[Senate Report 114-94]
[From the U.S. Government Publishing Office]
114th Congress } { Report
1st Session } SENATE { 114-94
_______________________________________________________________________
Calendar No. 166
PRESIDENTIAL TRANSITIONS IMPROVEMENTS ACT OF 2015
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 1172
TO IMPROVE THE PROCESS OF PRESIDENTIAL TRANSITION
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 27, 2015.--Ordered to be printed
____________
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 PDF WASHINGTON: 2015
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Keith B. Ashdown, Staff Director
Christopher R. Hixon, Chief Counsel
Patrick J. Bailey, Chief Counsel for Governmental Affairs
Gabrielle D'Adamo Singer, Deputy Chief Counsel for Governmental Affairs
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Deirdre G. Armstrong, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 166
114th Congress
SENATE
Report
1st Session 114-94
======================================================================
PRESIDENTIAL TRANSITIONS IMPROVEMENTS ACT OF 2015
_______
July 27, 2015.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1172]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1172) to improve
the process of presidential transition, having considered the
same, reports favorably thereon with amendments and recommends
that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................5
IV. Section-by-Section Analysis......................................6
V. Evaluation of Regulatory Impact..................................8
VI. Congressional Budget Office Cost Estimate........................8
VII. Changes in Existing Law Made by the Bill, as Reported............9
I. Purpose and Summary
S. 1172, the Edward ``Ted'' Kaufman and Michael Leavitt
Presidential Transitions Improvements Act of 2015, seeks to
improve the process of presidential transitions. Under existing
law, the transfer of power from one administration to the next
is aided by the General Services Administration (GSA), which
provides transition planning support to major presidential
candidates and, following a presidential election, provides the
president-elect and vice-president-elect the services and
facilities needed to assume their official duties. S. 1172
would ensure that a senior-level and White House-led inter-
agency transition council is in place at least six months
before Election Day, and that a standing, working-level inter-
agency group will develop an integrated strategy for
transitions. The bill also clarifies the transition duties of
the GSA and expands training available to incoming presidential
appointees.
II. Background and the Need for Legislation
The peaceful transfer of executive power from one president
to another is a hallmark of American democracy. Careful
planning for a presidential transition ensures that a
president-elect is ready to govern on the first day of a new
administration and prevents disruptions that can create
vulnerabilities to the nation's security.
Concerns over the need for a smooth transition first led
Congress to address this issue during the Cold War by enacting
the Presidential Transition Act of 1963.\1\ The purpose of the
legislation was to ``promote the orderly transfer of executive
power'' during presidential transitions and ``prevent results
detrimental to the safety and well-being of the United States
and its people.''\2\ Before 1963, most expenses for
presidential transitions were borne by the president-elect, the
winning party, and volunteers.\3\ The Presidential Transition
Act altered this model by directing the GSA to provide
services, including office space and other facilities for the
incoming transition team, the employment of transition staff,
and the arrangement of staff from other agencies to assist in
the transition.\4\
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\1\Pub. L. No. 88-277, 78 Stat. 153 (1964) (codified at 3 U.S.C.
Sec. 102 (note).
\2\Id.
\3\U.S. President's Commission on Campaign Costs, Financing
Presidential Campaigns, 23-24 (U.S. Gov't Printing Office, 1962).
\4\3 U.S.C. Sec. 102 (note).
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Subsequent legislation has updated and expanded the
Presidential Transition Act. The Presidential Transition
Effectiveness Act of 1988 increased the authorized
appropriations to the GSA Administrator to provide services and
facilities for the transition and to incoming and outgoing
administrations; required that a specified amount of money be
returned to the Treasury if the former vice president becomes
the president-elect; and added several reporting requirements,
including the disclosure of all transition personnel and the
disclosure of all private money received for use during the
transition.\5\
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\5\Pub. L. No. 100-398.
