Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

114th Congress }                                      { Rept. 114-384
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                      {    Part 1

======================================================================

 
  EDWARD ``TED'' KAUFMAN AND MICHAEL LEAVITT PRESIDENTIAL TRANSITIONS 
                        IMPROVEMENTS ACT OF 2015

                                _______
                                

 December 18, 2015.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany S. 1172]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (S. 1172) to improve the process of 
presidential transition, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     7
Section-by-Section...............................................     9
Explanation of Amendments........................................    10
Committee Consideration..........................................    10
Roll Call Votes..................................................    11
Correspondence...................................................    12
Application of Law to the Legislative Branch.....................    14
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    14
Statement of General Performance Goals and Objectives............    14
Duplication of Federal Programs..................................    14
Disclosure of Directed Rule Makings..............................    14
Federal Advisory Committee Act...................................    14
Unfunded Mandate Statement.......................................    14
Earmark Identification...........................................    14
Committee Estimate...............................................    15
Budget Authority and Congressional Budget Office Cost Estimate...    15
Changes in Existing Law Made by the Bill, as Reported............    16

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    S. 1172, the Edward ``Ted'' Kaufman and Michael Leavitt 
Presidential Transitions Improvements Act of 2015, builds on 
the Pre-Presidential Transition Act of 2010 to mandate several 
processes that have been effective in past presidential 
transitions. The bill requires the interagency transition 
coordinating council to be established no later than six months 
before the presidential election, creates an Agency Transition 
Directors Council and Federal Transition Coordinator, and 
extends transition services from 30 to 180 days after 
inauguration day. The bill also requires a report to Congress 
on national security threats related to terrorism and border 
security during a transition.

                  BACKGROUND AND NEED FOR LEGISLATION

    The smooth transfer of executive power from one president 
to the next expresses American democratic ideals as no other 
single act does. In the modern world, a smooth transition 
requires meticulous planning and high standards to ensure both 
the continued seamless operation of day to day government 
operations, and the national security of the United States.
    Since 1963, Presidential transition procedures have been 
repeatedly amended in order to meet the security and monetary 
requirements of the day. Before 1963, the government had no 
fiscal responsibility to provide for transitions.\1\ Beginning 
with the Presidential Transitions Act of 1963, the Government 
Services Administration (GSA) was directed to provide the base 
framework including staff, office space, and agency 
liaisons.\2\ In 1988, the process was streamlined to ensure 
fiscal and resource responsibility.\3\ The transition model was 
again updated in 2000, to provide for political appointee 
training, and additional resources for the incoming 
President.\4\
---------------------------------------------------------------------------
    \1\Congressional Research Service (CRS) Presidential Transition 
Act: Provisions and Funding, RS22979, December 17, 2012.
    \2\Public Law 88-277.
    \3\Public Law 100-398.
    \4\Public Law 106-293.
---------------------------------------------------------------------------
    Before September 11, 2001, Presidential transitions took 
into account a broader national security view when addressing 
the format and timeline of executive power transfer.\5\ 
However, following the recommendations laid out in the report 
filed by the National Commission on Terrorist Attacks upon the 
United States (9/11 Commission), Congress passed the 
Intelligence Reform and Terrorism Prevention Act of 2004 
(IRTPA).\6\ Included in this legislation is a provision that 
requires high-level appointees to be vetted to the highest 
possible extent, and requires the President-elect to submit the 
names of candidates for high level national security positions 
for background checks so they may obtain security clearances 
and receive top-secret information the day after the 
election.\7\
---------------------------------------------------------------------------
    \5\CRS Presidential Transitions: Issues Involving Outgoing and 
Incoming Administrations RL34722, November 25, 2008.
    \6\Senate Report 49-010.
    \7\Public Law 108-458.
---------------------------------------------------------------------------
    The most recent legislation affecting the transition 
process is the Pre-Election Presidential Transition Act of 2010 
(PEPTA), which, for the first time, requires that major party 
candidates be included in transition procedures.\8\ The Act 
authorized the creation of an interagency council that oversees 
the transition process, consisting of senior officials who can 
guide the transition process. However, this council is not 
mandatory, leaving ambiguity for future presidential transition 
processes. Additionally, PEPTA expedited security clearances, 
and streamlined processes to provide for a smoother and safer 
transition.
---------------------------------------------------------------------------
    \8\Public Law 111-283.
---------------------------------------------------------------------------
    The bill discussed in this report, the Ted Kaufmann and 
Michael Leavitt Presidential Transitions Improvements Act of 
2015, builds upon PEPTA by further codifying transition 
procedures, ensuring that the foundation of the presidential 
transition team is built well before Election Day, and ensures 
that presidential candidates teams are informed and involved 
from day one. The bill expands the role of GSA, directing the 
GSA Administrator to designate a senior career appointee to the 
role of Federal Transition Coordinator, and mandates that the 
White House Transition Coordinating Council and the Agency 
Transition Directors Council be established not later than six 
months before Election Day. These councils will be responsible 
for overall guidance of the transition. The bill also requires 
the head of each agency to appoint a senior career employee to 
oversee transition planning and execution at the agency.
    The bill also directs GSA to provide human resource 
management support until the outcome of Election Day, and up to 
180 days following the inauguration. The bill further requires 
Office of Personnel Management (OPM) transition teams to 
provide to congress quarterly reports detailing the ``burrowing 
in'' of political appointees into civil service positions.

                          LEGISLATIVE HISTORY

    S. 1172, the Edward ``Ted'' Kaufman and Michael Leavitt 
Presidential Transitions Improvements Act of 2015, was 
introduced by Senator Tom Carper (D-DE) on April 30, 2015, and 
referred to the Senate committee on Homeland Security and 
Government Affairs (HSGAC). The bill was ordered favorably 
reported by HSGAC on July 27, 2015. The bill was received in 
the House and referred to the House Committee on Oversight and 
Government Reform on July 31, 2015.

                           Section-by-Section


Section 1. Short title

    Designates the short title of the bill as the ``Edward 
`Ted' Kaufman and Michael Leavitt Presidential Transitions 
Improvements Act of 2015.''

Section 2. Presidential transition improvements

    Requires the GSA Administrator to designate a senior career 
appointee as the Federal Transition Coordinator to carry out 
the duties and authorities of GSA relating to presidential 
transitions, to ensure that agencies comply with all statutory 
requirements relating to transition planning and reporting, and 
to serve as a liaison to eligible presidential candidates.
    Requires the renamed White House Transition Coordinating 
Council be established not later than six months before 
Election Day. This council will be responsible for providing 
guidance to agencies and the Federal Transition Coordinator, 
facilitating information sharing and communication between 
eligible candidates and senior officials in the White House and 
in federal agencies, and conducting inter-agency emergency 
preparedness and response exercises.
    Establishes an Agency Transition Directors Council, chaired 
by the Federal Transition Coordinator, to assist in developing 
an integrated government-wide transition strategy and ensure 
that any briefing material requested by eligible candidates be 
provided not later than November 1 in a presidential election 
year.
    Requires the head of each agency to designate a senior 
career employee of each major component and subcomponent of the 
agency to oversee transition activities. Also, not later than 
September 15 of a presidential election year, for each non-
career position the head of the agency determines is critical, 
the agency head shall designate a qualified career employee to 
serve in an acting capacity during the transition.
    Requires, to the greatest extent practicable, the 
negotiation of memorandums of understanding between the 
incumbent administration (acting through the Federal Transition 
Coordinator) and the transition teams of major candidates, not 
later than November 1 of a presidential election year.
    Makes clear that GSA may provide human resource management 
support as part of its transition services, and also clarifies 
that, in the event of a contested or undetermined election 
outcome, GSA can continue to provide services to the 
presidential contenders until the outcome of the election is 
determined. GSA may provide for transition services up to 180 
days after Inauguration Day (from 30 days).

Section 3. National Archives presidential transition

    Amends the Presidential Records Act to allow the National 
Archives and Records Administration (NARA) to include estimates 
of NARA's presidential activities in the budget submission for 
the fiscal year in which an incumbent president's first term 
would expire.

