U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–94 

Calendar No. 166 

PRESIDENTIAL TRANSITIONS 

IMPROVEMENTS ACT OF 2015 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 1172 

TO IMPROVE THE PROCESS OF PRESIDENTIAL TRANSITION 

JULY 27, 2015.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

JONI ERNST, Iowa 

BEN SASSE, Nebraska 

THOMAS R. CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

CORY A. BOOKER, New Jersey 

GARY C. PETERS, Michigan 

KEITH B. ASHDOWN, Staff Director 

CHRISTOPHER R. HIXON, Chief Counsel 

PATRICK J. BAILEY, Chief Counsel for Governmental Affairs 

GABRIELLE D’ADAMO SINGER, Deputy Chief Counsel for Governmental Affairs 

GABRIELLE A. BATKIN, Minority Staff Director 

JOHN P. KILVINGTON, Minority Deputy Staff Director 

MARY BETH SCHULTZ, Minority Chief Counsel 

DEIRDRE G. ARMSTRONG, Minority Professional Staff Member 

LAURA W. KILBRIDE, Chief Clerk 


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Calendar No. 166 

114TH CONGRESS SENATE REPORT " ! 1st Session 114–94 

PRESIDENTIAL TRANSITIONS IMPROVEMENTS ACT OF 

2015 

JULY 27, 2015.—Ordered to be printed 

Mr. JOHNSON, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 1172] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 1172) to improve the process of 

presidential transition, having considered the same, reports favorably thereon with amendments and recommends that the bill as 

amended do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 5 

IV. Section-by-Section Analysis .......................................................................... 6 

V. Evaluation of Regulatory Impact .................................................................. 8 

VI. Congressional Budget Office Cost Estimate ................................................ 8 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 9 

I. PURPOSE AND SUMMARY

S. 1172, the Edward ‘‘Ted’’ Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015, seeks to improve 

the process of presidential transitions. Under existing law, the 

transfer of power from one administration to the next is aided by 

the General Services Administration (GSA), which provides transition planning support to major presidential candidates and, following a presidential election, provides the president-elect and vicepresident-elect the services and facilities needed to assume their official duties. S. 1172 would ensure that a senior-level and White 

House-led inter-agency transition council is in place at least six 

months before Election Day, and that a standing, working-level 


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1Pub. L. No. 88–277, 78 Stat. 153 (1964) (codified at 3 U.S.C. § 102 (note). 

2 Id. 

3 U.S. President’s Commission on Campaign Costs, Financing Presidential Campaigns, 23–24 

(U.S. Gov’t Printing Office, 1962). 4 3 U.S.C. § 102 (note). 

5Pub. L. No. 100–398. 

6Pub. L. No. 106–293. 

7 National Commission on Terrorist Attacks upon the United States, The 9/11 Commission 

Report, 422–23 (2004), available at http://www.9–11commission.gov/report/911Report.pdf. 8Pub. L. No. 108–458 § 7601(a), codified at 3 U.S.C. § 102 (note, subsection (f)). 

inter-agency group will develop an integrated strategy for transitions. The bill also clarifies the transition duties of the GSA and 

expands training available to incoming presidential appointees. 

II. BACKGROUND AND THE NEED FOR LEGISLATION

The peaceful transfer of executive power from one president to 

another is a hallmark of American democracy. Careful planning for 

a presidential transition ensures that a president-elect is ready to 

govern on the first day of a new administration and prevents disruptions that can create vulnerabilities to the nation’s security. 

Concerns over the need for a smooth transition first led Congress 

to address this issue during the Cold War by enacting the Presidential Transition Act of 1963.1 The purpose of the legislation was 

to ‘‘promote the orderly transfer of executive power’’ during presidential transitions and ‘‘prevent results detrimental to the safety 

and well-being of the United States and its people.’’ 2 Before 1963, 

most expenses for presidential transitions were borne by the president-elect, the winning party, and volunteers.3 The Presidential 

Transition Act altered this model by directing the GSA to provide 

services, including office space and other facilities for the incoming 

transition team, the employment of transition staff, and the arrangement of staff from other agencies to assist in the transition.4

Subsequent legislation has updated and expanded the Presidential Transition Act. The Presidential Transition Effectiveness 

Act of 1988 increased the authorized appropriations to the GSA Administrator to provide services and facilities for the transition and 

to incoming and outgoing administrations; required that a specified 

amount of money be returned to the Treasury if the former vice 

president becomes the president-elect; and added several reporting 

requirements, including the disclosure of all transition personnel 

and the disclosure of all private money received for use during the 

transition.5

The Presidential Transition Act of 2000 amended the law further 

to provide for additional appointee orientation and human resources support for the incoming administration.6 The Intelligence 

Reform and Terrorism Prevention Act of 2004 (IRTPA), enacted in 

response to the recommendations of the 9/11 Commission,7 also 

amended the Presidential Transition Act, providing that a president-elect should submit the names of candidates for high-level national security positions, and the appropriate agencies should conduct necessary background investigations of these individuals, as 

soon as possible after the presidential election.8 In addition, IRTPA 

allowed major party nominees to request security clearances for 

members of their transition team with a need for access to classified information and directed that background investigations for 


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9Pub. L. No. 108–458 § 7601(c), codified at 50 U.S.C. § 435b (note). 

