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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3654 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2024

Mr. Peters (for himself and Ms. Collins) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
To amend the Presidential Transition Act of 1963 to require the timely 
    appointment of agency transition officials, to ensure adequate 
 performance and oversight of required transition-related preparation, 
to require new guidance for agencies and possible transition teams, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agency Preparation for Transitions 
Act of 2024''.

SEC. 2. FEDERAL TRANSITION COORDINATOR.

    Section 4(c) of the Presidential Transition Act of 1963 (3 U.S.C. 
102 note) is amended to read as follows:
    ``(c) Federal Transition Coordinator.--
            ``(1) Designation.--The Administrator shall designate an 
        employee of the General Services Administration who is a senior 
        career employee to the position of Federal Transition 
        Coordinator.
            ``(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 the 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) identifying--
                            ``(i) the most significant challenges for 
                        Federal agencies that are posed by Presidential 
                        transitions; and
                            ``(ii) ways to mitigate the risks 
                        associated with such challenges during 
                        subsequent Presidential transitions; and
                    ``(H) other duties at the discretion of the 
                Administrator.
            ``(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 designate an officer or employee to 
                carry out any transition responsibilities until the 
                appointment of the next Federal Transition Coordinator.
                    ``(C) Reporting to congress.--The Administrator 
                shall report to Congress--
                            ``(i) when the Administrator has appointed 
                        a new Federal Transition Coordinator; and
                            ``(ii) when the Administrator has 
                        designated an officer or employee to carry out 
                        transition responsibilities under subparagraph 
                        (B).
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit the Administrator from revoking 
        an existing designation of an individual serving as Federal 
        Transition Coordinator and designating a new individual to 
        serve as the Federal Transition Coordinator.''.

SEC. 3. WHITE HOUSE TRANSITION COORDINATING COUNCIL.

    (a) In General.--Section 4(d) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) in paragraph (1), by striking ``Not later than 6 months 
        before the date of a Presidential election,'' and all that 
        follows and inserting ``There is established a White House 
        transition coordinating council for the purposes of 
        facilitating the Presidential transition. The White House 
        transition coordinating council shall, at a minimum, meet and 
        perform the duties provided for in this Act.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) oversee the transition process for offices 
                within the Executive Office of the President and ensure 
                that such offices produce relevant transition briefing 
                materials for eligible candidates;
                    ``(E) during any year during which a Presidential 
                election is not being held, designate employees within 
                the Executive Office of the President who shall 
                develop, in coordination with the Archivist of the 
                United States, a plan for employees serving in 
                positions in the executive branch to identify, on at 
                least an annual basis, Presidential records (as defined 
                in section 2201 of title 44, United States Code), 
                including electronic records, to be transferred to and 
                maintained and preserved by the Archivist in the event 
                of a possible Presidential transition; and
                    ``(F) not later than 180 days before the date of 
                each Presidential election, the employees designated 
                under subparagraph (E) shall submit to Congress the 
                most recent plan developed under subparagraph (E) 
                through a written report or a briefing with relevant 
                committees.''; and
            (3) by adding at the end the following:
            ``(3) 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 a sole apparent 
                successful candidate for the office of the President, 
                but not later than the date on which the apparent 
                successful candidate for the office of President is 
                inaugurated.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date that is 30 days after the date of enactment of this 
Act.

SEC. 4. MEMORANDUMS OF UNDERSTANDING.

    Section 4(g)(1) of the Presidential Transition Act of 1963 (3 
U.S.C. 102 note) is amended by striking ``shall include, at a 
minimum,'' and all that follows and inserting the following: ``shall 
include--
                    ``(A) at a minimum--
                            ``(i) the conditions of access to 
                        employees, facilities, and documents of 
                        agencies by transition staff;
                            ``(ii) the conditions of access to 
                        information and briefing material critical to 
                        national security, which shall be established 
                        in consultation with the relevant agencies; and
                            ``(iii) the conditions of access to any 
                        interagency emergency preparedness and response 
                        exercises under subsection (d)(2)(C); and
                    ``(B) a provision allowing access described in 
                subparagraph (A) to commence or continue for the 
                eligible candidate and the members of the transition 
                team of the eligible candidate during the period 
                beginning on the day after date of the Presidential 
                election and ending at the time at which the 
                Administrator determines the apparent successful 
                candidate under section 3(c).''.

SEC. 5. FREQUENCY OF THE AGENCY TRANSITION DIRECTORS COUNCIL.

