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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3654 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 733
118th CONGRESS
  2d Session
                                S. 3654

                          [Report No. 118-313]

To amend the Presidential Transition Act of 1963 to require the timely 
    appointment of agency transition officials, to ensure adequate 
 performance and oversight of required transition-related preparation, 
to require new guidance for agencies and possible transition teams, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2024

Mr. Peters (for himself and Ms. Collins) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

            December 19 (legislative day, December 16), 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To amend the Presidential Transition Act of 1963 to require the timely 
    appointment of agency transition officials, to ensure adequate 
 performance and oversight of required transition-related preparation, 
to require new guidance for agencies and possible transition teams, and 
                          for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Agency Preparation for 
Transitions Act of 2024''.</DELETED>

<DELETED>SEC. 2. FEDERAL TRANSITION COORDINATOR.</DELETED>

<DELETED>    Section 4(c) of the Presidential Transition Act of 1963 (3 
U.S.C. 102 note) is amended to read as follows:</DELETED>
<DELETED>    ``(c) Federal Transition Coordinator.--</DELETED>
        <DELETED>    ``(1) Designation.--The Administrator shall 
        designate an employee of the General Services Administration 
        who is a senior career employee to the position of Federal 
        Transition Coordinator.</DELETED>
        <DELETED>    ``(2) Duties of the federal transition 
        coordinator.--A Federal Transition Coordinator shall be 
        responsible for--</DELETED>
                <DELETED>    ``(A) carrying out the duties and 
                authorities of the Administrator relating to 
                Presidential transitions under this Act, or any other 
                provision of law, except for determining the apparent 
                successful candidate under section 3(c);</DELETED>
                <DELETED>    ``(B) serving as the Federal Transition 
                Coordinator with responsibility for coordinating 
                transition planning across agencies, including through 
                the agency transition directors council established 
                under subsection (e);</DELETED>
                <DELETED>    ``(C) ensuring agencies comply with all 
                statutory requirements relating to transition planning 
                and reporting;</DELETED>
                <DELETED>    ``(D) acting as a liaison to eligible 
                candidates;</DELETED>
                <DELETED>    ``(E) regularly providing updates to 
                agencies not included on the agency transition 
                directors council with information, including 
                information on briefing materials, key transition 
                milestones, and succession planning;</DELETED>
                <DELETED>    ``(F) identifying best practices relating 
                to Presidential transitions for transition teams, 
                Federal agencies, and incumbent 
                administrations;</DELETED>
                <DELETED>    ``(G) identifying--</DELETED>
                        <DELETED>    ``(i) the most significant 
                        challenges for Federal agencies that are posed 
                        by Presidential transitions; and</DELETED>
                        <DELETED>    ``(ii) ways to mitigate the risks 
                        associated with such challenges during 
                        subsequent Presidential transitions; 
                        and</DELETED>
                <DELETED>    ``(H) other duties at the discretion of 
                the Administrator.</DELETED>
        <DELETED>    ``(3) Appointment of the federal transition 
        coordinator.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 2 years 
                before the date of each Presidential election, the 
                Administrator shall appoint a Federal Transition 
                Coordinator.</DELETED>
                <DELETED>    ``(B) Non-election periods.--During any 
                period during which there is not an individual serving 
                as Federal Transition Coordinator pursuant to an 
                appointment in accordance with subparagraph (A), the 
                Administrator shall designate an officer or employee to 
                carry out any transition responsibilities until the 
                appointment of the next Federal Transition 
                Coordinator.</DELETED>
                <DELETED>    ``(C) Reporting to congress.--The 
                Administrator shall report to Congress--</DELETED>
                        <DELETED>    ``(i) when the Administrator has 
                        appointed a new Federal Transition Coordinator; 
                        and</DELETED>
                        <DELETED>    ``(ii) when the Administrator has 
                        designated an officer or employee to carry out 
                        transition responsibilities under subparagraph 
                        (B).</DELETED>
        <DELETED>    ``(4) Rule of construction.--Nothing in this 
        subsection shall be construed to prohibit the Administrator 
        from revoking an existing designation of an individual serving 
        as Federal Transition Coordinator and designating a new 
        individual to serve as the Federal Transition 
        Coordinator.''.</DELETED>

<DELETED>SEC. 3. WHITE HOUSE TRANSITION COORDINATING COUNCIL.</DELETED>

<DELETED>    (a) In General.--Section 4(d) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``Not later than 
        6 months before the date of a Presidential election,'' and all 
        that follows and inserting ``There is established a White House 
        transition coordinating council for the purposes of 
        facilitating the Presidential transition. The White House 
        transition coordinating council shall, at a minimum, meet and 
        perform the duties provided for in this Act.'';</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) in subparagraph (B), by striking 
                ``and'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (C), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(D) oversee the transition process for 
                offices within the Executive Office of the President 
                and ensure that such offices produce relevant 
                transition briefing materials for eligible 
                candidates;</DELETED>
                <DELETED>    ``(E) during any year during which a 
                Presidential election is not being held, designate 
                employees within the Executive Office of the President 
                who shall develop, in coordination with the Archivist 
                of the United States, a plan for employees serving in 
                positions in the executive branch to identify, on at 
                least an annual basis, Presidential records (as defined 
                in section 2201 of title 44, United States Code), 
                including electronic records, to be transferred to and 
                maintained and preserved by the Archivist in the event 
                of a possible Presidential transition; and</DELETED>
                <DELETED>    ``(F) not later than 180 days before the 
                date of each Presidential election, the employees 
                designated under subparagraph (E) shall submit to 
                Congress the most recent plan developed under 
                subparagraph (E) through a written report or a briefing 
                with relevant committees.''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(3) Meeting frequency.--The White House 
        transition coordinating council shall meet--</DELETED>
                <DELETED>    ``(A) as soon as practicable during a year 
                during which a Presidential election is being held, but 
                not later than the day before the first regular meeting 
                of the agency transition directors council under 
                subsection (e)(4)(B) during such year; and</DELETED>
                <DELETED>    ``(B) to host an exercise described in 
                paragraph (2)(C) as soon as is practicable after the 
                date on which the Administrator determines a sole 
                apparent successful candidate for the office of the 
                President, but not later than the date on which the 
                apparent successful candidate for the office of 
                President is inaugurated.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by this section 
shall take effect on the date that is 30 days after the date of 
enactment of this Act.</DELETED>

