[Congressional Record Volume 161, Number 122 (Thursday, July 30, 2015)]
[Senate]
[Pages S6205-S6209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 166, S. 1172.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1172) to improve the process of presidential 
     transition.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments, as follows:
  (The parts intended to be inserted in the bill are shown in italic.)

                                S. 1172

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Edward `Ted' Kaufman and 
     Michael Leavitt Presidential Transitions Improvements Act of 
     2015''.

     SEC. 2. PRESIDENTIAL TRANSITION IMPROVEMENTS.

       (a) In General.--The Presidential Transition Act of 1963 (3 
     U.S.C. 102 note) is amended--
       (1) by redesignating sections 4, 5, and 6 as sections 5, 6, 
     and 7, respectively; and
       (2) by inserting after section 3 the following:

     ``SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION.

       ``(a) Definitions.--In this section--
       ``(1) the term `Administrator' means the Administrator of 
     General Services;
       ``(2) the term `agency' means an Executive agency, as 
     defined in section 105 of title 5, United States Code;
       ``(3) the term `eligible candidate' has the meaning given 
     that term in section 3(h)(4); and
       ``(4) the term `Presidential election' means a general 
     election held to determine the electors of President and Vice 
     President under section 1 or 2 of title 3, United States 
     Code.
       ``(b) General Duties.--The President shall take such 
     actions as the President determines necessary and appropriate 
     to plan and coordinate activities by the Executive branch of 
     the Federal Government to facilitate an efficient transfer of 
     power to a successor President, including by--
       ``(1) establishing and operating a White House transition 
     coordinating council in accordance with subsection (d); and
       ``(2) establishing and operating an agency transition 
     directors council in accordance with subsection (e).
       ``(c) Federal Transition Coordinator.--The Administrator 
     shall designate an employee of the General Services 
     Administration who is a senior career appointee to--
       ``(1) carry out the duties and authorities of the General 
     Services Administration relating to Presidential transitions 
     under this Act or any other provision of law;
       ``(2) serve as the Federal Transition Coordinator with 
     responsibility for coordinating transition planning across 
     agencies, including through the agency transition directors 
     council established under subsection (e);
       ``(3) ensure agencies comply with all statutory 
     requirements relating to transition planning and reporting; 
     and
       ``(4) act as a liaison to eligible candidates.
       ``(d) White House Transition Coordinating Council.--
       ``(1) Establishment.--Not later than 6 months before the 
     date of a Presidential election, the President shall 
     establish a White House transition coordinating council for 
     purposes of facilitating the Presidential transition.
       ``(2) Duties.--The White House transition coordinating 
     council shall--
       ``(A) provide guidance to agencies and the Federal 
     Transition Coordinator regarding preparations for the 
     Presidential transition, including succession planning and 
     preparation of briefing materials;
       ``(B) facilitate communication and information sharing 
     between the transition representatives of eligible candidates 
     and senior employees in agencies and the Executive Office of 
     the President; and
       ``(C) prepare and host interagency emergency preparedness 
     and response exercises.
       ``(3) Membership.--The members of the White House 
     transition coordinating council shall include--
       ``(A) senior employees of the Executive branch selected by 
     the President, which may include the Chief of Staff to the 
     President, any Cabinet officer, the Director of the Office of 
     Management and Budget, the Administrator, the Director of the 
     Office of Personnel Management, the Director of the Office of 
     Government Ethics, and the Archivist of the United States;
       ``(B) the Federal Transition Coordinator;
       ``(C) the transition representative for each eligible 
     candidate, who shall serve in an advisory capacity; and
       ``(D) any other individual the President determines 
     appropriate.
       ``(4) Chairperson.--The Chairperson of the White House 
     transition coordinating council shall be a senior employee in 
     the Executive Office of the President, designated by the 
     President.
       ``(e) Agency Transition Directors Council.--
       ``(1) In general.--The President shall establish and 
     operate an agency transition directors council, which shall--
       ``(A) ensure the Federal Government has an integrated 
     strategy for addressing interagency challenges and 
     responsibilities around Presidential transitions and turnover 
     of noncareer appointees;
       ``(B) coordinate transition activities between the 
     Executive Office of the President, agencies, and the 
     transition team of eligible candidates and the President-
     elect and Vice-President-elect; and
       ``(C) draw on guidance provided by the White House 
     transition coordinating council and lessons learned from 
     previous Presidential transitions in carrying out its duties.
       ``(2) Duties.--As part of carrying out the responsibilities 
     under paragraph (1), the agency transition directors council 
     shall--
       ``(A) assist the Federal Transition Coordinator in 
     identifying and carrying out the responsibilities of the 
     Federal Transition Coordinator relating to a Presidential 
     transition;

[[Page S6206]]