10Pub. L. No. 111–283. 11 Id. 12S. REP. NO. 111–239 at 3 (2010). 13Partnership for Public Service, Ready to Govern: Improving the Presidential Transition (Jan. 

2010) (hereinafter Ready to Govern), available at http://ourpublicservice.org/issues/develop-leaders/ready-to-govern.php. 14 Christopher Liddell, Daniel Kroese & Clark Campbell, Romney Readiness Project 2012: Retrospective & Lessons Learned, (R2P Inc., 2013). 

these individuals be completed, to the fullest extent practicable, by 

the day after the general election.9

In 2010, recognizing a growing need for transition activities to 

start well before the day of a presidential election, the Committee 

reported the Pre-Election Presidential Transition Act of 2010 (‘‘the 

2010 Act’’), which was then passed by both the Senate and the 

House of Representatives and signed into law on October 15, 

2010.10 Building on best practices from past transitions, the bill authorized the creation of a transition coordinating council composed 

of high-level executive branch officials selected by the president. 

The 2010 Act also authorized the establishment of an agency-level 

transition director’s council for career employees designated to lead 

transition efforts in their agencies. In addition, to move the transition planning calendar back, the 2010 Act authorized GSA to provide transition planning support to major party nominees or major 

third-party candidates following the candidates’ nomination.11

In the report accompanying the Pre-Election Presidential Transition Act of 2010, the Committee stated: 

The post-September 11 security environment has made 

the old transition model obsolete. Numerous challenges 

now necessitate earlier planning and closer cooperation between incoming and outgoing administrations; the period 

between Election Day and the inauguration of a new president simply provides too short a timeframe for an incoming administration to do everything it needs to prepare for 

taking office. The selection process for incoming senior administration officials, many of whom require extensive security clearance background checks, for example, can be 

long and cumbersome. The Pre-Election Presidential Transition Act seeks to mitigate the risks inherent in the transfer of power and encourage early transition planning by 

providing resources and educating the campaigns, the 

press, and the public on the importance of early transition 

activities.12

Presidential Transitions Improvements Act of 2015 

The challenges and risks identified by the Committee in passing 

the Pre-Election Presidential Transition Act of 2010 have only increased since 2010. Drawing from reviews of past transitions, including the Partnership for Public Service’s Ready to Govern report 13 and the Retrospective & Lessons Learned report of Governor 

Mitt Romney’s transition team,14 the Presidential Transitions Improvements Act of 2015 will strengthen the transition planning of 

the multiple parties whose active involvement is necessary for a 

successful transition: the incumbent president, major candidates, 

the president and vice-president-elect, senior career officials across 

the government, and the transition support team at GSA. 


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15The councils authorized by the 2010 Act were modeled on previous councils created by executive action. See e.g., ‘‘Facilitation of a Presidential Transition,’’ Exec. Order No. 13176, 65 Fed. 

Reg. 71, 233 (Nov. 27, 2000) and ‘‘Facilitation of a Presidential Transition,’’ Exec. Order No. 

13476, 73 Fed. Reg. 60, 605 (Oct. 9, 2008). 

Inter-Agency transition planning 

The bill institutionalizes and strengthens several of the processes 

that have been effective in past transitions, including the high-level 

and career-level working groups that were authorized—but not 

mandated—by the 2010 Act.15 The bill requires that the high-level, 

interagency transition coordinating council, chaired by a senior 

White House official chosen by the president, be established at 

least six months before Election Day. This will ensure that incumbent administrations take an early, organized approach to transition planning. The bill also requires the creation of an Agency 

Transition Directors Council, composed of senior representatives 

from major agencies and other agencies with significant responsibilities for transition activities. This council will ensure that 

there is strong career-level transition leadership, which will provide continuity at a time when significant numbers of political appointees are departing. The Committee also encourages both the 

White House Transition Coordinating Council and the Agency 

Transition Directors Council, consistent with practice of similar 

councils in the past, to seek participation by non-governmental 

groups with expertise in transitions. 

