Presidential Transition Act: Provisions and Funding

Changes from November 13, 2020 to February 21, 2024

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Presidential Transition Act:
~~November 13, 2020~~February 21, 2024
Provisions and Funding
Henry B. Hogue
The Presidential Transition Act of 1963 (PTA) authorizes funding for the General The Presidential Transition Act of 1963 (PTA) authorizes funding for the General
Services Specialist in American Specialist in American
~~Services~~ Administration (GSA) to provide suitable office space, staff compensation, and Administration (GSA) to provide suitable office space, staff compensation, and
other services National Government National Government
~~other services~~ associated with the presidential transition process (3 U.S.C. §102 note). associated with the presidential transition process (3 U.S.C. §102 note).

The act has The act has ~~since been amended~~been amended over six decades in response to evolving in response to evolving ~~understandings~~views of the role of of the role of

the government in the the government in the transition process and the importance of a smooth transition process in ensuring continuity of government~~transition process~~. From enactment of the PTA in 1964 through . From enactment of the PTA in 1964 through
the presidential transition of 2008-2009, most PTA-authorized support was provided after the election of the 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 expanded support for the presidential incoming President and Vice President. In the years since, Congress has expanded support for the presidential
transition process to include authorization and funding for pre-election activities and support. Most recently, the transition process to include authorization and funding for pre-election activities and support. Most recently, the
act was amended by the Presidential Transition act was amended by the Presidential Transition ~~Enhancement Act of 2019 (P.L. 116-121), enacted on March 3,~~
~~2020~~Improvement Act (P.L. 117-328, Div. P, Title II), enacted on December 29, 2022. .
As amended, the PTA directs the President and the incumbent Administration to establish a specified transition- As amended, the PTA directs the President and the incumbent Administration to establish a specified transition-
related infrastructure, with some features ongoing and others active during a presidential election year only. It also related infrastructure, with some features ongoing and others active during a presidential election year only. It also
authorizes the provision by the incumbent Administration of certain pre-election transition support for eligible authorizes the provision by the incumbent Administration of certain pre-election transition support for eligible
candidates. In addition, the PTA authorizes eligiblecandidates. In addition, the PTA authorizes eligible candidates to fund pre-election transition activities through candidates to fund pre-election transition activities through
their campaigns. The statute also directs agencies to establish transition period succession plans for senior their campaigns. The statute also directs agencies to establish transition period succession plans for senior
political positions and to ensure career officials are prepared to lead federal agencies on an interim basis during political positions and to ensure career officials are prepared to lead federal agencies on an interim basis during
the transition process. It further provides for the negotiation, before the election, of the transition process. It further provides for the negotiation, before the election, of ~~memoranda~~memorandums of understanding of understanding
(MOU) between the incumbent President and eligible candidates that specify the terms of access by transition (MOU) between the incumbent President and eligible candidates that specify the terms of access by transition
staff to executive branch employees, facilities, and documents. staff to executive branch employees, facilities, and documents. ~~These MOUs are~~Each MOU is to include an ethics plan, with to include an ethics plan, with
specified provisions, pertaining to the members of the transition team.specified provisions, pertaining to the members of the transition team.
~~Once the President-elect and Vice President-elect have been ascertained by the GSA Administrator, the PTA~~
~~authorizes the Administrator to provide them with services and resources in addition to those that were provided~~
~~to them as candidates.~~ Post-election provisions of the PTA generally apply to the “apparent successful candidate.” The act provides criteria for the determination of apparent successful candidates, but it does not explicitly assign to a specific official the authority to make this determination. It does, however, permit and direct the GSA administrator to treat one or more candidates as apparently successful for purposes of the PTA when specified criteria are met under several different potential post-election scenarios. GSA’s transition support is authorized to continue after the new President and Vice GSA’s transition support is authorized to continue after the new President and Vice
President take office. President take office.
In general, presidential transition activities under the PTA are coordinated by GSA and the Office of Management In general, presidential transition activities under the PTA are coordinated by GSA and the Office of Management
and Budget (OMB). To receive services and funds under the act, eligible candidatesand Budget (OMB). To receive services and funds under the act, eligible candidates~~, Presidents-elect, and Vice~~
~~Presidents-elect~~ and apparent successful candidates are required to adhere to certain transition-related contribution limits and disclosure requirements. are required to adhere to certain transition-related contribution limits and disclosure requirements.
Other provisions of the PTA provide for expedited security clearance processes for transition team members and Other provisions of the PTA provide for expedited security clearance processes for transition team members and
the incoming President’s top appointees. the incoming President’s top appointees.
The President’s The President’s ~~FY2020~~FY2024 budget proposal for GSA included a request for $ budget proposal for GSA included a request for $~~9.62 mil ion~~10.413 million in funding for activities in funding for activities
authorized by the Pre-Election Presidential Transition Act of 2010 authorized by the Pre-Election Presidential Transition Act of 2010 (P.L. 111-283) in anticipation of the in anticipation of the ~~2020-2021~~2024-2025 presidential transition. This request was included in the FY2024 appropriations bills reported by the House and Senate Appropriations Committees (H.R. 4664 and S. 2309) ~~presidential~~
~~transition. This request was endorsed by Congress and included in the Consolidated Appropriations Act, 2020~~
~~(P.L. 116-93), which was enacted on December 20, 2019. The President’s FY2021 budget proposal for GSA~~
~~included a request for $9.9 mil ion for PTA-related activities. This request was endorsed by Congress and~~
~~included in the Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-158). Transition-related~~
~~funds also were appropriated to the White House Office of Administration ($8 mil ion) and the National Archives~~
~~and Records Administration ($18 mil ion) for presidential transition-related activities~~. .
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Presidential Transition Act: Provisions and Funding