Section 4. Reports on political appointees appointed to nonpolitical 
        permanent positions

    Requires OPM to submit to the Oversight and Government 
Reform Committee, and the Homeland Security and Governmental 
Affairs Committee, quarterly reports regarding requests by 
agencies to appoint political appointees or former political 
appointees to nonpolitical civil service positions. These 
reports are required to include details on both the political 
and civil service positions related to each request and whether 
OPM approved or denied the request.

Section 5. Report on regulations promulgated near the end of 
        presidential terms

    Requires GAO to produce a report regarding regulations 
promulgated during the last 120-day period of presidential 
administrations ending in 2001, 2009 and 2017.

Section 6. Analysis of threats and vulnerabilities

    Requires the Secretary of Homeland Security to submit to 
Congress no later than February 15, 2016, a report analyzing 
the threats and vulnerabilities facing the United States during 
a presidential transition. The report shall identify and 
discuss vulnerabilities related to border security and threats 
related to terrorism, including from weapons of mass 
destruction; shall identify steps being taken to address the 
threats and vulnerabilities during a presidential transition; 
and may include recommendations for actions by components and 
agencies within the Department of Homeland Security.

                       Explanation of Amendments

    Chairman Jason Chaffetz (R-UT) offered an amendment in the 
nature of a substitute, which requires OPM to report on 
requests for current or former political appointees to civil 
service positions annually in the first three years of a 
presidential term and quarterly in the final year of each 
presidential term. The amendment also adjusts requirements for 
GAO to report on rulemaking during presidential transition 
years by clarifying which years and regulations will be 
covered. The amendment was adopted by unanimous consent.

                        Committee Consideration

    On October 9, 2015 the Committee met in open session and 
ordered reported favorably the bill, S. 1172, as amended, by 
unanimous consent, a quorum being present.

                            Roll Call Votes

    There were no recorded votes during Full Committee 
consideration of S. 1172.


              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill improves the process of presidential transitions. As 
such this bill does not relate to employment or access to 
public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective is to improve the process of presidential 
transitions.

                    Duplication of Federal Programs

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
this bill. However, clause 3(d)(2)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for this bill from the Director of 
Congressional Budget Office:

S. 1172--Edward ``Ted'' Kaufman and Michael Leavitt Presidential 
        Transitions Improvements Act of 2015

    S. 1172 would amend federal law to codify the process of 
transitioning from one presidential administration to another. 
The legislation would establish councils of federal employees 
to oversee and coordinate transition activities within the 
White House and across all federal agencies. S. 1172 also would 
require each agency to appoint staff to manage internal 
transition activities and several entities to submit reports on 
political appointees, regulations, and security vulnerabilities 
during presidential transitions. Finally, S. 1172 would extend 
the period of time during which the General Services 
Administration could spend funds on services and facilities for 
the incoming administration after the inauguration.
    According to major government agencies and non-profit 
organizations involved with previous presidential transitions, 
most of the legislation's provisions are similar to practices 
typically followed immediately preceding and following a 
presidential election. Therefore, CBO estimates that 
implementing this legislation would cost less than $500,000 
over the next five years. Enacting S. 1172 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    CBO estimates that enacting S. 1172 would not increase 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2026.
    S. 1172 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On June 16, 2015, CBO transmitted a cost estimate for S. 
1172 as ordered reported by the Senate Committee on Homeland 
Security and Governmental Affairs on May 6, 2015. The two 
versions of the legislation are similar, and the estimated 
costs are the same.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                  PRESIDENTIAL TRANSITION ACT OF 1963



           *       *       *       *       *       *       *
 services and facilities authorized to be provided to presidents-elect 
                       and vice-presidents-elect

