Edward "Ted" Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015
PL 114-136 (S.1172), enacted 03/18/2016

130 STAT. 301 
PUBLIC LAW 114–136—MAR. 18, 2016 
Public Law 114–136 
114th Congress 
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 direc-
tors 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; 
Designation. 
Edward ‘Ted’ 
Kaufman and 
Michael Leavitt 
Presidential 
Transitions 
Improvements 
Act of 2015. 
5 USC 101 note. 
Mar. 18, 2016 
[S. 1172] 
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130 STAT. 302 
PUBLIC LAW 114–136—MAR. 18, 2016 
‘‘(2) serve as the Federal Transition Coordinator with 
responsibility for coordinating transition planning across agen-
cies, 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 can-
didates and senior employees in agencies and the Executive 
Office of the President; and 
‘‘(C) prepare and host interagency emergency prepared-
ness 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 can-
didate, 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 Presi-
dent. 
‘‘(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 respon-
sibilities around Presidential transitions and turnover of 
noncareer appointees; 
‘‘(B) coordinate transition activities between the Execu-
tive 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. 
Establishment. 
Deadline. 
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130 STAT. 303 
PUBLIC LAW 114–136—MAR. 18, 2016 
‘‘(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 Fed-
eral 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 Manage-
ment 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 Administra-
tion 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 sub-
component relating to the Presidential transition. 
Designation. 
Deadlines. 
Time periods. 
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130 STAT. 304 
PUBLIC LAW 114–136—MAR. 18, 2016 
‘‘(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 prac-
ticable, the memorandums of understanding negotiated under 
paragraph (1) shall be based on memorandums of under-
standing from previous Presidential transitions. 
‘‘(h) EQUITY IN ASSISTANCE.—Any information or other assist-
ance 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 Fed-
eral Transition Coordinator, shall submit to the Committee 
on Oversight and Government Reform of the House of Rep-
resentatives 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 Presi-
dential election.’’. 
(b) OTHER
IMPROVEMENTS.—Section 3 of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (8)— 
(i) in subparagraph (A)(i)— 
(I) by inserting ‘‘and during the term of a 
President’’ after ‘‘during the transition’’; and 
(II) by striking ‘‘after inauguration’’; and 
(ii) in subparagraph (B), by inserting ‘‘or Executive 
agencies (as defined in section 105 of title 5, United 
States Code)’’ before the period; and 
(B) in paragraph (10), by inserting ‘‘including, to the 
greatest extent practicable, human resource management 
system software compatible with the software used by the 
incumbent President and likely to be used by the President- 
elect and Vice President-elect’’ before the period; 
(2) in subsection (b)(2), by striking ‘‘30 days’’ and inserting 
‘‘180 days’’; 
(3) in subsection (g), by inserting ‘‘except for activities 
under subsection (a)(8)(A),’’ before ‘‘there shall be no’’; and 
(4) in subsection (h)(2), by adding at the end the following: 
Deadline. 
Deadline. 
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130 STAT. 305 
PUBLIC LAW 114–136—MAR. 18, 2016 
‘‘(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 para-
graph (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 NON-
POLITICAL 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 indi-
vidual 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; 
5 USC 3101 note. 
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130 STAT. 306 
PUBLIC LAW 114–136—MAR. 18, 2016 
(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 Execu-
tive 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 Govern-
ment 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 Govern-
mental 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 polit-
ical 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 indi-
vidual 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 indi-
vidual 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 indi-
vidual 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 indi-
vidual as a political appointee; 
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130 STAT. 307 
PUBLIC LAW 114–136—MAR. 18, 2016 
(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 quar-
terly report shall also cover January 1 through 20 of the fol-
lowing 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 entitle-
ments, 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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130 STAT. 308 
PUBLIC LAW 114–136—MAR. 18, 2016 
(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 Rep-
resentatives a report regarding covered regulations promul-
gated during each covered presidential transition period. 
(2) CONTENTS OF REPORT.—The report required under para-
graph (1) shall, to the extent feasible, for each covered presi-
dential 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 promul-
gated 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 dif-
ferences 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 (com-
monly 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 (com-
monly known as the ‘‘Regulatory Flexibility Act’’); and 
(v) chapter 35 of title 44, United States Code (com-
monly known as the ‘‘Paperwork Reduction Act’’). 
SEC. 6. ANALYSIS OF THREATS AND VULNERABILITIES. 
(a) IN GENERAL.—Not later than February 15, 2016, the Sec-
retary 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 Home-
land 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 compo-
nents and agencies within the Department of Homeland Secu-
rity. 
Deadline. 
Reports. 
Assessment. 
Evaluation. 
Determination. 
Time periods. 
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130 STAT. 309 
PUBLIC LAW 114–136—MAR. 18, 2016 
LEGISLATIVE HISTORY—S. 1172: 
HOUSE REPORTS: No. 114–384, Pt. 1 (Comm. on Oversight and Government Re-
form). 
SENATE REPORTS: No. 114–94 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD: 
Vol. 161 (2015): July 30, considered and passed Senate. 
Vol. 162 (2016): Feb. 29, considered and passed House, amended. 
Mar. 8, Senate concurred in House amendment. 
(b) FORM.—The report submitted under subsection (a) shall 
be prepared in unclassified form, but may contain a classified 
annex. 
Approved March 18, 2016. 
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