S. 1172 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

To improve the process of presidential transition. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Edward ‘Ted’ Kaufman and 

Michael Leavitt Presidential Transitions Improvements Act of 

2015’’. 

SEC. 2. PRESIDENTIAL TRANSITION IMPROVEMENTS. 

(a) IN GENERAL.—The Presidential Transition Act of 1963 (3 

U.S.C. 102 note) is amended— 

(1) by redesignating sections 4, 5, and 6 as sections 5, 

6, and 7, respectively; and 

(2) by inserting after section 3 the following: 

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

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘Administrator’ means the Administrator of 

General Services; 

‘‘(2) the term ‘agency’ means an Executive agency, as 

defined in section 105 of title 5, United States Code; 

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

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

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

held to determine the electors of President and Vice President 

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

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

as the President determines necessary and appropriate to plan 

and coordinate activities by the Executive branch of the Federal 

Government to facilitate an efficient transfer of power to a successor 

President, including by— 

‘‘(1) establishing and operating a White House transition 

coordinating council in accordance with subsection (d); and 

‘‘(2) establishing and operating an agency transition directors council in accordance with subsection (e). 

‘‘(c) FEDERAL TRANSITION COORDINATOR.—The Administrator 

shall designate an employee of the General Services Administration 

who is a senior career appointee to— 

‘‘(1) carry out the duties and authorities of the General 

Services Administration relating to Presidential transitions 

under this Act or any other provision of law; 
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‘‘(2) serve as the Federal Transition Coordinator with 

responsibility for coordinating transition planning across agencies, including through the agency transition directors council 

established under subsection (e); 

‘‘(3) ensure agencies comply with all statutory requirements 

relating to transition planning and reporting; and 

‘‘(4) act as a liaison to eligible candidates. 

‘‘(d) WHITE HOUSE TRANSITION COORDINATING COUNCIL.— 

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

date of a Presidential election, the President shall establish 

a White House transition coordinating council for purposes 

of facilitating the Presidential transition. 

‘‘(2) DUTIES.—The White House transition coordinating 

council shall— 

‘‘(A) provide guidance to agencies and the Federal 

Transition Coordinator regarding preparations for the 

Presidential transition, including succession planning and 

preparation of briefing materials; 

‘‘(B) facilitate communication and information sharing 

between the transition representatives of eligible candidates and senior employees in agencies and the Executive 

Office of the President; and 

‘‘(C) prepare and host interagency emergency preparedness and response exercises. 

‘‘(3) MEMBERSHIP.—The members of the White House 

transition coordinating council shall include— 

‘‘(A) senior employees of the Executive branch selected 

by the President, which may include the Chief of Staff 

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

Office of Management and Budget, the Administrator, the 

Director of the Office of Personnel Management, the 

Director of the Office of Government Ethics, and the 

Archivist of the United States; 

‘‘(B) the Federal Transition Coordinator; 

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

‘‘(D) any other individual the President determines 

appropriate. 

‘‘(4) CHAIRPERSON.—The Chairperson of the White House 

transition coordinating council shall be a senior employee in 

the Executive Office of the President, designated by the President. 

‘‘(e) AGENCY TRANSITION DIRECTORS COUNCIL.— 

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

operate an agency transition directors council, which shall— 

‘‘(A) ensure the Federal Government has an integrated 

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

noncareer appointees; 

‘‘(B) coordinate transition activities between the Executive Office of the President, agencies, and the transition 

team of eligible candidates and the President-elect and 

Vice-President-elect; and 

‘‘(C) draw on guidance provided by the White House 

transition coordinating council and lessons learned from 

previous Presidential transitions in carrying out its duties. 
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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 relating to the Presidential 

transition that may be requested by eligible candidates; 

‘‘(C) ensure materials and information described in 

subparagraph (B) are prepared not later than November 

1 of a year during which a Presidential election is held; 

‘‘(D) ensure agencies adequately prepare career 

employees who are designated to fill non-career positions 

under subsection (f) during a Presidential transition; and 

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

or any successor thereto, in carrying out the duties of 

the agency transition directors council. 