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The Presidential Transition Act of 2000 amended the law
further to provide for additional appointee orientation and
human resources support for the incoming administration.\6\ The
Intelligence Reform and Terrorism Prevention Act of 2004
(IRTPA), enacted in response to the recommendations of the 9/11
Commission,\7\ also amended the Presidential Transition Act,
providing that a president-elect should submit the names of
candidates for high-level national security positions, and the
appropriate agencies should conduct necessary background
investigations of these individuals, as soon as possible after
the presidential election.\8\ In addition, IRTPA allowed major
party nominees to request security clearances for members of
their transition team with a need for access to classified
information and directed that background investigations for
these individuals be completed, to the fullest extent
practicable, by the day after the general election.\9\
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\6\Pub. L. No. 106-293.
\7\National Commission on Terrorist Attacks upon the United States,
The 9/11 Commission Report, 422-23 (2004), available at http://www.9-
11commission.gov/report/911Report.pdf.
\8\Pub. L. No. 108-458 Sec. 7601(a), codified at 3 U.S.C. Sec. 102
(note, subsection (f)).
\9\Pub. L. No. 108-458 Sec. 7601(c), codified at 50 U.S.C.
Sec. 435b (note).
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In 2010, recognizing a growing need for transition
activities to start well before the day of a presidential
election, the Committee reported the Pre-Election Presidential
Transition Act of 2010 (``the 2010 Act''), which was then
passed by both the Senate and the House of Representatives and
signed into law on October 15, 2010.\10\ Building on best
practices from past transitions, the bill authorized the
creation of a transition coordinating council composed of high-
level executive branch officials selected by the president. The
2010 Act also authorized the establishment of an agency-level
transition director's council for career employees designated
to lead transition efforts in their agencies. In addition, to
move the transition planning calendar back, the 2010 Act
authorized GSA to provide transition planning support to major
party nominees or major third-party candidates following the
candidates' nomination.\11\
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\10\Pub. L. No. 111-283.
\11\Id.
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In the report accompanying the Pre-Election Presidential
Transition Act of 2010, the Committee stated:
The post-September 11 security environment has made
the old transition model obsolete. Numerous challenges
now necessitate earlier planning and closer cooperation
between incoming and outgoing administrations; the
period between Election Day and the inauguration of a
new president simply provides too short a timeframe for
an incoming administration to do everything it needs to
prepare for taking office. The selection process for
incoming senior administration officials, many of whom
require extensive security clearance background checks,
for example, can be long and cumbersome. The Pre-
Election Presidential Transition Act seeks to mitigate
the risks inherent in the transfer of power and
encourage early transition planning by providing
resources and educating the campaigns, the press, and
the public on the importance of early transition
activities.\12\
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\12\S. Rep. No. 111-239 at 3 (2010).
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Presidential Transitions Improvements Act of 2015
The challenges and risks identified by the Committee in
passing the Pre-Election Presidential Transition Act of 2010
have only increased since 2010. Drawing from reviews of past
transitions, including the Partnership for Public Service's
Ready to Govern report\13\ and the Retrospective & Lessons
Learned report of Governor Mitt Romney's transition team,\14\
the Presidential Transitions Improvements Act of 2015 will
strengthen the transition planning of the multiple parties
whose active involvement is necessary for a successful
transition: the incumbent president, major candidates, the
president and vice-president-elect, senior career officials
across the government, and the transition support team at GSA.
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\13\Partnership for Public Service, Ready to Govern: Improving the
Presidential Transition (Jan. 2010) (hereinafter Ready to Govern),
available at http://ourpublicservice.org/issues/develop-leaders/ready-
to-govern.php.
\14\Christopher Liddell, Daniel Kroese & Clark Campbell, Romney
Readiness Project 2012: Retrospective & Lessons Learned, (R2P Inc.,
2013).
