#aadth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,february #bi1 #bjaf ,,amendment3 ,that the bill from the ,senate 7,s4 #aagb7 entitled #8#8,an ,act to improve the process of presidential transition4''1 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title ,this ,act may be cited as the ,edward #8,ted' ,kaufman and ,michael ,leavitt ,presidential ,transitions ,improvements ,act of #bjae4 #b4 ,presidential transition improvements 7a7 ,in general ,the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note7 is amended-- 7#a7 by redesignating sections #d1 #e1 and #f as sections #e1 #f1 and #g1 respectively2 and 7#b7 by inserting after section #c the following3 #d4 ,transition services and activities before election 7a7 ,definitions ,in this section-- 7#a7 the term ,administrator means the ,administrator of ,general ,services2 7#b7 the term agency means an ,executive agency1 as defined in section #aje of title #e1 ,united ,states ,code2 7#c7 the term eligible candidate has the meaning given that term in section #c7;h77#d72 and 7#d7 the term ,presidential election means a general election held to determine the electors of ,president and ,vice ,president under section #a or #b of title #c1 ,united ,states ,code4 7b7 ,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 ,president1 including by-- 7#a7 establishing and operating a ,white ,house transition coordinating council in accordance with subsection 7d72 and 7#b7 establishing and operating an agency transition directors council in accordance with subsection 7e74 7c7 ,federal ,transition ,coordinator ,the ,administrator shall designate an employee of the ,general ,services ,administration who is a senior career appointee to-- 7#a7 carry out the duties and authorities of the ,general ,services ,administration relating to ,presidential transitions under this ,act or any other provision of law2 7#b7 serve as the ,federal ,transition ,coordinator with responsibility for coordinating transition planning across agencies1 including through the agency transition directors council established under subsection 7e72 7#c7 ensure agencies comply with all statutory requirements relating to transition planning and reporting2 and 7#d7 act as a liaison to eligible candidates4 7d7 ,white house transition coordinating council 7#a7 ,establishment ,not later than #f months before the date of a ,presidential election1 the ,president shall establish a ,white ,house transition coordinating council for purposes of facilitating the ,presidential transition4 7#b7 ,duties ,the ,white ,house transition coordinating council shall-- 7,a7 provide guidance to agencies and the ,federal ,transition ,coordinator regarding preparations for the ,presidential transition1 including succession planning and preparation of briefing materials2 7,b7 facilitate communication and information sharing between the transition representatives of eligible candidates and senior employees in agencies and the ,executive ,office of the ,president2 and 7,c7 prepare and host interagency emergency preparedness and response exercises4 7#c7 ,membership ,the members of the ,white ,house transition coordinating council shall include-- 7,a7 senior employees of the ,executive branch selected by the ,president1 which may include the ,chief of ,staff to the ,president1 any ,cabinet officer1 the ,director of the ,office of ,management and ,budget1 the ,administrator1 the ,director of the ,office of ,personnel ,management1 the ,director of the ,office of ,government ,ethics1 and the ,archivist of the ,united ,states2 7,b7 the ,federal ,transition ,coordinator2 7,c7 the transition representative for each eligible candidate1 who shall serve in an advisory capacity2 and 7,d7 any other individual the ,president determines appropriate4 7#d7 ,chairperson ,the ,chairperson of the ,white ,house transition coordinating council shall be a senior employee in the ,executive ,office of the ,president1 designated by the ,president4 7e7 ,agency transition directors council 7#a7 ,in general ,the ,president shall establish and operate an agency transition directors council1 which shall-- 7,a7 ensure the ,federal ,government has an integrated strategy for addressing interagency challenges and responsibilities around ,presidential transitions and turnover of noncareer appointees2 7,b7 coordinate transition activities between the ,executive ,office of the ,president1 agencies1 and the transition team of eligible candidates and the ,president-elect and ,vice-,president-elect2 and 7,c7 draw on guidance provided by the ,white ,house transition coordinating council and lessons learned from previous ,presidential transitions in carrying out its duties4 7#b7 ,duties ,as part of carrying out the responsibilities under paragraph 7#a71 the agency transition