[114th Congress Public Law 136]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 301]]
Public Law 114-136
114th Congress
An Act
To improve the process of presidential transition. <<NOTE: Mar. 18,
2016 - [S. 1172]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Edward `Ted'
Kaufman and Michael Leavitt Presidential Transitions Improvements Act of
2015. 5 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Edward `Ted' Kaufman and Michael
Leavitt Presidential Transitions Improvements Act of 2015''.
SEC. 2. PRESIDENTIAL TRANSITION IMPROVEMENTS.
(a) In General.--The Presidential Transition Act of 1963 (3 U.S.C.
102 note) is amended--
(1) by redesignating sections 4, 5, and 6 as sections 5, 6,
and 7, respectively; and
(2) by inserting after section 3 the following:
``SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION.
``(a) Definitions.--In this section--
``(1) the term `Administrator' means the Administrator of
General Services;
``(2) the term `agency' means an Executive agency, as
defined in section 105 of title 5, United States Code;
``(3) the term `eligible candidate' has the meaning given
that term in section 3(h)(4); and
``(4) the term `Presidential election' means a general
election held to determine the electors of President and Vice
President under section 1 or 2 of title 3, United States Code.
``(b) General Duties.--The President shall take such actions as the
President determines necessary and appropriate to plan and coordinate
activities by the Executive branch of the Federal Government to
facilitate an efficient transfer of power to a successor President,
including by--
``(1) establishing and operating a White House transition
coordinating council in accordance with subsection (d); and
``(2) establishing and operating an agency transition
directors council in accordance with subsection (e).
``(c) <<NOTE: Designation.>> Federal Transition Coordinator.--The
Administrator shall designate an employee of the General Services
Administration who is a senior career appointee to--
``(1) carry out the duties and authorities of the General
Services Administration relating to Presidential transitions
under this Act or any other provision of law;
[[Page 130 STAT. 302]]
``(2) serve as the Federal Transition Coordinator with
responsibility for coordinating transition planning across
agencies, including through the agency transition directors
council established under subsection (e);
``(3) ensure agencies comply with all statutory requirements
relating to transition planning and reporting; and
``(4) act as a liaison to eligible candidates.
``(d) White House Transition Coordinating Council.--
``(1) <<NOTE: Deadline.>> Establishment.--Not later than 6
months before the date of a Presidential election, the President
shall establish a White House transition coordinating council
for purposes of facilitating the Presidential transition.
``(2) Duties.--The White House transition coordinating
council shall--
``(A) provide guidance to agencies and the Federal
Transition Coordinator regarding preparations for the
Presidential transition, including succession planning
and preparation of briefing materials;
``(B) facilitate communication and information
sharing between the transition representatives of
eligible candidates and senior employees in agencies and
the Executive Office of the President; and
``(C) prepare and host interagency emergency
preparedness and response exercises.
``(3) Membership.--The members of the White House transition
coordinating council shall include--
``(A) senior employees of the Executive branch
selected by the President, which may include the Chief
of Staff to the President, any Cabinet officer, the
Director of the Office of Management and Budget, the
Administrator, the Director of the Office of Personnel
Management, the Director of the Office of Government
Ethics, and the Archivist of the United States;
``(B) the Federal Transition Coordinator;
``(C) the transition representative for each
eligible candidate, who shall serve in an advisory
capacity; and
``(D) any other individual the President determines
appropriate.
``(4) Chairperson.--The Chairperson of the White House
transition coordinating council shall be a senior employee in
the Executive Office of the President, designated by the
President.
``(e) Agency Transition Directors Council.--
``(1) <<NOTE: Establishment.>> In general.--The President
shall establish and operate an agency transition directors
council, which shall--
``(A) ensure the Federal Government has an
integrated strategy for addressing interagency
challenges and responsibilities around Presidential
transitions and turnover of noncareer appointees;
``(B) coordinate transition activities between the
Executive Office of the President, agencies, and the
transition team of eligible candidates and the
President-elect and Vice-President-elect; and
``(C) draw on guidance provided by the White House
transition coordinating council and lessons learned from
previous Presidential transitions in carrying out its
duties.
[[Page 130 STAT. 303]]
``(2) Duties.--As part of carrying out the responsibilities
under paragraph (1), the agency transition directors council
shall--
``(A) assist the Federal Transition Coordinator in
identifying and carrying out the responsibilities of the
Federal Transition Coordinator relating to a
Presidential transition;
``(B) provide guidance to agencies in gathering
briefing materials and information relating to the
Presidential transition that may be requested by
eligible candidates;
``(C) ensure materials and information described in
subparagraph (B) are prepared not later than November 1
of a year during which a Presidential election is held;
``(D) ensure agencies adequately prepare career
employees who are designated to fill non-career
positions under subsection (f) during a Presidential
transition; and
``(E) consult with the President's Management
Council, or any successor thereto, in carrying out the
duties of the agency transition directors council.