<DELETED>SEC. 4. MEMORANDUMS OF UNDERSTANDING.</DELETED>

<DELETED>    Section 4(g)(1) of the Presidential Transition Act of 1963 
(3 U.S.C. 102 note) is amended by striking ``shall include, at a 
minimum,'' and all that follows and inserting the following: ``shall 
include--</DELETED>
                <DELETED>    ``(A) at a minimum--</DELETED>
                        <DELETED>    ``(i) the conditions of access to 
                        employees, facilities, and documents of 
                        agencies by transition staff;</DELETED>
                        <DELETED>    ``(ii) the conditions of access to 
                        information and briefing material critical to 
                        national security, which shall be established 
                        in consultation with the relevant agencies; 
                        and</DELETED>
                        <DELETED>    ``(iii) the conditions of access 
                        to any interagency emergency preparedness and 
                        response exercises under subsection (d)(2)(C); 
                        and</DELETED>
                <DELETED>    ``(B) a provision allowing access 
                described in subparagraph (A) to commence or continue 
                for the eligible candidate and the members of the 
                transition team of the eligible candidate during the 
                period beginning on the day after date of the 
                Presidential election and ending at the time at which 
                the Administrator determines the apparent successful 
                candidate under section 3(c).''.</DELETED>

<DELETED>SEC. 5. FREQUENCY OF THE AGENCY TRANSITION DIRECTORS 
              COUNCIL.</DELETED>

<DELETED>    Section 4(e)(4)(B) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--</DELETED>
        <DELETED>    (1) by striking ``6 months'' and inserting ``270 
        days''; and</DELETED>
        <DELETED>    (2) by striking ``inaugurated,'' and all that 
        follows and inserting the following: ``inaugurated, not less 
        than once per month, which shall include--</DELETED>
                        <DELETED>    ``(i) a meeting during the period 
                        beginning on the day after the Presidential 
                        election and ending 3 days after the date of 
                        the Presidential election; and</DELETED>
                        <DELETED>    ``(ii) if the Administrator does 
                        not determine the apparent successful 
                        candidates in accordance with section 3(c) on 
                        or before the date that is 3 days after the 
                        date of the Presidential election, not later 
                        than 1 day after such 
                        determination.''.</DELETED>

<DELETED>SEC. 6. DUTIES OF THE AGENCY TRANSITION DIRECTORS 
              COUNCIL.</DELETED>

<DELETED>    Section 4(e)(2) of the Presidential Transition Act of 1963 
(3 U.S.C. 102 note) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B), by inserting ``, 
        including guidance and templates for providing briefing 
        materials and information both in digital and physical 
        formats'' after ``candidates'';</DELETED>
        <DELETED>    (2) in subparagraph (C)--</DELETED>
                <DELETED>    (A) by striking ``November 1'' and 
                inserting ``October 15''; and</DELETED>
                <DELETED>    (B) by inserting ``, which may be updated 
                with additional information as needed after October 
                15'' before the semicolon at the end;</DELETED>
        <DELETED>    (3) in subparagraph (D), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (4) in subparagraph (E), by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
                <DELETED>    ``(F) provide guidance to agencies on how 
                the agencies should engage with and provide information 
                to apparent successful candidates, should there be 
                multiple apparent successful candidates, as described 
                in section 3(c)(2);</DELETED>
                <DELETED>    ``(G) develop working groups and 
                subcommittees to address any emergencies that arise 
                during a Presidential transition; and</DELETED>
                <DELETED>    ``(H) after the inauguration as President 
                of the apparent successful candidate for the office of 
                President, working with the Federal Transition 
                Coordinator to identify lessons learned from the 
                Presidential transition.''.</DELETED>

<DELETED>SEC. 7. MEMBERSHIP OF AGENCY TRANSITION DIRECTORS 
              COUNCIL.</DELETED>

<DELETED>    (a) In General.--Section 4(e) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
        <DELETED>    (1) in paragraph (3)--</DELETED>
                <DELETED>    (A) in subparagraph (B), by inserting ``, 
                which shall include not less than 1 senior career 
                employee who shall oversee transition responsibilities 
                for the Executive Office of the President, including 
                the production of relevant transition briefing 
                materials for eligible candidates from each office or 
                component of the Executive Office of the President'' 
                after ``by the President'';</DELETED>
                <DELETED>    (B) in subparagraph (C), by striking 
                ``section 901(b)(1)'' and inserting ``paragraph (1) or 
                (2) of section 901(b)'';</DELETED>
                <DELETED>    (C) in subparagraph (D)--</DELETED>
                        <DELETED>    (i) by inserting ``, as defined 
                        under section 3502 of title 44, United States 
                        Code, that is'' after ``any other agency''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``and'' at the 
                        end;</DELETED>
                <DELETED>    (D) in subparagraph (E), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (E) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(F) the co-chairpersons of the council 
                established under paragraph (5)(A).''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(5) Council for non-atdc agency transition 
        directors.--</DELETED>
                <DELETED>    ``(A) In general.--The Co-Chairpersons of 
                the agency transition directors council shall establish 
                and operate a council for small and independent agency 
                transition directors (referred to in this paragraph as 
                the `council').</DELETED>
                <DELETED>    ``(B) Advisory body.--The council shall 
                serve as the principle advisory body to the Co-
                Chairpersons of the agency transition directors council 
                relating to the priorities, needs, and functions of the 
                council, as they relate to small and independent 
                agencies.</DELETED>
                <DELETED>    ``(C) Members.--The council shall be 
                composed of the Agency Transition Directors designated 
                under subsection (f)(1)(A) from each agency that does 
                not have a representative who is a member of the agency 
                transition directors council.</DELETED>
                <DELETED>    ``(D) Co-chairpersons.--The Co-
                Chairpersons of the agency transition directors council 
                shall select from among the council members 2 co-
                chairpersons of the council.</DELETED>
        <DELETED>    ``(6) Guidance.--The Federal Transition 
        Coordinator shall consult with the co-chairpersons of the 
        council established under paragraph (5)(A), to provide relevant 
        guidance and information to the council on issues relating to 
        Presidential transitions.</DELETED>
        <DELETED>    ``(7) OMB representative on the agency transition 
        directors council.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 1 year 
                before the date of a Presidential election, the 
                Director of the Office of Management and Budget shall 
                designate an employee of the Office of Management and 
                Budget who is a senior career employee to serve on the 
                agency transition directors council, who shall work 
                with the Deputy Director for Management of the Office 
                of Management and Budget in carrying out the transition 
                duties of the Office of Management and 
                Budget.</DELETED>
                <DELETED>    ``(B) Lessons learned.--After the 
                inauguration as President of the apparent successful 
                candidate for the office of President, the employee 
                designated under subparagraph (A) shall assist the 
                Federal Transition Coordinator by contributing any 
                lessons learned by the Office of Management and Budget 
                from the Presidential transition.''.</DELETED>
<DELETED>    (b) Implementation for 2024 Election.--As soon as is 
practicable after the date of enactment of this Act, the Director of 
the Office of Management and Budget shall designate an employee of the 
Office of Management and Budget to serve on the agency transition 
directors council in accordance with paragraph (7) of section 4(e) of 
the Presidential Transition Act of 1963, as added by subsection (a) of 
this section.</DELETED>