       ``(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, who shall serve 
     as Chairperson of the agency transition directors council;
       ``(B) a senior employee serving in the Executive Office of 
     the President, who shall be appointed 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 Federal Transition Coordinator 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.--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 a quarterly report 
     regarding requests by agencies to appoint political 
     appointees or former political appointees to covered civil 
     service positions, which shall--
       (1) for each request by an agency that a political 
     appointee be appointed to a covered civil service position 
     during the period covered by the quarterly report, provide--
       (A) the date on which the request was received by the 
     Office of Personnel Management;
       (B) subject to subsection (c), the name of the individual 
     and the political position held by the individual, including 
     title, office, and agency;
       (C) 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;
       (D) the grade and rate of basic pay for the individual as a 
     political appointee;
       (E) the proposed covered civil service position, including 
     title, office, and agency, and the proposed grade and rate of 
     basic pay for the individual;

[[Page S6207]]

       (F) whether the Office of Personnel Management approved or 
     denied the request; and
       (G) the date on which the individual was appointed to a 
     covered civil service position, if applicable; and
       (2) 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 quarterly report, provide--
       (A) the date on which the request was received by the 
     Office of Personnel Management;
       (B) subject to subsection (c), the name of the individual 
     and the political position held by the individual, including 
     title, office, and agency;
       (C) the date on which the individual was first appointed to 
     any political position;
       (D) the grade and rate of basic pay for the individual as a 
     political appointee;
       (E) the date on which the individual ceased to serve in a 
     political position;
       (F) the proposed covered civil service position, including 
     title, office, and agency, and the proposed grade and rate of 
     basic pay for the individual;
       (G) whether the Office of Personnel Management approved or 
     denied the request; and
       (H) the date on which the individual was first appointed to 
     a covered civil service position, if applicable.
       (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--
       (A) the 120-day period ending on January 20, 1993.
       (B) the 120-day period ending on January 20, 2001;
       (C) the 120-day period ending on January 20, 2009; and
       (D) the 120-day period ending on January 20, 2017;
       (2) the term ``covered regulation'' means a final 
     regulation promulgated by an Executive department; and
       (3) the term ``Executive department'' has the meaning given 
     that term under section 101 of title 5, United States Code.
       (b) Reports.--
       (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 the covered presidential transition 
     periods described in subparagraph (A), (B), or (C) of 
     subsection (a)(1).
       (2) Next presidential transition.--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 the covered presidential transition period 
     described in subsection (a)(1)(D).
       (3) Contents of reports.--The reports required under 
     paragraphs (1) and (2) shall, for each covered presidential 
     transition period covered by the report--
       (A) compare the number, scope, and cost (if possible) of, 
     and type of rulemaking procedure used for, covered 
     regulations promulgated during the covered presidential 
     transition period to the number, scope, and cost of, and type 
     of rulemaking procedure used for, covered regulations 
     promulgated during the 120-day periods ending on January 20 
     of each year after 1988, other than 1993, 2001, and 2009;
       (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) chapter 6 of title 5, United States Code (commonly 
     known as the ``Regulatory Flexibility Act''); and
       (iv) 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 Congress 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.

  Mr. McCONNELL. I further ask unanimous consent that the committee-
reported amendments be agreed to; the Carper amendment, which is at the 
desk, be agreed to; the bill, as amended, be read a third time and 
passed; and the motion to reconsider be considered made and laid upon 
the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were agreed to.
  The amendment (No. 2543) was agreed to, as follows:

                     (Purpose: To improve the bill)

       On page 7, strike lines 11 through 16 and insert the 
     following:
       ``(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;
       On page 8, lines 2 and 3, strike ``Federal Transition 
     Coordinator'' and insert ``Co-Chairpersons''.
  The bill (S. 1172), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1172

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Edward `Ted' Kaufman and 
     Michael Leavitt Presidential Transitions Improvements Act of 
     2015''.

     SEC. 2. PRESIDENTIAL TRANSITION IMPROVEMENTS.

       (a) In General.--The Presidential Transition Act of 1963 (3 
     U.S.C. 102 note) is amended--
       (1) by redesignating sections 4, 5, and 6 as sections 5, 6, 
     and 7, respectively; and
       (2) by inserting after section 3 the following:

     ``SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION.

