
month, which shall include--
``(i) a meeting during the period beginning
on the day after the Presidential election and
ending 3 days after the date of the
Presidential election; and
``(ii) a meeting during the period
beginning 5 days after the date of the
Presidential election and ending 10 days after
the date of the Presidential election.''.
SEC. 6. DUTIES OF THE AGENCY TRANSITION DIRECTORS COUNCIL.
Section 4(e)(2) of the Presidential Transition Act of 1963 (3
U.S.C. 102 note) is amended--
(1) in subparagraph (B), by inserting ``, including
guidance and templates for providing briefing materials and
information both in digital and physical formats'' after
``candidates'';
(2) in subparagraph (C)--
(A) by striking ``November 1'' and inserting
``October 15''; and
(B) by inserting ``, which may be updated with
additional information as needed after October 15''
before the semicolon at the end;
(3) in subparagraph (D), by striking ``and'' at the end;
(4) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following:
``(F) plan for the possibility of engaging with and
providing information to apparent successful
candidates, should there be multiple apparent
successful candidates, as described in section 3(c)(2);
``(G) develop working groups as needed; and
``(H) after the inauguration as President of the
apparent successful candidate for the office of
President, work with the Federal Transition Coordinator
to identify lessons learned from the Presidential
transition.''.
SEC. 7. MEMBERSHIP OF AGENCY TRANSITION DIRECTORS COUNCIL.
(a) In General.--Section 4(e) of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by inserting ``, which
shall include not less than 1 senior career employee
who shall oversee transition responsibilities for the
Executive Office of the President, including the
production of relevant transition briefing materials
for eligible candidates from each office or component
of the Executive Office of the President'' after ``by
the President'';
(B) in subparagraph (C), by striking ``section
901(b)(1) of title 31, United States Code, the Office
of Personnel Management'' and inserting ``paragraph (1)
or (2) of section 901(b) of title 31, United States
Code, the Executive Office of the President, the Office
of Management and Budget''; and
(C) in subparagraph (D), by inserting ``, as
defined under section 3502 of title 44, United States
Code, that is'' after ``any other agency''; and
(2) by adding at the end the following:
``(5) Council for non-atdc agency transition directors.--
``(A) In general.--The Co-Chairpersons of the
agency transition directors council shall establish and
operate a council for small and independent agency
transition directors (referred to in this paragraph as
the `council').
``(B) Purpose.--The council shall serve as the
principle advisory body to the Co-Chairpersons of the
agency transition directors council relating to the
priorities, needs, and functions of the council, as
they relate to small and independent agencies.
``(C) Members.--The council shall be composed of--
``(i) the Agency Transition Directors
designated under subsection (f)(1)(A) from each
agency that does not have a representative who
is a member of the agency transition directors
council; and
``(ii) the Co-Chairpersons of the agency
transition directors council.
``(D) Co-chairpersons.--The Co-Chairpersons of the
agency transition directors council shall serve as co-
chairpersons of the council.
``(6) Lessons learned by omb.--After the inauguration as
President of the apparent successful candidate for the office
of President, the senior representative serving in a career
position in the Office of Management and Budget designated for
purposes of paragraph (3)(C) shall assist the Federal
Transition Coordinator by contributing any lessons learned by
the Office of Management and Budget from the Presidential
transition.''.
(b) Implementation for 2024 Election.--As soon as is practicable
after the date of enactment of this Act, the Director of the Office of
Management and Budget shall designate a senior representative serving
in a career position in the Office of Management and Budget to serve on
the agency transition directors council in accordance with paragraph
(3)(C) of section 4(e) of the Presidential Transition Act of 1963, as
amended by subsection (a) of this section.
SEC. 8. INTERIM AGENCY LEADERSHIP FOR TRANSITIONS.
(a) In General.--Section 4(f) of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margin accordingly;
(2) by inserting before subparagraph (A), as so
redesignated, the following:
``(1) Election years.--'';
(3) in paragraph (1)(A), as so designated--
(A) by striking ``6 months'' and inserting ``270
days''; and
(B) by striking ``to oversee and implement the
activities of the agency, component, or subcomponent
relating to the Presidential transition'' and inserting
``, who shall serve as the Agency Transition Director
for the agency, oversee and implement the activities of
the agency, component, or subcomponent relating to
Presidential transition, and provide support to the
Federal Transition Coordinator and the Administrator as
necessary for the completion of the reports required
under paragraphs (3) and (4) of subsection (j)''; and
(4) by adding at the end the following:
``(2) Oversight and implementation of transition in non-
election years.--
``(A) In general.--Not later than 1 year after the
date of each inauguration day--
``(i) the head of each agency which has a
representative who serves on the agency
transition directors council shall designate an
employee of the agency who is a senior career
employee to serve as the representative of the
agency at the annual meetings of the agency
transition directors council described in
subsection (e)(4)(A); and
``(ii) the head of each agency which does
not have a representative who serves on the
agency transition directors council shall
designate an employee of the agency who is a
senior career employee to oversee issues
relating to Presidential transitions.