<DELETED>SEC. 8. INTERIM AGENCY LEADERSHIP FOR TRANSITIONS.</DELETED>

<DELETED>    (a) In General.--Section 4(f) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and adjusting the 
        margin accordingly;</DELETED>
        <DELETED>    (2) by inserting before subparagraph (A), as so 
        redesignated, the following:</DELETED>
        <DELETED>    ``(1) Election years.--'';</DELETED>
        <DELETED>    (3) in paragraph (1)(A), as so designated--
        </DELETED>
                <DELETED>    (A) by striking ``6 months'' and inserting 
                ``270 days''; and</DELETED>
                <DELETED>    (B) by inserting ``, who shall serve as 
                the Agency Transition Director for the agency and whose 
                term as Agency Transition Director shall last until not 
                later than the date that is 90 days after the date of 
                the inauguration as President of the apparent 
                successful candidate for the office of President,'' 
                after ``a senior career employee of the agency''; 
                and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Oversight and implementation of transition 
        in non-election years.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 1 year 
                after the date of each inauguration day--</DELETED>
                        <DELETED>    ``(i) the head of each agency 
                        which has a representative who serves on the 
                        agency transition directors council shall 
                        designate an employee of the agency who is a 
                        senior career employee to serve as the 
                        representative of the agency at the annual 
                        meetings of the agency transition directors 
                        council described in subsection (e)(4)(A); 
                        and</DELETED>
                        <DELETED>    ``(ii) the head of each agency 
                        which does not have a representative who serves 
                        on the agency transition directors council 
                        shall designate an employee of the agency who 
                        is a senior career employee to oversee issues 
                        relating to Presidential transitions.</DELETED>
                <DELETED>    ``(B) Duties.--An employee designated by 
                the head of an agency under subparagraph (A) shall 
                serve as the official responsible for the transition 
                operations of the agency until the date on which the 
                head of the agency designates an employee as an Agency 
                Transition Director under paragraph (1)(A) with respect 
                to the next Presidential election.</DELETED>
        <DELETED>    ``(3) Rule of construction.--Nothing in this 
        subsection shall be construed to prohibit the head of an agency 
        from designating--</DELETED>
                <DELETED>    ``(A) the individual who is serving as the 
                Agency Transition Director for the agency under 
                paragraph (1)(A) for purposes of paragraph (2)(A); 
                or</DELETED>
                <DELETED>    ``(B) the individual who the head 
                designated for purposes of paragraph (2)(A) as the 
                Agency Transition Director for the agency under 
                paragraph (1)(A).''.</DELETED>
<DELETED>    (b) Conforming Amendments.--Section 3(c)(2)(B) of the 
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended--
</DELETED>
        <DELETED>    (1) by striking ``the senior career employee of 
        each agency'' and inserting ``the Agency Transition Director of 
        each agency''; and</DELETED>
        <DELETED>    (2) by striking ``subsection (f)(1)'' and 
        inserting ``subsection (f)(1)(A)''.</DELETED>

<DELETED>SEC. 9. REPORTS ON POLITICAL APPOINTEES APPOINTED TO 
              NONPOLITICAL PERMANENT POSITIONS.</DELETED>

<DELETED>    Section 4(b) of the Edward ``Ted'' Kaufman and Michael 
Leavitt Presidential Transitions Improvements Act of 2015 (5 U.S.C. 
3101 note) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(3) Publication.--The Director of the Office of 
        Personnel Management shall make a version of each report 
        required under paragraph (1) and each report required under 
        paragraph (2) available to the public, which may exclude 
        information in accordance with subsection (c).''.</DELETED>