  Sec. 3. (a) The Administrator of General Services, referred 
to hereafter in this Act as ``the Administrator,'' is 
authorized to provide, upon request, to each President-elect 
and each Vice-President-elect, for use in connection with his 
preparations for the assumption of official duties as President 
or Vice President necessary services and facilities, including 
the following:
          (1) Suitable office space appropriately equipped with 
        furniture, furnishings, office machines and equipment, 
        and office supplies, as determined by the 
        Administrator, after consultation with the President-
        elect, the Vice-President-elect, or their designee 
        provided for in subsection (e) of this section, at such 
        place or places within the United States as the 
        President-elect or Vice-President-elect shall 
        designate.
          (2) Payment of the compensation of members of office 
        staffs designated by the President-elect or Vice-
        President-elect at rates determined by them not to 
        exceed the rate provided by the Classification Act of 
        1949, as amended, for grade GS-18: Provided, That any 
        employee of any agency of any branch of the Government 
        may be detailed to such staffs on a reimbursable basis 
        with the consent of the head of the agency; and while 
        so detailed such employee shall be responsible only to 
        the President-elect or Vice-President-elect for the 
        performance of his duties: Provided further, That any 
        employee so detailed shall continue to receive the 
        compensation provided pursuant to law for his regular 
        employment, and shall retain the rights and privileges 
        of such employment without interruption. 
        Notwithstanding any other law, persons receiving 
        compensation as members of office staffs under this 
        subsection, other than those detailed from agencies, 
        shall not be held or considered to be employees of the 
        Federal Government except for purposes of the Civil 
        Service Retirement Act, the Federal Employees' 
        Compensation Act, the Federal Employees' Group Life 
        Insurance Act of 1954, and the Federal Employees Health 
        Benefits Act of 1959.
          (3) Payment of expenses for the procurement of 
        services of experts or consultants or organizations 
        thereof for the President-elect or Vice-President-
        elect, as authorized for the head of any department by 
        section 15 of the Administrative Expenses Act of 1946, 
        as amended (5 U.S.C. 55a),.
          (4)(A) Payment of travel expenses and subsistence 
        allowances, including rental of Government or hired 
        motor vehicles, found necessary by the President-elect 
        or Vice-President-elect, as authorized for persons 
        employed intermittently or for persons serving without 
        compensation by section 5 of the Administrative 
        Expenses Act of 1946, as amended (5 U.S.C. 73b-2), as 
        may be appropriate;
          (B) When requested by the President-elect or Vice-
        President-elect or their designee, and approved by the 
        President, Government aircraft may be provided for 
        transition purposes on a reimbursable basis; when 
        requested by the President-elect, the Vice-President-
        elect, or the designee of the President-elect or Vice-
        President-elect, aircraft may be chartered for 
        transition purposes; and any collections from the 
        Secret Service, press, or other occupying space on 
        chartered aircraft shall be deposited to the credit of 
        the appropriations made under [section 6] section 7 of 
        this Act.
          (5) Communications services found necessary by the 
        President-elect or Vice-President-elect.
          (6) Payment of expenses for necessary printing and 
        binding, notwithstanding the Act of January 12, 1895, 
        and the Act of March 1, 1919, as amended (44 U.S.C. 
        111).
          (7) Reimbursement to the postal revenues in amounts 
        equivalent to the postage that would otherwise be 
        payable on mail matter referred to in subsection (d) of 
        this section.
          (8)(A)(i) Not withstanding subsection (b), payment of 
        expenses during the transition and during the term of a 
        President for briefings, workshops, or other activities 
        to acquaint key prospective Presidential appointees 
        with the types of problems and challenges that most 
        typically confront new political appointees when they 
        make the transition from campaign and other prior 
        activities to assuming the responsibility for 
        governance [after inauguration].
          (ii) Activities under this paragraph may include 
        interchange between such appointees and individuals 
        who--
                  (I) held similar leadership roles in prior 
                administrations;
                  (II) are department or agency experts from 
                the Office of Management and Budget or an 
                Office of Inspector General of a department or 
                agency; or
                  (III) are relevant staff from the General 
                Accounting Office.
          (iii) Activities under this paragraph may include 
        training or orientation in records management to comply 
        with section 2203 of title 44, United States Code, 
        including training on the separation of Presidential 
        records and personal records to comply with subsection 
        (b) of that section.
          (iv) Activities under this paragraph may include 
        training or orientation in human resources management 
        and performance-based management.
                          (v) Activities under this paragraph 
                        shall include the preparation of a 
                        detailed classified, compartmented 
                        summary by the relevant outgoing 
                        executive branch officials of specific 
                        operational threats to national 
                        security; major military or covert 
                        operations; and pending decisions on 
                        possible uses of military force. This 
                        summary shall be provided to the 
                        President-elect as soon as possible 
                        after the date of the general elections 
                        held to determine the electors of 
                        President and Vice President under 
                        section 1 or 2 of title 3, United 
                        States Code.
          (B) Activities under this paragraph shall be 
        conducted primarily for individuals the President-elect 
        or eligible candidate (as defined in subsection (h)(4)) 
        for President intends to nominate as department heads 
        or appoint to key positions in the Executive Office of 
        the President or Executive agencies (as defined in 
        section 105 of title 5, United States Code).
          (9)(A) Notwithstanding subsection (b), development of 
        a transition directory by the Administrator of General 
        Services Administration, in consultation with the 
        Archivist of the United States (head of the National 
        Archives and Records Administration) for activities 
        conducted under paragraph (8).
          (B) The transition directory shall be a compilation 
        of Federal publications and materials with 
        supplementary materials developed by the Administrator 
        that provides information on the officers, 
        organization, and statutory and administrative 
        authorities, functions, duties, responsibilities, and 
        mission of each department and agency.
          (10) Notwithstanding subsection (b), consultation by 
        the Administrator with any President-elect, Vice-
        President-elect, or eligible candidate (as defined in 
        subsection (h)(4)) to develop a systems architecture 
        plan for the computer and communications systems of the 
        candidate to coordinate a transition to Federal systems 
        if the candidate is elected 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.
  (b) The Administrator may not expend funds for the provision 
of services and facilities under [section 3 of this Act] this 
section in connection with any obligations incurred by the 
President-elect or Vice-President-elect--
          (1) before the day following the date of the general 
        elections held to determine the electors of President 
        and Vice President under section 1 or 2 of title 3, 
        United States Code; or
          (2) after [30 days] 180 days after the date of the 
        inauguration of the President-elect as President and 
        the inauguration of the Vice-President-elect as Vice 
        President.
  (c) The terms ``President-elect'' and ``Vice-President-
elect'' as used in this Act shall mean such persons as are the 
apparent successful candidates for the office of President and 
Vice President, respectively, as ascertained by the 
Administrator following the general elections held to determine 
the electors of President and Vice President in accordance with 
title 3, United States Code, sections 1 and 2.
  (d) Each President-elect shall be entitled to conveyance 
within the United States and its territories and possessions of 
all mail matter, including airmail, sent by him in connection 
with his preparations for the assumption of official duties as 
President, and such mail matter shall be transmitted as penalty 
mail as provided in title 39, United States Code, section 4152. 
Each Vice-President-elect shall be entitled to conveyance 
within the United States and its territories and possessions of 
all mail matter, including airmail, sent by him under his 
written autograph signature in connection with his preparations 
for the assumption of official duties as Vice President.
  (e) Each President-elect and Vice-President-elect, or 
eligible candidate (as defined in subsection (h)(4)) for 
President or Vice-President, may designate to the Administrator 
an assistant authorized to make on his behalf such designations 
or findings of necessity as may be required in connection with 
the services and facilities to be provided under this Act. Not 
more than 10 per centum of the total expenditures under this 
Act for any President-elect or Vice-President-elect may be made 
upon the basis of a certificate by him or the assistant 
designated by him pursuant to this section that such 
expenditures are classified and are essential to the national 
security, and that they accord with the provisions of 
subsections (a), (b), and (d) of this section.
  (f)(1) The President-elect should submit to the Federal 
Bureau of Investigation or other appropriate agency and then, 
upon taking effect and designation, to the agency designated by 
the President under section 115(b) of the National Intelligence 
Reform Act of 2004, the names of candidates for high level 
national security positions through the level of undersecretary 
of cabinet departments as soon as possible after the date of 
the general elections held to determine the electors of 
President and Vice President under section 1 or 2 of title 3, 
United States Code.
  (2) The responsible agency or agencies shall undertake and 
complete as expeditiously as possible the background 
investigations necessary to provide appropriate security 
clearances to the individuals who are candidates described 
under paragraph (1) before the date of the inauguration of the 
President-elect as President and the inauguration of the Vice-
President-elect as Vice President.
  (g) In the case where the President-elect is the incumbent 
President or in the case where the Vice-President-elect is the 
incumbent Vice President, except for activities under 
subsection (a)(8)(A), there shall be no expenditures of funds 
for the provision of services and facilities to such incumbent 
under this Act, and any funds appropriated for such purposes 
shall be returned to the general funds of the Treasury.
  (h)(1)(A) In the case of an eligible candidate, the 
Administrator--
                  (i) shall notify the candidate of the 
                candidate's right to receive the services and 
                facilities described in paragraph (2) and shall 
                provide with such notice a description of the 
                nature and scope of each such service and 
                facility; and
                  (ii) upon notification by the candidate of 
                which such services and facilities such 
                candidate will accept, shall, notwithstanding 
                subsection (b), provide such services and 
                facilities to the candidate during the period 
                beginning on the date of the notification and 
                ending on the date of the general elections 
                described in subsection (b)(1).
        The Administrator shall also notify the candidate that 
        sections 7601(c) and 8403(b) of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 provide additional 
        services.
          (B) The Administrator shall provide the notice under 
        subparagraph (A)(i) to each eligible candidate--
                  (i) in the case of a candidate of a major 
                party (as defined in section 9002(6) of the 
                Internal Revenue Code of 1986), on one of the 
                first 3 business days following the last 
                nominating convention for such major parties; 
                and
                  (ii) in the case of any other candidate, as 
                soon as practicable after an individual becomes 
                an eligible candidate (or, if later, at the 
                same time as notice is provided under clause 
                (i)).
          (C)(i) The Administrator shall, not later than 12 
        months before the date of each general election for 
        President and Vice-President (beginning with the 
        election to be held in 2012), prepare a report 
        summarizing modern presidential transition activities, 
        including a bibliography of relevant resources.
          (ii) The Administrator shall promptly make the report 
        under clause (i) generally available to the public 
        (including through electronic means) and shall include 
        such report with the notice provided to each eligible 
        candidate under subparagraph (A)(i).
  (2)(A) Except as provided in subparagraph (B), the services 
and facilities described in this paragraph are the services and 
facilities described in subsection (a) (other than paragraphs 
(2), (3), (4), (7), and 8(A)(v) thereof), but only to the 
extent that the use of the services and facilities is for use 
in connection with the eligible candidate's preparations for 
the assumption of official duties as President or Vice-
President.
  (B) The Administrator--
          (i) shall determine the location of any office space 
        provided to an eligible candidate under this 
        subsection;
          (ii) shall, as appropriate, ensure that any computers 
        or communications services provided to an eligible 
        candidate under this subsection are secure;
          (iii) shall offer information and other assistance to 
        eligible candidates on an equal basis and without 
        regard to political affiliation; and
          (iv) may modify the scope of any services to be 
        provided under this subsection to reflect that the 
        services are provided to eligible candidates rather 
        than the President-elect or Vice-President-elect, 
        except that any such modification must apply to all 
        eligible candidates.
  (C) An eligible candidate, or any person on behalf of the 
candidate, shall not use any services or facilities provided 
under this subsection other than for the purposes described in 
subparagraph (A), and the candidate or the candidate's campaign 
shall reimburse the Administrator for any unauthorized use of 
such services or facilities.
  (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.
  (3)(A) Notwithstanding any other provision of law, an 
eligible candidate may establish a separate fund for the 
payment of expenditures in connection with the eligible 
candidate's preparations for the assumption of official duties 
as President or Vice-President, including expenditures in 
connection with any services or facilities provided under this 
subsection (whether before such services or facilities are 
available under this section or to supplement such services or 
facilities when so provided). Such fund shall be established 
and maintained in such manner as to qualify such fund for 
purposes of section 501(c)(4) of the Internal Revenue Code of 
1986.
  (B)(i) The eligible candidate may--
                  (I) transfer to any separate fund established 
                under subparagraph (A) contributions (within 
                the meaning of section 301(8) of the Federal 
                Election Campaign Act of 1971 (2 U.S.C. 
                431(8))) the candidate received for the general 
                election for President or Vice-President or 
                payments from the Presidential Election 
                Campaign Fund under chapter 95 of the Internal 
                Revenue Code of 1986 the candidate received for 
                the general election; and
                  (II) solicit and accept amounts for receipt 
                by such separate fund.
          (ii) Any expenditures from the separate fund that are 
        made from such contributions or payments described in 
        clause (i)(I) shall be treated as expenditures (within 
        the meaning of section 301(9) of such Act (2 U.S.C. 
        431(9))) or qualified campaign expenses (within the 
        meaning of section 9002(11) of such Code), whichever is 
        applicable.
          (iii) An eligible candidate establishing a separate 
        fund under subparagraph (A) shall (as a condition for 
        receiving services and facilities described in 
        paragraph (2)) comply with all requirements and 
        limitations of [section 5] section 6 in soliciting or 
        expending amounts in the same manner as the President-
        elect or Vice-President-elect, including reporting on 
        the transfer and expenditure of amounts described in 
        subparagraph (B)(i) in the disclosures required by 
        [section 5] section 6.
  (4)(A) In this subsection, the term ``eligible candidate'' 
means, with respect to any presidential election (as defined in 
section 9002(10) of the Internal Revenue Code of 1986)--
          (i) a candidate of a major party (as defined in 
        section 9002(6) of such Code) for President or Vice-
        President of the United States; and
          (ii) any other candidate who has been determined by 
        the Administrator to be among the principal contenders 
        for the general election to such offices.
  (B) In making a determination under subparagraph (A)(ii), the 
Administrator shall--
          (i) ensure that any candidate determined to be an 
        eligible candidate under such subparagraph--
                  (I) meets the requirements described in 
                Article II, Section 1, of the United States 
                Constitution for eligibility to the office of 
                President;
                  (II) has qualified to have his or her name 
                appear on the ballots of a sufficient number of 
                States such that the total number of electors 
                appointed in those States is greater than 50 
                percent of the total number of electors 
                appointed in all of the States; and
                  (III) has demonstrated a significant level of 
                public support in national public opinion 
                polls, so as to be realistically considered 
                among the principal contenders for President or 
                Vice-President of the United States; and
          (ii) consider whether other national organizations 
        have recognized the candidate as being among the 
        principal contenders for the general election to such 
        offices, including whether the Commission on 
        Presidential Debates has determined that the candidate 
        is eligible to participate in the candidate debates for 
        the general election to such offices.