       ``(a) Definitions.--In this section--
       ``(1) the term `Administrator' means the Administrator of 
     General Services;
       ``(2) the term `agency' means an Executive agency, as 
     defined in section 105 of title 5, United States Code;
       ``(3) the term `eligible candidate' has the meaning given 
     that term in section 3(h)(4); and
       ``(4) the term `Presidential election' means a general 
     election held to determine the electors of President and Vice 
     President under section 1 or 2 of title 3, United States 
     Code.
       ``(b) General Duties.--The President shall take such 
     actions as the President determines necessary and appropriate 
     to plan and coordinate activities by the Executive branch of 
     the Federal Government to facilitate an efficient transfer of 
     power to a successor President, including by--
       ``(1) establishing and operating a White House transition 
     coordinating council in accordance with subsection (d); and
       ``(2) establishing and operating an agency transition 
     directors council in accordance with subsection (e).
       ``(c) Federal Transition Coordinator.--The Administrator 
     shall designate an employee of the General Services 
     Administration who is a senior career appointee to--
       ``(1) carry out the duties and authorities of the General 
     Services Administration relating to Presidential transitions 
     under this Act or any other provision of law;
       ``(2) serve as the Federal Transition Coordinator with 
     responsibility for coordinating transition planning across 
     agencies, including through the agency transition directors 
     council established under subsection (e);
       ``(3) ensure agencies comply with all statutory 
     requirements relating to transition planning and reporting; 
     and
       ``(4) act as a liaison to eligible candidates.
       ``(d) White House Transition Coordinating Council.--
       ``(1) Establishment.--Not later than 6 months before the 
     date of a Presidential election, the President shall 
     establish a White House transition coordinating council for 
     purposes of facilitating the Presidential transition.
       ``(2) Duties.--The White House transition coordinating 
     council shall--
       ``(A) provide guidance to agencies and the Federal 
     Transition Coordinator regarding preparations for the 
     Presidential transition, including succession planning and 
     preparation of briefing materials;
       ``(B) facilitate communication and information sharing 
     between the transition representatives of eligible candidates 
     and senior employees in agencies and the Executive Office of 
     the President; and
       ``(C) prepare and host interagency emergency preparedness 
     and response exercises.

[[Page S6208]]

       ``(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

[[Page S6209]]

       (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.--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 a quarterly report 
     regarding requests by agencies to appoint political 
     appointees or former political appointees to covered civil 
     service positions, which shall--
       (1) for each request by an agency that a political 
     appointee be appointed to a covered civil service position 
     during the period covered by the quarterly report, provide--
       (A) the date on which the request was received by the 
     Office of Personnel Management;
       (B) subject to subsection (c), the name of the individual 
     and the political position held by the individual, including 
     title, office, and agency;
       (C) 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;
       (D) the grade and rate of basic pay for the individual as a 
     political appointee;
       (E) the proposed covered civil service position, including 
     title, office, and agency, and the proposed grade and rate of 
     basic pay for the individual;
       (F) whether the Office of Personnel Management approved or 
     denied the request; and
       (G) the date on which the individual was appointed to a 
     covered civil service position, if applicable; and
       (2) 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 quarterly report, provide--
       (A) the date on which the request was received by the 
     Office of Personnel Management;
       (B) subject to subsection (c), the name of the individual 
     and the political position held by the individual, including 
     title, office, and agency;
       (C) the date on which the individual was first appointed to 
     any political position;
       (D) the grade and rate of basic pay for the individual as a 
     political appointee;
       (E) the date on which the individual ceased to serve in a 
     political position;
       (F) the proposed covered civil service position, including 
     title, office, and agency, and the proposed grade and rate of 
     basic pay for the individual;
       (G) whether the Office of Personnel Management approved or 
     denied the request; and
       (H) the date on which the individual was first appointed to 
     a covered civil service position, if applicable.
       (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--
       (A) the 120-day period ending on January 20, 1993.
       (B) the 120-day period ending on January 20, 2001;
       (C) the 120-day period ending on January 20, 2009; and
       (D) the 120-day period ending on January 20, 2017;
       (2) the term ``covered regulation'' means a final 
     regulation promulgated by an Executive department; and
       (3) the term ``Executive department'' has the meaning given 
     that term under section 101 of title 5, United States Code.
       (b) Reports.--
       (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 the covered presidential transition 
     periods described in subparagraph (A), (B), or (C) of 
     subsection (a)(1).
       (2) Next presidential transition.--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 the covered presidential transition period 
     described in subsection (a)(1)(D).
       (3) Contents of reports.--The reports required under 
     paragraphs (1) and (2) shall, for each covered presidential 
     transition period covered by the report--
       (A) compare the number, scope, and cost (if possible) of, 
     and type of rulemaking procedure used for, covered 
     regulations promulgated during the covered presidential 
     transition period to the number, scope, and cost of, and type 
     of rulemaking procedure used for, covered regulations 
     promulgated during the 120-day periods ending on January 20 
     of each year after 1988, other than 1993, 2001, and 2009;
       (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) chapter 6 of title 5, United States Code (commonly 
     known as the ``Regulatory Flexibility Act''); and
       (iv) 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 Congress 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.

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