II 118th CONGRESS 2d Session S. 3654 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.

1. Short title This Act may be cited as the Agency Preparation for Transitions Act of 2024 . 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. . 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. 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). . 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. . 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. . 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. 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) . 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). . 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; . 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. .