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[114th Congress Public Law 136]
[From the U.S. Government Publishing Office]

[[Page 130 STAT. 301]]

Public Law 114-136
114th Congress

                                 An Act

 
  To improve the process of presidential transition. <<NOTE: Mar. 18, 
                          2016 -  [S. 1172]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Edward `Ted' 
Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 
2015. 5 USC 101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Edward `Ted' Kaufman and Michael 
Leavitt Presidential Transitions Improvements Act of 2015''.
SEC. 2. PRESIDENTIAL TRANSITION IMPROVEMENTS.

    (a) In General.--The Presidential Transition Act of 1963 (3 U.S.C. 
102 note) is amended--
            (1) by redesignating sections 4, 5, and 6 as sections 5, 6, 
        and 7, respectively; and
            (2) by inserting after section 3 the following:
``SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION.

    ``(a) Definitions.--In this section--
            ``(1) the term `Administrator' means the Administrator of 
        General Services;
            ``(2) the term `agency' means an Executive agency, as 
        defined in section 105 of title 5, United States Code;
            ``(3) the term `eligible candidate' has the meaning given 
        that term in section 3(h)(4); and
            ``(4) the term `Presidential election' means a general 
        election held to determine the electors of President and Vice 
        President under section 1 or 2 of title 3, United States Code.

    ``(b) General Duties.--The President shall take such actions as the 
President determines necessary and appropriate to plan and coordinate 
activities by the Executive branch of the Federal Government to 
facilitate an efficient transfer of power to a successor President, 
including by--
            ``(1) establishing and operating a White House transition 
        coordinating council in accordance with subsection (d); and
            ``(2) establishing and operating an agency transition 
        directors council in accordance with subsection (e).

    ``(c) <<NOTE: Designation.>>  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;

[[Page 130 STAT. 302]]

            ``(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) <<NOTE: Deadline.>>  Establishment.--Not later than 6 
        months before the date of a Presidential election, the President 
        shall establish a White House transition coordinating council 
        for purposes of facilitating the Presidential transition.
            ``(2) Duties.--The White House transition coordinating 
        council shall--
                    ``(A) provide guidance to agencies and the Federal 
                Transition Coordinator regarding preparations for the 
                Presidential transition, including succession planning 
                and preparation of briefing materials;
                    ``(B) facilitate communication and information 
                sharing between the transition representatives of 
                eligible candidates and senior employees in agencies and 
                the Executive Office of the President; and
                    ``(C) prepare and host interagency emergency 
                preparedness and response exercises.
            ``(3) Membership.--The members of the White House transition 
        coordinating council shall include--
                    ``(A) senior employees of the Executive branch 
                selected by the President, which may include the Chief 
                of Staff to the President, any Cabinet officer, the 
                Director of the Office of Management and Budget, the 
                Administrator, the Director of the Office of Personnel 
                Management, the Director of the Office of Government 
                Ethics, and the Archivist of the United States;
                    ``(B) the Federal Transition Coordinator;
                    ``(C) the transition representative for each 
                eligible candidate, who shall serve in an advisory 
                capacity; and
                    ``(D) any other individual the President determines 
                appropriate.
            ``(4) Chairperson.--The Chairperson of the White House 
        transition coordinating council shall be a senior employee in 
        the Executive Office of the President, designated by the 
        President.

    ``(e) Agency Transition Directors Council.--
            ``(1) <<NOTE: Establishment.>> In general.--The President 
        shall establish and operate an agency transition directors 
        council, which shall--
                    ``(A) ensure the Federal Government has an 
                integrated strategy for addressing interagency 
                challenges and responsibilities around Presidential 
                transitions and turnover of noncareer appointees;
                    ``(B) coordinate transition activities between the 
                Executive Office of the President, agencies, and the 
                transition team of eligible candidates and the 
                President-elect and Vice-President-elect; and
                    ``(C) draw on guidance provided by the White House 
                transition coordinating council and lessons learned from 
                previous Presidential transitions in carrying out its 
                duties.

[[Page 130 STAT. 303]]

            ``(2) Duties.--As part of carrying out the responsibilities 
        under paragraph (1), the agency transition directors council 
        shall--
                    ``(A) assist the Federal Transition Coordinator in 
                identifying and carrying out the responsibilities of the 
                Federal Transition Coordinator relating to a 
                Presidential transition;
                    ``(B) provide guidance to agencies in gathering 
                briefing materials and information relating to the 
                Presidential transition that may be requested by 
                eligible candidates;
                    ``(C) ensure materials and information described in 
                subparagraph (B) are prepared not later than November 1 
                of a year during which a Presidential election is held;
                    ``(D) ensure agencies adequately prepare career 
                employees who are designated to fill non-career 
                positions under subsection (f) during a Presidential 
                transition; and
                    ``(E) consult with the President's Management 
                Council, or any successor thereto, in carrying out the 
                duties of the agency transition directors council.
            ``(3) Membership.--The members of the agency transition 
        directors council shall include--
                    ``(A) the Federal Transition Coordinator and the 
                Deputy Director for Management of the Office of 
                Management and Budget, who shall serve as Co-
                Chairpersons of the agency transition directors council;
                    ``(B) other senior employees serving in the 
                Executive Office of the President, as determined 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 Co-Chairpersons 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) <<NOTE: Time periods.>>  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) <<NOTE: Deadlines.>>  Interim Agency Leadership for 
Transitions.--
            ``(1) <<NOTE: Designation.>>  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.