The bill also codifies and strengthens the role that GSA has long 

played in inter-agency transition planning by requiring the Administrator of GSA to designate a senior career appointee to carry out 

the duties and authorities of GSA relating to presidential transitions under this bill or any other provision of law. The bill designates this person the ‘‘Federal Transition Coordinator,’’ with responsibility for coordinating transition planning, chairing the Agency Transition Directors Council, and serving as a liaison to eligible 

presidential candidates. Recognizing the length of modern transitions, the bill also extends the ability of GSA to offer transition 

services from 30 days after Inauguration Day to 180 days after Inauguration Day. 

Agency transition planning 

While an incumbent White House leads a transition, much of the 

day-to-day transition work occurs at the agency level. To ensure 

that agencies plan adequately for transitions, the bill requires that, 

not later than six months before Election Day, the head of each 

agency will designate a senior career employee of each major component and subcomponent of the agency to oversee transition activities. Also, the bill requires that, not later than September 15 of 

a presidential election year, the head of the agency will designate 

a qualified career employee to serve in an acting capacity during 

the transition for each critical non-career position in an agency. 

Cooperation between incumbent administration and major candidates 

Early, effective communication and cooperation between an incumbent administration and major presidential candidates is essential for effective transitions. Therefore, the bill provides that a 

transition representative from each major candidate will also serve, 


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16See, e.g., Ready to Govern, pp. i, 3. 

in an advisory capacity, on both the White House Transition Coordinating Council and the Agency Transition Directors Council. 

The bill also requires, to the greatest extent practicable, the negotiation of memorandums of understanding between the incumbent 

administration and the transition teams of major candidates to be 

completed not later than November 1 of a presidential election 

year. The memorandums of understanding will be based on those 

from past transitions as much as possible. 

Training of incoming appointees 

Many appointees coming into an administration have extensive 

policy experience but are new to federal service. Training helps 

prepare these appointees so that they are better equipped to carry 

out their duties in the unique environment of the federal government. The bill provides that training may be offered to appointees 

to key positions in federal agencies (in addition to the training already offered under the Presidential Transition Act to heads of departments and senior officials of the Executive Office of the President). The bill also ensures that training will be available to incoming key appointees in the case of a president who is re-elected, and 

to key appointees throughout a president’s administration, and not 

just at the beginning of a term in office. This training, combined 

with other actions that an incumbent administration may already 

take, such as providing ethics guidance to transition teams, will 

help improve the management skills of incoming appointees. 

National Archives presidential transition 

The National Archives and Records Administration (NARA) also 

plays a key role in transitions by helping the outgoing administration prepare files and documents for archiving. The bill provides for 

better transition planning at NARA by allowing for inclusion, in 

the budget request for NARA for the fiscal year in which an incumbent president’s first term would expire, estimated costs of NARA’s 

Presidential transition activities. 

Conclusion 

The success of a transition in large part depends on the expectations set by the incumbent president and the initiatives of the 

major candidates and president-elect. For example, the climate of 

cooperation and professionalism, combined with thorough transition planning, during the transition between President George W. 

Bush and then President-elect Barack Obama, led to what has 

been characterized as one of the most seamless transitions in modern history.16 S. 1172 would provide significant additional authorities and processes for strengthening transition planning, and will 

provide a strong endorsement from Congress of highly organized 

transitions that start well before Election Day. 

III. LEGISLATIVE HISTORY

The Edward ‘‘Ted’’ Kaufman and Michael Leavitt Presidential 

Transitions Improvements Act of 2015, S. 1172, was introduced 

April 30, 2015, by Senators Tom Carper (D–De.), and Ron Johnson 


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17Senator Kaufman was the sponsor of the Pre-Election Presidential Transition Act of 2010; 

Governor Leavitt led Governor Romney’s transition team in 2012. 

(R–Wi.). The bill was referred to the Committee on Homeland Security and Governmental Affairs. 

The Committee considered S. 1172 at a business meeting on May 

6, 2015. During the business meeting, three amendments were 

adopted. Senator Johnson’s first amendment requires the Office of 

Personnel and Management (OPM) to report the number, names, 

titles, and pay of all political appointees who have been converted 

to career positions to the Committee on Oversight & Government 

Reform (OGR) and the Homeland Security and Governmental Affairs Committee (HSGAC) on a quarterly basis. Senator Johnson’s 

second amendment requires the Government Accountability Office 

(GAO) to study and report on regulations promulgated near the 

end of presidential terms. Senator Ben Sasse’s amendment requires 

the Secretary of Homeland Security to conduct an analysis of national security threats related to terrorism and border security 

vulnerabilities during a presidential transition, and report to Congress. The three amendments were adopted by voice vote en bloc 

with Senators Johnson, McCain, Portman, Lankford, Ernst, Sasse, 

Carper, McCaskill, Baldwin, Heitkamp, and Peters present. 