Introduction
The constitutional transfer of power and authority from an incumbent American President to a 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 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 authority is a complex and multifaceted undertaking, as the outgoing Administration concludes its
affairs and the incoming Administration prepares to govern. This report discusses the provisions affairs and the incoming Administration prepares to govern. This report discusses the provisions
and funding of the statute that governs this process: the Presidential Transition Act (PTA) of and funding of the statute that governs this process: the Presidential Transition Act (PTA) of
1963, as amended.1 1963, as amended.1
In recent decades, presidential transition activities often have begun In recent decades, presidential transition activities often have begun ~~informal y~~informally months before the months before the
general election; the major candidates general election; the major candidates ~~usual y have~~ have usually asked individualsasked individuals ~~or smal~~ or small groups to begin to groups to begin to
formulate transition plans in the event of an electoral victory. Preparations formulate transition plans in the event of an electoral victory. Preparations ~~general y have~~have generally
accelerated after the election, as the attention of the accelerated after the election, as the attention of the ~~President-elect~~apparent successful candidate and his supporters has turned and his supporters has turned
from campaigning to governing. from campaigning to governing. ~~The President-elect and his team~~They have approximately 11 weeks have approximately 11 weeks
between Election Day and Inauguration Day to organize the new Administration and to make between Election Day and Inauguration Day to organize the new Administration and to make
plans for pursuing its policy agenda.2 The incoming President plans for pursuing its policy agenda.2 The incoming President ~~also must~~ must also prepare to assume prepare to assume
national security and homeland security responsibilities from the incumbent—among a host of national security and homeland security responsibilities from the incumbent—among a host of
other duties and expectations. other duties and expectations.
While a formal transition process is essential to ensure continuity in the conduct of the executive While a formal transition process is essential to ensure continuity in the conduct of the executive
branch’s affairs, the concept of a branch’s affairs, the concept of a ~~federal y~~federally funded, institutionalized transition process is relatively funded, institutionalized transition process is relatively
new. Before enactment of the PTA in 1964,3 the methods for transferring information and new. Before enactment of the PTA in 1964,3 the methods for transferring information and
responsibility between Administrations were developed in an ad hoc fashion. In addition, the 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 political party organization of the incoming President was the primary source of funding for
transition expenses.4 Many facets of presidential transitions continued to be developed anew, transition expenses.4 Many facets of presidential transitions continued to be developed anew,
according to the preferences and priorities of each outgoing and, in particular, each incoming according to the preferences and priorities of each outgoing and, in particular, each incoming
President. Now, however, the PTA provides a President. Now, however, the PTA provides a ~~basic~~ framework for funding and framework for funding and ~~support of this~~
~~process~~supporting the transition process that begins months before the presidential election and continues after the new President’s inauguration. .
From enactment of the PTA in 1964 through the presidential transition of 2008-2009, most PTA- From enactment of the PTA 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. authorized support was provided after the election of the incoming President and Vice President.
In the years since, Congress has expanded support for the presidential transition process to In the years since, Congress has expanded support for the presidential transition process to
include authorization and funding for pre-election activities and support:include authorization and funding for pre-election activities and support:
 • The Pre-Election Presidential Transition Act of 2010 amended the PTA and The Pre-Election Presidential Transition Act of 2010 amended the PTA and
included several other provisions included several other provisions ~~to provide~~pertaining to additional additional support support tofor eligible eligible
candidates candidates ~~for~~during pre-election transition planning.5 pre-election transition planning.5
• The Edward “Ted” Kaufman and Michael Leavitt Presidential Transitions The Edward “Ted” Kaufman and Michael Leavitt Presidential Transitions
Improvements Act of 2015 (PTIA)—enacted on March 18, 2016—incorporated Improvements Act of 2015 (PTIA)—enacted on March 18, 2016—incorporated