[[Page 130 STAT. 304]]

            ``(2) <<NOTE: Deadline.>>  Acting officers.--Not later than 
        September 15 of a year during which a Presidential election 
        occurs, and in accordance with subchapter III of chapter 33 of 
        title 5, United States Code, for each noncareer position in an 
        agency that the head of the agency determines is critical, the 
        head of the agency shall designate a qualified career employee 
        to serve in the position in an acting capacity if the position 
        becomes vacant.

    ``(g) Memorandums of Understanding.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 
        November 1 of a year during which a Presidential election 
        occurs, the President (acting through the Federal Transition 
        Coordinator) shall, to the maximum extent practicable, negotiate 
        a memorandum of understanding with the transition representative 
        of each eligible candidate, which shall include, at a minimum, 
        the conditions of access to employees, facilities, and documents 
        of agencies by transition staff.
            ``(2) Existing resources.--To the maximum extent 
        practicable, the memorandums of understanding negotiated under 
        paragraph (1) shall be based on memorandums of understanding 
        from previous Presidential transitions.

    ``(h) Equity in Assistance.--Any information or other assistance 
provided to eligible candidates under this section shall be offered on 
an equal basis and without regard to political affiliation.
    ``(i) Reports.--
            ``(1) In general.--The President, acting through the Federal 
        Transition Coordinator, shall submit to the Committee on 
        Oversight and Government Reform of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate reports describing the activities undertaken by 
        the President and agencies to prepare for the transfer of power 
        to a new President.
            ``(2) Timing.--The reports under paragraph (1) shall be 
        provided 6 months and 3 months before the date of a Presidential 
        election.''.

    (b) Other Improvements.--Section 3 of the Presidential Transition 
Act of 1963 (3 U.S.C. 102 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (8)--
                          (i) in subparagraph (A)(i)--
                                    (I) by inserting ``and during the 
                                term of a President'' after ``during the 
                                transition''; and
                                    (II) by striking ``after 
                                inauguration''; and
                          (ii) in subparagraph (B), by inserting ``or 
                      Executive agencies (as defined in section 105 of 
                      title 5, United States Code)'' before the period; 
                      and
                    (B) in paragraph (10), by inserting ``including, to 
                the greatest extent practicable, human resource 
                management system software compatible with the software 
                used by the incumbent President and likely to be used by 
                the President-elect and Vice President-elect'' before 
                the period;
            (2) in subsection (b)(2), by striking ``30 days'' and 
        inserting ``180 days'';
            (3) in subsection (g), by inserting ``except for activities 
        under subsection (a)(8)(A),'' before ``there shall be no''; and
            (4) in subsection (h)(2), by adding at the end the 
        following:

[[Page 130 STAT. 305]]

    ``(D) An eligible candidate shall have a right to the services and 
facilities described in this paragraph until the date on which the 
Administrator is able to determine the apparent successful candidates 
for the office of President and Vice President.''.
    (c) Technical and Conforming Amendments.--
            (1) Section 3 of the Pre-Election Presidential Transition 
        Act of 2010 (3 U.S.C. 102 note) is repealed.
            (2) The Presidential Transition Act of 1963 (3 U.S.C. 102 
        note) is amended--
                    (A) in section 3--
                          (i) in subsection (a)(4)(B), by striking 
                      ``section 6'' and inserting ``section 7'';
                          (ii) in subsection (b), in the matter 
                      preceding paragraph (1), by striking ``section 3 
                      of this Act'' and inserting ``this section''; and
                          (iii) in subsection (h)(3)(B)(iii), by 
                      striking ``section 5'' each place it appears and 
                      inserting ``section 6'';
                    (B) in section 6, as redesignated by subsection (a) 
                of this section, by striking ``section 6(a)(1)'' each 
                place it appears and inserting ``section 7(a)(1)''; and
                    (C) in section 7(a)(2), as redesignated by 
                subsection (a) of this section, by striking ``section 
                4'' and inserting ``section 5''.
            (3) Section 8331(1)(K) of title 5, United States Code, is 
        amended by striking ``section 4'' and inserting ``section 5''.
            (4) Section 8701(a)(10) of title 5, United States Code, is 
        amended by striking ``section 4'' and inserting ``section 5''.
            (5) Section 8901(1)(I) of title 5, United States Code, is 
        amended by striking ``section 4'' and inserting ``section 5''.
SEC. 3. NATIONAL ARCHIVES PRESIDENTIAL TRANSITION.