Also during the business meeting, Senator Carper asked for and 

received unanimous consent to change the short title of the bill to 

the ‘‘Edward ‘Ted’ Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015.’’ 17

The Committee ordered the bill, as amended, reported favorably 

by voice vote en bloc on May 6, 2015. Senators present for the vote 

on the bill were Senators Johnson, McCain, Portman, Lankford, 

Ernst, Sasse, Carper, McCaskill, Baldwin, Heitkamp, and Peters. 

IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title 

This section establishes the short title of the bill as the ‘‘Edward 

‘Ted’ Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015.’’ 

Section 2. Presidential transition improvements 

This section amends the Presidential Transition Act of 1963 to 

provide that the Administrator of the GSA shall designate a senior 

career appointee to carry out the duties and authorities of GSA relating to presidential transitions under this bill or any other provision of law, to serve as the Federal Transition Coordinator with responsibility for coordinating transition planning, to ensure that 

agencies comply with all statutory requirements relating to transition planning and reporting, and to serve as a liaison to eligible 

presidential candidates. 

This section also strengthens the White House-led interagency 

transition coordinating council that was authorized by the PreElection Presidential Transition Act of 2010 by requiring that the 

council (re-named the White House Transition Coordinating Council) be established not later than six months before Election Day. 

This council is responsible for providing guidance to agencies and 

the Federal Transition Coordinator, facilitating information sharing and communication between eligible candidates and senior offiVerDate Sep 11 2014 06:38 Jul 31, 2015 Jkt 049010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR094.XXX SR094

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cials in the White House and in federal agencies, and conducting 

inter-agency emergency preparedness and response exercises. 

In addition, this section establishes a working-level Agency Transition Directors Council, that will be chaired by the Federal Transition Coordinator and will also include senior representatives from 

major agencies and other agencies with significant responsibilities 

for transition activities. A transition representative from each 

major candidate will also serve on the White House Transition Coordinating Council and the Agency Transition Directors Council in 

an advisory capacity. The Agency Transition Directors Council will 

assist in developing an integrated government-wide transition 

strategy and will ensure that briefing materials that may be requested by eligible candidates are prepared not later than November 1 in a presidential election year. 

To ensure that agencies plan adequately for transitions, this section also requires that not later than six months before Election 

Day, the head of each agency shall designate a senior career employee of each major component and subcomponent of the agency 

to oversee transition activities. Also, not later than September 15 

of a presidential election year, for each critical non-career position 

in an agency, the head of the agency shall designate a qualified career employee to serve in an acting capacity during the transition. 

This section also requires, to the greatest extent practicable, the 

negotiation of memorandums of understanding between the incumbent administration (acting through the Federal Transition Coordinator) and the transition teams of major candidates, not later than 

November 1 of a presidential election year. To the greatest extent 

practicable, the memorandums of understanding shall be based on 

those from past transitions. 

This section clarifies that GSA may provide human resource 

management support as part of its transition services, and also 

clarifies that, in the event of a contested or undetermined election 

outcome, GSA can continue to provide services to the presidential 

contenders until the outcome of the election is determined. The bill 

also extends the ability of GSA to offer transition services from 30 

days after Inauguration Day to 180 days after Inauguration Day. 

The Presidential Transition Act currently allows resources appropriated under the Act to be used for training of department heads 

and key positions in the Executive Office of the President. This section amends that provision to also allow training of appointees to 

key positions in federal agencies. This section also ensures that 

training is available to incoming key appointees in the case of a 

president who is re-elected, and provides that training can be offered to key appointees throughout a president’s administration, 

and not just at the beginning of a term in office. 

To keep Congress apprised of transition activities, this section 

also requires the submission of reports on those activities, through 

the Federal Transition Coordinator, to HSGAC and OGR six 

months and again three months before Election Day. 

Section 3. National Archives presidential transition 

This section amends the Presidential Records Act to allow the 

National Archives and Records Administration (NARA) to include 

estimates of NARA’s presidential activities in the budget submisVerDate Sep 11 2014 06:38 Jul 31, 2015 Jkt 049010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR094.XXX SR094

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sion for the fiscal year in which an incumbent president’s first term 

would expire. 