``(3) Membership.--The members of the agency transition
directors council shall include--
``(A) the Federal Transition Coordinator and the
Deputy Director for Management of the Office of
Management and Budget, who shall serve as Co-
Chairpersons of the agency transition directors council;
``(B) other senior employees serving in the
Executive Office of the President, as determined by the
President;
``(C) a senior representative from each agency
described in section 901(b)(1) of title 31, United
States Code, the Office of Personnel Management, the
Office of Government Ethics, and the National Archives
and Records Administration whose responsibilities
include leading Presidential transition efforts within
the agency;
``(D) a senior representative from any other agency
determined by the Co-Chairpersons to be an agency that
has significant responsibilities relating to the
Presidential transition process; and
``(E) during a year during which a Presidential
election will be held, a transition representative for
each eligible candidate, who shall serve in an advisory
capacity.
``(4) <<NOTE: Time periods.>> Meetings.--The agency
transition directors council shall meet--
``(A) subject to subparagraph (B), not less than
once per year; and
``(B) during the period beginning on the date that
is 6 months before a Presidential election and ending on
the date on which the President-elect is inaugurated, on
a regular basis as necessary to carry out the duties and
authorities of the agency transition directors council.
``(f) <<NOTE: Deadlines.>> Interim Agency Leadership for
Transitions.--
``(1) <<NOTE: Designation.>> Oversight and implementation
of transition.--Not later than 6 months before the date of a
Presidential election, the head of each agency shall designate a
senior career employee of the agency and a senior career
employee of each major component and subcomponent of the agency
to oversee and implement the activities of the agency,
component, or subcomponent relating to the Presidential
transition.
[[Page 130 STAT. 304]]
``(2) <<NOTE: Deadline.>> Acting officers.--Not later than
September 15 of a year during which a Presidential election
occurs, and in accordance with subchapter III of chapter 33 of
title 5, United States Code, for each noncareer position in an
agency that the head of the agency determines is critical, the
head of the agency shall designate a qualified career employee
to serve in the position in an acting capacity if the position
becomes vacant.
``(g) Memorandums of Understanding.--
``(1) <<NOTE: Deadline.>> In general.--Not later than
November 1 of a year during which a Presidential election
occurs, the President (acting through the Federal Transition
Coordinator) shall, to the maximum extent practicable, negotiate
a memorandum of understanding with the transition representative
of each eligible candidate, which shall include, at a minimum,
the conditions of access to employees, facilities, and documents
of agencies by transition staff.
``(2) Existing resources.--To the maximum extent
practicable, the memorandums of understanding negotiated under
paragraph (1) shall be based on memorandums of understanding
from previous Presidential transitions.
``(h) Equity in Assistance.--Any information or other assistance
provided to eligible candidates under this section shall be offered on
an equal basis and without regard to political affiliation.
``(i) Reports.--
``(1) In general.--The President, acting through the Federal
Transition Coordinator, shall submit to the Committee on
Oversight and Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate reports describing the activities undertaken by
the President and agencies to prepare for the transfer of power
to a new President.
``(2) Timing.--The reports under paragraph (1) shall be
provided 6 months and 3 months before the date of a Presidential
election.''.
(b) Other Improvements.--Section 3 of the Presidential Transition
Act of 1963 (3 U.S.C. 102 note) is amended--
(1) in subsection (a)--
(A) in paragraph (8)--
(i) in subparagraph (A)(i)--
(I) by inserting ``and during the
term of a President'' after ``during the
transition''; and
(II) by striking ``after
inauguration''; and
(ii) in subparagraph (B), by inserting ``or
Executive agencies (as defined in section 105 of
title 5, United States Code)'' before the period;
and
(B) in paragraph (10), by inserting ``including, to
the greatest extent practicable, human resource
management system software compatible with the software
used by the incumbent President and likely to be used by
the President-elect and Vice President-elect'' before
the period;
(2) in subsection (b)(2), by striking ``30 days'' and
inserting ``180 days'';
(3) in subsection (g), by inserting ``except for activities
under subsection (a)(8)(A),'' before ``there shall be no''; and
(4) in subsection (h)(2), by adding at the end the
following:
[[Page 130 STAT. 305]]
``(D) An eligible candidate shall have a right to the services and
facilities described in this paragraph until the date on which the
Administrator is able to determine the apparent successful candidates
for the office of President and Vice President.''.