    Section 2203(g) of title 44, United States Code, is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:

    ``(3) When the President considers it practicable and in the public 
interest, the President shall include in the President's budget 
transmitted to Congress, for each fiscal year in which the term of 
office of the President will expire, such funds as may be necessary for 
carrying out the authorities of this subsection.''.
SEC. 4. <<NOTE: 5 USC 3101 note.>>  REPORTS ON POLITICAL 
                    APPOINTEES APPOINTED TO NONPOLITICAL PERMANENT 
                    POSITIONS.

    (a) Definitions.--In this section--
            (1) the term ``agency'' has the meaning given the term 
        ``Executive agency'' in section 105 of title 5, United States 
        Code;
            (2) the term ``covered civil service position'' means a 
        position in the civil service (as defined in section 2101 of 
        title 5, United States Code) that is not--
                    (A) a temporary position; or
                    (B) a political position;
            (3) the term ``former political appointee'' means an 
        individual who--
                    (A) is not serving in an appointment to a political 
                position; and
                    (B) served as a political appointee during the 5-
                year period ending on the date of the request for an 
                appointment to a covered civil service position in any 
                agency;

[[Page 130 STAT. 306]]

            (4) the term ``political appointee'' means an individual 
        serving in an appointment to a political position; and
            (5) the term ``political position'' means--
                    (A) a position described under sections 5312 through 
                5316 of title 5, United States Code (relating to the 
                Executive Schedule);
                    (B) a noncareer appointment in the Senior Executive 
                Service, as defined under paragraph (7) of section 
                3132(a) of title 5, United States Code; or
                    (C) a position in the executive branch of the 
                Government of a confidential or policy-determining 
                character under schedule C of subpart C of part 213 of 
                title 5, Code of Federal Regulations.

    (b) Reporting on Current or Recent Political Appointees Appointed to 
Covered Civil Service Positions.--
            (1) Annual report.--Except as provided in paragraph (2), the 
        Director of the Office of Personnel Management shall submit to 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate and the Committee on Oversight and Government Reform 
        of the House of Representatives an annual report regarding 
        requests by agencies to appoint political appointees or former 
        political appointees to covered civil service positions. Each 
        report shall cover one calendar year and shall--
                    (A) for each request by an agency that a political 
                appointee be appointed to a covered civil service 
                position during the period covered by the report, 
                provide--
                          (i) the date on which the request was received 
                      by the Office of Personnel Management;
                          (ii) subject to subsection (c), the name of 
                      the individual and the political position held by 
                      the individual, including title, office, and 
                      agency;
                          (iii) the date on which the individual was 
                      first appointed to a political position in the 
                      agency in which the individual is serving as a 
                      political appointee;
                          (iv) the grade and rate of basic pay for the 
                      individual as a political appointee;
                          (v) the proposed covered civil service 
                      position, including title, office, and agency, and 
                      the proposed grade and rate of basic pay for the 
                      individual;
                          (vi) whether the Office of Personnel 
                      Management approved or denied the request; and
                          (vii) the date on which the individual was 
                      appointed to a covered civil service position, if 
                      applicable; and
                    (B) for each request by an agency that a former 
                political appointee be appointed to a covered civil 
                service position during the period covered by the 
                report, provide--
                          (i) the date on which the request was received 
                      by the Office of Personnel Management;
                          (ii) subject to subsection (c), the name of 
                      the individual and the political position held by 
                      the individual, including title, office, and 
                      agency;
                          (iii) the date on which the individual was 
                      first appointed to any political position;
                          (iv) the grade and rate of basic pay for the 
                      individual as a political appointee;

[[Page 130 STAT. 307]]

                          (v) the date on which the individual ceased to 
                      serve in a political position;
                          (vi) the proposed covered civil service 
                      position, including title, office, and agency, and 
                      the proposed grade and rate of basic pay for the 
                      individual;
                          (vii) whether the Office of Personnel 
                      Management approved or denied the request; and
                          (viii) the date on which the individual was 
                      first appointed to a covered civil service 
                      position, if applicable.
            (2) Quarterly report in certain years.--In the last year of 
        the term of a President, or, if applicable, the last year of the 
        second consecutive term of a President, the report required 
        under paragraph (1) shall be submitted quarterly and shall cover 
        each quarter of the year, except that the last quarterly report 
        shall also cover January 1 through 20 of the following year.