Section 4. Reports on political appointees appointed to nonpolitical 

permanent positions 

This section requires OPM to submit to HSGAC and OGR quarterly reports regarding requests by agencies to appoint political appointees or former political appointees to nonpolitical civil service 

positions. These reports are required to include details on both the 

political and civil service positions related to each request and 

whether OPM approved or denied the request. 

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

This section requires GAO to produce a report regarding regulations promulgated during the last 120-day period of presidential 

administrations ending in 1993, 2001, 2009 and 2017. 

Section 6. Analysis of threats and vulnerabilities 

This section requires the Secretary of Homeland Security to submit to Congress, by not later than February 15, 2016, a report analyzing the threats and vulnerabilities facing the United States during a presidential transition. The report shall identify and discuss 

vulnerabilities related to border security and threats related to terrorism, including from weapons of mass destruction; shall identify 

steps being taken to address the threats and vulnerabilities during 

a presidential transition; and may include recommendations for actions by components and agencies within the Department of Homeland Security. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirement of paragraph 11(b)(1) of rule XXVI 

of the Standing Rules of the Senate the Committee has considered 

the regulatory impact of this bill. The legislation will not result in 

additional regulation, increased economic impact, adverse impact 

on personal privacy, or additional paperwork on any individuals or 

businesses. The Congressional Budget Office confirmed that S. 

1172 contains no intergovernmental or private-sector mandates as 

defined in Unfunded Mandates Reform Act. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

JUNE 16, 2015. 

Hon. RON JOHNSON, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1172, the Edward ‘‘Ted’’ 

Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

KEITH HALL. 

Enclosure. 


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S. 1172—Edward ‘‘Ted’’ Kaufman and Michael Leavitt Presidential 

Transitions Improvements Act of 2015 

S. 1172 would amend federal law to codify the process of 

transitioning from one presidential administration to another. The 

bill would establish councils of federal employees to oversee and coordinate transition activities within the White House and across all 

federal agencies. The bill also would require each agency to appoint 

staff to manage internal transition activities. Finally, S. 1172 

would extend the period of time during which the General Services 

Administration can spend funds on services and facilities for the 

incoming administration after the inauguration. 

According to major government agencies and non-profit organizations involved with previous presidential transitions, most of the 

provisions of the legislation would require agencies to implement 

practices that are typically put into place immediately preceding 

and following a presidential election. Therefore, CBO estimates 

that implementing this legislation would cost less than $500,000 

over the next five years. Because enacting S. 1172 would not affect 

direct spending or revenues, pay-as-you-go procedures do not apply. 

S. 1172 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contacts for this estimate are Matthew Pickford 

and Ben Christopher. The estimate was approved by H. Samuel 

Papenfuss, Deputy Assistant Director for Budget Analysis. 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows: (existing law proposed to be omitted 

is enclosed in brackets, new matter is printed in italic, and existing 

law in which no change is proposed is shown in roman): 

TITLE 3—THE PRESIDENT 

* * * * * * * 

CHAPTER 2—OFFICE AND COMPENSATION OF 

PRESIDENT 

* * * * * * * 

THE PRESIDENTIAL TRANSITION ACT OF 1963 

* * * * * * * 

SEC. 3. SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO 

PRESIDENTS-ELECT AND VICE-PRESIDENTS-ELECT. 

(a) * * * 

(1) * * * 

* * * * * * * 

(4) * * * 

(A) * * * 

(B) When requested by the President-elect or Vice-President-elect or their designee, and approved by the President, Government aircraft may be provided for transition 

purposes on a reimbursable basis; when requested by the 


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President-elect, the Vice-President-elect, or the designee of 

the President-elect or Vice-President-elect, aircraft may be 

chartered for transition purposes; and any collections from 

the Secret Service, press, or others occupying space on 

chartered aircraft shall be deposited to the credit of the appropriations made under øsection 6¿ section 7 of this Act. 

* * * * * * * 

(8) * * * 

(A) * * * 

(i) Not withstanding subsection (b), payment of expenses during the transition and during the term of a 

President for briefings, workshops, or other activities 

to acquaint key prospective Presidential appointees 

with the types of problems and challenges that most 

typically confront new political appointees when they 

make the transition from campaign and other prior activities to assuming the responsibility for governance 

øafter inauguration¿. 

* * * * * * * 

(B) Activities under this paragraph shall be conducted 

primarily for individuals the President-elect or eligible 

candidate (as defined in subsection (h)(4)) for President intends to nominate as department heads or appoint to key 

positions in the Executive Office of the President or Executive agencies (as defined in section 105 of title 5, United 

States Code). 