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Inter-Agency transition planning
The bill institutionalizes and strengthens several of the
processes that have been effective in past transitions,
including the high-level and career-level working groups that
were authorized--but not mandated--by the 2010 Act.\15\ The
bill requires that the high-level, interagency transition
coordinating council, chaired by a senior White House official
chosen by the president, be established at least six months
before Election Day. This will ensure that incumbent
administrations take an early, organized approach to transition
planning. The bill also requires the creation of an Agency
Transition Directors Council, composed of senior
representatives from major agencies and other agencies with
significant responsibilities for transition activities. This
council will ensure that there is strong career-level
transition leadership, which will provide continuity at a time
when significant numbers of political appointees are departing.
The Committee also encourages both the White House Transition
Coordinating Council and the Agency Transition Directors
Council, consistent with practice of similar councils in the
past, to seek participation by non-governmental groups with
expertise in transitions.
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\15\The councils authorized by the 2010 Act were modeled on
previous councils created by executive action. See e.g., ``Facilitation
of a Presidential Transition,'' Exec. Order No. 13176, 65 Fed. Reg. 71,
233 (Nov. 27, 2000) and ``Facilitation of a Presidential Transition,''
Exec. Order No. 13476, 73 Fed. Reg. 60, 605 (Oct. 9, 2008).
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The bill also codifies and strengthens the role that GSA
has long played in inter-agency transition planning by
requiring the Administrator of GSA to designate a senior career
appointee to carry out the duties and authorities of GSA
relating to presidential transitions under this bill or any
other provision of law. The bill designates this person the
``Federal Transition Coordinator,'' with responsibility for
coordinating transition planning, chairing the Agency
Transition Directors Council, and serving as a liaison to
eligible presidential candidates. Recognizing the length of
modern transitions, the bill also extends the ability of GSA to
offer transition services from 30 days after Inauguration Day
to 180 days after Inauguration Day.
Agency transition planning
While an incumbent White House leads a transition, much of
the day-to-day transition work occurs at the agency level. To
ensure that agencies plan adequately for transitions, the bill
requires that, not later than six months before Election Day,
the head of each agency will designate a senior career employee
of each major component and subcomponent of the agency to
oversee transition activities. Also, the bill requires that,
not later than September 15 of a presidential election year,
the head of the agency will designate a qualified career
employee to serve in an acting capacity during the transition
for each critical non-career position in an agency.
Cooperation between incumbent administration and major candidates
Early, effective communication and cooperation between an
incumbent administration and major presidential candidates is
essential for effective transitions. Therefore, the bill
provides that a transition representative from each major
candidate will also serve, in an advisory capacity, on both the
White House Transition Coordinating Council and the Agency
Transition Directors Council. The bill also requires, to the
greatest extent practicable, the negotiation of memorandums of
understanding between the incumbent administration and the
transition teams of major candidates to be completed not later
than November 1 of a presidential election year. The
memorandums of understanding will be based on those from past
transitions as much as possible.
Training of incoming appointees
Many appointees coming into an administration have
extensive policy experience but are new to federal service.
Training helps prepare these appointees so that they are better
equipped to carry out their duties in the unique environment of
the federal government. The bill provides that training may be
offered to appointees to key positions in federal agencies (in
addition to the training already offered under the Presidential
Transition Act to heads of departments and senior officials of
the Executive Office of the President). The bill also ensures
that training will be available to incoming key appointees in
the case of a president who is re-elected, and to key
appointees throughout a president's administration, and not
just at the beginning of a term in office. This training,
combined with other actions that an incumbent administration
may already take, such as providing ethics guidance to
transition teams, will help improve the management skills of
incoming appointees.
National Archives presidential transition
The National Archives and Records Administration (NARA)
also plays a key role in transitions by helping the outgoing
administration prepare files and documents for archiving. The
bill provides for better transition planning at NARA by
allowing for inclusion, in the budget request for NARA for the
fiscal year in which an incumbent president's first term would
expire, estimated costs of NARA's Presidential transition
activities.