‘‘(3) MEMBERSHIP.—The members of the agency transition 

directors council shall include— 

‘‘(A) the Federal Transition Coordinator and the 

Deputy Director for Management of the Office of Management and Budget, who shall serve as Co-Chairpersons of 

the agency transition directors council; 

‘‘(B) other senior employees serving in the Executive 

Office of the President, as determined by the President; 

‘‘(C) a senior representative from each agency described 

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

Office of Personnel Management, the Office of Government 

Ethics, and the National Archives and Records Administration whose responsibilities include leading Presidential 

transition efforts within the agency; 

‘‘(D) a senior representative from any other agency 

determined by the Co-Chairpersons to be an agency that 

has significant responsibilities relating to the Presidential 

transition process; and 

‘‘(E) during a year during which a Presidential election 

will be held, a transition representative for each eligible 

candidate, who shall serve in an advisory capacity. 

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

shall meet— 

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

per year; and 

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

6 months before a Presidential election and ending on 

the date on which the President-elect is inaugurated, on 

a regular basis as necessary to carry out the duties and 

authorities of the agency transition directors council. 

‘‘(f) INTERIM AGENCY LEADERSHIP FOR TRANSITIONS.— ‘‘(1) OVERSIGHT AND IMPLEMENTATION OF TRANSITION.—Not 

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

the head of each agency shall designate a senior career 

employee of the agency and a senior career employee of each 

major component and subcomponent of the agency to oversee 

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

States Code, for each noncareer position in an agency that 

the head of the agency determines is critical, the head of 

the agency shall designate a qualified career employee to serve 

in the position in an acting capacity if the position becomes 

vacant. 

‘‘(g) MEMORANDUMS OF UNDERSTANDING.— 

‘‘(1) IN GENERAL.—Not later than November 1 of a year 

during which a Presidential election occurs, the President 

(acting through the Federal Transition Coordinator) shall, to 

the maximum extent practicable, negotiate a memorandum of 

understanding with the transition representative of each 

eligible candidate, which shall include, at a minimum, the 

conditions of access to employees, facilities, and documents 

of agencies by transition staff. 

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

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

‘‘(h) EQUITY IN ASSISTANCE.—Any information or other assistance provided to eligible candidates under this section shall be 

offered on an equal basis and without regard to political affiliation. 

‘‘(i) REPORTS.— 

‘‘(1) IN GENERAL.—The President, acting through the Federal Transition Coordinator, shall submit to the Committee 

on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and 

Governmental Affairs of the Senate reports describing the 

activities undertaken by the President and agencies to prepare 

for the transfer of power to a new President. 

‘‘(2) TIMING.—The reports under paragraph (1) shall be 

provided 6 months and 3 months before the date of a Presidential election.’’. 

(b) OTHER IMPROVEMENTS.—Section 3 of the Presidential 

Transition Act of 1963 (3 U.S.C. 102 note) is amended— 

(1) in subsection (a)— 

(A) in paragraph (8)— 

(i) in subparagraph (A)(i)— 

(I) by inserting ‘‘and during the term of a 

President’’ after ‘‘during the transition’’; and 

(II) by striking ‘‘after inauguration’’; and 

(ii) in subparagraph (B), by inserting ‘‘or Executive 

agencies (as defined in section 105 of title 5, United 

States Code)’’ before the period; and 

(B) in paragraph (10), by inserting ‘‘including, to the 

greatest extent practicable, human resource management 

system software compatible with the software used by the 

incumbent President and likely to be used by the Presidentelect and Vice President-elect’’ before the period; 

(2) in subsection (b)(2), by striking ‘‘30 days’’ and inserting 

‘‘180 days’’; 

(3) in subsection (g), by inserting ‘‘except for activities 

under subsection (a)(8)(A),’’ before ‘‘there shall be no’’; and 

(4) in subsection (h)(2), by adding at the end the following: 
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‘‘(D) An eligible candidate shall have a right to the services 

and facilities described in this paragraph until the date on which 

the Administrator is able to determine the apparent successful 

candidates for the office of President and Vice President.’’. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.— (1) Section 3 of the Pre-Election Presidential Transition 

Act of 2010 (3 U.S.C. 102 note) is repealed. 

(2) The Presidential Transition Act of 1963 (3 U.S.C. 102 

note) is amended— 

(A) in section 3— 

(i) in subsection (a)(4)(B), by striking ‘‘section 6’’ 

and inserting ‘‘section 7’’; 

(ii) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘section 3 of this Act’’ and 

inserting ‘‘this section’’; and 

(iii) in subsection (h)(3)(B)(iii), by striking ‘‘section 

5’’ each place it appears and inserting ‘‘section 6’’; 

(B) in section 6, as redesignated by subsection (a) of 

this section, by striking ‘‘section 6(a)(1)’’ each place it 

appears and inserting ‘‘section 7(a)(1)’’; and 

(C) in section 7(a)(2), as redesignated by subsection 

(a) of this section, by striking ‘‘section 4’’ and inserting 

‘‘section 5’’. 