    Section 4(e)(4)(B) of the Presidential Transition Act of 1963 (3 
U.S.C. 102 note) is amended--
            (1) by striking ``6 months'' and inserting ``270 days''; 
        and
            (2) by striking ``inaugurated,'' and all that follows and 
        inserting the following: ``inaugurated, not less than once per 
        month, which shall include--
                            ``(i) a meeting during the period beginning 
                        on the day after the Presidential election and 
                        ending 3 days after the date of the 
                        Presidential election; and
                            ``(ii) if the Administrator does not 
                        determine the apparent successful candidates in 
                        accordance with section 3(c) on or before the 
                        date that is 3 days after the date of the 
                        Presidential election, not later than 1 day 
                        after such determination.''.

SEC. 6. DUTIES OF THE AGENCY TRANSITION DIRECTORS COUNCIL.

    Section 4(e)(2) of the Presidential Transition Act of 1963 (3 
U.S.C. 102 note) is amended--
            (1) in subparagraph (B), by inserting ``, including 
        guidance and templates for providing briefing materials and 
        information both in digital and physical formats'' after 
        ``candidates'';
            (2) in subparagraph (C)--
                    (A) by striking ``November 1'' and inserting 
                ``October 15''; and
                    (B) by inserting ``, which may be updated with 
                additional information as needed after October 15'' 
                before the semicolon at the end;
            (3) in subparagraph (D), by striking ``and'' at the end;
            (4) in subparagraph (E), by striking the period at the end 
        and inserting a semicolon; and
            (5) by adding at the end the following:
                    ``(F) provide guidance to agencies on how the 
                agencies should engage with and provide information to 
                apparent successful candidates, should there be 
                multiple apparent successful candidates, as described 
                in section 3(c)(2);
                    ``(G) develop working groups and subcommittees to 
                address any emergencies that arise during a 
                Presidential transition; and
                    ``(H) after the inauguration as President of the 
                apparent successful candidate for the office of 
                President, working with the Federal Transition 
                Coordinator to identify lessons learned from the 
                Presidential transition.''.

SEC. 7. MEMBERSHIP OF AGENCY TRANSITION DIRECTORS COUNCIL.

    (a) In General.--Section 4(e) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (B), by inserting ``, which 
                shall include not less than 1 senior career employee 
                who shall oversee transition responsibilities for the 
                Executive Office of the President, including the 
                production of relevant transition briefing materials 
                for eligible candidates from each office or component 
                of the Executive Office of the President'' after ``by 
                the President'';
                    (B) in subparagraph (C), by striking ``section 
                901(b)(1)'' and inserting ``paragraph (1) or (2) of 
                section 901(b)'';
                    (C) in subparagraph (D)--
                            (i) by inserting ``, as defined under 
                        section 3502 of title 44, United States Code, 
                        that is'' after ``any other agency''; and
                            (ii) by striking ``and'' at the end;
                    (D) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (E) by adding at the end the following:
                    ``(F) the co-chairpersons of the council 
                established under paragraph (5)(A).''; and
            (2) by adding at the end the following:
            ``(5) Council for non-atdc agency transition directors.--
                    ``(A) In general.--The Co-Chairpersons of the 
                agency transition directors council shall establish and 
                operate a council for small and independent agency 
                transition directors (referred to in this paragraph as 
                the `council').
                    ``(B) Advisory body.--The council shall serve as 
                the principle advisory body to the Co-Chairpersons of 
                the agency transition directors council relating to the 
                priorities, needs, and functions of the council, as 
                they relate to small and independent agencies.
                    ``(C) Members.--The council shall be composed of 
                the Agency Transition Directors designated under 
                subsection (f)(1)(A) from each agency that does not 
                have a representative who is a member of the agency 
                transition directors council.
                    ``(D) Co-chairpersons.--The Co-Chairpersons of the 
                agency transition directors council shall select from 
                among the council members 2 co-chairpersons of the 
                council.
            ``(6) Guidance.--The Federal Transition Coordinator shall 
        consult with the co-chairpersons of the council established 
        under paragraph (5)(A), to provide relevant guidance and 
        information to the council on issues relating to Presidential 
        transitions.
            ``(7) OMB representative on the agency transition directors 
        council.--
                    ``(A) In general.--Not later than 1 year before the 
                date of a Presidential election, the Director of the 
                Office of Management and Budget shall designate an 
                employee of the Office of Management and Budget who is 
                a senior career employee to serve on the agency 
                transition directors council, who shall work with the 
                Deputy Director for Management of the Office of 
                Management and Budget in carrying out the transition 
                duties of the Office of Management and Budget.
                    ``(B) Lessons learned.--After the inauguration as 
                President of the apparent successful candidate for the 
                office of President, the employee designated under 
                subparagraph (A) shall assist the Federal Transition 
                Coordinator by contributing any lessons learned by the 
                Office of Management and Budget from the Presidential 
                transition.''.
    (b) Implementation for 2024 Election.--As soon as is practicable 
after the date of enactment of this Act, the Director of the Office of 
Management and Budget shall designate an employee of the Office of 
Management and Budget to serve on the agency transition directors 
council in accordance with paragraph (7) of section 4(e) of the 
Presidential Transition Act of 1963, as added by subsection (a) of this 
section.