Conclusion
The success of a transition in large part depends on the
expectations set by the incumbent president and the initiatives
of the major candidates and president-elect. For example, the
climate of cooperation and professionalism, combined with
thorough transition planning, during the transition between
President George W. Bush and then President-elect Barack Obama,
led to what has been characterized as one of the most seamless
transitions in modern history.\16\ S. 1172 would provide
significant additional authorities and processes for
strengthening transition planning, and will provide a strong
endorsement from Congress of highly organized transitions that
start well before Election Day.
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\16\See, e.g., Ready to Govern, pp. i, 3.
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III. Legislative History
The Edward ``Ted'' Kaufman and Michael Leavitt Presidential
Transitions Improvements Act of 2015, S. 1172, was introduced
April 30, 2015, by Senators Tom Carper (D-De.), and RonJohnson
(R-Wi.). The bill was referred to the Committee on Homeland Security
and Governmental Affairs.
The Committee considered S. 1172 at a business meeting on
May 6, 2015. During the business meeting, three amendments were
adopted. Senator Johnson's first amendment requires the Office
of Personnel and Management (OPM) to report the number, names,
titles, and pay of all political appointees who have been
converted to career positions to the Committee on Oversight &
Government Reform (OGR) and the Homeland Security and
Governmental Affairs Committee (HSGAC) on a quarterly basis.
Senator Johnson's second amendment requires the Government
Accountability Office (GAO) to study and report on regulations
promulgated near the end of presidential terms. Senator Ben
Sasse's amendment requires the Secretary of Homeland Security
to conduct an analysis of national security threats related to
terrorism and border security vulnerabilities during a
presidential transition, and report to Congress. The three
amendments were adopted by voice vote en bloc with Senators
Johnson, McCain, Portman, Lankford, Ernst, Sasse, Carper,
McCaskill, Baldwin, Heitkamp, and Peters present.
Also during the business meeting, Senator Carper asked for
and received unanimous consent to change the short title of the
bill to the ``Edward `Ted' Kaufman and Michael Leavitt
Presidential Transitions Improvements Act of 2015.''\17\
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\17\Senator Kaufman was the sponsor of the Pre-Election
Presidential Transition Act of 2010; Governor Leavitt led Governor
Romney's transition team in 2012.
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The Committee ordered the bill, as amended, reported
favorably by voice vote en bloc on May 6, 2015. Senators
present for the vote on the bill were Senators Johnson, McCain,
Portman, Lankford, Ernst, Sasse, Carper, McCaskill, Baldwin,
Heitkamp, and Peters.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Edward `Ted' Kaufman and Michael Leavitt Presidential
Transitions Improvements Act of 2015.''
Section 2. Presidential transition improvements
This section amends the Presidential Transition Act of 1963
to provide that the Administrator of the GSA shall designate a
senior career appointee to carry out the duties and authorities
of GSA relating to presidential transitions under this bill or
any other provision of law, to serve as the Federal Transition
Coordinator with responsibility for coordinating transition
planning, to ensure that agencies comply with all statutory
requirements relating to transition planning and reporting, and
to serve as a liaison to eligible presidential candidates.
This section also strengthens the White House-led
interagency transition coordinating council that was authorized
by the Pre-Election Presidential Transition Act of 2010 by
requiring that the council (re-named the White House Transition
Coordinating Council) be established not later than six months
before Election Day. This council is responsible for providing
guidance to agencies and the Federal Transition Coordinator,
facilitating information sharing and communication between
eligible candidates and senior officials in the White House and
in federal agencies, and conducting inter-agency emergency
preparedness and response exercises.
In addition, this section establishes a working-level
Agency Transition Directors Council, that will be chaired by
the Federal Transition Coordinator and will also include senior
representatives from major agencies and other agencies with
significant responsibilities for transition activities. A
transition representative from each major candidate will also
serve on the White House Transition Coordinating Council and
the Agency Transition Directors Council in an advisory
capacity. The Agency Transition Directors Council will assist
in developing an integrated government-wide transition strategy
and will ensure that briefing materials that may be requested
by eligible candidates are prepared not later than November 1
in a presidential election year.