<DELETED>SEC. 10. REPORTS AND GUIDANCE BY TRANSITION 
              OFFICIALS.</DELETED>

<DELETED>    (a) In General.--Section 4 of the Presidential Transition 
Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
        <DELETED>    (1) in subsection (i), in the subsection heading, 
        by inserting ``by the President'' after ``Reports''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(j) Other Reports Regarding Transitions.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection--</DELETED>
                <DELETED>    ``(A) the term `incoming administration' 
                means the apparent successful candidate for the office 
                of President, the apparent successful candidate for the 
                office of Vice President, a member of the transition 
                team, or any other employee or contractor of the 
                apparent successful candidate for the office of 
                President or the apparent successful candidate for the 
                office of Vice President who is performing duties 
                relating to the Presidential transition; and</DELETED>
                <DELETED>    ``(B) the term `outgoing administration' 
                means an individual who, during the period beginning on 
                the date of a Presidential election and ending on the 
                date of the inauguration with respect to the 
                Presidential election (unless the individual serving as 
                President on the date of such Presidential election is 
                inaugurated as President at such inauguration), serves 
                as the President, the Vice President, or an officer or 
                employee in the executive branch of the Federal 
                Government.</DELETED>
        <DELETED>    ``(2) Exercises.--Not later than November 1 of 
        each year during which a Presidential election is held, the 
        White House transition coordinating council shall submit to 
        Congress a report, which may contain a classified annex, on the 
        plans of the council for hosting exercises described in 
        subsection (d)(2)(C), which shall include a summary of--
        </DELETED>
                <DELETED>    ``(A) the topics to be covered by the 
                exercises;</DELETED>
                <DELETED>    ``(B) scheduled dates for the exercises; 
                and</DELETED>
                <DELETED>    ``(C) plans for ensuring emergency 
                preparedness prior to a determination by the 
                Administrator that a single candidate for the office of 
                President should be treated as the sole apparent 
                successful candidate in accordance with section 3(c), 
                including during any period of multiple potential 
                apparent successful candidates as described in section 
                3(c)(2), if applicable.</DELETED>
        <DELETED>    ``(3) GAO reports.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 180 days 
                after the date on which the Administrator determines 
                the sole apparent successful candidate for the office 
                of President in accordance with section 3(c) with 
                respect to each Presidential election, the Comptroller 
                General of the United States, in consultation with the 
                agency transition directors council, shall submit to 
                Congress a report on the Presidential transition 
                process and make a version of the report available to 
                the public.</DELETED>
                <DELETED>    ``(B) Contents.--A report under 
                subparagraph (A) shall include--</DELETED>
                        <DELETED>    ``(i) a review of the efficiency, 
                        effectiveness, and security of activities 
                        required in this Act of the outgoing 
                        administration and the incoming administration, 
                        including--</DELETED>
                                <DELETED>    ``(I) briefings of members 
                                of the incoming administration by 
                                members of the outgoing 
                                administration;</DELETED>
                                <DELETED>    ``(II) migration of 
                                technology platforms;</DELETED>
                                <DELETED>    ``(III) information-
                                sharing between agencies or between the 
                                outgoing administration and the 
                                incoming administration; and</DELETED>
                                <DELETED>    ``(IV) the services and 
                                facilities provided by the 
                                Administrator to facilitate an 
                                efficient transfer of power before and 
                                after the date of the applicable 
                                Presidential election;</DELETED>
                        <DELETED>    ``(ii) the cost of the services 
                        and facilities provided by the General Services 
                        Administration, the National Archives and 
                        Records Administration, the Office of 
                        Government Ethics, and the Department of 
                        Justice to facilitate an efficient transfer of 
                        power before and after the date of the 
                        applicable Presidential election;</DELETED>
                        <DELETED>    ``(iii) an assessment of the major 
                        challenges and achievements of service-
                        providing agencies in the delivery of core 
                        transition services to agencies, the outgoing 
                        administration, and the incoming 
                        administration;</DELETED>
                        <DELETED>    ``(iv) if the apparent successful 
                        candidate for the office of President is not 
                        serving as President on the date of the 
                        applicable Presidential election, a description 
                        of any known or reported delays in services 
                        provided by any agency to the incoming 
                        administration; and</DELETED>
                        <DELETED>    ``(v) recommendations, if any, for 
                        changes to the Presidential transition 
                        process.</DELETED>
        <DELETED>    ``(4) New administration.--</DELETED>
                <DELETED>    ``(A) Guidance.--Not later than 60 days 
                before the date of a Presidential election, the 
                Archivist of the United States shall develop guidance 
                for a President-elect and the transition team of the 
                President-elect relating to complying with chapters 22 
                and 31 of title 44, United States Code, when creating 
                documents for use on or after inauguration day, which 
                shall include guidance for identifying and labeling all 
                documents created before inauguration day that the 
                President-elect intends to use or transfer after 
                inauguration day.</DELETED>
                <DELETED>    ``(B) Report.--Not later than 90 days 
                after the date of the inauguration as President of an 
                apparent successful candidate for the office of 
                President who was not serving as President on the date 
                of the most recent Presidential election, the Archivist 
                of the United States shall publish a report on the 
                status of the procedures for transition management of 
                the incoming administration and the outgoing 
                administration, which shall include--</DELETED>
                        <DELETED>    ``(i) a description of the process 
                        of the incoming administration for--</DELETED>
                                <DELETED>    ``(I) identifying 
                                documents created on or before the date 
                                of the inauguration that are intended 
                                for use on or after inauguration day 
                                and are subject to chapter 22 of title 
                                44, United States Code; and</DELETED>
                                <DELETED>    ``(II) providing guidance 
                                to officers and employees of the 
                                incoming administration on consistently 
                                labeling and safely storing classified 
                                documents; and</DELETED>
                        <DELETED>    ``(ii) a description of the 
                        process of the outgoing administration for 
                        identifying Presidential records, as defined in 
                        section 2201 of title 44, United States Code, 
                        to be preserved and maintained by the Archivist 
                        of the United States.</DELETED>
        <DELETED>    ``(5) Lessons learned.--Not later than 180 days 
        after each inauguration day, the Federal Transition Coordinator 
        shall report to Congress regarding lessons learned from the 
        transition period and offer recommendations for improvements to 
        the Presidential transition process, which shall include--
        </DELETED>
                <DELETED>    ``(A) lessons learned by Agency Transition 
                Directors and the agency transition directors council 
                with respect to the transition operations of 
                agencies;</DELETED>
                <DELETED>    ``(B) an assessment of the major 
                challenges and achievements of the Administrator in 
                providing core transition services to agencies, the 
                outgoing administration, and the incoming 
                administration; and</DELETED>
                <DELETED>    ``(C) recommendations, if any, for changes 
                to the Presidential transition process.</DELETED>
<DELETED>    ``(k) Guidance on IT Management During the Transition.--
</DELETED>
        <DELETED>    ``(1) General guidance.--Not later than 180 days 
        before the date of each Presidential election, the Federal 
        Transition Coordinator, in consultation with the Secretary of 
        Homeland Security and the Administrator of the Office of E-
        Government and Information Technology, shall make publicly 
        available in a manner that is accessible by any candidate for 
        the office of President or Vice-President information regarding 
        information technology management during the Presidential 
        transition, including--</DELETED>
                <DELETED>    ``(A) information technology management 
                best practices to protect against cyber 
                threats;</DELETED>
                <DELETED>    ``(B) a description of technology 
                platforms that will be provided by the Administrator to 
                eligible candidates, including at minimum--</DELETED>
                        <DELETED>    ``(i) email and video 
                        conferencing;</DELETED>
                        <DELETED>    ``(ii) file-sharing and document-
                        sharing software;</DELETED>
                        <DELETED>    ``(iii) personnel selection, 
                        vetting, and documenting systems; and</DELETED>
                        <DELETED>    ``(iv) other technology required 
                        to facilitate virtual briefings, meetings, and 
                        other interactions between transition team 
                        members and with Federal agencies; 
                        and</DELETED>
                <DELETED>    ``(C) a description of what, if any, 
                technology platforms a candidate may be able to 
                transition into the incoming administration, should the 
                candidate become President.</DELETED>
        <DELETED>    ``(2) Guidance for eligible candidates.--After the 
        date described in paragraph (1) and before inauguration day, 
        the Federal Transition Coordinator, in consultation with the 
        Secretary of Homeland Security and the Administrator of the 
        Office of E-Government and Information Technology, may provide 
        additional information regarding information technology 
        management during the Presidential transition to each eligible 
        candidate.</DELETED>
        <DELETED>    ``(3) Submission to congress.--The Federal 
        Transition Coordinator shall submit to Congress any information 
        made publicly available or provided to an eligible candidate 
        under this subsection.''.</DELETED>
<DELETED>    (b) Ethics Plans.--Section 4(g)(3)(B) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended--</DELETED>
        <DELETED>    (1) by redesignating clauses (i), (ii), (iii), and 
        (iv) as clauses (ii), (iii), (iv), and (v), respectively; 
        and</DELETED>
        <DELETED>    (2) by inserting before clause (ii), as so 
        redesignated, the following:</DELETED>
                        <DELETED>    ``(i) the name and title of a 
                        transition team official whose responsibilities 
                        include overseeing implementation of and 
                        compliance with the ethics plan;''.</DELETED>

