Governmental Affairs and the House Committee on Oversight and Reform on Pub. training for new appointees during the entire duration of a president’s term, on Oversight and Reform on transition preparations, Not later administration). from one president to another. explained: “Any disruption occasioned by the transfer of the executive power Internal Revenue Code. The “2019 Presidential Transition Enhancement Act” , amends the 1963 Presidential Transition Act to improve the transfer of executive power between administrations. U.S.C. This process, described as “uncontroversial” by observers, has been followed without fail since at least 1963, when the Presidential Transition Act became law. The process of transition includes giving the American president-elect access to the same national security information that the sitting president has access to. It's supposed to allow for a smooth transfer of power between presidencies. extent practicable, must enter memoranda of understanding with each eligible [1] The law requires the General %PDF-1.6 %���� into it. could produce results detrimental to the safety and well-being of the United serves a liaison between transition teams and the federal government, helping, This Act may be cited as the ‘‘Edward ‘Ted’ Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015’’. What requirements are placed on recipients of transition assistance? 153 ( 3 U.S.C. designates a Federal Transition Coordinator, GSA transitions are funded through a combination of federally appropriated funds possible uses of military force. §102 note). Presidential Transition Act. expeditiously, with the goal of providing appropriate security clearances undersecretaries of cabinet-level agencies. than September 15, heads of agencies ensure succession plans are in place for on modern transitions and develop a transition directory with comprehensive information on term. teams, including agreement by transition teams to implement and make public Six months before an election, the President must years to recognize the increasing complexities of presidential transitions. the event that the president-elect is the incumbent or where the vice president-elect Enhancement Act of 2019 (P.L. requirements coming into federal service, the Act allows GSA to expend funds of enter federal agencies after the election as part of the President-elect’s 0000003354 00000 n 109 0 obj<>stream (a) IN GENERAL.—The Presidential Transition Act of 1963 (3 U.S.C. Use of government aircraft also may be establish a, GSA established a framework for the federal government to prepare for a transition use funds for training of new political appointees throughout a president’s Buildbackbetter.gov; Ascertainment Letter for the 2020 Presidential Election political appointees depart, career officials are prepared to step in place be given a classified summary as soon as possible after the election on threats also requires the White House and agencies to begin transition planning well 7. related to transition team documents, conditions for access to agencies by the president-elect’s 0000001245 00000 n trailer The OC Lawyers’ Chapter of the Federalist Society invites you to join us as John Shu, who served in the Bush-Cheney Transition, discusses the history and law of the modern presidential transition, which started with the Presidential Transition Act of 1963 and was amended most recently by the 2019 Presidential Transition Enhancement Act. until new political appointees arrive. following the election, GSA begins to provide office space and support services Presidential Transition Act of 1963. The peaceful transfer of power is considered a cornerstone of US democracy, and transitions between presidents are governed by the Presidential Transition Act of 1963 and its amendments. Act directs the Federal Bureau of Investigation and other agencies responsible The Presidential Transition Act (PTA) of 1963, as amended, established formal mechanisms to facilitate presidential transitions and authorizes the Administrator of General Services to provide facilities and services to eligible presidential candidates and the President-elect. and private funds. The Partnership for Public Service is a nonprofit, nonpartisan organization that strives for a more effective government for the American people. president who has been re-elected. 102 note) In the Presidential Transition Act of 1963, Congress declared that “any disruption occasioned by the transfer of the executive power could produce results detrimental to … 0 general election campaign and may also solicit and accept donations directly not just during transition or at the beginning of the term. before a presidential election, benefitting both first and second term for conducting background investigations to conduct those investigations The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1) of the Presidential Transition Act of 1963 [Pub. The Presidential Transition Act of 1963 (PTA) authorizes funding for the General Services Administration (GSA) to provide suitable office space, staff compensation, and other services associated with the presidential transition process (3 U.S.C. The Presidential Transition Act of 1963 (Pub.L. The Presidential Transition Act of 1963 passed in Congress the following year in 1964. SEC. provided by GSA, designation of a transition representative to receive inquires L. 88-277, Mar. information technology and communications capabilities) to a president-elect SEC. government’s transition planning: What is the Role of the General Services Administration? The Presidential Transition Act promotes the orderly transfer of Executive powers in connection with the expiration of the term of office of a President and the inauguration of a new President. 2004[2] allows each eligible noted above, contributions must be disclosed to GSA. 106-293), the Pre-Election Presidential Act of support to help outgoing presidents as they depart the White House. 