1 3 U.S.C.1 3 U.S.C. §102 note. §102 note.
2 2 ~~T he~~The Election Day for President falls on the first Election Day for President falls on the first ~~T uesday~~Tuesday following following the first Monday of November of every fourth the first Monday of November of every fourth
year (3 U.S.C.year (3 U.S.C. §1), and Inauguration Day falls on January 20 of the year that follows (U.S.§1), and Inauguration Day falls on January 20 of the year that follows (U.S. Constitution, Constitution, ~~20 th~~20th
Amendment). Amendment).
3 This~~3 T his~~ statute was enacted March 7, 1964, but it retained the title Presidential statute was enacted March 7, 1964, but it retained the title Presidential ~~T ransition~~Transition Act of 1963. For a detailed Act of 1963. For a detailed
discussiondiscussion of presidential transitions preceding this act, see Laurin L. Henry, of presidential transitions preceding this act, see Laurin L. Henry, Presidential Transitions (Washington: (Washington:
Brookings Institution, 1960). Brookings Institution, 1960).
4 U.S. 4 U.S. President’s Commission on Campaign Costs, President’s Commission on Campaign Costs, Financing Presidential Campaigns, April 1962, pp. 23-24. , April 1962, pp. 23-24.
5 P.L. 111-283; 124 Stat. 3045. 5 P.L. 111-283; 124 Stat. 3045.
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some provisions of the 2010 law, with modifications, into the PTA.6 PTIA further some provisions of the 2010 law, with modifications, into the PTA.6 PTIA further
amended the PTA with provisions for pre-election transition support for amended the PTA with provisions for pre-election transition support for
presidential candidates. presidential candidates.
• The Presidential Transition Enhancement Act of 2019, enacted on March 3, 2020, The Presidential Transition Enhancement Act of 2019, enacted on March 3, 2020,
amended the PTA to require the General Services Administration (GSA) to amended the PTA to require the General Services Administration (GSA) to
establish, by September 1 of a presidential election year, a memorandum of establish, by September 1 of a presidential election year, a memorandum of
understanding (MOU) understanding (MOU) ~~regarding facilities and services to be provided by GSA~~
~~and an ethics plan to guide the conduct of those involved in the transition~~with each eligible candidate regarding the conditions under which facilities and services are to be provided by GSA.7 An .7 An
additional amendment mandated the development of agency succession plans for additional amendment mandated the development of agency succession plans for
potential leadership vacancies during the transition. The act also amended the potential leadership vacancies during the transition. The act also amended the
PTA to extend GSA transition support to the new President and Vice President PTA to extend GSA transition support to the new President and Vice President
~~following inauguration.~~
~~Transition Support: Services, Facilities, and Funds~~
~~Pre-election~~following inauguration. • The Presidential Transition Improvement Act, enacted on December 29, 2022, amended the PTA to specify the criteria that would be used to determine, following the election, the “apparent successful candidate” who would be eligible to receive transition resources and support under the PTA. Another PTA amendment under the act specified conditions, such as a contested election result, under which GSA could treat multiple candidates as “apparent successful candidates.” (See “Apparent Successful Candidates” below.) Transition Support: Services, Facilities, and Funds Pre-Election Services and Activities
The PTA, as amended, includes a number of provisions related to the pre-election portion of the The PTA, as amended, includes a number of provisions related to the pre-election portion of the
presidential transition. It directs the President and the incumbent Administration to establish a presidential transition. It directs the President and the incumbent Administration to establish a
specified transition-related organizational infrastructure, with some features ongoing and others specified transition-related organizational infrastructure, with some features ongoing and others
operational during a presidential election year only. The PTA also authorizes the incumbent operational during a presidential election year only. The PTA also authorizes the incumbent
Administration to provide certain pre-election transition support for eligible candidates (as Administration to provide certain pre-election transition support for eligible candidates (as
defined below). In addition, the PTA authorizes eligibledefined below). In addition, the PTA authorizes eligible candidates to fund pre-election transition candidates to fund pre-election transition
activities through their campaigns. The statute also requires each agency head to establish, by activities through their campaigns. The statute also requires each agency head to establish, by
September 15 of a presidential election year, a succession plan for each political position in the September 15 of a presidential election year, a succession plan for each political position in the
agency. It further provides for the negotiation, before the election, of memoranda of agency. It further provides for the negotiation, before the election, of memoranda of
understanding between the incumbent President and eligible candidates concerning post-election understanding between the incumbent President and eligible candidates concerning post-election
transition matters. transition matters.
For purposes of the act, For purposes of the act, eligible candidate is defined as “a candidate of a major party [as defined is defined as “a candidate of a major party [as defined
in 26 U.S.C. §9002(6)] for President or Vice-President of the United States; and in 26 U.S.C. §9002(6)] for President or Vice-President of the United States; and ~~...~~… any other any other
candidate who has been determined by the [GSA] Administrator to be among the principal candidate who has been determined by the [GSA] Administrator to be among the principal
contenders for the general election to such offices.”8 contenders for the general election to such offices.”8
~~In general, pre-election transition support is to be provided equal y to eligible candidates, without~~
~~regard to political affiliation.9~~