<DELETED>SEC. 11. TECHNICAL AMENDMENT.</DELETED>

<DELETED>    Section 3(a)(8)(A)(ii)(III) of the Presidential Transition 
Act of 1963 (3 U.S.C. 102 note) is amended by striking ``from the'' and 
all that follows and inserting ``from the Government Accountability 
Office.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agency Preparation for Transitions 
Act of 2024''.

SEC. 2. FEDERAL TRANSITION COORDINATOR.

    (a) In General.--Section 4(c) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended to read as follows:
    ``(c) Federal Transition Coordinator.--
            ``(1) Appointment.--The Administrator shall appoint an 
        employee of the General Services Administration who is a senior 
        career employee to the position of Federal Transition 
        Coordinator.
            ``(2) Duties of the federal transition coordinator.--A 
        Federal Transition Coordinator shall be responsible for--
                    ``(A) carrying out the duties and authorities of 
                the Administrator relating to Presidential transitions 
                under this Act, or any other provision of law, except 
                for determining when a candidate shall be treated as an 
                apparent successful candidate under section 3(c);
                    ``(B) serving as the Federal Transition Coordinator 
                with responsibility for coordinating transition 
                planning across agencies, including through the agency 
                transition directors council established under 
                subsection (e);
                    ``(C) ensuring agencies comply with all statutory 
                requirements relating to transition planning and 
                reporting;
                    ``(D) acting as a liaison to eligible candidates;
                    ``(E) regularly providing updates to agencies not 
                included on the agency transition directors council 
                with information, including information on briefing 
                materials, key transition milestones, and succession 
                planning;
                    ``(F) identifying best practices relating to 
                Presidential transitions for transition teams, Federal 
                agencies, and incumbent administrations;
                    ``(G) providing guidance to agencies on how the 
                agencies should engage with and provide information to 
                apparent successful candidates, should there be 
                multiple apparent successful candidates, as described 
                in section 3(c)(2); and
                    ``(H) identifying--
                            ``(i) the most significant challenges for 
                        Federal agencies that are posed by Presidential 
                        transitions;
                            ``(ii) ways to mitigate the risks 
                        associated with such challenges during 
                        subsequent Presidential transitions; and
                            ``(iii) overall improvements to the 
                        Presidential transition process.
            ``(3) Appointment of the federal transition coordinator.--
                    ``(A) In general.--Not later than 2 years before 
                the date of each Presidential election, the 
                Administrator shall appoint a Federal Transition 
                Coordinator.
                    ``(B) Non-election periods.--During any period 
                during which there is not an individual serving as 
                Federal Transition Coordinator pursuant to an 
                appointment in accordance with subparagraph (A), the 
                Administrator shall appoint a senior career employee to 
                carry out any transition responsibilities until the 
                appointment of the next Federal Transition Coordinator.
                    ``(C) Reporting to congress.--As soon as 
                practicable, but not later than 30 days, after the 
                Administrator appoints a new Federal Transition 
                Coordinator, the Administrator shall report to the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate and the Committee on Oversight and 
                Accountability of the House of Representatives that the 
                Administrator has made the appointment.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit the Administrator from revoking 
        an existing appointment of an individual serving as Federal 
        Transition Coordinator and appointing a new individual to serve 
        as the Federal Transition Coordinator.''.
    (b) Rule of Construction Regarding Additional Duties.--Nothing in 
the amendments made by this Act shall be construed to prevent an 
employee serving as Federal Transition Coordinator from performing 
duties in addition to duties relating to issues relating to 
Presidential transitions.
    (c) Conforming Amendment.--Section 3(c)(2)(B) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended by striking 
``Federal Transition Coordinator designated under'' and inserting 
``Federal Transition Coordinator appointed under''.

SEC. 3. WHITE HOUSE TRANSITION COORDINATING COUNCIL.