To ensure that agencies plan adequately for transitions,
this section also requires that not later than six months
before Election Day, the head of each agency shall designate a
senior career employee of each major component and subcomponent
of the agency to oversee transition activities. Also, not later
than September 15 of a presidential election year, for each
critical non-career position in an agency, the head of the
agency shall designate a qualified career employee to serve in
an acting capacity during the transition.
This section also requires, to the greatest extent
practicable, the negotiation of memorandums of understanding
between the incumbent administration (acting through the
Federal Transition Coordinator) and the transition teams of
major candidates, not later than November 1 of a presidential
election year. To the greatest extent practicable, the
memorandums of understanding shall be based on those from past
transitions.
This section clarifies that GSA may provide human resource
management support as part of its transition services, and also
clarifies that, in the event of a contested or undetermined
election outcome, GSA can continue to provide services to the
presidential contenders until the outcome of the election is
determined. The bill also extends the ability of GSA to offer
transition services from 30 days after Inauguration Day to 180
days after Inauguration Day.
The Presidential Transition Act currently allows resources
appropriated under the Act to be used for training of
department heads and key positions in the Executive Office of
the President. This section amends that provision to also allow
training of appointees to key positions in federal agencies.
This section also ensures that training is available to
incoming key appointees in the case of a president who is re-
elected, and provides that training can be offered to key
appointees throughout a president's administration, and not
just at the beginning of a term in office.
To keep Congress apprised of transition activities, this
section also requires the submission of reports on those
activities, through the Federal Transition Coordinator, to
HSGAC and OGR six months and again three months before Election
Day.
Section 3. National Archives presidential transition
This section amends the Presidential Records Act to allow
the National Archives and Records Administration (NARA) to
include estimates of NARA's presidential activities in the
budget submission for the fiscal year in which an incumbent
president's first term would expire.
Section 4. Reports on political appointees appointed to nonpolitical
permanent positions
This section requires OPM to submit to HSGAC and OGR
quarterly reports regarding requests by agencies to appoint
political appointees or former political appointees to
nonpolitical civil service positions. These reports are
required to include details on both the political and civil
service positions related to each request and whether OPM
approved or denied the request.
Section 5. Report on regulations promulgated near the end of
presidential terms.
This section requires GAO to produce a report regarding
regulations promulgated during the last 120-day period of
presidential administrations ending in 1993, 2001, 2009 and
2017.
Section 6. Analysis of threats and vulnerabilities
This section requires the Secretary of Homeland Security to
submit to Congress, by not later than February 15, 2016, a
report analyzing the threats and vulnerabilities facing the
United States during a presidential transition. The report
shall identify and discuss vulnerabilities related to border
security and threats related to terrorism, including from
weapons of mass destruction; shall identify steps being taken
to address the threats and vulnerabilities during a
presidential transition; and may include recommendations for
actions by components and agencies within the Department of
Homeland Security.
V. Evaluation of Regulatory Impact
Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate the Committee has
considered the regulatory impact of this bill. The legislation
will not result in additional regulation, increased economic
impact, adverse impact on personal privacy, or additional
paperwork on any individuals or businesses. The Congressional
Budget Office confirmed that S. 1172 contains no
intergovernmental or private-sector mandates as defined in
Unfunded Mandates Reform Act.
VI. Congressional Budget Office Cost Estimate
June 16, 2015.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1172, the Edward
``Ted'' Kaufman and Michael Leavitt Presidential Transitions
Improvements Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall.
Enclosure.
S. 1172--Edward ``Ted'' Kaufman and Michael Leavitt Presidential
Transitions Improvements Act of 2015
S. 1172 would amend federal law to codify the process of
transitioning from one presidential administration to another.
The bill would establish councils of federal employees to
oversee and coordinate transition activities within the White
House and across all federal agencies. The bill also would
require each agency to appoint staff to manage internal
transition activities. Finally, S. 1172 would extend the period
of time during which the General Services Administration can
spend funds on services and facilities for the incoming
administration after the inauguration.
