[Senate Report 118-313]
[From the U.S. Government Publishing Office]
Calendar No. 733
118th Congress } { Report
SENATE
2d Session } { 118-313
_______________________________________________________________________
AGENCY PREPARATION FOR TRANSITIONS ACT OF 2024
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3654
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
ADAM SCHIFF, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
Carter A. Hirschhorn, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 733
118th Congress } { Report
SENATE
2d Session } { 118-313
======================================================================
AGENCY PREPARATION FOR TRANSITIONS ACT OF 2024
_______
December 17 (legislative day, December 16), 2024.--Ordered to be
printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3654]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3654) 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, having considered the
same, reports favorably thereon with an amendment in the nature
of a substitute 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.............................................. 4
IV. Section-by-Section Analysis of the Bill, as Reported............. 5
V. Evaluation of Regulatory Impact.................................. 7
VI. Congressional Budget Office Cost Estimate........................ 8
VII. Changes in Existing Law Made by the Bill, as Reported............ 8
I. Purpose and Summary
S. 3654, the Agency Preparation for Transitions Act of
2024, would improve coordination and access to timely
information, guidance, and services for federal officials who
are required to prepare for transitions during a presidential
election year. The legislation would require the timely
appointment of agency transition officials, mandate regular
meetings of agency and White House transition councils, and
require agency briefing materials to be prepared on a faster
timeline than under current law. The bill would also create new
guidance and requirements for transition stakeholders,
including presidential transition teams, federal agencies, and
incumbent administrations.
II. Background and Need for the Legislation
The Agency Preparation for Transitions Act of 2024 would
codify past practices from presidential transitions and
increase the minimum level of transition planning for federal
agencies, the incumbent administration, presidential
candidates, and incoming transition teams. Since the
Presidential Transition Act was first enacted in 1963, Congress
has passed bipartisan amendments to that law seven times,
including prior to the 2016 presidential election, prior to the
2020 presidential election, and in 2022.\1\ Amendments to the
Presidential Transition Act have responded to the growing
complexities in government operations and the expanding
national security risks during the transfer of power between
administrations.\2\ Changes to the law have ensured that
transition planning starts earlier in an election year,
involves more agencies across government, and requires
cooperation from the incumbent President.\3\ Improved
transition planning has helped mitigate national security risks
that can occur during this vulnerable period. For example, the
9/11 Commission, the bipartisan commission investigating the
September 11, 2001 attacks on the United States, found that the
delayed 2000 transition hampered national security appointments
and recommended reforms to minimize disruptions for national
security policymaking.\4\ In 2004, Congress responded to these
findings by passing the Intelligence Reform and Terrorism
Prevention Act of 2004, to help prevent any delays in securing
key national security positions in a new administration.\5\
---------------------------------------------------------------------------
\1\General Services Administration, Governmentwide Initiatives/
Presidential Transition 2024/External transition resources/Guiding
legislation (https://www.gsa.gov/governmentwide-
initiatives/presidential-transition-2024/external-transition-resource)
(accessed Dec. 12, 2024); Congressional Research Service, Presidential
Transition Act: Provisions and Funding (R46602) (May 22, 2024).
\2\White House Transition Project, Center for the Study of the
Presidency and Congress, Joseph Biden's Effective Presidential
Transition: ``Started Early, Went Big'' (Sept. 2021) (https://
www.whitehousetransitionproject.org/wp-content/uploads/2021/08/Kumar-
BTransition-Start-Early-Go-Big.pdf); Congressional Research Service,
Presidential Transition Act: Provisions and Funding (R46602) (May 22,
2024).
\3\Id.; General Services Administration, Governmentwide
Initiatives/Presidential Transition 2024/External transition resources/
Guiding legislation (https://www.gsa.gov/governmentwide-initiatives/
presidential-transition-2024/external-transition-resource).
\4\The 9/11 Commission, The 911 Commission Report (Nov. 27, 2002);
Alex Tippett, What the 9/11 Commission Found: Slow Confirmations
Imperil U.S. National Security, Partnership for Public Service's Center
for Presidential Transition (blog) (Dec. 12, 2020) (https://
presidentialtransition.org/what-the-9-11-commission-found-slow-
confirmations-imperil-u-s-
national-security/).
\5\President Signs Intelligence Reform and Terrorism Prevention
Act, The White House, President George W. Bush (Dec. 17, 2004) (https:/
/georgewbush-whitehouse.archives.gov/news/
releases/2004/12/20041217-1.html).