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.

services and facilities authorized to be provided to former presidents 
                       and former vice presidents

  Sec. [4.]  5. The Administrator is authorized to provide, 
upon request to each former President and each former Vice 
President, for a period not to exceed seven months from 30 days 
before the date of the expiration of his term of office as 
President or Vice President, for use in connection with winding 
up the affairs of his office, necessary, services and 
facilities of the same general character as authorized by this 
Act to be provided to Presidents-elect and Vice-Presidents-
elect. Any person appointed or detailed to serve a former 
President or former Vice President under authority of this 
section shall be appointed or detailed in accordance with, and 
shall be subject to, all of the provisions of section 3 of this 
Act applicable to persons appointed or detailed under authority 
of that section. The provisions of the Act of August 25, 1958 
(72 Stat. 838; 3 U.S.C. 102, note), other than subsections (a) 
and (e) shall not become effective with respect to a former 
President until six months after the expiration of his term of 
office as President.

           *       *       *       *       *       *       *


  disclosures of financing and personnel; limitation on acceptance of 
                               donations

  Sec. [5.]  6. (a)(1) The President-elect and Vice-President-
elect (as a condition for receiving services under section 3 
and for funds provided under [section 6(a)(1)] section 7(a)(1) 
shall disclose to the Administrator the date of contribution, 
source, amount, and expenditure thereof of all money, other 
than funds from the Federal Government, and including currency 
of the United States and of any foreign nation, checks, money 
orders, or any other negotiable instruments payable on demand, 
received either before or after the date of the general 
elections for use in the preparation of the President-elect or 
Vice-President-elect for the assumption of official duties as 
President or Vice President.
  (2) The President-elect and Vice-President-elect (as a 
condition for receiving such services and funds) shall make 
available to the Administrator and the Comptroller General all 
information concerning such contributions as the Administrator 
or Comptroller General may require for purposes of auditing 
both the public and private funding used in the activities 
authorized by this Act.
  (3) Disclosures made under paragraph (1) shall be--
          (A) in the form of a report to the Administrator 
        within 30 days after the inauguration of the President-
        elect as President and the Vice-President-elect as Vice 
        President; and
          (B) made available to the public by the Administrator 
        upon receipt by the Administrator.
  (b)(1) The President-elect and Vice-President-elect (as a 
condition for receiving services provided under section 3 and 
funds provided under [section 6(a)(1)] section 7(a)(1) ) shall 
make available to the public--
          (A) the names and most recent employment of all 
        transition personnel (full-time or part-time, public or 
        private, or volunteer) who are members of the 
        President-elect or Vice-President-elect's Federal 
        department or agency transition teams; and
          (B) information regarding the sources of funding 
        which support the transition activities of each 
        transition team member.
  (2) Disclosures under paragraph (1) shall be made public 
before the initial transition team contact with a Federal 
department or agency and shall be updated as necessary.
  (c) The President-elect and Vice-President-elect (as a 
condition for receiving services under section 3 and for funds 
provided under [section 6(a)(1)] section 7(a)(1) ) shall not 
accept more than $5,000 from any person, organization, or other 
entity for purposes of carrying out activities authorized by 
this Act.

                    authorization of appropriations

  Sec. [6.]  7. (a) There are hereby authorized to be 
appropriated to the Administrator such funds as may be 
necessary for carrying out the purposes of this Act, except 
that with respect to any one Presidential transition--
          (1) not more than $3,500,000 may be appropriated for 
        the purposes of providing services and facilities to 
        the President-elect and Vice President-elect under 
        section 3, and
          (2) not more than $1,500,000 may be appropriated for 
        the purposes of providing services and facilities to 
        the former President and former Vice President under 
        [section 4] section 5 , except that any amount 
        appropriated pursuant to this paragraph in excess of 
        $1,250,000 shall be returned to the general fund of the 
        Treasury in the case where the former Vice President is 
        the incumbent President.
The President shall include in the budget transmitted to 
Congress, for each fiscal year in which his regular term of 
office will expire, a proposed appropriation for carrying out 
the purposes of this Act.
  (b) The amount authorized to be appropriated under subsection 
(a) shall be increased by an inflation adjusted amount, based 
on increases in the cost of transition services and expenses 
which have occurred in the years following the most recent 
Presidential transition, and shall be included in the proposed 
appropriation transmitted by the President under the last 
sentence of subsection (a).
                              ----------                              


            PRE-ELECTION PRESIDENTIAL TRANSITION ACT OF 2010



           *       *       *       *       *       *       *
[SEC. 3. AUTHORIZATION OF TRANSITION ACTIVITIES BY THE INCUMBENT 
                    ADMINISTRATION.

  [(a) In General.--The President of the United States, or the 
President's delegate, may 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--
          [(1) the establishment and operation of a transition 
        coordinating council comprised of--
                  [(A) high-level officials 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 of 
                the General Services Administration, the 
                Director of the Office of Personnel Management, 
                the Director of the Office of Government 
                Ethics, and the Archivist of the United States, 
                and
                  [(B) any other persons the President 
                determines appropriate;
          [(2) the establishment and operation of an agency 
        transition directors council which includes career 
        employees designated to lead transition efforts within 
        Executive Departments or agencies;
          [(3) the development of guidance to Executive 
        Departments and agencies regarding briefing materials 
        for an incoming administration, and the development of 
        such materials; and
          [(4) the development of computer software, 
        publications, contingency plans, issue memoranda, 
        memoranda of understanding, training and exercises 
        (including crisis training and exercises), programs, 
        lessons learned from previous transitions, and other 
        items appropriate for improving the effectiveness and 
        efficiency of a Presidential transition that may be 
        disseminated to eligible candidates (as defined in 
        section 3(h)(4) of the Presidential Transition Act of 
        1963, as added by section 2(a)) and to the President-
        elect and Vice-President-elect.
Any information and other assistance to eligible candidates 
under this subsection shall be offered on an equal basis and 
without regard to political affiliation.
  [(b) Reports.--
          [(1) In General.-- The President of the United 
        States, or the President's delegate, shall provide 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 the Executive Departments and agencies to prepare 
        for the transfer of power to a new President.
          [(2) Timing.-- The reports under paragraph (1) shall 
        be provided six months and three months before the date 
        of the general election for the Office of President of 
        the United States.]

