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1 1 (July 31, 2024)

handle is hein.crs/goveqcm0001 and id is 1 raw text is: Congressional Research Service Informing the Iegisl9tive debate since 1914 0 July 31, 2024 Presidential Transitions: A Brief Summary of the Presidential Transition Act This In Focus provides a brief summary of the provisions of the Presidential Transition Act of 1963, as amended (PTA). For a discussion of the PTA and associated statutes in greater depth, see CRS Report R46602, Presidential Transition Act: Provisions and Funding. The constitutional transfer of power and authority from an incumbent American President to a successor is a momentous occasion in American government. In the present day, this transfer of authority is a complex and multifaceted undertaking, as the outgoing Administration concludes its affairs and the incoming Administration prepares to govern. Pres enta Transition EvoIuon While a formal presidential transition process is designed to ensure some continuity in the conduct of the executive branch's affairs, the concept of a federally funded, institutionalized transition process is relatively new. Before enactment of the PTA, the methods for transferring information and responsibility between Administrations were developed in an ad hoc fashion. In addition, the political party organization of the incoming President was the primary source of funding for transition expenses. Many facets of presidential transitions continued to be developed anew, according to the preferences and priorities of each outgoing and, in particular, each incoming President. Now, however, the PTA provides a framework for funding and supporting the transition process that begins months before the presidential election and continues after the new President's inauguration. The act does not explicitly provide for presidential transitions that occur as a result of the removal, death, or resignation of an incumbent President between elections. (For more on this topic, see CRS Report R46450, Presidential Succession: Perspectives and Contemporary Issues for Congress.) Congress has amended the PTA over the course of 60 years and 11 presidencies in response to evolving views of the role of the government in the transition process and the importance of a smooth transition process in ensuring continuity of the federal government. From its enactment in 1964 through the presidential transition of 2008-2009, most PTA-authorized support was provided after the election of the incoming President and Vice President. In the years since, Congress has amended the PTA on multiple occasions and expanded support for the presidential transition process to include pre-election activities. Now, the PTA provides a framework for funding and supporting a transition process that begins months before the presidential election and continues after the new President's inauguration. Pre-ection Prov sons The PTA includes a number of provisions related to the pre- election portion of the presidential transition. Under the act, the General Services Administration (GSA) administrator designates a senior career GSA official as the federal transition coordinator. This official plays a key coordinating role across federal agencies and acts as a liaison to eligible candidates-major party candidates and other principal contenders. The GSA administrator designated the current coordinator prior to 2024. The PTA directs the President and the incumbent Administration to establish a specified transition-related infrastructure, including: * a White House transition coordinating council headed by a senior official in the Executive Office of the President. * an agency transition directors council co-chaired by the deputy director for management at the Office of Management and Budget and the federal transition coordinator, and * a report summarizing transition activities and listing transition-related resources. The PTA authorizes the incumbent Administration to provide certain pre-election transition support to eligible candidates. GSA is directed to establish a memorandum of understanding (MOU) with each candidate regarding terms and conditions related to that support. Support includes, for example, office space and equipment, communications services, consultation about potential transition from the candidate's information technology systems to federal systems, and orientation activities. The PTA authorizes eligible candidates to fund pre-election transition activities through their campaigns. The statute places limits on donations toward PTA-related activities as a condition for receiving services and funds under the act. The PTA also directs agencies to establish transition-period succession plans for senior political positions and to ensure that career officials so designated are prepared to lead federal agencies on an interim basis during the transition process. The statute also provides for the negotiation, before the election, of MOUs between the incumbent President and eligible candidates that specify the terms of transition staff access to executive branch employees, facilities, and

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