    (a) In General.--Section 4(d) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) in paragraph (1), by striking ``Not later than 6 months 
        before the date of a Presidential election,'' and all that 
        follows and inserting ``There is established a White House 
        transition coordinating council for the purposes of 
        facilitating the Presidential transition. The White House 
        transition coordinating council shall, at a minimum, meet and 
        perform the duties provided for in this Act.''; and
            (2) by adding at the end the following:
            ``(5) Meeting frequency.--The White House transition 
        coordinating council shall meet--
                    ``(A) as soon as practicable during a year during 
                which a Presidential election is being held, but not 
                later than the day before the first regular meeting of 
                the agency transition directors council under 
                subsection (e)(4)(B) during such year; and
                    ``(B) to host an exercise described in paragraph 
                (2)(C) as soon as is practicable after the date on 
                which the Administrator determines that a candidate 
                shall be treated as the sole apparent successful 
                candidate for the office of the President, but not 
                later than the date on which the apparent successful 
                candidate for the office of President is 
                inaugurated.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date that is 30 days after the date of enactment of this 
Act.

SEC. 4. MEMORANDUMS OF UNDERSTANDING.

    (a) In General.--Section 4(g)(1) of the Presidential Transition Act 
of 1963 (3 U.S.C. 102 note) is amended by striking ``shall include, at 
a minimum,'' and all that follows and inserting the following: ``shall 
include--
                    ``(A) at a minimum--
                            ``(i) the conditions of access to 
                        employees, facilities, and documents of 
                        agencies by transition staff;
                            ``(ii) the conditions of access to 
                        information and briefing material critical to 
                        national security, which shall be established 
                        in consultation with the relevant agencies;
                            ``(iii) the conditions of access to any 
                        interagency emergency preparedness and response 
                        exercises under subsection (d)(2)(C); and
                            ``(iv) the conditions of access to 
                        information, services, and facilities 
                        authorized to be provided in circumstances and 
                        during time periods described in section 3(c); 
                        and
                    ``(B) a provision creating a mechanism for 
                expeditiously addressing any concerns raised by the 
                eligible candidate or the incumbent administration 
                regarding ethical, privacy, or privilege concerns 
                relating to access to the information of agencies, 
                briefing materials, or nonpublic information.''.
    (b) Effective Date; Applicability.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on the date of enactment of this Act.
            (2) Applicability.--The amendments made by this section 
        shall apply--
                    (A) if this Act is enacted before August 1, 2024, 
                on and after the date that is 30 days after the date of 
                enactment of this Act; and
                    (B) if this Act is enacted on or after August 1, 
                2024, on and after January 21, 2025.

SEC. 5. FREQUENCY OF THE AGENCY TRANSITION DIRECTORS COUNCIL.

    Section 4(e)(4)(B) of the Presidential Transition Act of 1963 (3 
U.S.C. 102 note) is amended--
            (1) by striking ``6 months'' and inserting ``270 days''; 
        and
            (2) by striking ``inaugurated,'' and all that follows and 
        inserting the following: ``inaugurated, not less than once per 
        month, which shall include--
                            ``(i) a meeting during the period beginning 
                        on the day after the Presidential election and 
                        ending 3 days after the date of the 
                        Presidential election; and
                            ``(ii) a meeting during the period 
                        beginning 5 days after the date of the 
                        Presidential election and ending 10 days after 
                        the date of the Presidential election.''.

SEC. 6. DUTIES OF THE AGENCY TRANSITION DIRECTORS COUNCIL.

    Section 4(e)(2) of the Presidential Transition Act of 1963 (3 
U.S.C. 102 note) is amended--
            (1) in subparagraph (B), by inserting ``, including 
        guidance and templates for providing briefing materials and 
        information both in digital and physical formats'' after 
        ``candidates'';
            (2) in subparagraph (C)--
                    (A) by striking ``November 1'' and inserting 
                ``October 15''; and
                    (B) by inserting ``, which may be updated with 
                additional information as needed after October 15'' 
                before the semicolon at the end;
            (3) in subparagraph (D), by striking ``and'' at the end;
            (4) in subparagraph (E), by striking the period at the end 
        and inserting a semicolon; and
            (5) by adding at the end the following:
                    ``(F) plan for the possibility of engaging with and 
                providing information to apparent successful 
                candidates, should there be multiple apparent 
                successful candidates, as described in section 3(c)(2);
                    ``(G) develop working groups as needed; and
                    ``(H) after the inauguration as President of the 
                apparent successful candidate for the office of 
                President, work with the Federal Transition Coordinator 
                to identify lessons learned from the Presidential 
                transition.''.

SEC. 7. MEMBERSHIP OF AGENCY TRANSITION DIRECTORS COUNCIL.

    (a) In General.--Section 4(e) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (B), by inserting ``, which 
                shall include not less than 1 senior career employee 
                who shall oversee transition responsibilities for the 
                Executive Office of the President, including the 
                production of relevant transition briefing materials 
                for eligible candidates from each office or component 
                of the Executive Office of the President'' after ``by 
                the President'';
                    (B) in subparagraph (C), by striking ``section 
                901(b)(1) of title 31, United States Code, the Office 
                of Personnel Management'' and inserting ``paragraph (1) 
                or (2) of section 901(b) of title 31, United States 
                Code, the Executive Office of the President, the Office 
                of Management and Budget''; and
                    (C) in subparagraph (D), by inserting ``, as 
                defined under section 3502 of title 44, United States 
                Code, that is'' after ``any other agency''; and
            (2) by adding at the end the following:
            ``(5) Council for non-atdc agency transition directors.--
                    ``(A) In general.--The Co-Chairpersons of the 
                agency transition directors council shall establish and 
                operate a council for small and independent agency 
                transition directors (referred to in this paragraph as 
                the `council').
                    ``(B) Purpose.--The council shall serve as the 
                principle advisory body to the Co-Chairpersons of the 
                agency transition directors council relating to the 
                priorities, needs, and functions of the council, as 
                they relate to small and independent agencies.
                    ``(C) Members.--The council shall be composed of--
                            ``(i) the Agency Transition Directors 
                        designated under subsection (f)(1)(A) from each 
                        agency that does not have a representative who 
                        is a member of the agency transition directors 
                        council; and
                            ``(ii) the Co-Chairpersons of the agency 
                        transition directors council.
                    ``(D) Co-chairpersons.--The Co-Chairpersons of the 
                agency transition directors council shall serve as co-
                chairpersons of the council.
            ``(6) Lessons learned by omb.--After the inauguration as 
        President of the apparent successful candidate for the office 
        of President, the senior representative serving in a career 
        position in the Office of Management and Budget designated for 
        purposes of paragraph (3)(C) shall assist the Federal 
        Transition Coordinator by contributing any lessons learned by 
        the Office of Management and Budget from the Presidential 
        transition.''.
    (b) Implementation for 2024 Election.--As soon as is practicable 
after the date of enactment of this Act, the Director of the Office of 
Management and Budget shall designate a senior representative serving 
in a career position in the Office of Management and Budget to serve on 
the agency transition directors council in accordance with paragraph 
(3)(C) of section 4(e) of the Presidential Transition Act of 1963, as 
amended by subsection (a) of this section.