``(B) Duties.--An employee designated by the head
of an agency under subparagraph (A) shall serve as the
official responsible for the transition operations of
the agency until the date on which the head of the
agency designates an employee as an Agency Transition
Director under paragraph (1)(A) with respect to the
next Presidential election.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to prohibit the head of an agency from
designating--
``(A) the individual who is serving as the Agency
Transition Director for the agency under paragraph
(1)(A) for purposes of paragraph (2)(A); or
``(B) the individual who the head designated for
purposes of paragraph (2)(A) as the Agency Transition
Director for the agency under paragraph (1)(A).''.
(b) Conforming Amendments.--Section 3(c)(2)(B) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) is amended--
(1) by striking ``the senior career employee of each
agency'' and inserting ``the Agency Transition Director of each
agency''; and
(2) by striking ``subsection (f)(1)'' and inserting
``subsection (f)(1)(A)''.
(c) Rule of Construction Regarding Additional Duties.--Nothing in
the amendments made by this Act shall be construed to prevent an
employee serving as an Agency Transition Director from performing
duties in addition to duties relating to issues relating to
Presidential transitions.
SEC. 9. REPORTS ON POLITICAL APPOINTEES APPOINTED TO NONPOLITICAL
PERMANENT POSITIONS.
Section 4(b) of the Edward ``Ted'' Kaufman and Michael Leavitt
Presidential Transitions Improvements Act of 2015 (5 U.S.C. 3101 note)
is amended by adding at the end the following:
``(3) Publication.--The Director of the Office of Personnel
Management shall make a version of each report required under
paragraph (1) and each report required under paragraph (2)
available to the public, which may exclude information in
accordance with subsection (c).''.
SEC. 10. REPORTS AND GUIDANCE BY TRANSITION OFFICIALS.
(a) In General.--Section 4 of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended--
(1) in subsection (i), in the subsection heading, by
inserting ``by the President'' after ``Reports''; and
(2) by adding at the end the following:
``(j) Other Reports Regarding Transitions.--
``(1) Definitions.--In this subsection--
``(A) the term `incoming administration' means the
apparent successful candidate for the office of
President, the apparent successful candidate for the
office of Vice President, a member of the transition
team, or any other employee or contractor of the
apparent successful candidate for the office of
President or the apparent successful candidate for the
office of Vice President who is performing duties
relating to the Presidential transition; and
``(B) the term `outgoing administration' means an
individual who, during the period beginning on the date
of a Presidential election and ending on the date of
the inauguration with respect to the Presidential
election (unless the individual serving as President on
the date of such Presidential election is inaugurated
as President at such inauguration), serves as the
President, the Vice President, or an officer or
employee in the executive branch of the Federal
Government.
``(2) Exercises.--Not later than November 1 of each year
during which a Presidential election is held, the White House
transition coordinating council shall submit to Congress a
report, which may contain a classified annex, on the plans of
the council for hosting exercises described in subsection
(d)(2)(C), which shall include a summary of--
``(A) the topics to be covered by the exercises;
``(B) scheduled dates for the exercises; and
``(C) plans for ensuring emergency preparedness
prior to a determination by the Administrator that a
single candidate for the office of President should be
treated as the sole apparent successful candidate in
accordance with section 3(c), including during any
period of multiple apparent successful candidates as
described in section 3(c)(2), if applicable.
``(3) GAO reports.--
``(A) In general.--Not later than 270 days after
the date of each inauguration day, the Comptroller
General of the United States, in consultation with the
agency transition directors council, shall submit to
the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the
Senate and the Committee on Oversight and
Accountability and the Committee on Appropriations of
the House of Representatives a report on the
Presidential transition process and make a version of
the report available to the public.