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART G--INSURANCE AND ANNUITIES

           *       *       *       *       *       *       *


CHAPTER 83--RETIREMENT

           *       *       *       *       *       *       *


                SUBCHAPTER III--CIVIL SERVICE RETIREMENT

Sec. 8331. Definitions

   For the purpose of this subchapter--
          (1) ``employee'' means--
                  (A) an employee as defined by section 2105 of 
                this title;
                  (B) the Architect of the Capitol, an employee 
                of the Architect of the Capitol, and an 
                employee of the Botanic Garden;
                  (C) a Congressional employee as defined by 
                section 2107 of this title (other than the 
                Architect of the Capitol, an employee of the 
                Architect of the Capitol, and an employee of 
                the Botanic Garden), after he gives notice in 
                writing to the official by whom he is paid of 
                his desire to become subject to this 
                subchapter;
                  (D) a temporary Congressional employee 
                appointed at an annual rate of pay, after he 
                gives notice in writing to the official by whom 
                he is paid of his desire to become subject to 
                this subchapter;
                  (E) a United States Commissioner whose total 
                pay for services performed as Commissioner is 
                not less than $3,000 in each of the last 3 
                consecutive calendar years ending after 
                December 31, 1954;
                  (F) an individual employed by a county 
                committee established under section 590h(b) of 
                title 16;
                  (G) an individual first employed by the 
                government of the District of Columbia before 
                October 1, 1987;
                  (H) an individual employed by Gallaudet 
                College;
                  (I) an individual appointed to a position on 
                the office staff of a former President under 
                section 1(b) of the Act of August 25, 1958 (72 
                Stat. 838);
                  (J) an alien (i) who was previously employed 
                by the Government, (ii) who is employed full 
                time by a foreign government for the purpose of 
                protecting or furthering the interests of the 
                United States during an interruption of 
                diplomatic or consular relations, and (iii) for 
                whose services reimbursement is made to the 
                foreign government by the United States;
                  (K) an individual appointed to a position on 
                the office staff of a former President, or a 
                former Vice President under [section 4] section 
                5 of the Presidential Transition Act of 1963, 
                as amended (78 Stat. 153), who immediately 
                before the date of such appointment was an 
                employee as defined under any other 
                subparagraph of this paragraph; and
                  (L) an employee described in section 2105(c) 
                who has made an election under section 
                8347(q)(1) to remain covered under this 
                subchapter;
        but does not include--
                  (i) a justice or judge of the United States 
                as defined by section 451 of title 28;
                  (ii) an employee subject to another 
                retirement system for Government employees 
                (besides any employee excluded by clause (x), 
                but including any employee who has made an 
                election under section 8347(q)(2) to remain 
                covered by a retirement system established for 
                employees described in section 2105(c));
                  (iii) an employee or group of employees in or 
                under an Executive agency excluded by the 
                Office of Personnel Management under section 
                8347(g) of this title;
                  (iv) an individual or group of individuals 
                employed by the government of the District of 
                Columbia excluded by the Office under section 
                8347(h) of this title;
                  (v) an employee of the Administrative Office 
                of the United States Courts, the Federal 
                Judicial Center, or a court named by section 
                610 of title 28, excluded by the Director of 
                the Administrative Office under section 8347(o) 
                of this title;
                  (vi) a construction employee or other 
                temporary, part-time, or intermittent employee 
                of the Tennessee Valley Authority;
                  (vii) an employee under the Office of the 
                Architect of the Capitol excluded by the 
                Architect of the Capitol under section 8347(i) 
                of this title;
                  (viii) an employee under the Library of 
                Congress excluded by the Librarian of Congress 
                under section 8347(j) of this title;
                  (ix) a student-employee as defined by section 
                5351 of this title;
                  (x) an employee subject to the Federal 
                Employees' Retirement System;
                  (xi) an employee under the Botanic Garden 
                excluded by the Director or Acting Director of 
                the Botanic Garden under section 8347(l) of 
                this title; or
                  (xii) a member of the Foreign Service (as 
                described in section 103(6) of the Foreign 
                Service Act of 1980), appointed after December 
                31, 1987.
        Notwithstanding this paragraph, the employment of a 
        teacher in the recess period between two school years 
        in a position other than a teaching position in which 
        he served immediately before the recess period does not 
        qualify the individual as an employee for the purpose 
        of this subchapter. For the purpose of the preceding 
        sentence, ``teacher'' and ``teaching position'' have 
        the meanings given them by section 901 of title 20;
          (2) ``Member'' means a Member of Congress as defined 
        by section 2106 of this title, after he gives notice in 
        writing to the official by whom he is paid of his 
        desire to become subject to this subchapter, but does 
        not include any such Member of Congress who is subject 
        to the Federal Employees' Retirement System or who 
        makes an election under section 8401(20) of this title 
        not to be subject to such System;
          (3) ``basic pay'' includes--
                  (A) the amount a Member received from April 
                1, 1954, to February 28, 1955, as expense 
                allowance under section 601(b) of the 
                Legislative Reorganization Act of 1946 (60 
                Stat. 850), as amended; and that amount from 
                January 3, 1953, to March 31, 1954, if deposit 
                is made therefor as provided by section 8334 of 
                this title;
                  (B) additional pay provided by--
                          (i) subsection (a) of section 60e-7 
                        of title 2 and the provisions of law 
                        referred to by that subsection; and
                          (ii) sections 60e-8, 60e-9, 60e-10, 
                        60e-11, 60e-12, 60e-13, and 60e-14 of 
                        title 2;
                  (C) premium pay under section 5545(c)(1) of 
                this title;
                  (D) with respect to a law enforcement 
                officer, premium pay under section 5545(c)(2) 
                of this title;
                  (E) availability pay--
                          (i) received by a criminal 
                        investigator under section 5545a of 
                        this title; or
                          (ii) received after September 11, 
                        2001, by a Federal air marshal of the 
                        Department of Transportation, subject 
                        to all restrictions and earning 
                        limitations imposed on criminal 
                        investigators under section 5545a;
                  (F) pay as provided in section 5545b (b)(2) 
                and (c)(2);
                  (G) with respect to a customs officer 
                (referred to in subsection (e)(1) of section 5 
                of the Act of February 13, 1911), compensation 
                for overtime inspectional services provided for 
                under subsection (a) of such section 5, but not 
                to exceed 50 percent of any statutory maximum 
                in overtime pay for customs officers which is 
                in effect for the year involved;
                  (H) any amount received under section 5948 
                (relating to physicians comparability 
                allowances); and
                  (I) with respect to a border patrol agent, 
                the amount of supplemental pay received through 
                application of the level 1 border patrol rate 
                of pay or the level 2 border patrol rate of pay 
                for scheduled overtime within the regular tour 
                of duty of the border patrol agent as provided 
                in section 5550;
        but does not include bonuses, allowances, overtime pay, 
        military pay, pay given in addition to the base pay of 
        the position as fixed by law or regulation except as 
        provided by subparagraphs (B) through (I) of this 
        paragraph retroactive pay under section 5344 of this 
        title in the case of a retired or deceased employee, 
        uniform allowances under section 5901 of this title, or 
        lump-sum leave payments under subchapter VI of chapter 
        55 of this title. For an employee paid on a fee basis, 
        the maximum amount of basic pay which may be used is 
        $10,000;
          (4) ``average pay'' means the largest annual rate 
        resulting from averaging an employee's or Member's 
        rates of basic pay in effect over any 3 consecutive 
        years of creditable service or, in the case of an 
        annuity under subsection (d) or (e)(1) of section 8341 
        of this title based on service of less than 3 years, 
        over the total service, with each rate weighted by the 
        time it was in effect;
          (5) ``Fund'' means the Civil Service Retirement and 
        Disability Fund;
          (7) ``Government'' means the Government of the United 
        States, the government of the District of Columbia, 
        Gallaudet University, and, in the case of an employee 
        described in paragraph (1)(L), a nonappropriated fund 
        instrumentality of the Department of Defense or the 
        Coast Guard described in section 2105(c);
          (8) ``lump-sum credit'' means the unrefunded amount 
        consisting of--
                  (A) retirement deductions made from the basic 
                pay of an employee or Member;
                  (B) amounts deposited by an employee or 
                Member covering earlier service, including any 
                amounts deposited under section 8334(j) of this 