SEC. 8. INTERIM AGENCY LEADERSHIP FOR TRANSITIONS.

    (a) In General.--Section 4(f) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and adjusting the 
        margin accordingly;
            (2) by inserting before subparagraph (A), as so 
        redesignated, the following:
            ``(1) Election years.--'';
            (3) in paragraph (1)(A), as so designated--
                    (A) by striking ``6 months'' and inserting ``270 
                days''; and
                    (B) by inserting ``, who shall serve as the Agency 
                Transition Director for the agency and whose term as 
                Agency Transition Director shall last until not later 
                than the date that is 90 days after the date of the 
                inauguration as President of the apparent successful 
                candidate for the office of President,'' after ``a 
                senior career employee of the agency''; and
            (4) by adding at the end the following:
            ``(2) Oversight and implementation of transition in non-
        election years.--
                    ``(A) In general.--Not later than 1 year after the 
                date of each inauguration day--
                            ``(i) the head of each agency which has a 
                        representative who serves on the agency 
                        transition directors council shall designate an 
                        employee of the agency who is a senior career 
                        employee to serve as the representative of the 
                        agency at the annual meetings of the agency 
                        transition directors council described in 
                        subsection (e)(4)(A); and
                            ``(ii) the head of each agency which does 
                        not have a representative who serves on the 
                        agency transition directors council shall 
                        designate an employee of the agency who is a 
                        senior career employee to oversee issues 
                        relating to Presidential transitions.
                    ``(B) Duties.--An employee designated by the head 
                of an agency under subparagraph (A) shall serve as the 
                official responsible for the transition operations of 
                the agency until the date on which the head of the 
                agency designates an employee as an Agency Transition 
                Director under paragraph (1)(A) with respect to the 
                next Presidential election.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit the head of an agency from 
        designating--
                    ``(A) the individual who is serving as the Agency 
                Transition Director for the agency under paragraph 
                (1)(A) for purposes of paragraph (2)(A); or
                    ``(B) the individual who the head designated for 
                purposes of paragraph (2)(A) as the Agency Transition 
                Director for the agency under paragraph (1)(A).''.
    (b) Conforming Amendments.--Section 3(c)(2)(B) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended--
            (1) by striking ``the senior career employee of each 
        agency'' and inserting ``the Agency Transition Director of each 
        agency''; and
            (2) by striking ``subsection (f)(1)'' and inserting 
        ``subsection (f)(1)(A)''.

SEC. 9. REPORTS ON POLITICAL APPOINTEES APPOINTED TO NONPOLITICAL 
              PERMANENT POSITIONS.

    Section 4(b) of the Edward ``Ted'' Kaufman and Michael Leavitt 
Presidential Transitions Improvements Act of 2015 (5 U.S.C. 3101 note) 
is amended by adding at the end the following:
            ``(3) Publication.--The Director of the Office of Personnel 
        Management shall make a version of each report required under 
        paragraph (1) and each report required under paragraph (2) 
        available to the public, which may exclude information in 
        accordance with subsection (c).''.

SEC. 10. REPORTS AND GUIDANCE BY TRANSITION OFFICIALS.