directors council shall-- 7,a7 assist the ,federal ,transition ,coordinator in identifying and carrying out the responsibilities of the ,federal ,transition ,coordinator relating to a ,presidential transition2 7,b7 provide guidance to agencies in gathering briefing materials and information relating to the ,presidential transition that may be requested by eligible candidates2 7,c7 ensure materials and information described in subparagraph 7,b7 are prepared not later than ,november #a of a year during which a ,presidential election is held2 7,d7 ensure agencies adequately prepare career employees who are designated to fill non-career positions under subsection 7f7 during a ,presidential transition2 and 7,e7 consult with the ,president's ,management ,council1 or any successor thereto1 in carrying out the duties of the agency transition directors council4 7#c7 ,membership ,the members of the agency transition directors council shall include-- 7,a7 the ,federal ,transition ,coordinator and the ,deputy ,director for ,management of the ,office of ,management and ,budget1 who shall serve as ,co-,chairpersons of the agency transition directors council2 7,b7 other senior employees serving in the ,executive ,office of the ,president1 as determined by the ,president2 7,c7 a senior representative from each agency described in section #ija7;b77#a7 of title #ca1 ,united ,states ,code1 the ,office of ,personnel ,management1 the ,office of ,government ,ethics1 and the ,national ,archives and ,records ,administration whose responsibilities include leading ,presidential transition efforts within the agency2 7,d7 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 process2 and 7,e7 during a year during which a ,presidential election will be held1 a transition representative for each eligible candidate1 who shall serve in an advisory capacity4 7#d7 ,meetings ,the agency transition directors council shall meet-- 7,a7 subject to subparagraph 7,b71 not less than once per year2 and 7,b7 during the period beginning on the date that is #f months before a ,presidential election and ending on the date on which the ,president-elect is inaugurated1 on a regular basis as necessary to carry out the duties and authorities of the agency transition directors council4 7f7 ,interim agency leadership for transitions 7#a7 ,oversight and implementation of transition ,not later than #f months before the date of a ,presidential election1 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 agency1 component1 or subcomponent relating to the ,presidential transition4 7#b7 ,acting officers ,not later than ,september #ae of a year during which a ,presidential election occurs1 and in accordance with subchapter ,,iii of chapter #cc of title #e1 ,united ,states ,code1 for each noncareer position in an agency that the head of the agency determines is critical1 the head of the agency shall designate a qualified career employee to serve in the position in an acting capacity if the position becomes vacant4 7g7 ,memorandums of understanding 7#a7 ,in general ,not later than ,november #a of a year during which a ,presidential election occurs1 the ,president 7acting through the ,federal ,transition ,coordinator7 shall1 to the maximum extent practicable1 negotiate a memorandum of understanding with the transition representative of each eligible candidate1 which shall include1 at a minimum1 the conditions of access to employees1 facilities1 and documents of agencies by transition staff4 7#b7 ,existing resources ,to the maximum extent practicable1 the memorandums of understanding negotiated under paragraph 7#a7 shall be based on memorandums of understanding from previous ,presidential transitions4 7h7 ,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 affiliation4 7i7 ,reports 7#a7 ,in general ,the ,president1 acting through the ,federal ,transition ,coordinator1 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 ,president4 7#b7 ,timing ,the reports under paragraph 7#a7 shall be provided #f months and #c months before the date of a ,presidential election4 4 7b7 ,other improvements ,section #c of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#h7-- 7i7 in subparagraph 7,a77i7-- 7,i7 by inserting and during the term of a ,president after during the transition2 and 7,,ii7 by striking after inauguration2 and 7ii7 in subparagraph 7,b71 by inserting or ,executive agencies 7as defined in section #aje of title #e1 ,united ,states ,code7 before the period2 and 7,b7 in paragraph 7#aj71 by inserting including1 to the greatest extent practicable1 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 period2 7#b7 in subsection 7b77#b71 by striking #cj days and inserting #ahj days2 7#c7 in subsection 7g71 by inserting except for activities under subsection 7a77#h77;,a71 before there shall