[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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