                title; and
                  (C) interest on the deductions and deposits 
                at 4 percent a year to December 31, 1947, and 3 
                percent a year thereafter compounded annually 
                to December 31, 1956, or, in the case of an 
                employee or Member separated or transferred to 
                a position in which he does not continue 
                subject to this subchapter before he has 
                completed 5 years of civilian service, to the 
                date of the separation or transfer;
        but does not include interest--
                  (i) if the service covered thereby aggregates 
                1 year or less; or
                  (ii) for the fractional part of a month in 
                the total service;
          (9) ``annuitant'' means a former employee or Member 
        who, on the basis of his service, meets all 
        requirements of this subchapter for title to annuity 
        and files claim therefor;
          (10) ``survivor'' means an individual entitled to 
        annuity under this subchapter based on the service of a 
        deceased employee, Member, or annuitant;
          (11) ``survivor annuitant'' means a survivor who 
        files claim for annuity;
          (12) ``service'' means employment creditable under 
        section 8332 of this title;
          (13) ``military service'' means honorable active 
        service--
                  (A) in the armed forces;
                  (B) in the Regular or Reserve Corps of the 
                Public Health Service after June 30, 1960; or
                  (C) as a commissioned officer of the 
                Environmental Science Services Administration 
                after June 30, 1961;
        and includes service as a cadet at the United States 
        Military Academy, the United States Air Force Academy, 
        or the United States Coast Guard Academy, or as a 
        midshipman at the United States Naval Academy, but does 
        not include service in the National Guard except when 
        ordered to active duty in the service of the United 
        States or full-time National Guard duty (as such term 
        is defined in section 101(d) of title 10) if such 
        service interrupts creditable civilian service under 
        this subchapter and is followed by reemployment in 
        accordance with chapter 43 of title 38 that occurs on 
        or after August 1, 1990;
          (14) ``Member service'' means service as a Member and 
        includes the period from the date of the beginning of 
        the term for which elected or appointed to the date on 
        which he takes office as a Member;
          (15) ``price index'' means the Consumer Price Index 
        (all items - United States city average) published 
        monthly by the Bureau of Labor Statistics;
          (16) ``base month'' means the month for which the 
        price index showed a percent rise forming the basis for 
        a cost-of-living annuity increase;
          (17) ``normal-cost percentage'' means the entry-age 
        normal cost computed by the Office of Personnel 
        Management in accordance with generally accepted 
        actuarial practice and standards (using dynamic 
        assumptions) and expressed as a level percentage of 
        aggregate basic pay;
          (18) ``Fund balance'' means the current net assets of 
        the Fund available for payment of benefits, as 
        determined by the Office in accordance with appropriate 
        accounting standards, but does not include any amount 
        attributable to--
                  (A) the Federal Employees' Retirement System; 
                or
                  (B) contributions made under the Federal 
                Employees' Retirement Contribution Temporary 
                Adjustment Act of 1983 by or on behalf of any 
                individual who became subject to the Federal 
                Employees' Retirement System;
          (19) ``unfunded liability'' means the estimated 
        excess of the present value of all benefits payable 
        from the Fund to employees and Members, and former 
        employees and Members, subject to this subchapter, and 
        to their survivors, over the sum of--
                  (A) the present value of deductions to be 
                withheld from the future basic pay of employees 
                and Members currently subject to this 
                subchapter and of future agency contributions 
                to be made in their behalf; plus
                  (B) the present value of Government payments 
                to the Fund under section 8348(f) of this 
                title; plus
                  (C) the Fund balance as of the date the 
                unfunded liability is determined;
          (20) ``law enforcement officer'' means an employee, 
        the duties of whose position are primarily the 
        investigation, apprehension, or detention of 
        individuals suspected or convicted of offenses against 
        the criminal laws of the United States, including an 
        employee engaged in this activity who is transferred to 
        a supervisory or administrative position. For the 
        purpose of this paragraph, ``detention'' includes the 
        duties of--
                  (A) employees of the Bureau of Prisons and 
                Federal Prison Industries, Incorporated;
                  (B) employees of the Public Health Service 
                assigned to the field service of the Bureau of 
                Prisons or of the Federal Prison Industries, 
                Incorporated;
                  (C) employees in the field service at Army or 
                Navy disciplinary barracks or at confinement 
                and rehabilitation facilities operated by any 
                of the armed forces; and
                  (D) employees of the Department of 
                Corrections of the District of Columbia, its 
                industries and utilities;
        whose duties in connection with individuals in 
        detention suspected or convicted of offenses against 
        the criminal laws of the United States or of the 
        District of Columbia or offenses against the punitive 
        articles of the Uniformed Code of Military Justice 
        (chapter 47 of title 10) require frequent (as 
        determined by the appropriate administrative authority 
        with the concurrence of the Office) direct contact with 
        these individuals in their detention, direction, 
        supervision, inspection, training, employment, care, 
        transportation, or rehabilitation;
          (21) ``firefighter'' means an employee, the duties of 
        whose position are primarily to perform work directly 
        connected with the control and extinguishment of fires 
        or the maintenance and use of firefighting apparatus 
        and equipment, including an employee engaged in this 
        activity who is transferred to a supervisory or 
        administrative position;
          (22) ``bankruptcy judge'' means an individual--
                  (A) who is appointed under section 34 of the 
                Bankruptcy Act (11 U.S.C. 62) or under section 
                404(d) of the Act of November 6, 1978 (Public 
                Law 95-598; 92 Stat. 2549), and--
                          (i) who is serving as a United States 
                        bankruptcy judge on March 31, 1984; or
                          (ii) whose service as a United States 
                        bankruptcy judge at any time in the 
                        period beginning on October 1, 1979, 
                        and ending on July 10, 1984, is 
                        terminated by reason of death or 
                        disability; or
                  (B) who is appointed as a bankruptcy judge 
                under section 152 of title 28;
          (23) ``former spouse'' means a former spouse of an 
        individual--
                  (A) if such individual performed at least 18 
                months of civilian service covered under this 
                subchapter as an employee or Member, and
                  (B) if the former spouse was married to such 
                individual for at least 9 months;
          (24) ``Indian court'' means an Indian court as 
        defined by section 201(3) of the Act entitled ``An Act 
        to prescribe penalties for certain acts of violence or 
        intimidation, and for other purposes'', approved April 
        11, 1968 (25 U.S.C. 1301(3); 82 Stat. 77);
          (25) ``magistrate judge'' or ``United States 
        magistrate judge'' means an individual appointed under 
        section 631 of title 28;
          (26) ``Court of Federal Claims judge'' means a judge 
        of the United States Court of Federal Claims who is 
        appointed under chapter 7 of title 28 or who has served 
        under section 167 of the Federal Courts Improvement Act 
        of 1982;
          (27) ``Nuclear materials courier''--
                  (A) means an employee of the Department of 
                Energy, the duties of whose position are 
                primarily to transport, and provide armed 
                escort and protection during transit of, 
                nuclear weapons, nuclear weapon components, 
                strategic quantities of special nuclear 
                materials or other materials related to 
                national security; and
                  (B) includes an employee who is transferred 
                directly to a supervisory or administrative 
                position within the same Department of Energy 
                organization, after performing duties referred 
                to in subparagraph (A) for at least 3 years;
          (28) ``Government physician'' has the meaning given 
        that term under section 5948;
          (29) ``dynamic assumptions'' means economic 
        assumptions that are used in determining actuarial 
        costs and liabilities of a retirement system and in 
        anticipating the effects of long-term future--
                  (A) investment yields;
                  (B) increases in rates of basic pay; and
                  (C) rates of price inflation;
          (30) the term ``air traffic controller'' or 
        ``controller'' means--
                  (A) a controller within the meaning of 
                section 2109(1); and
                  (B) a civilian employee of the Department of 
                Transportation or the Department of Defense who 
                is the immediate supervisor of a person 
                described in section 2109(1)(B);
          (31) ``customs and border protection officer'' means 
        an employee in the Department of Homeland Security (A) 
        who holds a position within the GS-1895 job series 
        (determined applying the criteria in effect as of 
        September 1, 2007) or any successor position, and (B) 
        whose duties include activities relating to the arrival 
        and departure of persons, conveyances, and merchandise 
        at ports of entry, including any such employee who is 
        transferred directly to a supervisory or administrative 
        position in the Department of Homeland Security after 
        performing such duties (as described in subparagraph 
        (B)) in 1 or more positions (as described in 
        subparagraph (A)) for at least 3 years; and
          (32) ``Director'' means the Director of the Office of 
        Personnel Management.