be no2 and 7#d7 in subsection 7h77#b71 by adding at the end the following3 7,d7 ,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 ,president4 4 7c7 ,technical and conforming amendments 7#a7 ,section #c of the ,pre-,election ,presidential ,transition ,act of #bjaj 7#c ,u4,s4,c4 #ajb note7 is repealed4 7#b7 ,the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note7 is amended-- 7,a7 in section #c-- 7i7 in subsection 7a77#d77;,b71 by striking section #f and inserting section #g2 7ii7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking section #c of this ,act and inserting this section2 and 7iii7 in subsection 7h77#c77;,b77iii71 by striking section #e each place it appears and inserting section #f2 7,b7 in section #f1 as redesignated by subsection 7a7 of this section1 by striking section #f7;a77#a7 each place it appears and inserting section #g7;a77#a72 and 7,c7 in section #g7;a77#b71 as redesignated by subsection 7a7 of this section1 by striking section #d and inserting section #e4 7#c7 ,section #hcca7a77,k7 of title #e1 ,united ,states ,code1 is amended by striking section #d and inserting section #e4 7#d7 ,section #hgja7;a77#aj7 of title #e1 ,united ,states ,code1 is amended by striking section #d and inserting section #e4 7#e7 ,section #hija7a77;,i7 of title #e1 ,united ,states ,code1 is amended by striking section #d and inserting section #e4 #c4 ,national archives ,presidential transition ,section #bbjc7;g7 of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,when the ,president considers it practicable and in the public interest1 the ,president shall include in the ,president's budget transmitted to ,congress1 for each fiscal year in which the term of office of the ,president will expire1 such funds as may be necessary for carrying out the authorities of this subsection4 4 #d4 ,reports on political appointees appointed to nonpolitical permanent positions 7a7 ,definitions ,in this section-- 7#a7 the term agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code2 7#b7 the term covered civil service position means a position in the civil service 7as defined in section #baja of title #e1 ,united ,states ,code7 that is not-- 7,a7 a temporary position2 or 7,b7 a political position2 7#c7 the term former political appointee means an individual who-- 7,a7 is not serving in an appointment to a political position2 and 7,b7 served as a political appointee during the #e-year period ending on the date of the request for an appointment to a covered civil service position in any agency2 7#d7 the term political appointee means an individual serving in an appointment to a political position2 and 7#e7 the term political position means-- 7,a7 a position described under sections #ecab through #ecaf of title #e1 ,united ,states ,code 7relating to the ,executive ,schedule72 7,b7 a noncareer appointment in the ,senior ,executive ,service1 as defined under paragraph 7#g7 of section #cacb7;a7 of title #e1 ,united ,states ,code2 or 7,c7 a position in the executive branch of the ,government of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations4 7b7 ,reporting on current or recent political appointees appointed to covered civil service positions 7#a7 ,annual report ,except as provided in paragraph 7#b71 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 positions4 ,each report shall cover one calendar year and shall-- 7,a7 for each request by an agency that a political appointee be appointed to a covered civil service position during the period covered by the report1 provide-- 7i7 the date on which the request was received by the ,office of ,personnel ,management2 7ii7 subject to subsection 7c71 the name of the individual and the political position held by the individual1 including title1 office1 and agency2 7iii7 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 appointee2 7iv7 the grade and rate of basic pay for the individual as a political appointee2 7v7 the proposed covered civil service position1 including title1 office1 and agency1 and the proposed grade and rate of basic pay for the individual2 7vi7 whether the ,office of ,personnel ,management approved or denied the request2 and 7vii7 the date on which the individual was appointed to a covered civil service position1 if applicable2 and 7,b7 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 report1 provide-- 7i7 the date on which the request was received by the ,office of ,personnel ,management2 7ii7 subject to subsection 7c71 the name of the individual and the political position held by the individual1 including title1 office1 and agency2 7iii7 the date on which the individual was first appointed to any political position2 7iv7 the grade and rate of basic pay for the individual as a political appointee2 7v7 the date on which the individual ceased to serve