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The Agency Preparation for Transitions Act of 2024 would
build on this history of transition improvements, including by
codifying past practices from transitions for the government
transition councils and coordinators, like the Federal
Transition Coordinator (FTC), the Agency Transition Directors
Council (ATDC), and the White House Transition Coordinating
Council (WHTCC). The FTC is the career official at the General
Services Administration (GSA) who is in charge of coordinating
transition activities for federal agencies and the transition
teams of eligible candidates.\6\ The ATDC is the council
helping agency transition leaders navigate through the
transition process, and the WHTCC is a group of employees
generally in the Executive Office of the President, who help
guide agencies on transition work and drive communication
between the outgoing administration and transition teams.\7\
---------------------------------------------------------------------------
\6\Partnership for Public Service, Presidential Transition Guide: A
Comprehensive Guide to the Activities Required During the Transition
(Fifth Edition) (2023) (https://presidentialtransition.org/wp-content/
uploads/sites/6/2023/11/2023-Presidential-Transition-Guide.pdf)
(hereinafter Presidential Transition Guide).
\7\General Services Administration, Governmentwide Initiatives/
Presidential Transition 2024/Councils (https://www.gsa.gov/
governmentwide-initiatives/presidential-transition-2024/external-
transition-resource); Presidential Transition Guide.
---------------------------------------------------------------------------
Currently the Presidential Transition Act does not specify
when GSA should appoint an FTC or how often the key transition
coordinating councils should convene. This bill would require
GSA to appoint the FTC two years before Election Day, and
require the ATDC to meet at least monthly, starting nine months
before Election Day (as opposed to ``regularly'' and starting
six months before Election Day, as specified in current law).
These timelines would match past agency practices. This bill
would also codify existing past practices carried out by GSA
and prior FTCs. For example, the legislation would require the
FTC to provide transition guidance to agencies not included in
the ATDC, a practice that GSA currently follows.\8\ This
provision would help ensure that all agencies have appropriate
transition support.
---------------------------------------------------------------------------
\8\White House Transition Project, Center for the Study of the
Presidency and Congress, Joseph Biden's Effective Presidential
Transition: ``Started Early, Went Big'' (Sept. 2021) (https://
www.whitehousetransitionproject.org/wp-content/uploads/2021/08/Kumar-
BTransition-Start-Early-Go-Big.pdf); Partnership for Public Service,
The 2020-2021 Presidential Transition: Lessons Learned and
Recommendations (2022) (https://presidentialtransition.org/reports-
publications/2020-21-lessons-learned/).
---------------------------------------------------------------------------
The Agency Preparation for Transitions Act of 2024 would
update existing transition requirements, to mitigate transition
delays, even during periods in which the election outcome might
be delayed. This legislation would ensure that both the
candidates and the incumbent administration agree to conditions
of access to critical information during different election
scenarios.
The Agency Preparation for Transitions Act of 2024 would
also create new reporting requirements for GSA, the WHTCC, and
the Government Accountability Office (GAO), to increase the
transparency and ensure security of the presidential transition
process.\9\ For example, while the Presidential Transition Act
requires the WHTCC to ``prepare and host interagency emergency
preparedness and response exercises,'' Congress has limited
oversight of this process. The WHTCC reports neither the
information covered in these exercises, nor the dates that they
occur. This legislation would require the WHTCC to provide
Congress with details about this critical transition function.
Currently, the Presidential Transition Act also does not
require any post-transition reporting on successes and
challenges that agencies experience during a presidential
transition process. This legislation would require GAO, after
Inauguration Day, to review the efficiency and effectiveness of
the transition process and recommend any necessary
improvements. While GAO conducted a similar report in 2017,
this report is not required by law.\10\ This bill would also
require GSA to report to Congress on key lessons learned from
facilitating the agency transition process.
---------------------------------------------------------------------------
\9\Id.
\10\Government Accountability Office, Presidential Transition:
Information on Ethics, Funding, and Agency Services (GAO-17-615R)
(September 2017).
---------------------------------------------------------------------------
In addition to post-election reports, the Agency
Preparation for Transitions Act of 2024 would require GSA to
provide pre-election cybersecurity guidance to eligible
candidates to ensure they are safe from possible cyber threats.