(c) Technical and Conforming Amendments.--
(1) Section 3 of the Pre-Election Presidential Transition
Act of 2010 (3 U.S.C. 102 note) is repealed.
(2) The Presidential Transition Act of 1963 (3 U.S.C. 102
note) is amended--
(A) in section 3--
(i) in subsection (a)(4)(B), by striking
``section 6'' and inserting ``section 7'';
(ii) in subsection (b), in the matter
preceding paragraph (1), by striking ``section 3
of this Act'' and inserting ``this section''; and
(iii) in subsection (h)(3)(B)(iii), by
striking ``section 5'' each place it appears and
inserting ``section 6'';
(B) in section 6, as redesignated by subsection (a)
of this section, by striking ``section 6(a)(1)'' each
place it appears and inserting ``section 7(a)(1)''; and
(C) in section 7(a)(2), as redesignated by
subsection (a) of this section, by striking ``section
4'' and inserting ``section 5''.
(3) Section 8331(1)(K) of title 5, United States Code, is
amended by striking ``section 4'' and inserting ``section 5''.
(4) Section 8701(a)(10) of title 5, United States Code, is
amended by striking ``section 4'' and inserting ``section 5''.
(5) Section 8901(1)(I) of title 5, United States Code, is
amended by striking ``section 4'' and inserting ``section 5''.
SEC. 3. NATIONAL ARCHIVES PRESIDENTIAL TRANSITION.
Section 2203(g) of title 44, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) When the President considers it practicable and in the public
interest, the President shall include in the President's budget
transmitted to Congress, for each fiscal year in which the term of
office of the President will expire, such funds as may be necessary for
carrying out the authorities of this subsection.''.
SEC. 4. <<NOTE: 5 USC 3101 note.>> REPORTS ON POLITICAL
APPOINTEES APPOINTED TO NONPOLITICAL PERMANENT
POSITIONS.
(a) Definitions.--In this section--
(1) the term ``agency'' has the meaning given the term
``Executive agency'' in section 105 of title 5, United States
Code;
(2) the term ``covered civil service position'' means a
position in the civil service (as defined in section 2101 of
title 5, United States Code) that is not--
(A) a temporary position; or
(B) a political position;
(3) the term ``former political appointee'' means an
individual who--
(A) is not serving in an appointment to a political
position; and
(B) served as a political appointee during the 5-
year period ending on the date of the request for an
appointment to a covered civil service position in any
agency;
[[Page 130 STAT. 306]]
(4) the term ``political appointee'' means an individual
serving in an appointment to a political position; and
(5) the term ``political position'' means--
(A) a position described under sections 5312 through
5316 of title 5, United States Code (relating to the
Executive Schedule);
(B) a noncareer appointment in the Senior Executive
Service, as defined under paragraph (7) of section
3132(a) of title 5, United States Code; or
(C) a position in the executive branch of the
Government of a confidential or policy-determining
character under schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations.
(b) Reporting on Current or Recent Political Appointees Appointed to
Covered Civil Service Positions.--
(1) Annual report.--Except as provided in paragraph (2), the
Director of the Office of Personnel Management shall submit to
the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government Reform
of the House of Representatives an annual report regarding
requests by agencies to appoint political appointees or former
political appointees to covered civil service positions. Each
report shall cover one calendar year and shall--
(A) for each request by an agency that a political
appointee be appointed to a covered civil service
position during the period covered by the report,
provide--
(i) the date on which the request was received
by the Office of Personnel Management;
(ii) subject to subsection (c), the name of
the individual and the political position held by
the individual, including title, office, and
agency;
(iii) the date on which the individual was
first appointed to a political position in the
agency in which the individual is serving as a
political appointee;
(iv) the grade and rate of basic pay for the
individual as a political appointee;
(v) the proposed covered civil service
position, including title, office, and agency, and
the proposed grade and rate of basic pay for the
individual;
(vi) whether the Office of Personnel
Management approved or denied the request; and
(vii) the date on which the individual was
appointed to a covered civil service position, if
applicable; and
(B) for each request by an agency that a former
political appointee be appointed to a covered civil
service position during the period covered by the
report, provide--
(i) the date on which the request was received
by the Office of Personnel Management;
(ii) subject to subsection (c), the name of
the individual and the political position held by
the individual, including title, office, and
agency;
(iii) the date on which the individual was
first appointed to any political position;
(iv) the grade and rate of basic pay for the
individual as a political appointee;
[[Page 130 STAT. 307]]
(v) the date on which the individual ceased to
serve in a political position;
(vi) the proposed covered civil service
position, including title, office, and agency, and
the proposed grade and rate of basic pay for the
individual;
(vii) whether the Office of Personnel
Management approved or denied the request; and
(viii) the date on which the individual was
first appointed to a covered civil service
position, if applicable.