According to major government agencies and non-profit
organizations involved with previous presidential transitions,
most of the provisions of the legislation would require
agencies to implement practices that are typically put into
place immediately preceding and following a presidential
election. Therefore, CBO estimates that implementing this
legislation would cost less than $500,000 over the next five
years. Because enacting S. 1172 would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
S. 1172 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contacts for this estimate are Matthew
Pickford and Ben Christopher. The estimate was approved by H.
Samuel Papenfuss, Deputy Assistant Director for Budget
Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
TITLE 3--THE PRESIDENT
* * * * * * *
CHAPTER 2--OFFICE AND COMPENSATION OF PRESIDENT
* * * * * * *
THE PRESIDENTIAL TRANSITION ACT OF 1963
* * * * * * *
SEC. 3. SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO
PRESIDENTS-ELECT AND VICE-PRESIDENTS-ELECT.
(a) * * *
(1) * * *
* * * * * * *
(4) * * *
(A) * * *
(B) When requested by the President-elect or
Vice-President-elect or their designee, and
approved by the President, Government aircraft
may be provided for transition purposes on a
reimbursable basis; when requested by the
President-elect, the Vice-President-elect, or
the designee of the President-elect or Vice-
President-elect, aircraft may be chartered for
transition purposes; and any collections from
the Secret Service, press, or others occupying
space on chartered aircraft shall be deposited
to the credit of the appropriations made under
[section 6] section 7 of this Act.
* * * * * * *
(8) * * *
(A) * * *
(i) Not withstanding subsection (b),
payment of expenses during the
transition and during the term of a
President for briefings, workshops, or
other activities to acquaint key
prospective Presidential appointees
with the types of problems and
challenges that most typically confront
new political appointees when they make
the transition from campaign and other
prior activities to assuming the
responsibility for governance [after
inauguration].
* * * * * * *
(B) Activities under this paragraph shall be
conducted primarily for individuals the
President-elect or eligible candidate (as
defined in subsection (h)(4)) for President
intends to nominate as department heads or
appoint to key positions in the Executive
Office of the President or Executive agencies
(as defined in section 105 of title 5, United
States Code).
* * * * * * *
(10) Notwithstanding subsection (b), consultation by
the Administrator with any President-elect, Vice-
President-elect, or eligible candidate (as defined in
subsection (h)(4)) to develop a systems architecture
plan for the computer and communications systems of the
candidate to coordinate a transition to Federal systems
if the candidate is elected 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.
(b) The Administrator may not expend funds for the
provision of services and facilities under [section 3 of this
Act] this section in connection with any obligations incurred
by the President-elect or Vice-President-elect--
(1) * * *
(2) after [30 days] 180 days after the date of the
inauguration of the President-elect as President and
the inauguration of the Vice-President-elect as Vice
President.
* * * * * * *
(g) In the case where the President-elect is the incumbent
President or in the case where the Vice-President-elect is the
incumbent Vice President, except for activities under
subsection (a)(8)(A), there shall be no expenditures of funds
for the provision of services and facilities to such incumbent
under this Act, and any funds appropriated for such purposes
shall be returned to the general funds of the Treasury.
(h) * * *
(1) * * *
(2) * * *
(A) * * *
(B) * * *
(C) * * *
(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.
(3) * * *
(A) * * *
(B) * * *
(i) * * *
(ii) * * *
(iii) An eligible candidate
establishing a separate fund under
subparagraph (A) shall (as a condition
for receiving services and facilities
described in paragraph (2)) comply with
all requirements and limitations of
[section 5] section 6 in soliciting or
expending amounts in the same manner as
the President-elect or Vice-President-
elect, including reporting on the
transfer and expenditure of amounts
described in subparagraph (B)(i) in the
disclosures required by [section 5]
section 6.
* * * * * * *
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,
such 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 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 non-
career 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 related 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 State Code, for each non-career
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 of 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.
[SEC. 4] SEC. 5. SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO
FORMER PRESIDENTS AND FORMER VICE PRESIDENTS.