* * * * * * * 

(10) Notwithstanding subsection (b), consultation by the Administrator with any President-elect, Vice-President-elect, or 

eligible candidate (as defined in subsection (h)(4)) to develop a 

systems architecture plan for the computer and communications systems of the candidate to coordinate a transition to 

Federal systems if the candidate is elected including, to the 

greatest extent practicable, human resource management system 

software compatible with the software used by the incumbent 

President and likely to be used by the President-elect and VicePresident-elect. 

(b) The Administrator may not expend funds for the provision of 

services and facilities under øsection 3 of this Act¿ this section in 

connection with any obligations incurred by the President-elect or 

Vice-President-elect— 

(1) * * * 

(2) after ø30 days¿ 180 days after the date of the inauguration of the President-elect as President and the inauguration 

of the Vice-President-elect as Vice President. 

* * * * * * * 

(g) In the case where the President-elect is the incumbent President or in the case where the Vice-President-elect is the incumbent 

Vice President, except for activities under subsection (a)(8)(A), there 

shall be no expenditures of funds for the provision of services and 

facilities to such incumbent under this Act, and any funds appropriated for such purposes shall be returned to the general funds of 

the Treasury. 

(h) * * * 

(1) * * * 


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(2) * * * 

(A) * * * 

(B) * * * 

(C) * * * 

(D) An eligible candidate shall have a right to the services and facilities described in this paragraph until the 

date on which the Administrator is able to determine the 

apparent successful candidates for the office of President 

and Vice President. 

(3) * * * 

(A) * * * 

(B) * * * 

(i) * * * 

(ii) * * * 

(iii) An eligible candidate establishing a separate 

fund under subparagraph (A) shall (as a condition for 

receiving services and facilities described in paragraph 

(2)) comply with all requirements and limitations of 

øsection 5¿ section 6 in soliciting or expending 

amounts in the same manner as the President-elect or 

Vice-President-elect, including reporting on the transfer and expenditure of amounts described in subparagraph (B)(i) in the disclosures required by øsection 5¿ 

section 6. 

* * * * * * * 

SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘Administrator’’ means the Administrator of General Services; 

(2) the term ‘‘agency’’ means an Executive agency, such as defined in section 105 of title 5, United States Code; 

(3) the term ‘‘eligible candidate’’ has the meaning given that 

term in section 3(h)(4); and 

(4) the term ‘‘Presidential election’’ means a general election 

held to determine the electors of President and Vice President 

under section 1 or 2 of title 3, United States Code. 

(b) GENERAL DUTIES.—The President shall take such actions as 

the President determines necessary and appropriate to plan and coordinate activities by the Executive branch of the Federal Government to facilitate an efficient transfer of power to a successor President, including by— 

(1) establishing and operating a White House transition coordinating council in accordance with subsection (d); and 

(2) establishing and operating an agency transition directors 

council in accordance with subsection (e). 

(c) FEDERAL TRANSITION COORDINATOR.—The Administrator shall 

designate an employee of the General Services Administration who 

is a senior career appointee to— 

(1) carry out the duties and authorities of the General Services Administration relating to Presidential transitions under 

this Act or any other provision of law; 

(2) serve as the Federal Transition Coordinator with responsibility for coordinating transition planning across agencies, inVerDate Sep 11 2014 06:38 Jul 31, 2015 Jkt 049010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6603 E:\HR\OC\SR094.XXX SR094

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cluding through the agency transition directors council established under subsection (e); 

(3) ensure agencies comply with all statutory requirements relating to transition planning and reporting; and 

(4) act as a liaison to eligible candidates. 

(d) WHITE HOUSE TRANSITION COORDINATING COUNCIL.— 

(1) ESTABLISHMENT.—Not later than 6 months before the date 

of a Presidential election, the President shall establish a White 

House transition coordinating council for purposes of facilitating the Presidential transition. 

(2) DUTIES.—The White House transition coordinating council shall— 

(A) provide guidance to agencies and the Federal Transition Coordinator regarding preparations for the Presidential transition, including succession planning and preparation of briefing materials; 

(B) facilitate communication and information sharing between the transition representatives of eligible candidates 

and senior employees in agencies and the Executive Office 

of the President; and 

(C) prepare and host interagency emergency preparedness 

and response exercises. 

(3) MEMBERSHIP.—The members of the White House transition coordinating council shall include— 

(A) senior employees of the Executive branch selected by 

the President, which may include the Chief of Staff to the 

President, any Cabinet officer, the Director of the Office of 

Management and Budget, the Administrator, the Director 

of the Office of Personnel Management, the Director of the 

Office of Government Ethics, and the Archivist of the 

United States; 

(B) the Federal Transition Coordinator; 

(C) the transition representative for each eligible candidate, who shall serve in advisory capacity; and 

(D) any other individual the President determines appropriate. 

