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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1172 Enrolled Bill (ENR)]

        S.1172

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen

                                 An Act

 
           To improve the process of presidential transition.

    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 ``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) 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 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) 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.
        ``(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) 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 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) 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:
    ``(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. 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;
        (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;
                (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.--
        (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) 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) determine the statistical significance of any 
        differences identified under subparagraph (A) and whether and 
        to what extent such differences indicate any patterns;
            (C) evaluate the size, scope, and effect of the covered 
        regulations promulgated during the covered presidential 
        transition period; and
            (D) 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) 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.
    (b) Form.--The report submitted under subsection (a) shall be 
prepared in unclassified form, but may contain a classified annex.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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