SEC. 8. INTERIM AGENCY LEADERSHIP FOR TRANSITIONS.

    (a) In General.--Section 4(f) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and adjusting the 
        margin accordingly;
            (2) by inserting before subparagraph (A), as so 
        redesignated, the following:
            ``(1) Election years.--'';
            (3) in paragraph (1)(A), as so designated--
                    (A) by striking ``6 months'' and inserting ``270 
                days''; and
                    (B) by striking ``to oversee and implement the 
                activities of the agency, component, or subcomponent 
                relating to the Presidential transition'' and inserting 
                ``, who shall serve as the Agency Transition Director 
                for the agency, oversee and implement the activities of 
                the agency, component, or subcomponent relating to 
                Presidential transition, and provide support to the 
                Federal Transition Coordinator and the Administrator as 
                necessary for the completion of the reports required 
                under paragraphs (3) and (4) of subsection (j)''; and
            (4) by adding at the end the following:
            ``(2) Oversight and implementation of transition in non-
        election years.--
                    ``(A) In general.--Not later than 1 year after the 
                date of each inauguration day--
                            ``(i) the head of each agency which has a 
                        representative who serves on the agency 
                        transition directors council shall designate an 
                        employee of the agency who is a senior career 
                        employee to serve as the representative of the 
                        agency at the annual meetings of the agency 
                        transition directors council described in 
                        subsection (e)(4)(A); and
                            ``(ii) the head of each agency which does 
                        not have a representative who serves on the 
                        agency transition directors council shall 
                        designate an employee of the agency who is a 
                        senior career employee to oversee issues 
                        relating to Presidential transitions.
                    ``(B) Duties.--An employee designated by the head 
                of an agency under subparagraph (A) shall serve as the 
                official responsible for the transition operations of 
                the agency until the date on which the head of the 
                agency designates an employee as an Agency Transition 
                Director under paragraph (1)(A) with respect to the 
                next Presidential election.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit the head of an agency from 
        designating--
                    ``(A) the individual who is serving as the Agency 
                Transition Director for the agency under paragraph 
                (1)(A) for purposes of paragraph (2)(A); or
                    ``(B) the individual who the head designated for 
                purposes of paragraph (2)(A) as the Agency Transition 
                Director for the agency under paragraph (1)(A).''.
    (b) Conforming Amendments.--Section 3(c)(2)(B) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended--
            (1) by striking ``the senior career employee of each 
        agency'' and inserting ``the Agency Transition Director of each 
        agency''; and
            (2) by striking ``subsection (f)(1)'' and inserting 
        ``subsection (f)(1)(A)''.
    (c) Rule of Construction Regarding Additional Duties.--Nothing in 
the amendments made by this Act shall be construed to prevent an 
employee serving as an Agency Transition Director from performing 
duties in addition to duties relating to issues relating to 
Presidential transitions.

SEC. 9. REPORTS ON POLITICAL APPOINTEES APPOINTED TO NONPOLITICAL 
              PERMANENT POSITIONS.

    Section 4(b) of the Edward ``Ted'' Kaufman and Michael Leavitt 
Presidential Transitions Improvements Act of 2015 (5 U.S.C. 3101 note) 
is amended by adding at the end the following:
            ``(3) Publication.--The Director of the Office of Personnel 
        Management shall make a version of each report required under 
        paragraph (1) and each report required under paragraph (2) 
        available to the public, which may exclude information in 
        accordance with subsection (c).''.

SEC. 10. REPORTS AND GUIDANCE BY TRANSITION OFFICIALS.