           *       *       *       *       *       *       *


                       CHAPTER 87--LIFE INSURANCE

Sec. 8701. Definitions

  (a) For the purpose of this chapter, ``employee'' means--
          (1) an employee as defined by section 2105 of this 
        title;
          (2) a Member of Congress as defined by section 2106 
        of this title;
          (3) a Congressional employee as defined by section 
        2107 of this title;
          (4) the President;
          (5) a justice or judge of the United States appointed 
        to hold office during good behavior (i) who is in 
        regular active judicial service, or (ii) who is retired 
        from regular active service under section 371(b) or 
        372(a) of title 28, United States Code, or (iii) who 
        has resigned the judicial office under section 371(a) 
        of title 28 with the continued right during the 
        remainder of his lifetime to receive the salary of the 
        office at the time of his resignation;
          (6) an individual first employed by the government of 
        the District of Columbia before October 1, 1987;
          (7) an individual employed by Gallaudet College;
          (8) an individual employed by a county committee 
        established under section 590h(b) of title 16;
          (9) an individual appointed to a position on the 
        office staff of a former President under section 1(b) 
        of the Act of August 25, 1958 (72 Stat. 838); and
          (10) an individual appointed to a position on the 
        office staff of a former President, or a former Vice 
        President under [section 4] section 5 of the 
        Presidential Transition Act of 1963, as amended (78 
        Stat. 153), who immediately before the date of such 
        appointment was an employee as defined under any other 
        paragraph of this subsection;
but does not include--
          (A) an employee of a corporation supervised by the 
        Farm Credit Administration if private interests elect 
        or appoint a member of the board of directors;
          (B) an individual who is not a citizen or national of 
        the United States and whose permanent duty station is 
        outside the United States, unless the individual was an 
        employee for the purpose of this chapter on September 
        30, 1979, by reason of service in an Executive agency, 
        the United States Postal Service, or the Smithsonian 
        Institution in the area which was then known as the 
        Canal Zone; or
          (C) an employee excluded by regulation of the Office 
        of Personnel Management under section 8716(b) of this 
        title.
  (b) Notwithstanding subsection (a) of this section, the 
employment of a teacher in the recess period between two school 
years in a position other than a teaching position in which he 
served immediately before the recess period does not qualify 
the individual as an employee for the purpose of this chapter. 
For the purpose of this subsection, ``teacher'' and ``teaching 
position'' have the meanings given them by section 901 of title 
20.
  (c) For the purpose of this chapter, ``basic insurance 
amount'' means, in the case of any employee under this chapter, 
an amount equal to the greater of--
          (1) the annual rate of basic pay payable to the 
        employee, rounded to the next higher multiple of 
        $1,000, plus $2,000, or
          (2) $10,000.
In the case of any former employee entitled to coverage under 
this chapter, the term means the basic insurance amount 
applicable for the employee at the time the insurance to which 
the employee is entitled as an employee under this chapter 
stops pursuant to section 8706(a) of this title.
  (d)(1) For the purpose of this chapter, ``family member'', 
when used with respect to any individual, means--
          (A) the spouse of the individual; and
          (B) an unmarried dependent child of the individual 
        (other than a stillborn child), including an adopted 
        child, stepchild or foster child (but only if the 
        stepchild or foster child lived with the individual in 
        a regular parent-child relationship), or recognized 
        natural child--
                  (i) who is less than 22 years of age, or
                  (ii) who is 22 years of age or older and is 
                incapable of self-support because of a mental 
                or physical disability which existed before the 
                child became 22 years of age.
  (2) For the purpose of this subsection, ``dependent'', in the 
case of any child, means that the individual involved was, at 
the time of the child's death, either living with or 
contributing to the support of the child, as determined in 
accordance with the regulations the Office shall prescribe.