    (c) Names and Titles of Certain Appointees.--If determined 
appropriate by the Director of the Office of Personnel Management, a 
report submitted under subsection (b) may exclude the name or title of a 
political appointee or former political appointee--
            (1) who--
                    (A) was requested to be appointed to a covered civil 
                service position; and
                    (B) was not appointed to a covered civil service 
                position; or
            (2) relating to whom a request to be appointed to a covered 
        civil service position is pending at the end of the period 
        covered by that report.
SEC. 5. REPORT ON REGULATIONS PROMULGATED NEAR THE END OF 
                    PRESIDENTIAL TERMS.

    (a) Definitions.--In this section:
            (1) The term ``covered presidential transition period'' 
        means each of the following:
                    (A) The 120-day period ending on January 20, 2001.
                    (B) The 120-day period ending on January 20, 2009.
                    (C) The 120-day period ending on January 20, 2017.
            (2) The term ``covered regulation'' means a final 
        significant regulatory action promulgated by an Executive 
        department.
            (3) The term ``significant regulatory action'' means any 
        regulatory action that is likely to result in a rule that may--
                    (A) have an annual effect on the economy of 
                $100,000,000 or more or adversely affect in a material 
                way the economy, a sector of the economy, productivity, 
                competition, jobs, the environment, public health or 
                safety, or State, local, or tribal governments or 
                communities;
                    (B) create a serious inconsistency or otherwise 
                interfere with an action taken or planned by another 
                agency;
                    (C) materially alter the budgetary impact of 
                entitlements, grants, user fees, or loan programs or the 
                rights and obligations of recipients thereof; or
                    (D) raise novel legal or policy issues.
            (4) The term ``Executive department'' has the meaning given 
        that term under section 101 of title 5, United States Code.

    (b) Report.--

[[Page 130 STAT. 308]]

            (1) In general.--The Comptroller General of the United 
        States shall submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Oversight and Government Reform of the House of Representatives 
        a report regarding covered regulations promulgated during each 
        covered presidential transition period.
            (2) Contents of report.--The report required under paragraph 
        (1) shall, to the extent feasible, for each covered presidential 
        transition period--
                    (A) <<NOTE: Time periods.>>  compare the number, 
                scope, and impact of, and type of rulemaking procedure 
                used for, covered regulations promulgated during the 
                covered presidential transition period to the number, 
                scope, and impact of, and type of rulemaking procedure 
                used for, covered regulations promulgated during the 
                120-day periods ending on January 20 of each year after 
                1996, other than 2001, 2009, and 2017;
                    (B) <<NOTE: Determination.>>  determine the 
                statistical significance of any differences identified 
                under subparagraph (A) and whether and to what extent 
                such differences indicate any patterns;
                    (C) <<NOTE: Evaluation.>>  evaluate the size, scope, 
                and effect of the covered regulations promulgated during 
                the covered presidential transition period; and
                    (D) <<NOTE: Assessment.>>  assess the extent to 
                which the regularly required processes for the 
                promulgation of covered regulations were followed during 
                the covered presidential transition period, including 
                compliance with the requirements under--
                          (i) chapter 8 of title 5, United States Code 
                      (commonly known as the ``Congressional Review 
                      Act'');
                          (ii) the Small Business Regulatory Enforcement 
                      Fairness Act of 1996 (5 U.S.C. 601 note);
                          (iii) sections 202, 203, 204, and 205 of the 
                      Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
                      1532-1535);
                          (iv) chapter 6 of title 5, United States Code 
                      (commonly known as the ``Regulatory Flexibility 
                      Act''); and
                          (v) chapter 35 of title 44, United States Code 
                      (commonly known as the ``Paperwork Reduction 
                      Act'').
SEC. 6. ANALYSIS OF THREATS AND VULNERABILITIES.

    (a) <<NOTE: Deadline. Reports.>>  In General.--Not later than 
February 15, 2016, the Secretary of Homeland Security shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committees on Oversight and Government Reform and 
Homeland Security of the House of Representatives a report analyzing the 
threats and vulnerabilities facing the United States during a 
presidential transition, which--
            (1) shall identify and discuss vulnerabilities related to 
        border security and threats related to terrorism, including from 
        weapons of mass destruction;
            (2) shall identify steps being taken to address the threats 
        and vulnerabilities during a presidential transition; and
            (3) may include recommendations for actions by components 
        and agencies within the Department of Homeland Security.

[[Page 130 STAT. 309]]

    (b) Form.--The report submitted under subsection (a) shall be 
prepared in unclassified form, but may contain a classified annex.

    Approved March 18, 2016.

LEGISLATIVE HISTORY--S. 1172:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-384, Pt. 1 (Comm. on Oversight and Government 
Reform).
SENATE REPORTS: No. 114-94 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    July 30, considered and passed 
                                        Senate.
                                                        Vol. 162 (2016):
                                    Feb. 29, considered and passed 
                                        House, amended.
                                    Mar. 8, Senate concurred in House 
                                        amendment.

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