``(B) Contents.--A report under subparagraph (A)
shall include--
``(i) a review of the efficiency,
effectiveness, and security of activities
required in this Act of the outgoing
administration and the incoming administration,
including--
``(I) briefings of members of the
incoming administration by members of
the outgoing administration;
``(II) migration of technology
platforms;
``(III) information-sharing between
agencies or between the outgoing
administration and the incoming
administration; and
``(IV) the services and facilities
provided by the Administrator to
facilitate an efficient transfer of
power before and after the date of the
applicable Presidential election;
``(ii) the cost of the services and
facilities provided by the General Services
Administration, the National Archives and
Records Administration, the Office of
Government Ethics, the Office of Personnel
Management, and the Department of Justice to
facilitate an efficient transfer of power
before and after the date of the applicable
Presidential election;
``(iii) an assessment of the major
challenges and achievements of service-
providing agencies in the delivery of core
transition services to agencies, the outgoing
administration, and the incoming
administration;
``(iv) if the apparent successful candidate
for the office of President is not serving as
President on the date of the applicable
Presidential election, a description of any
known or reported delays in services provided
by any agency to the incoming administration;
and
``(v) recommendations, if any, for changes
to the Presidential transition process.
``(4) Lessons learned.--Not later than 180 days after each
inauguration day, the Federal Transition Coordinator shall
report to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Accountability of the House of Representatives regarding
lessons learned from the transition period and offer
recommendations for improvements to the Presidential transition
process, which shall include--
``(A) lessons learned by Agency Transition
Directors and the agency transition directors council
with respect to the transition operations of agencies;
and
``(B) recommendations, if any, for improvements to
the Presidential transition process.
``(k) Guidance on IT Management During the Transition.--
``(1) General guidance.--Not later than 1 year before the
date of each Presidential election, the Federal Transition
Coordinator, in consultation with the Secretary of Homeland
Security and the Administrator of the Office of Electronic
Government, shall make publicly available in a manner that is
accessible by any candidate for the office of President or
Vice-President information regarding information technology
management during the Presidential transition, including--
``(A) information technology management best
practices to protect against cyber threats;
``(B) a description of technology platforms that
will be provided by the Administrator to eligible
candidates, including at minimum--
``(i) email and video conferencing;
``(ii) file-sharing and document-sharing
software;
``(iii) personnel selection, vetting, and
documenting systems; and
``(iv) other technology required to
facilitate virtual briefings, meetings, and
other interactions between transition team
members and with Federal agencies; and
``(C) a description of what, if any, technology
platforms a candidate may be able to transition into
the incoming administration, should the candidate
become President.
``(2) Guidance for eligible candidates.--After the date
described in paragraph (1) and before inauguration day, the
Federal Transition Coordinator, in consultation with the
Secretary of Homeland Security and the Administrator of the
Office of Electronic Government, may provide additional
information regarding information technology management during
the Presidential transition to each eligible candidate.
``(3) Submission to congress.--The Federal Transition
Coordinator shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives
any information made publicly available or provided to an
eligible candidate under this subsection.''.
(b) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
(2) Applicability.--
(A) Exercises.--Subsection (j)(2) of section 4 of
the Presidential Transition Act of 1963, as added by
this section, shall apply--
(i) if this Act is enacted before October
1, 2024, with respect to the Presidential
election occurring on November 5, 2024, and
each Presidential election thereafter; or
(ii) if this Act is enacted on or after
October 1, 2024, with respect to the
Presidential election occurring on November 7,
2028, and each Presidential election
thereafter.
(B) Reporting.--Paragraphs (3) and (4) of
subsection (j) of section 4 of the Presidential
Transition Act of 1963, as added by this section, shall
apply with respect to the Presidential election
occurring on November 5, 2024, and each Presidential
election thereafter.
(C) Guidance.--Subsection (k) of section 4 of the
Presidential Transition Act of 1963, as added by this
section, shall apply with respect to the Presidential
election occurring on November 7, 2028, and each
Presidential election thereafter.
SEC. 11. TECHNICAL AMENDMENT.
Section 3(a)(8)(A)(ii)(III) of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended by striking ``from the'' and all
that follows and inserting ``from the Government Accountability
Office.''.
Calendar No. 733
118th CONGRESS
2d Session
S. 3654
[Report No. 118-313]
_______________________________________________________________________
A BILL
To amend the Presidential Transition Act of 1963 to require the timely
appointment of agency transition officials, to ensure adequate
performance and oversight of required transition-related preparation,
to require new guidance for agencies and possible transition teams, and
for other purposes.
_______________________________________________________________________
December 19 (legislative day, December 16), 2024
Reported with an amendment