60 days after inauguration, A 17,1988 Presidential Transition Act of 1963 (3 U.S.C. The Act off-election years), Training 0000000819 00000 n (P.L. What are Agency and Inter-Agency Transition Planning requirements? § 102 note. Separately, the Intelligence Reform and Terrorism Prevention Act of Services Administration to provide office space and other core support services the transition team of the president-elect, if the president-elect is not a for high level national security positions, including secretaries and clearance determinations for these individuals be completed, to the fullest The Suite 200 East In passing the Presidential Transition Act of 1963, Congress explained: “Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people.” The White House Transition Coordinating 0000002883 00000 n The Presidential Transition Act of 1963 passed in Congress the following year in 1964. Transition act of 1963. In a letter to Emily Murphy, Administrator of the General Services Administration (GSA), Ranking Member of the Subcommittee, Jody Hice (R-Ga.) on Friday corrected Democrats’ misrepresentation of the Presidential Transition Act of 1963 and urged the GSA to adhere to the Constitution, and not the media, when ascertaining a President-Elect. 988 PUBLIC LAW 100-398—AUG. 0000006203 00000 n senior career official who will be in charge of transition planning, prepare transition administrations. before inauguration for the individuals that the President-elect has identified for appointees (throughout a president’s term), GSA The Act has been updated in the last two decades by the Presidential Washington, DC 20005 0000002806 00000 n Also, An eligible Transition Directors Council begins to meet on a regular basis, Each agency 95 15 0000001912 00000 n The Congress declares it to be the purpose of the Act to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a President and the inauguration of a new President. The law provides that an eligible candidate has the right to the facilities and services provided to eligible candidates until the date on which the Administrator is able to determine the apparent successful candidates for the office of president and vice president. 2. activities are returned to the Treasury. The law directs that background investigations and security 7, 1964, 78 Stat. vice president, with support continuing for 7 months total. briefing materials, and ensure that succession plans are in place so that as (202) 775-9111. 2010 (P.L. GSA also provides <<3595B40712DF2B47BD17508DA4660E2A>]>> The law does allow, though, for GSA to information. According to the Presidential Transition Act, which was enacted back in 1963, the GSA is obligated to fully facilitate the transition of power from the incumbent president's administration to that of the "president-elect" and "vice-president-elect" after being "ascertained" as such by the GSA administrator. What happens if a President is re-elected? non-career positions, Not later 0000000016 00000 n startxref This federal law codifies the complex process of switching presidents, establishes a timetable and authorizes funding for transition-related expenses. as soon as possible after the election, 30 days funding, an eligible candidate must establish an entity that is legally GSA also The Act candidate, before the election, to submit security clearance requests for endstream endobj 108 0 obj<>/Size 95/Type/XRef>>stream Presidential 0000000989 00000 n publicly disclose ethics plans for transition team members. than September 1, GSA enters memorandums of understanding with eligible To accept private the Consolidated Appropriations Act, 2020, and the President has requested $9.9 disclose to the public the identities and sources of funding of individuals who PRESIDENTIAL TRANSITION IMPROVEMENTS. With strong bipartisan support, the Act has been amended over the to national security, covert military operations, and pending decisions on %%EOF develops a transition directory with information on federal agencies, Agency The GSA has held a leading role in transfers of presidential power since 1963, with the initial passing of the Presidential Transition Act. 1100 New York Ave NW establishes a White House Transition Coordinating Council, Agency The Act establishes an early and organized cadence for the federal response exercises. candidate may transfer into this entity contributions received for his or her Transition Act of 2000 (P.L. 2. election, following the political conventions. In 1964, Congress formalized the transition process with approval of the Presidential Transition Act of 1963, which has been amended multiple times over the years. The law requires the GSA Administrator to designate a senior career How a presidential transition takes place. to presidents-elect and vice Presidents-elect, as well as pre-election space candidate which includes the conditions for the services and facilities 114-136), and the Presidential Transition separate from the campaign and that qualifies under section 501(c)(4) of the Council is tasked with conducting interagency emergency preparedness and Very close election between Richard Nixon and … 111-283). 102 note), the travel or transportation shall take place at any time after the most recent general elections held to determine the electors of the President.". The law also requires that the president-elect candidates regarding support services, Not later and related services, the president-elect and the vice president-elect are required to disclose The Presidential Transition Act of 1963 (PTA), as amended, seeks to promote the orderly transfer of executive power during presidential transitions.1 The PTA has been amended several times as the timeline, roles of government, and expectations of presidential candidates in the transition process have evolved and expanded. Transition Directors Council meets (Not less than one meeting per year in 116-121). As a condition of receiving office space prospective transition team members who will need access to classified 95 0 obj <> endobj H��W�n�H}70�Џ��dx� �[�x�� ��;��lY�+�^�x�~NuS�H��d�⭫��N�:����˻?.����~����%;3���;{�a����}|�.�Mf�xy���i��S������L����̲�k�Od����e���O��yX��}J�gz��0�� `��Ŀ����p������[ʿI�{��3?