    (a) In General.--Section 4 of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) in subsection (i), in the subsection heading, by 
        inserting ``by the President'' after ``Reports''; and
            (2) by adding at the end the following:
    ``(j) Other Reports Regarding Transitions.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `incoming administration' means the 
                apparent successful candidate for the office of 
                President, the apparent successful candidate for the 
                office of Vice President, a member of the transition 
                team, or any other employee or contractor of the 
                apparent successful candidate for the office of 
                President or the apparent successful candidate for the 
                office of Vice President who is performing duties 
                relating to the Presidential transition; and
                    ``(B) the term `outgoing administration' means an 
                individual who, during the period beginning on the date 
                of a Presidential election and ending on the date of 
                the inauguration with respect to the Presidential 
                election (unless the individual serving as President on 
                the date of such Presidential election is inaugurated 
                as President at such inauguration), serves as the 
                President, the Vice President, or an officer or 
                employee in the executive branch of the Federal 
                Government.
            ``(2) Exercises.--Not later than November 1 of each year 
        during which a Presidential election is held, the White House 
        transition coordinating council shall submit to Congress a 
        report, which may contain a classified annex, on the plans of 
        the council for hosting exercises described in subsection 
        (d)(2)(C), which shall include a summary of--
                    ``(A) the topics to be covered by the exercises;
                    ``(B) scheduled dates for the exercises; and
                    ``(C) plans for ensuring emergency preparedness 
                prior to a determination by the Administrator that a 
                single candidate for the office of President should be 
                treated as the sole apparent successful candidate in 
                accordance with section 3(c), including during any 
                period of multiple apparent successful candidates as 
                described in section 3(c)(2), if applicable.
            ``(3) GAO reports.--
                    ``(A) In general.--Not later than 270 days after 
                the date of each inauguration day, the Comptroller 
                General of the United States, in consultation with the 
                agency transition directors council, shall submit to 
                the Committee on Homeland Security and Governmental 
                Affairs and the Committee on Appropriations of the 
                Senate and the Committee on Oversight and 
                Accountability and the Committee on Appropriations of 
                the House of Representatives a report on the 
                Presidential transition process and make a version of 
                the report available to the public.
                    ``(B) Contents.--A report under subparagraph (A) 
                shall include--
                            ``(i) a review of the efficiency, 
                        effectiveness, and security of activities 
                        required in this Act of the outgoing 
                        administration and the incoming administration, 
                        including--
                                    ``(I) briefings of members of the 
                                incoming administration by members of 
                                the outgoing administration;
                                    ``(II) migration of technology 
                                platforms;
                                    ``(III) information-sharing between 
                                agencies or between the outgoing 
                                administration and the incoming 
                                administration; and
                                    ``(IV) the services and facilities 
                                provided by the Administrator to 
                                facilitate an efficient transfer of 
                                power before and after the date of the 
                                applicable Presidential election;
                            ``(ii) the cost of the services and 
                        facilities provided by the General Services 
                        Administration, the National Archives and 
                        Records Administration, the Office of 
                        Government Ethics, the Office of Personnel 
                        Management, and the Department of Justice to 
                        facilitate an efficient transfer of power 
                        before and after the date of the applicable 
                        Presidential election;
                            ``(iii) an assessment of the major 
                        challenges and achievements of service-
                        providing agencies in the delivery of core 
                        transition services to agencies, the outgoing 
                        administration, and the incoming 
                        administration;
                            ``(iv) if the apparent successful candidate 
                        for the office of President is not serving as 
                        President on the date of the applicable 
                        Presidential election, a description of any 
                        known or reported delays in services provided 
                        by any agency to the incoming administration; 
                        and
                            ``(v) recommendations, if any, for changes 
                        to the Presidential transition process.
            ``(4) Lessons learned.--Not later than 180 days after each 
        inauguration day, the Federal Transition Coordinator shall 
        report to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Oversight and 
        Accountability of the House of Representatives regarding 
        lessons learned from the transition period and offer 
        recommendations for improvements to the Presidential transition 
        process, which shall include--
                    ``(A) lessons learned by Agency Transition 
                Directors and the agency transition directors council 
                with respect to the transition operations of agencies; 
                and
                    ``(B) recommendations, if any, for improvements to 
                the Presidential transition process.
    ``(k) Guidance on IT Management During the Transition.--
            ``(1) General guidance.--Not later than 1 year before the 
        date of each Presidential election, the Federal Transition 
        Coordinator, in consultation with the Secretary of Homeland 
        Security and the Administrator of the Office of Electronic 
        Government, shall make publicly available in a manner that is 
        accessible by any candidate for the office of President or 
        Vice-President information regarding information technology 
        management during the Presidential transition, including--
                    ``(A) information technology management best 
                practices to protect against cyber threats;
                    ``(B) a description of technology platforms that 
                will be provided by the Administrator to eligible 
                candidates, including at minimum--
                            ``(i) email and video conferencing;
                            ``(ii) file-sharing and document-sharing 
                        software;
                            ``(iii) personnel selection, vetting, and 
                        documenting systems; and
                            ``(iv) other technology required to 
                        facilitate virtual briefings, meetings, and 
                        other interactions between transition team 
                        members and with Federal agencies; and
                    ``(C) a description of what, if any, technology 
                platforms a candidate may be able to transition into 
                the incoming administration, should the candidate 
                become President.
            ``(2) Guidance for eligible candidates.--After the date 
        described in paragraph (1) and before inauguration day, the 
        Federal Transition Coordinator, in consultation with the 
        Secretary of Homeland Security and the Administrator of the 
        Office of Electronic Government, may provide additional 
        information regarding information technology management during 
        the Presidential transition to each eligible candidate.
            ``(3) Submission to congress.--The Federal Transition 
        Coordinator shall submit to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Oversight and Accountability of the House of Representatives 
        any information made publicly available or provided to an 
        eligible candidate under this subsection.''.
    (b) Effective Date; Applicability.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on the date of enactment of this Act.
            (2) Applicability.--
                    (A) Exercises.--Subsection (j)(2) of section 4 of 
                the Presidential Transition Act of 1963, as added by 
                this section, shall apply--
                            (i) if this Act is enacted before October 
                        1, 2024, with respect to the Presidential 
                        election occurring on November 5, 2024, and 
                        each Presidential election thereafter; or
                            (ii) if this Act is enacted on or after 
                        October 1, 2024, with respect to the 
                        Presidential election occurring on November 7, 
                        2028, and each Presidential election 
                        thereafter.
                    (B) Reporting.--Paragraphs (3) and (4) of 
                subsection (j) of section 4 of the Presidential 
                Transition Act of 1963, as added by this section, shall 
                apply with respect to the Presidential election 
                occurring on November 5, 2024, and each Presidential 
                election thereafter.
                    (C) Guidance.--Subsection (k) of section 4 of the 
                Presidential Transition Act of 1963, as added by this 
                section, shall apply with respect to the Presidential 
                election occurring on November 7, 2028, and each 
                Presidential election thereafter.

SEC. 11. TECHNICAL AMENDMENT.

    Section 3(a)(8)(A)(ii)(III) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended by striking ``from the'' and all 
that follows and inserting ``from the Government Accountability 
Office.''.
                                                       Calendar No. 733

118th CONGRESS

  2d Session

                                S. 3654

                          [Report No. 118-313]

_______________________________________________________________________

                                 A BILL

To amend the Presidential Transition Act of 1963 to require the timely 
    appointment of agency transition officials, to ensure adequate 
 performance and oversight of required transition-related preparation, 
to require new guidance for agencies and possible transition teams, and 
                          for other purposes.

_______________________________________________________________________

            December 19 (legislative day, December 16), 2024

                       Reported with an amendment
```