(3) Section 8331(1)(K) of title 5, United States Code, is 

amended by striking ‘‘section 4’’ and inserting ‘‘section 5’’. 

(4) Section 8701(a)(10) of title 5, United States Code, is 

amended by striking ‘‘section 4’’ and inserting ‘‘section 5’’. 

(5) Section 8901(1)(I) of title 5, United States Code, is 

amended by striking ‘‘section 4’’ and inserting ‘‘section 5’’. 

SEC. 3. NATIONAL ARCHIVES PRESIDENTIAL TRANSITION. 

Section 2203(g) of title 44, United States Code, is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following: 

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

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

transmitted to Congress, for each fiscal year in which the term 

of office of the President will expire, such funds as may be necessary 

for carrying out the authorities of this subsection.’’. 

SEC. 4. REPORTS ON POLITICAL APPOINTEES APPOINTED TO NONPOLITICAL PERMANENT POSITIONS. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘agency’’ has the meaning given the term 

‘‘Executive agency’’ in section 105 of title 5, United States 

Code; 

(2) the term ‘‘covered civil service position’’ means a position 

in the civil service (as defined in section 2101 of title 5, United 

States Code) that is not— 

(A) a temporary position; or 

(B) a political position; 

(3) the term ‘‘former political appointee’’ means an individual who— 

(A) is not serving in an appointment to a political 

position; and 

(B) served as a political appointee during the 5-year 

period ending on the date of the request for an appointment 

to a covered civil service position in any agency; 
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(4) the term ‘‘political appointee’’ means an individual 

serving in an appointment to a political position; and 

(5) the term ‘‘political position’’ means— 

(A) a position described under sections 5312 through 

5316 of title 5, United States Code (relating to the Executive Schedule); 

(B) a noncareer appointment in the Senior Executive 

Service, as defined under paragraph (7) of section 3132(a) 

of title 5, United States Code; or 

(C) a position in the executive branch of the Government of a confidential or policy-determining character 

under schedule C of subpart C of part 213 of title 5, 

Code of Federal Regulations. 

(b) REPORTING ON CURRENT OR RECENT POLITICAL APPOINTEES

APPOINTED TO COVERED CIVIL SERVICE POSITIONS.— (1) ANNUAL REPORT.—Except as provided in paragraph (2), 

the Director of the Office of Personnel Management shall 

submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight 

and Government Reform of the House of Representatives an 

annual report regarding requests by agencies to appoint political appointees or former political appointees to covered civil 

service positions. Each report shall cover one calendar year 

and shall— 

(A) for each request by an agency that a political 

appointee be appointed to a covered civil service position 

during the period covered by the report, provide— 

(i) the date on which the request was received 

by the Office of Personnel Management; 

(ii) subject to subsection (c), the name of the individual and the political position held by the individual, 

including title, office, and agency; 

(iii) the date on which the individual was first 

appointed to a political position in the agency in which 

the individual is serving as a political appointee; 

(iv) the grade and rate of basic pay for the individual as a political appointee; 

(v) the proposed covered civil service position, 

including title, office, and agency, and the proposed 

grade and rate of basic pay for the individual; 

(vi) whether the Office of Personnel Management 

approved or denied the request; and 

(vii) the date on which the individual was 

appointed to a covered civil service position, if 

applicable; and 

(B) for each request by an agency that a former political 

appointee be appointed to a covered civil service position 

during the period covered by the report, provide— 

(i) the date on which the request was received 

by the Office of Personnel Management; 

(ii) subject to subsection (c), the name of the individual and the political position held by the individual, 

including title, office, and agency; 

(iii) the date on which the individual was first 

appointed to any political position; 

(iv) the grade and rate of basic pay for the individual as a political appointee; 
S. 1172—7 

(v) the date on which the individual ceased to 

serve in a political position; 

(vi) the proposed covered civil service position, 

including title, office, and agency, and the proposed 

grade and rate of basic pay for the individual; 

(vii) whether the Office of Personnel Management 

approved or denied the request; and 

(viii) the date on which the individual was first 

appointed to a covered civil service position, if 

applicable. 

(2) QUARTERLY REPORT IN CERTAIN YEARS.—In the last year 

of the term of a President, or, if applicable, the last year 

of the second consecutive term of a President, the report 

required under paragraph (1) shall be submitted quarterly and 

shall cover each quarter of the year, except that the last quarterly report shall also cover January 1 through 20 of the following year. 