(2) Quarterly report in certain years.--In the last year of
the term of a President, or, if applicable, the last year of the
second consecutive term of a President, the report required
under paragraph (1) shall be submitted quarterly and shall cover
each quarter of the year, except that the last quarterly report
shall also cover January 1 through 20 of the following year.
(c) Names and Titles of Certain Appointees.--If determined
appropriate by the Director of the Office of Personnel Management, a
report submitted under subsection (b) may exclude the name or title of a
political appointee or former political appointee--
(1) who--
(A) was requested to be appointed to a covered civil
service position; and
(B) was not appointed to a covered civil service
position; or
(2) relating to whom a request to be appointed to a covered
civil service position is pending at the end of the period
covered by that report.
SEC. 5. REPORT ON REGULATIONS PROMULGATED NEAR THE END OF
PRESIDENTIAL TERMS.
(a) Definitions.--In this section:
(1) The term ``covered presidential transition period''
means each of the following:
(A) The 120-day period ending on January 20, 2001.
(B) The 120-day period ending on January 20, 2009.
(C) The 120-day period ending on January 20, 2017.
(2) The term ``covered regulation'' means a final
significant regulatory action promulgated by an Executive
department.
(3) The term ``significant regulatory action'' means any
regulatory action that is likely to result in a rule that may--
(A) have an annual effect on the economy of
$100,000,000 or more or adversely affect in a material
way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or
communities;
(B) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
agency;
(C) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or
(D) raise novel legal or policy issues.
(4) The term ``Executive department'' has the meaning given
that term under section 101 of title 5, United States Code.
(b) Report.--
[[Page 130 STAT. 308]]
(1) In general.--The Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives
a report regarding covered regulations promulgated during each
covered presidential transition period.
(2) Contents of report.--The report required under paragraph
(1) shall, to the extent feasible, for each covered presidential
transition period--
(A) <<NOTE: Time periods.>> compare the number,
scope, and impact of, and type of rulemaking procedure
used for, covered regulations promulgated during the
covered presidential transition period to the number,
scope, and impact of, and type of rulemaking procedure
used for, covered regulations promulgated during the
120-day periods ending on January 20 of each year after
1996, other than 2001, 2009, and 2017;
(B) <<NOTE: Determination.>> determine the
statistical significance of any differences identified
under subparagraph (A) and whether and to what extent
such differences indicate any patterns;
(C) <<NOTE: Evaluation.>> evaluate the size, scope,
and effect of the covered regulations promulgated during
the covered presidential transition period; and
(D) <<NOTE: Assessment.>> assess the extent to
which the regularly required processes for the
promulgation of covered regulations were followed during
the covered presidential transition period, including
compliance with the requirements under--
(i) chapter 8 of title 5, United States Code
(commonly known as the ``Congressional Review
Act'');
(ii) the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note);
(iii) sections 202, 203, 204, and 205 of the
Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532-1535);
(iv) chapter 6 of title 5, United States Code
(commonly known as the ``Regulatory Flexibility
Act''); and
(v) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction
Act'').
SEC. 6. ANALYSIS OF THREATS AND VULNERABILITIES.
(a) <<NOTE: Deadline. Reports.>> In General.--Not later than
February 15, 2016, the Secretary of Homeland Security shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committees on Oversight and Government Reform and
Homeland Security of the House of Representatives a report analyzing the
threats and vulnerabilities facing the United States during a
presidential transition, which--
(1) shall identify and discuss vulnerabilities related to
border security and threats related to terrorism, including from
weapons of mass destruction;
(2) shall identify steps being taken to address the threats
and vulnerabilities during a presidential transition; and
(3) may include recommendations for actions by components
and agencies within the Department of Homeland Security.
[[Page 130 STAT. 309]]
(b) Form.--The report submitted under subsection (a) shall be
prepared in unclassified form, but may contain a classified annex.
Approved March 18, 2016.
LEGISLATIVE HISTORY--S. 1172:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 114-384, Pt. 1 (Comm. on Oversight and Government
Reform).
SENATE REPORTS: No. 114-94 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 161 (2015):
July 30, considered and passed
Senate.
Vol. 162 (2016):
Feb. 29, considered and passed
House, amended.
Mar. 8, Senate concurred in House
amendment.
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