(4) CHAIRPERSON.—The Chairperson of the White House transition coordinating council shall be a senior employee in the Executive Office of the President, designated by the President. 

(e) AGENCY TRANSITION DIRECTORS COUNCIL.— 

(1) IN GENERAL.—The President shall establish and operate 

an agency transition directors council, which shall— 

(A) ensure the Federal Government has an integrated 

strategy for addressing interagency challenges and responsibilities around Presidential transitions and turnover of 

non-career appointees; 

(B) coordinate transition activities between the Executive 

Office of the President, agencies, and the transition team of 

eligible candidates and the President-elect and Vice-President-elect; and 

(C) draw on guidance provided by the White House transition coordinating council and lessons learned from previous Presidential transitions in carrying out its duties. 


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(2) DUTIES.—As part of carrying out the responsibilities 

under paragraph (1), the agency transition directors council 

shall— 

(A) assist the Federal Transition Coordinator in identifying and carrying out the responsibilities of the Federal 

Transition Coordinator relating to a Presidential transition; 

(B) provide guidance to agencies in gathering briefing 

materials and information related to the Presidential transition that may be requested by eligible candidates; 

(C) ensure materials and information described in subparagraph (B) are prepared not later than November 1 of 

a year during which a Presidential election is held; 

(D) ensure agencies adequately prepare career employees 

who are designated to fill non-career positions under subsection (f) during a Presidential transition; and 

(E) consult with the President’s Management Council, or 

any successor thereto, in carrying out the duties of the 

agency transition directors council. 

(3) MEMBERSHIP.—The members of the agency transition directors council shall include— 

(A) the Federal Transition Coordinator, who shall serve 

as Chairperson of the agency transition directors council; 

(B) a senior employee serving in the Executive Office of 

the President, who shall be appointed by the President; 

(C) a senior representative from each agency described in 

section 901(b)(1) of title 31, United States Code, the Office 

of Personnel Management, the Office of Government Ethics, 

and the National Archives and Records Administration 

whose responsibilities include leading Presidential transition efforts within the agency; 

(D) a senior representative from any other agency determined by the Federal Transition Coordinator to be an 

agency that has significant responsibilities relating to the 

Presidential transition process; and 

(E) during a year during which a presidential election 

will be held, a transition representative for each eligible 

candidate, who shall serve in an advisory capacity. 

(4) MEETINGS.—The agency transition directors council shall 

meet— 

(A) subject to subparagraph (B), not less than once per 

year; and 

(B) during the period beginning on the date that is 6 

months before a Presidential election and ending on the 

date on which the President-elect is inaugurated, on a regular basis as necessary to carry out the duties and authorities of the agency transition directors council. 

(f) INTERIM AGENCY LEADERSHIP FOR TRANSITIONS.— 

(1) OVERSIGHT AND IMPLEMENTATION OF TRANSITION.—Not 

later than 6 months before the date of a Presidential election, 

the head of each agency shall designate a senior career employee of the agency and a senior career employee of each major 

component and subcomponent of the agency to oversee and implement the activities of the agency, component, or subcomponent relating to the Presidential transition. 


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(2) ACTING OFFICERS.—Not later than September 15 of a year 

during which a Presidential election occurs, and in accordance 

with subchapter III of chapter 33 of title 5, United State Code, 

for each non-career position in an agency that the head of the 

agency determines is critical, the head of the agency shall designate a qualified career employee to serve in the position in an 

acting capacity if the position becomes vacant. 

(g) MEMORANDUMS OF UNDERSTANDING.— (1) IN GENERAL.—Not later than November 1 of a year during 

which a Presidential election occurs, the President (acting 

through the Federal Transition Coordinator) shall, to the maximum extent practicable, negotiate a memorandum of understanding with the transition representative of each eligible candidate, which shall include, at a minimum, the conditions of 

access to employees, facilities, and documents of agencies by 

transition staff. 

(2) EXISTING RESOURCES.—To the maximum extent practicable, the memorandums of understanding negotiated under 

paragraph (1) shall be based on memorandums of understanding from previous Presidential transitions. 

(h) EQUITY IN ASSISTANCE.—Any information of other assistance 

provided to eligible candidates under this section shall be offered on 

an equal basis and without regard to political affiliation. 

(i) REPORTS.— (1) IN GENERAL.—The President, acting through the Federal 

Transition Coordinator, shall submit to the Committee on Oversight and Government Reform of the House of Representatives 

and the Committee on Homeland Security and Governmental 

Affairs of the Senate reports describing the activities undertaken by the President and agencies to prepare for the transfer 

of power to a new President. 