    (a) In General.--Section 4 of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) in subsection (i), in the subsection heading, by 
        inserting ``by the President'' after ``Reports''; and
            (2) by adding at the end the following:
    ``(j) Other Reports Regarding Transitions.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `incoming administration' means the 
                apparent successful candidate for the office of 
                President, the apparent successful candidate for the 
                office of Vice President, a member of the transition 
                team, or any other employee or contractor of the 
                apparent successful candidate for the office of 
                President or the apparent successful candidate for the 
                office of Vice President who is performing duties 
                relating to the Presidential transition; and
                    ``(B) the term `outgoing administration' means an 
                individual who, during the period beginning on the date 
                of a Presidential election and ending on the date of 
                the inauguration with respect to the Presidential 
                election (unless the individual serving as President on 
                the date of such Presidential election is inaugurated 
                as President at such inauguration), serves as the 
                President, the Vice President, or an officer or 
                employee in the executive branch of the Federal 
                Government.
            ``(2) Exercises.--Not later than November 1 of each year 
        during which a Presidential election is held, the White House 
        transition coordinating council shall submit to Congress a 
        report, which may contain a classified annex, on the plans of 
        the council for hosting exercises described in subsection 
        (d)(2)(C), which shall include a summary of--
                    ``(A) the topics to be covered by the exercises;
                    ``(B) scheduled dates for the exercises; and
                    ``(C) plans for ensuring emergency preparedness 
                prior to a determination by the Administrator that a 
                single candidate for the office of President should be 
                treated as the sole apparent successful candidate in 
                accordance with section 3(c), including during any 
                period of multiple potential apparent successful 
                candidates as described in section 3(c)(2), if 
                applicable.
            ``(3) GAO reports.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which the Administrator determines the sole 
                apparent successful candidate for the office of 
                President in accordance with section 3(c) with respect 
                to each Presidential election, the Comptroller General 
                of the United States, in consultation with the agency 
                transition directors council, shall submit to Congress 
                a report on the Presidential transition process and 
                make a version of the report available to the public.
                    ``(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, 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) New administration.--
                    ``(A) Guidance.--Not later than 60 days before the 
                date of a Presidential election, the Archivist of the 
                United States shall develop guidance for a President-
                elect and the transition team of the President-elect 
                relating to complying with chapters 22 and 31 of title 
                44, United States Code, when creating documents for use 
                on or after inauguration day, which shall include 
                guidance for identifying and labeling all documents 
                created before inauguration day that the President-
                elect intends to use or transfer after inauguration 
                day.
                    ``(B) Report.--Not later than 90 days after the 
                date of the inauguration as President of an apparent 
                successful candidate for the office of President who 
                was not serving as President on the date of the most 
                recent Presidential election, the Archivist of the 
                United States shall publish a report on the status of 
                the procedures for transition management of the 
                incoming administration and the outgoing 
                administration, which shall include--
                            ``(i) a description of the process of the 
                        incoming administration for--
                                    ``(I) identifying documents created 
                                on or before the date of the 
                                inauguration that are intended for use 
                                on or after inauguration day and are 
                                subject to chapter 22 of title 44, 
                                United States Code; and
                                    ``(II) providing guidance to 
                                officers and employees of the incoming 
                                administration on consistently labeling 
                                and safely storing classified 
                                documents; and
                            ``(ii) a description of the process of the 
                        outgoing administration for identifying 
                        Presidential records, as defined in section 
                        2201 of title 44, United States Code, to be 
                        preserved and maintained by the Archivist of 
                        the United States.
            ``(5) Lessons learned.--Not later than 180 days after each 
        inauguration day, the Federal Transition Coordinator shall 
        report to Congress regarding lessons learned from the 
        transition period and offer recommendations for improvements to 
        the Presidential transition process, which shall include--
                    ``(A) lessons learned by Agency Transition 
                Directors and the agency transition directors council 
                with respect to the transition operations of agencies;
                    ``(B) an assessment of the major challenges and 
                achievements of the Administrator in providing core 
                transition services to agencies, the outgoing 
                administration, and the incoming administration; and
                    ``(C) recommendations, if any, for changes to the 
                Presidential transition process.
    ``(k) Guidance on IT Management During the Transition.--
            ``(1) General guidance.--Not later than 180 days before the 
        date of each Presidential election, the Federal Transition 
        Coordinator, in consultation with the Secretary of Homeland 
        Security and the Administrator of the Office of E-Government 
        and Information Technology, shall make publicly available in a 
        manner that is accessible by any candidate for the office of 
        President or Vice-President information regarding information 
        technology management during the Presidential transition, 
        including--
                    ``(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 E-Government and Information Technology, 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 Congress any information made 
        publicly available or provided to an eligible candidate under 
        this subsection.''.
    (b) Ethics Plans.--Section 4(g)(3)(B) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended--
            (1) by redesignating clauses (i), (ii), (iii), and (iv) as 
        clauses (ii), (iii), (iv), and (v), respectively; and
            (2) by inserting before clause (ii), as so redesignated, 
        the following:
                            ``(i) the name and title of a transition 
                        team official whose responsibilities include 
                        overseeing implementation of and compliance 
                        with the ethics plan;''.

SEC. 11. TECHNICAL AMENDMENT.

    Section 3(a)(8)(A)(ii)(III) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended by striking ``from the'' and all 
that follows and inserting ``from the Government Accountability 
Office.''.
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