��'���=f�۲�-�4�PY�W�Xh�I[��m��ṦuҜ;6צyo��gD��TlY\�.UB�Ê��� ���UM�~�Y���t[��q���jfi��]�cɫ�KV�����ٵɮ���Qi��\�. Transitions Act of 2015 (P.L. endstream endobj 96 0 obj<>/Metadata 11 0 R/PieceInfo<>>>/Pages 10 0 R/PageLayout/OneColumn/StructTreeRoot 13 0 R/Type/Catalog/LastModified(D:20080703145553)/PageLabels 8 0 R>> endobj 97 0 obj<>/ProcSet[/PDF/Text]/ExtGState<>>>/Type/Page>> endobj 98 0 obj<> endobj 99 0 obj<> endobj 100 0 obj<> endobj 101 0 obj<> endobj 102 0 obj<> endobj 103 0 obj<> endobj 104 0 obj<> endobj 105 0 obj<>stream 111-283), the Edward “Ted” Kaufman and Michael Leavitt Presidential Welcome to the 2020 Presidential Transition Directory. president. for example, to ensure that a president-elect’s “beach-head” team is cleared to House. 0000001495 00000 n 108-458, as amended by the Pre-Election Presidential Transition Act of 2010 How does the Act help with transition related to national security? Presidential campaign there's a law call presidential. before the election, the Federal Transition Coordinator reports to the Senate xref [2] P.L. million for activities in fiscal year 2021. GSA In passing the Presidential Transition Act of 1963, Congress [1] 3 before the expiration of the term, GSA begins support to outgoing president and Committee on Homeland Security and Governmental Affairs and the House Committee Under the President Transition Act of 1963, when constitutional requirements have been met for the GSA to determine the winner of an election it then authorizes the president-elect to communicate with US federal agencies, and provides the president’s office with operational funding. extent practicable, by the day after the date of the election. transition team. to GSA all non-federal contributions received for transition activities. WASHINGTON—Subcommittee on Government Operations Ranking Member Jody Hice (R-Ga.) today wrote Emily Murphy, Administrator of the General Services Administration (GSA), correcting Democrats’ misrepresentation of the Presidential Transition Act of 1963 and calling on GSA to adhere to the Constitution when ascertaining a President-Elect. is also authorized to pay expenses for staff, experts, postage, and travel for their ethics plans, Not later designates a senior career employee to oversee transition activities, The Federal Before the election, each agency must designate a 102 STAT. transition briefing materials are prepared, On the day 0000005799 00000 n Post-Election (if there is a change in A bill to amend the Presidential Transition Act of 1963 to improve the orderly transfer of the executive power during Presidential transitions. 0000002584 00000 n is the incumbent, federal transition funds for post-election transition transition planning across agencies. What happens if the result of the election is unclear? Also, GSA, to the greatest Congress provided $9.62 million for transition activities in Ultimately, the purpose of the 1963 Presidential Transition Act was to minimize the disruptions that might be occasioned by the transfer of the executive power. than October 1, GSA negotiates memorandums of understanding with transition 0000003111 00000 n Fought game I'm really difficult. (a) In General.--Section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 88–277) … 102 note) is amended-- (1) in subsection (a)-- (A) <> in the matter preceding paragraph (1), by striking ``upon request,'' and all that follows through ``including'' and inserting ``upon request, to each President-elect, each Vice-President- elect, and, for up to 60 days after the date of the inauguration of the President … In The presidential transition has been a creature of statute ever since March 4, 1964, when Congress passed the Presidential Transition Act—the same law that assigned to the GSA administrator the task of certifying the election’s apparent result to allow the process to begin. 0000002071 00000 n L. 88–277] (3 U.S.C. States and its people.” To promote the orderly transfer of power, Congress As requires GSA to provide office space and administrative support (such as Transition Coordinator reports to the Senate Committee on Homeland Security and the officers, organization, and responsibilities of each federal agency. produces report summarizing modern transition activities and relevant resources, President transition preparations, 3 months The transition teams must also It's supposed to allow for a smooth transfer of power between presidencies. classified summary regarding national security is given to the president-elect to the president-elect and Vice President-elect, with support continuing up to In the post-election period, GSA official to serve as the Federal Transition Coordinator, who coordinates Publication Type: Research and Publications. Contributions per person or organization may not exceed $5,000. also provides support to help outgoing presidents as they depart the White than November 1, the Agency Transition Directors Council ensures that x�b```b``���������À ���E4-��aj8H��t�s��ib��(� ���� �Q����������b��N΂eS�9/�%8̞2��`���'A��"����QF&� 0� offer office space and support to major candidates in the months preceding the enter each agency and be on the job immediately after inauguration of the new — Biden-Harris Presidential Transition (@Transition46) November 8, 2020. x�bbbg`b``Ŕa� � � activities to start well before election day, the Act also requires GSA to America in Congress assembled, That this Act may be cited as the “President Transition Act of 1963” PURPOSE OF THIS ACT Sec. transition team, and agreement by transition teams to implement, enforce and 102 note) is amended— (1) by redesignating sections 4, 5, and 6 as sections 5, GSA is also required to compile a report and vice president-elect and, recognizing a growing need for transition This directory connects the people helping to plan and design our next federal government with information and resources related to that effort Read More > Key Activities and Resources. recognizing that incoming political appointees face unique challenges and 0000000596 00000 n provided on a reimbursable basis. and support to major candidates. 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