           *       *       *       *       *       *       *


                      CHAPTER 89--HEALTH INSURANCE

Sec. 8901. Definitions

   For the purpose of this chapter--
          (1) ``employee'' means--
                  (A) an employee as defined by section 2105 of 
                this title;
                  (B) a Member of Congress as defined by 
                section 2106 of this title;
                  (C) a Congressional employee as defined by 
                section 2107 of this title;
                  (D) the President;
                  (E) an individual first employed by the 
                government of the District of Columbia before 
                October 1, 1987;
                  (F) an individual employed by Gallaudet 
                College;
                  (G) an individual employed by a county 
                committee established under section 590h(b) of 
                title 16;
                  (H) an individual appointed to a position on 
                the office staff of a former President under 
                section 1(b) of the Act of August 25, 1958 (72 
                Stat. 838);
                  (I) an individual appointed to a position on 
                the office staff of a former President, or a 
                former Vice President under [section 4] section 
                5 of the Presidential Transition Act of 1963, 
                as amended (78 Stat. 153), who immediately 
                before the date of such appointment was an 
                employee as defined under any other 
                subparagraph of this paragraph; and
                  (J) an individual who is employed by the 
                Roosevelt Campobello International Park 
                Commission and is a citizen of the United 
                States,
        but does not include--
                  (i) an employee of a corporation supervised 
                by the Farm Credit Administration if private 
                interests elect or appoint a member of the 
                board of directors;
                  (ii) an individual who is not a citizen or 
                national of the United States and whose 
                permanent duty station is outside the United 
                States, unless the individual was an employee 
                for the purpose of this chapter on September 
                30, 1979, by reason of service in an Executive 
                agency, the United States Postal Service, or 
                the Smithsonian Institution in the area which 
                was then known as the Canal Zone;
                  (iii) an employee of the Tennessee Valley 
                Authority; or
                  (iv) an employee excluded by regulation of 
                the Office of Personnel Management under 
                section 8913(b) of this title;
          (2) ``Government'' means the Government of the United 
        States and the government of the District of Columbia;
          (3) ``annuitant'' means--
                  (A) an employee who retires--
                          (i) on an immediate annuity under 
                        subchapter III of chapter 83 of this 
                        title, or another retirement system for 
                        employees of the Government, after 5 or 
                        more years of service;
                          (ii) under section 8412 or 8414 of 
                        this title;
                          (iii) for disability under subchapter 
                        III of chapter 83 of this title, 
                        chapter 84 of this title, or another 
                        retirement system for employees of the 
                        Government; or
                          (iv) on an immediate annuity under a 
                        retirement system established for 
                        employees described in section 2105(c), 
                        in the case of an individual who 
                        elected under section 8347(q)(2) or 
                        8461(n)(2) to remain subject to such a 
                        system;
                  (B) a member of a family who receives an 
                immediate annuity as the survivor of an 
                employee (including a family member entitled to 
                an amount under section 8442(b)(1)(A), whether 
                or not such family member is entitled to an 
                annuity under section 8442(b)(1)(B)) or of a 
                retired employee described by subparagraph (A) 
                of this paragraph;
                  (C) an employee who receives monthly 
                compensation under subchapter I of chapter 81 
                of this title and who is determined by the 
                Secretary of Labor to be unable to return to 
                duty; and
                  (D) a member of a family who receives monthly 
                compensation under subchapter I of chapter 81 
                of this title as the surviving beneficiary of--
                          (i) an employee who dies as a result 
                        of injury or illness compensable under 
                        that subchapter; or
                          (ii) a former employee who is 
                        separated after having completed 5 or 
                        more years of service and who dies 
                        while receiving monthly compensation 
                        under that subchapter and who has been 
                        held by the Secretary to have been 
                        unable to return to duty;
          (4) ``service'', as used by paragraph (3) of this 
        section, means service which is creditable under 
        subchapter III of chapter 83 or chapter 84 of this 
        title;
          (5) ``member of family'' means the spouse of an 
        employee or annuitant and an unmarried dependent child 
        under 22 years of age, including--
                  (A) an adopted child or recognized natural 
                child; and
                  (B) a stepchild or foster child but only if 
                the child lives with the employee or annuitant 
                in a regular parent-child relationship;
        or such an unmarried dependent child regardless of age 
        who is incapable of self-support because of mental or 
        physical disability which existed before age 22;
          (6) ``health benefits plan'' means a group insurance 
        policy or contract, medical or hospital service 
        agreement, membership or subscription contract, or 
        similar group arrangement provided by a carrier for the 
        purpose of providing, paying for, or reimbursing 
        expenses for health services;
          (7) ``carrier'' means a voluntary association, 
        corporation, partnership, or other nongovernmental 
        organization which is lawfully engaged in providing, 
        paying for, or reimbursing the cost of, health services 
        under group insurance policies or contracts, medical or 
        hospital service agreements, membership or subscription 
        contracts, or similar group arrangements, in 
        consideration of premiums or other periodic charges 
        payable to the carrier, including a health benefits 
        plan duly sponsored or underwritten by an employee 
        organization and an association of organizations or 
        other entities described in this paragraph sponsoring a 
        health benefits plan;
          (8) ``employee organization'' means--
                  (A) an association or other organization of 
                employees which is national in scope, or in 
                which membership is open to all employees of a 
                Government agency who are eligible to enroll in 
                a health benefits plan under this chapter and 
                which, after December 31, 1978, and before 
                January 1, 1980, applied to the Office for 
                approval of a plan provided under section 
                8903(3) of this title; and
                  (B) an association or other organization 
                which is national in scope, in which membership 
                is open only to employees, annuitants, or 
                former spouses, or any combination thereof, and 
                which, during the 90-day period beginning on 
                the date of enactment of section 8903a of this 
                title, applied to the Office for approval of a 
                plan provided under such section;
          (9) ``dependent'', in the case of any child, means 
        that the employee or annuitant involved is either 
        living with or contributing to the support of such 
        child, as determined in accordance with such 
        regulations as the Office shall prescribe;
          (10) ``former spouse'' means a former spouse of an 
        employee, former employee, or annuitant--
                  (A) who has not remarried before age 55 after 
                the marriage to the employee, former employee, 
                or annuitant was dissolved,
                  (B) who was enrolled in an approved health 
                benefits plan under this chapter as a family 
                member at any time during the 18-month period 
                before the date of the dissolution of the 
                marriage to the employee, former employee, or 
                annuitant, and
                  (C)(i) who is receiving any portion of an 
                annuity under section 8345(j) or 8467 of this 
                title or a survivor annuity under section 
                8341(h) or 8445 of this title (or benefits 
                similar to either of the aforementioned annuity 
                benefits under a retirement system for 
                Government employees other than the Civil 
                Service Retirement System or the Federal 
                Employees' Retirement System),
                  (ii) as to whom a court order or decree 
                referred to in section 8341(h), 8345(j), 8445, 
                or 8467 of this title (or similar provision of 
                law under any such retirement system other than 
                the Civil Service Retirement System or the 
                Federal Employees' Retirement System) has been 
                issued, or for whom an election has been made 
                under section 8339(j)(3) or 8417(b) of this 
                title (or similar provision of law), or
                  (iii) who is otherwise entitled to an annuity 
                or any portion of an annuity as a former spouse 
                under a retirement system for Government 
                employees,
        except that such term shall not include any such 
        unremarried former spouse of a former employee whose 
        marriage was dissolved after the former employee's 
        separation from the service (other than by retirement); 
        and
          (11) ``qualified clinical social worker'' means an 
        individual--
                  (A) who is licensed or certified as a 
                clinical social worker by the State in which 
                such individual practices; or
                  (B) who, if such State does not provide for 
                the licensing or certification of clinical 
                social workers--
                          (i) is certified by a national 
                        professional organization offering 
                        certification of clinical social 
                        workers; or
                          (ii) meets equivalent requirements 
                        (as prescribed by the Office).

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 44, UNITED STATES CODE



           *       *       *       *       *       *       *
CHAPTER 22--PRESIDENTIAL RECORDS

           *       *       *       *       *       *       *


Sec. 2203. Management and custody of Presidential records

  (a) Through the implementation of records management controls 
and other necessary actions, the President shall take all such 
steps as may be necessary to assure that the activities, 
deliberations, decisions, and policies that reflect the 
performance of the President's constitutional, statutory, or 
other official or ceremonial duties are adequately documented 
and that such records are preserved and maintained as 
Presidential records pursuant to the requirements of this 
section and other provisions of law.
  (b) Documentary materials produced or received by the 
President, the President's staff, or units or individuals in 
the Executive Office of the President the function of which is 
to advise or assist the President, shall, to the extent 
practicable, be categorized as Presidential records or personal 
records upon their creation or receipt and be filed separately.
  (c) During the President's term of office, the President may 
dispose of those Presidential records of such President that no 
longer have administrative, historical, informational, or 
evidentiary value if--
          (1) the President obtains the views, in writing, of 
        the Archivist concerning the proposed disposal of such 
        Presidential records; and
          (2) the Archivist states that the Archivist does not 
        intend to take any action under subsection (e) of this 
        section.
  (d) In the event the Archivist notifies the President under 
subsection (c) that the Archivist does intend to take action 
under subsection (e), the President may dispose of such 
Presidential records if copies of the disposal schedule are 
submitted to the appropriate Congressional Committees at least 
60 calendar days of continuous session of Congress in advance 
of the proposed disposal date. For the purpose of this section, 
continuity of session is broken only by an adjournment of 
Congress sine die, and the days on which either House is not in 
session because of an adjournment of more than three days to a 
day certain are excluded in the computation of the days in 
which Congress is in continuous session.
  (e) The Archivist shall request the advice of the Committee 
on Rules and Administration and the Committee on Governmental 
Affairs of the Senate and the Committee on House Oversight and 
the Committee on Government Operations of the House of 
Representatives with respect to any proposed disposal of 
Presidential records whenever the Archivist considers that--
          (1) these particular records may be of special 
        interest to the Congress; or
          (2) consultation with the Congress regarding the 
        disposal of these particular records is in the public 
        interest.
  (f) During a President's term of office, the Archivist may 
maintain and preserve Presidential records on behalf of the 
President, including records in digital or electronic form. The 
President shall remain exclusively responsible for custody, 
control, and access to such Presidential records. The Archivist 
may not disclose any such records, except under direction of 
the President, until the conclusion of a President's term of 
office, if a President serves consecutive terms upon the 
conclusion of the last term, or such other period provided for 
under section 2204 of this title.
  (g)(1) Upon the conclusion of a President's term of office, 
or if a President serves consecutive terms upon the conclusion 
of the last term, the Archivist of the United States shall 
assume responsibility for the custody, control, and 
preservation of, and access to, the Presidential records of 
that President. The Archivist shall have an affirmative duty to 
make such records available to the public as rapidly and 
completely as possible consistent with the provisions of this 
chapter.
  (2) The Archivist shall deposit all such Presidential records 
in a Presidential archival depository or another archival 
facility operated by the United States. The Archivist is 
authorized to designate, after consultation with the former 
President, a director at each depository or facility, who shall 
be responsible for the care and preservation of such records.
  (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.
  [(3)] (4) The Archivist is authorized to dispose of such 
Presidential records which the Archivist has appraised and 
determined to have insufficient administrative, historical, 
informational, or evidentiary value to warrant their continued 
preservation. Notice of such disposal shall be published in the 
Federal Register at least 60 days in advance of the proposed 
disposal date. Publication of such notice shall constitute a 
final agency action for purposes of review under chapter 7 of 
title 5, United States Code.

           *       *       *       *       *       *       *