Reports of recent cyber threats and increased use of digital
platforms during the transition process highlight the
importance of secure technology. For example, the 2020-2021
transition was the first presidential transition operating
almost exclusively in a remote environment, and future
transition teams may decide to create more digital platforms
than ever before.\11\ The Presidential Transition Act also does
not mandate that presidential transition teams use devices or
technology provided by the U.S. government. In 2024, reports
indicated that adversaries targeted the technology in
presidential campaigns and transition teams.\12\ Given these
vulnerabilities and the need to ensure sensitive government
information remains secure during a presidential transition,
this bill would require additional technology and cybersecurity
guidance for transition teams. This guidance would help
transition teams safeguard their communications and
information. If transition teams decide to not use government
resources, the guidance would ensure they still have
cybersecurity information to guide their technology processes.
---------------------------------------------------------------------------
\11\Partnership for Public Service, The 2020-2021 Presidential
Transition: Lessons Learned and Recommendations (2022) (https://
presidentialtransition.org/reports-publications/2020-21-lessons-
learned/).
\12\Iranian Operatives Charged in the US with Hacking Donald
Trump's Presidential Campaign, Associated Press (Sept. 27, 2024)
(https://apnews.com/article/trump-hacking-iran-justice-department-
1d7d83ccdc6c879be2802142f1c4719); Group with Close Ties to Trump
Transition Says it was Targeted in Cyber Attack, Politico (Oct. 11,
2024) (https://www.politico.com/news/2024/10/11/afpi-cyber-attack-
trump-00183540).
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III. Legislative History
Senator Gary Peters (D-MI) introduced S. 3654, the Agency
Preparation for Transitions Act of 2024, on January 24, 2024,
with Senator Susan Collins (R-ME) as an original cosponsor. The
bill was referred to the Committee on Homeland Security and
Governmental Affairs.
The Committee considered S. 3654 at a business meeting on
January 31, 2024. At the business meeting, Senator Peters
offered a substitute amendment, as well as a modification to
that amendment. The Peters substitute amendment, as modified,
included technical changes and responded to input from
agencies. The substitute amendment, as modified, clarified the
appropriate congressional committees for reporting under the
bill; clarified that a responsibility of GSA's FTC is to
prepare agencies for uncertainty; removed previously added
responsibilities of the WHTCC to oversee the transition process
of the Executive Office of the President; and moved the
timeline for GSA's required cybersecurity guidance from 180
days to 270 days. The amendment also struck a requirement for
guidance from the National Archives and Records Administration
on records management. The Committee adopted the modification
to the Peters substitute amendment, and the Peters substitute
amendment, as modified, by unanimous consent, with Senators
Peters, Carper, Hassan, Sinema, Rosen, Ossoff, Blumenthal,
Paul, Lankford, Romney, Scott, and Marshall present.
The bill, as amended by the Peters substitute amendment, as
modified, was ordered reported favorably by roll call vote of 9
yeas to 3 nays, with Senators Peters, Carper, Hassan, Sinema,
Rosen, Ossoff, Blumenthal, Lankford, and Romney voting in the
affirmative and with Senators Paul, Scott, and Marshall voting
in the negative. Senator Butler voted yea by proxy, for the
record only, and Senators Johnson and Hawley voted nay by
proxy, for the record only.
Consistent with Committee Rule 3(G), the Committee reports
the bill with a technical amendment by mutual agreement of the
Chairman and Ranking Member.
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
``Agency Preparation for Transitions Act of 2024.''
Section 2. Federal Transition Coordinator
Subsection (a) amends Section 4(c) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note). This section
requires the GSA Administrator to appoint a Federal Transition
Coordinator (FTC) at least two years before Election Day. It
also requires the Administrator to designate an official to
handle any transition activities in non-election years to help
provide continuity of transition activities. Additionally, this
section adds two duties to the role of the FTC: (1) They must
provide agencies not included in the Agency Transition
Directors Council (ATDC) with transition information; and (2)
Following the transition, they must identify lessons learned
and address top challenges for future transitions.
Subsection (b) clarifies that the Federal Transition
Coordinator can have other roles and responsibilities during
their service as the Federal Transition Coordinator.
Subsection (c) makes a technical change to the underlying
statute.
Section 3. White House Transition Coordinating Council
Subsection (a) amends Section 4(d) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note). The provision
requires the White House Transition Coordinating Council
(WHTCC) to meet prior to the first meeting of the Agency
Transition Directors Meeting and at least once between
determination of a sole apparent successful candidate and
Inauguration Day. The purpose of this meeting is to host an
emergency preparedness exercise, as is already required by law.