(2) TIMING.—The reports under paragraph (1) shall be provided 6 months and 3 months before the date of a Presidential 

election. 

øSEC. 4¿ SEC. 5. SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO FORMER PRESIDENTS AND FORMER VICE 

PRESIDENTS. 

* * * * * * * 

øSEC. 5¿ SEC. 6. DISCLOSURES OF FINANCING AND PERSONNEL; LIMITATION ON ACCEPTANCE OF DONATIONS. 

(a) * * * 

(1) The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under øsection 6(a)(1)¿ section 7(a)(1)) shall disclose to 

the Administrator the date of contribution, source, amount, 

and expenditure thereof of all money, other than funds from 

the Federal Government, and including currency of the United 

States and of any foreign nation, checks, money orders, or any 

other negotiable instruments payable on demand, received either before or after the date of the general elections for use in 

the preparation of the President-elect or Vice-President-elect 

for the assumption of official duties as President or Vice President. 

(2) * * * 

(3) * * * 


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(b) * * * 

(1) The President-Elect and Vice-President-elect (as a condition for receiving services provided under section 3 and funds 

provided under øsection 6(a)(1)¿ section 7(a)(1)) shall be made 

available to the public— 

(A) * * * 

(B) * * * 

(2) * * * 

(c) The President-elect and Vice-President-elect (as a condition 

for receiving services under section 3 and for funds provided under 

øsection 6(a)(1)¿ section 7(a)(1)) shall not accept more than $5,000 

from any person, organization, or other entity for purposes of carrying out activities authorized by this Act. 

* * * * * * * 

øSEC. 6¿ SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

(a) * * * 

(1) * * * 

(2) not more than $1,500,000 may be appropriated for the 

purposes of providing services and facilities to the former 

president and former Vice President under øsection 4¿ section 

5, except that any amount appropriated pursuant to this paragraph in excess of $1,250,000 shall be returned to the general 

fund of the Treasury in the case where the former Vice President is the incumbent President. 

(b) * * * 

TITLE 5—GOVERNMENT ORGANIZATIONS AND 

EMPLOYEES 

* * * * * * * 

Part III—EMPLOYEES 

* * * * * * * 

SUBPART G—INSURANCE AND ANNUITIES 

* * * * * * * 

SEC. 8331. DEFINITIONS. 

For the purpose of this subchapter— 

(1) ‘‘employee’’ means— 

(A) * * * 

* * * * * * * 

(K) an individual appointed to a position on the office 

staff of a former President, or a former Vice President 

under øsection 4¿ section 5 of the Presidential Transition 

Act of 1963, as amended (78 Stat. 153), who immediately 

before the date of such appointment was an employee as 

defined under any other subparagraph of this paragraph; 

and 

* * * * * * * 

SEC. 8701. DEFINITIONS. 

(a) For the purpose of this chapter, ‘‘employee’’ means— 

(1) * * * 

* * * * * * * 


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(10) an individual appointed to a position on the office of a 

former President, or a former Vice President under øsection 4¿ 

section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other paragraph of this subsection 

* * * * * * * 

SEC. 8901. DEFINITIONS. 

For the purpose of this chapter— 

(1) ‘‘employee’’ means— 

(A) * * * 

* * * * * * * 

(I) an individual appointed to a position on the office 

staff of a former President, or former Vice President under 

øsection 4¿ section 5 of the Presidential Transition Act of 

1963, as amended (78 Stat. 153), who immediately before 

the date of such appointment was an employee as defined 

under any other subparagraph of this paragraph; and 

* * * * * * * 

TITLE 44—PUBLIC PRINTING AND DOCUMENTS 

* * * * * * * 

CHAPTER 22—PRESIDENTIAL RECORDS 

* * * * * * * 

SEC. 2203. MANAGEMENT AND CUSTODY OF PRESIDENTIAL RECORDS. 

(a) * * * 

* * * * * * * 

(g) * * * 

(1) * * * 

(2) * * * 

(3) When the President considers it practicable and in the 

public interest, the President shall include in the President’s 

budget transmitted to Congress, for each fiscal year in which 

the term of office of the president will expire, such funds as may 

be necessary for carrying out the authorities of this subsection. 

ø3¿(4) The Archivist is authorized to dispose of such Presidential records which the Archivist has appraised and determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation. Notice of such disposal shall be published in the Federal Register at least 60 days in advance of the proposed disposal date. Publication of such notice shall constitute a final 

agency action for purposes of review under chapter 7 of title 

5, United States Code. 

* * * * * * * 

Æ 


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