(c) NAMES AND TITLES OF CERTAIN APPOINTEES.—If determined 

appropriate by the Director of the Office of Personnel Management, 

a report submitted under subsection (b) may exclude the name 

or title of a political appointee or former political appointee— 

(1) who— 

(A) was requested to be appointed to a covered civil 

service position; and 

(B) was not appointed to a covered civil service position; 

or 

(2) relating to whom a request to be appointed to a covered 

civil service position is pending at the end of the period covered 

by that report. 

SEC. 5. REPORT ON REGULATIONS PROMULGATED NEAR THE END 

OF PRESIDENTIAL TERMS. 

(a) DEFINITIONS.—In this section: 

(1) The term ‘‘covered presidential transition period’’ means 

each of the following: 

(A) The 120-day period ending on January 20, 2001. 

(B) The 120-day period ending on January 20, 2009. 

(C) The 120-day period ending on January 20, 2017. 

(2) The term ‘‘covered regulation’’ means a final significant 

regulatory action promulgated by an Executive department. 

(3) The term ‘‘significant regulatory action’’ means any 

regulatory action that is likely to result in a rule that may— 

(A) have an annual effect on the economy of $100,000,000 or more or adversely affect in a material 

way the economy, a sector of the economy, productivity, 

competition, jobs, the environment, public health or safety, 

or State, local, or tribal governments or communities; 

(B) create a serious inconsistency or otherwise interfere 

with an action taken or planned by another agency; 

(C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights 

and obligations of recipients thereof; or 

(D) raise novel legal or policy issues. 

(4) The term ‘‘Executive department’’ has the meaning 

given that term under section 101 of title 5, United States 

Code. 

(b) REPORT.— 
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(1) IN GENERAL.—The Comptroller General of the United 

States shall submit to the Committee on Homeland Security 

and Governmental Affairs of the Senate and the Committee 

on Oversight and Government Reform of the House of Representatives a report regarding covered regulations promulgated during each covered presidential transition period. 

(2) CONTENTS OF REPORT.—The report required under paragraph (1) shall, to the extent feasible, for each covered presidential transition period— 

(A) compare the number, scope, and impact of, and 

type of rulemaking procedure used for, covered regulations 

promulgated during the covered presidential transition 

period to the number, scope, and impact of, and type of 

rulemaking procedure used for, covered regulations promulgated during the 120-day periods ending on January 20 

of each year after 1996, other than 2001, 2009, and 2017; 

(B) determine the statistical significance of any differences identified under subparagraph (A) and whether 

and to what extent such differences indicate any patterns; 

(C) evaluate the size, scope, and effect of the covered 

regulations promulgated during the covered presidential 

transition period; and 

(D) assess the extent to which the regularly required 

processes for the promulgation of covered regulations were 

followed during the covered presidential transition period, 

including compliance with the requirements under— 

(i) chapter 8 of title 5, United States Code (commonly known as the ‘‘Congressional Review Act’’); 

(ii) the Small Business Regulatory Enforcement 

Fairness Act of 1996 (5 U.S.C. 601 note); 

(iii) sections 202, 203, 204, and 205 of the 

Unfunded Mandates Reform Act of 1995 (2 U.S.C. 

1532–1535); 

(iv) chapter 6 of title 5, United States Code (commonly known as the ‘‘Regulatory Flexibility Act’’); and 

(v) chapter 35 of title 44, United States Code (commonly known as the ‘‘Paperwork Reduction Act’’). 

SEC. 6. ANALYSIS OF THREATS AND VULNERABILITIES. 

(a) IN GENERAL.—Not later than February 15, 2016, the Secretary of Homeland Security shall submit to the Committee on 

Homeland Security and Governmental Affairs of the Senate and 

the Committees on Oversight and Government Reform and Homeland Security of the House of Representatives a report analyzing 

the threats and vulnerabilities facing the United States during 

a presidential transition, which— 

(1) shall identify and discuss vulnerabilities related to 

border security and threats related to terrorism, including from 

weapons of mass destruction; 

(2) shall identify steps being taken to address the threats 

and vulnerabilities during a presidential transition; and 

(3) may include recommendations for actions by components and agencies within the Department of Homeland Security. 
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(b) FORM.—The report submitted under subsection (a) shall 

be prepared in unclassified form, but may contain a classified 

annex. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.