Subsection (b) makes the effective date for this section 30
days after enactment of this Act.
Section 4. Memorandums of Understanding
Subsection (a) amends language in a Section 4(g)(1) of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note). The
language adds additional requirements to the mandated MOUs
between the current president and eligible candidates, which
are already required to be reported to Congress on October 1 of
an election year. Section 4 requires the parties to agree on
access to emergency preparedness activities, information, and
briefing materials critical for national security, including
during a period after Election Day when the outcome is unclear.
Subsection (b) sets the effective date of this section to
ensure that changes to not disrupt an ongoing presidential
transition.
Section 5. Frequency of Agency Transition Directors Council
This section amends language in a Section 4(e)(4)(B) of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note). The
provision clarifies that the ATDC must meet monthly starting
nine months before the date of the Presidential election,
rather than ``regularly'' only six months before the election,
as is currently required by law. Additionally, this section
ensures that the ATDC meets after Election Day and after the
determination of a ``sole apparent successful candidate.''
Section 6. Duties of Agency Transition Directors Council
Section 6 amends Section 4(e)(2) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note). This section adds
the following duties to the ATDC: (1) Provide guidance on
developing both digital and physical briefing materials to
accommodate in-person and virtual briefings; (2) Provide
guidance to agencies on how to provide information and support
to candidates during a period of multiple apparent successful
candidates; and (3) Identify lessons learned from the
presidential transition.
Section 7. Membership of the Agency Transition Directors Council
Subsection (a) amends Section 4(e) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note). It ensures that all
CFO Act agencies are included in the ATDC when it convenes,
adding agencies such as USAID, SBA, and SSA to the ATDC. This
section also creates a council for all agencies not on the
ATDC, the ``Council for Non-ATDC Agency Transition Directors,''
to which the FTC will be required to share transition
information. This section would also add a senior career
official from OMB to the ATDC to ensure that there is a career
official who can contribute to lessons-learned activities after
Inauguration Day.
Subsection (b) outlines how to implement this section for
the 2024 presidential election cycle, should this legislation
pass before January 20, 2024.
Section 8. Interim Agency Leadership for Transitions
Subsection (a) amends Section 4(f) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note). This section
requires agencies to appoint a senior career representative to
the annual convenings of the ATDC during non-election years.
Currently, the Presidential Transition Act only requires
agencies to appoint an Agency Transition Director no later than
six months prior to Election Day. This section also changes the
requirement for appointment to nine months, to match the new
timing of the ATDC's required meetings.
Subsection (b) makes conforming amendments to the Act.
Subsection (c) clarifies that Agency Transition directors
can serve in other positions while serving as their agencies'
transition lead.
Section 9. Reports on political appointees appointed to nonpolitical
permanent positions
Section 9 amends Section 4(b) of the Edward ``Ted'' Kaufman
and Michael Leavitt Presidential Transitions Improvements Act
of 2015 (5 U.S.C. 3101 note). This section requires the Office
of Personnel Management to make public versions of its reports
on conversion requests of political appointees to be career
officials.
Section 10. Reports and guidance by transition officials
Subsection (a) adds new reporting requirements for the
WHTCC, GAO, and GSA in Section 4 of the Presidential Transition
Act of 1963 (3 U.S.C. 102 note). The section requires the WHTCC
to report to Congress on its plans and schedule for hosting
required emergency preparedness exercises for the incoming
transition team (required in Sec. 4(d)(2)(C) of the
Presidential Transition Act). This section also requires GAO to
provide a report to Congress, 270 days after Inauguration Day,
reviewing the efficiency, effectiveness, and security of
activities required by this Act.
Subsection (a) further requires the FTC to report to
Congress on lessons learned from the ATDC members and
recommendations for future improvements to the presidential
transition process. This section would also require the FTC, in
consultation with the Secretary of Homeland Security and the
Federal Chief Information Officer, to publish information for
presidential candidates on proper technology management during
the transition process. The legislation requires the FTC to
provide this report at least one year before Election Day, and
allows them to make updates as needed.
Subsection (b) sets effective dates for provisions in this
section.
Section 11. Technical amendment
This section makes a technical amendment.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 3654 would amend the Presidential Transition Act of 1963
to expand the membership, responsibilities, and meeting
requirements of existing councils of federal employees that
oversee and coordinate transitions. The bill also would create
a council for federal employees managing those transitions at
small and independent agencies not represented on current
councils. Finally, S. 3654 would require various reports,
including one from the Government Accountability Office.
