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[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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \5\Pub. L. No. 100-398.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \10\Pub. L. No. 111-283.
    \11\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \12\S. Rep. No. 111-239 at 3 (2010).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \16\See, e.g., Ready to Govern, pp. i, 3.
---------------------------------------------------------------------------

                        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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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]
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