* * * * * * *
[SEC. 5] SEC. 6. DISCLOSURES OF FINANCING AND PERSONNEL; LIMITATION ON
ACCEPTANCE OF DONATIONS.
(a) * * *
(1) The President-elect and Vice-President-elect (as
a condition for receiving services under section 3 and
for funds provided under [section 6(a)(1)] section
7(a)(1)) shall disclose to the Administrator the date
of contribution, source, amount, and expenditure
thereof of all money, other than funds from the Federal
Government, and including currency of the United States
and of any foreign nation, checks, money orders, or any
other negotiable instruments payable on demand,
received either before or after the date of the general
elections for use in the preparation of the President-
elect or Vice-President-elect for the assumption of
official duties as President or Vice President.
(2) * * *
(3) * * *
(b) * * *
(1) The President-Elect and Vice-President-elect (as
a condition for receiving services provided under
section 3 and funds provided under [section 6(a)(1)]
section 7(a)(1)) shall be made available to the
public--
(A) * * *
(B) * * *
(2) * * *
(c) The President-elect and Vice-President-elect (as a
condition for receiving services under section 3 and for funds
provided under [section 6(a)(1)] section 7(a)(1)) shall not
accept more than $5,000 from any person, organization, or other
entity for purposes of carrying out activities authorized by
this Act.
* * * * * * *
[SEC. 6] SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
(1) * * *
(2) not more than $1,500,000 may be appropriated for
the purposes of providing services and facilities to
the former president and former Vice President under
[section 4] section 5, except that any amount
appropriated pursuant to this paragraph in excess of
$1,250,000 shall be returned to the general fund of the
Treasury in the case where the former Vice President is
the incumbent President.
(b) * * *
TITLE 5--GOVERNMENT ORGANIZATIONS AND EMPLOYEES
* * * * * * *
Part III--EMPLOYEES
* * * * * * *
SUBPART G--INSURANCE AND ANNUITIES
* * * * * * *
SEC. 8331. DEFINITIONS.
For the purpose of this subchapter--
(1) ``employee'' means--
(A) * * *
* * * * * * *
(K) an individual appointed to a position on
the office staff of a former President, or a
former Vice President under [section 4] section
5 of the Presidential Transition Act of 1963,
as amended (78 Stat. 153), who immediately
before the date of such appointment was an
employee as defined under any other
subparagraph of this paragraph; and
* * * * * * *
SEC. 8701. DEFINITIONS.
(a) For the purpose of this chapter, ``employee'' means--
(1) * * *
* * * * * * *
(10) an individual appointed to a position on the
office of a former President, or a former Vice
President under [section 4] section 5 of the
Presidential Transition Act of 1963, as amended (78
Stat. 153), who immediately before the date of such
appointment was an employee as defined under any other
paragraph of this subsection
* * * * * * *
SEC. 8901. DEFINITIONS.
For the purpose of this chapter--
(1) ``employee'' means--
(A) * * *
* * * * * * *
(I) an individual appointed to a position on
the office staff of a former President, or
former Vice President under [section 4] section
5 of the Presidential Transition Act of 1963,
as amended (78 Stat. 153), who immediately
before the date of such appointment was an
employee as defined under any other
subparagraph of this paragraph; and
* * * * * * *
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
* * * * * * *
CHAPTER 22--PRESIDENTIAL RECORDS
* * * * * * *
SEC. 2203. MANAGEMENT AND CUSTODY OF PRESIDENTIAL RECORDS.
(a) * * *
* * * * * * *
(g) * * *
(1) * * *
(2) * * *
(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.
[3](4) The Archivist is authorized to dispose of such
Presidential records which the Archivist has appraised
and determined to have insufficient administrative,
historical, informational, or evidentiary value to
warrant their continued preservation. Notice of such
disposal shall be published in the Federal Register at
least 60 days in advance of the proposed disposal date.
Publication of such notice shall constitute a final
agency action for purposes of review under chapter 7 of
title 5, United States Code.
* * * * * * *
[all]