Because those provisions would affect agencies that already
participate in transitions, codify existing policies, make
relatively small changes to the meeting requirements of
councils, and require relatively straightforward reports, CBO
estimates that implementing the bill would cost less than
$500,000 over the 2024-2029 period. Any spending would be
subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Emma Uebelhor.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
VII. Changes in Existing Law Made by the Bill, as Reported
PRESIDENTIAL TRANSITION ACT OF 1963
* * * * * * *
TITLE III--THE PRESIDENT
* * * * * * *
CHAPTER 2--OFFICE AND COMPENSATION OF PRESIDENT
* * * * * * *
SEC. 3. SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO APPARENT
SUCCESSFUL CANDIDATES.
(a) * * *
(1) * * *
(2) * * *
(3) * * *
(4) * * *
(5) * * *
(6) * * *
(7) * * *
(8) * * *
(A) * * *
(i) * * *
(ii) * * *
(I) * * *
(II) * * *
(III) are relevant staff
[from the General Accounting
Office] from the Government
Accountability Office.
(b) * * *
(c) * * *
(1) * * *
(2) * * *
(A) * * *
(B) the Administrator, in conjunction with
the [Federal Transition Coordinator designated
under] Federal Transition Coordinator appointed
under section (4)(c) and [the senior career
employee of each agency] the Agency Transition
Director of each agency and senior career
employee of each major component and
subcomponent of each agency designated under
[subsection (f)(1)] subsection (f)(1)(A) to
oversee and implement the activities of the
agency, component, or subcomponent relating to
the Presidential transition, shall make efforts
to ensure that each such candidate is provided
equal access to agency information and spaces
as requested pursuant to this Act.
* * * * * * *
SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION.
(a) * * *
(b) * * *
[(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.]
(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.
(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.] 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.
(2) * * *
(3) * * *
(4) * * *
(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.
(e) * * *
(1) * * *
(2) * * *
(A) * * *
(B) provide guidance to agencies in gathering
briefing materials and information relating to
the Presidential transition that may be
requested by eligible candidates[;] including
guidance and templates for providing briefing
materials and information both in digital and
physical formats;
(C) ensure materials and information
described in subparagraph (B) are prepared not
later than [November 1] October 15 of a year
during which a Presidential election is held,
which may be updated with additional
information as needed after October 15;
(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[.];
(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.
(3) * * *
(A) * * *
(B) other senior employees serving in the
Executive Office of the President, as
determined by the President[;], 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;
(C) a senior representative serving in a
career position from each agency described in
[section 901(b)(1) of title 31, United States
Code, the Office of Personnel Management],
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 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 serving in a
career position from any other agency, as
defined under section 3502 of title 44, United
States Code, that is determined by the Co-
Chairpersons to be an agency that has
significant responsibilities relating to the
Presidential transition process; and
(E) * * *
(4) * * *
(A) * * *
(B) during the period beginning on the date
that is [6 months] 270 days before a
Presidential election and ending on the date on
which the apparent successful candidate for the
office of President is [inaugurated, on a
regular basis as necessary to carry out the
duties and authorities of the agency transition
directors council.], 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.
(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.
(f) Interim Agency Leadership for Transitions.--
(1) Election years.--
[(1)] (A) Oversight and implementation of
transition.--Not later than [6 months] 270 days
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.] ``, 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).
[2](B) Acting officers.--Not later than
September 15 of a year during which a
Presidential election occurs, and in accordance
with subchapter III of chapter 33 of title 5,
United States Code, the head of each agency
shall ensure that a succession plan is in place
for each senior noncareer position in the
agency.
(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).
(g) Memorandums of Understanding.--
(1) In general.--Not later than October 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.] 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; and
(iii) the conditions of access to any
interagency emergency preparedness and
response exercises under subsection
(d)(2)(C);
(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.
(2) * * *
(3) * * *
(h) * * *
(i) Reports by the President.--
(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.
(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, 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.
* * * * * * *
EDWARD `TED' KAUFMAN AND MICHAEL LEAVITT PRESIDENTIAL TRANSITIONS
IMPROVEMENST ACT OF 2015
* * * * * * *
SEC 4. REPORTS ON POLITICAL APPOINTEES APPOINTD TO NON-
POLITICAL PERMANENT POSITIONS.
(a) * * *
(b) * * *
(1) * * *
(2) * * *
(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).
* * * * * * *
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