in a political position2 7vi7 the proposed covered civil service position1 including title1 office1 and agency1 and the proposed grade and rate of basic pay for the individual2 7vii7 whether the ,office of ,personnel ,management approved or denied the request2 and 7viii7 the date on which the individual was first appointed to a covered civil service position1 if applicable4 7#b7 ,quarterly report in certain years ,in the last year of the term of a ,president1 or1 if applicable1 the last year of the second consecutive term of a ,president1 the report required under paragraph 7#a7 shall be submitted quarterly and shall cover each quarter of the year1 except that the last quarterly report shall also cover ,january #a through #bj of the following year4 7c7 ,names and titles of certain appointees ,if determined appropriate by the ,director of the ,office of ,personnel ,management1 a report submitted under subsection 7b7 may exclude the name or title of a political appointee or former political appointee-- 7#a7 who-- 7,a7 was requested to be appointed to a covered civil service position2 and 7,b7 was not appointed to a covered civil service position2 or 7#b7 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 report4 #e4 ,report on regulations promulgated near the end of presidential terms 7a7 ,definitions ,in this section3 7#a7 ,the term covered presidential transition period means each of the following3 7,a7 ,the #abj-;day period ending on ,january #bj1 #bjja4 7,b7 ,the #abj-;day period ending on ,january #bj1 #bjji4 7,c7 ,the #abj-;day period ending on ,january #bj1 #bjag4 7#b7 ,the term covered regulation means a final significant regulatory action promulgated by an ,executive department4 7#c7 ,the term significant regulatory action means any regulatory action that is likely to result in a rule that may-- 7,a7 have an annual effect on the economy of #ajj1jjj1jjj or more or adversely affect in a material way the economy1 a sector of the economy1 productivity1 competition1 jobs1 the environment1 public health or safety1 or ,state1 local1 or tribal governments or communities2 7,b7 create a serious inconsistency or otherwise interfere with an action taken or planned by another agency2 7,c7 materially alter the budgetary impact of entitlements1 grants1 user fees1 or loan programs or the rights and obligations of recipients thereof2 or 7,d7 raise novel legal or policy issues4 7#d7 ,the term ,executive department has the meaning given that term under section #aja of title #e1 ,united ,states ,code4 7b7 ,report 7#a7 ,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 period4 7#b7 ,contents of report ,the report required under paragraph 7#a7 shall1 to the extent feasible1 for each covered presidential transition period-- 7,a7 compare the number1 scope1 and impact of1 and type of rulemaking procedure used for1 covered regulations promulgated during the covered presidential transition period to the number1 scope1 and impact of1 and type of rulemaking procedure used for1 covered regulations promulgated during the #abj-;day periods ending on ,january #bj of each year after #aiif1 other than #bjja1 #bjji1 and #bjag2 7,b7 determine the statistical significance of any differences identified under subparagraph 7,a7 and whether and to what extent such differences indicate any patterns2 7,c7 evaluate the size1 scope1 and effect of the covered regulations promulgated during the covered presidential transition period2 and 7,d7 assess the extent to which the regularly required processes for the promulgation of covered regulations were followed during the covered presidential transition period1 including compliance with the requirements under-- 7i7 chapter #h of title #e1 ,united ,states ,code 7commonly known as the ,congressional ,review ,act72 7ii7 the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note72 7iii7 sections #bjb1 #bjc1 #bjd1 and #bje of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aecb-aece72 7iv7 chapter #f of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act72 and 7v7 chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act74 #f4 ,analysis of threats and vulnerabilities 7a7 ,in general ,not later than ,february #ae1 #bjaf1 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 transition1 which-- 7#a7 shall identify and discuss vulnerabilities related to border security and threats related to terrorism1 including from weapons of mass destruction2 7#b7 shall identify steps being taken to address the threats and vulnerabilities during a presidential transition2 and 7#c7 may include recommendations for actions by components and agencies within the ,department of ,homeland ,security4 7b7 ,form ,the report submitted under subsection 7a7 shall be prepared in unclassified form1 but may contain a classified annex4 ,clerk4