6 P.L. 114-136; 130 Stat. 301. 6 P.L. 114-136; 130 Stat. 301.
7 P.L. 116-121; 134 Stat. 138. 7 P.L. 116-121; 134 Stat. 138.
8 3 U.S.C.8 3 U.S.C. §102 note; Presidential §102 note; Presidential ~~T ransition~~Transition Act of 1963 [hereinafter cited as Act of 1963 [hereinafter cited as ~~PT A~~PTA], §3(h)(4). The ], §3(h)(4). The U.S. Code section section
cited, 26 U.S.C.cited, 26 U.S.C. §9002(6), states: “§9002(6), states: “ The term ‘major party’ means, with respect to any presidential election, a political The term ‘major party’ means, with respect to any presidential election, a political
party whose candidate for the office of President in the preceding presidential election received, as the candidate of party whose candidate for the office of President in the preceding presidential election received, as the candidate of
such party, 25 percent or more of the total number of popular votes received by all candidates for suchsuch party, 25 percent or more of the total number of popular votes received by all candidates for such office.office. ~~” T his~~” This
section of the section of the ~~PT A~~PTA also provides further guidance also provides further guidance ~~to the Administr ator~~ to the Administrator of General Services (Administrator) about how of General Services (Administrator) about how
he or she wouldhe or she would identify suchidentify such an “other candidate an “other candidate ~~...~~… among the principal contenders.” among the principal contenders.”
~~9 3 U.S.C. §102 note; PT A, §4(h).~~
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In general, pre-election transition support is to be provided equally to eligible candidates, without regard to political affiliation.9 Transition-Related Infrastructure
The PTA directs the President, in general, to “take such actions as the President determines The PTA directs the President, in general, to “take such actions as the President determines
necessary and appropriate to plan and coordinate activities by the Executive branch necessary and appropriate to plan and coordinate activities by the Executive branch ~~...~~… to facilitate to facilitate
an efficient transfer of power.”10 More an efficient transfer of power.”10 More ~~specifical y~~specifically, the law directs the President to establish and , the law directs the President to establish and
operate, as specified, a White House Transition Coordinating Council and an Agency Transition operate, as specified, a White House Transition Coordinating Council and an Agency Transition
Directors Council (described in detail below). Directors Council (described in detail below).
The statute directs the Administrator of General Services (Administrator) to designate a senior The statute directs the Administrator of General Services (Administrator) to designate a senior
career GSA official to be the Federal Transition Coordinator (the Coordinator). The Coordinator career GSA official to be the Federal Transition Coordinator (the Coordinator). The Coordinator
is to carry out transition-related functions assigned to GSA, coordinate transition planning across is to carry out transition-related functions assigned to GSA, coordinate transition planning across
federal agencies, ensure agency compliance with transition-related planning and reporting federal agencies, ensure agency compliance with transition-related planning and reporting
requirements, and act as liaison to eligiblerequirements, and act as liaison to eligible candidates.11candidates.11
The President is to establish the White House Transition Coordinating Council no later than early The President is to establish the White House Transition Coordinating Council no later than early
May of the presidential election year. This council is tasked with providing guidance to federal May of the presidential election year. This council is tasked with providing guidance to federal
agencies and the Coordinator on transition preparations, facilitating communication between agencies and the Coordinator on transition preparations, facilitating communication between
eligibleeligible candidates’ representatives and senior officials in the agencies and in the Executive candidates’ representatives and senior officials in the agencies and in the Executive
Office of the President (EOP), and preparing and hosting interagency emergency preparedness Office of the President (EOP), and preparing and hosting interagency emergency preparedness
and response exercises. The members of this council are to include senior executive branch and response exercises. The members of this council are to include senior executive branch
officials, the Coordinator, eligibleofficials, the Coordinator, eligible candidates’ representatives (in an advisory capacity), and candidates’ representatives (in an advisory capacity), and
others, as the President deems appropriate.12 The chairperson of this council is to be a senior EOP others, as the President deems appropriate.12 The chairperson of this council is to be a senior EOP
official designated by the President. official designated by the President.
The Agency Transition Directors Council established by the President is required to meet not less The Agency Transition Directors Council established by the President is required to meet not less
than once per year but “on a regular basis as necessary” beginning in early May of a presidential than once per year but “on a regular basis as necessary” beginning in early May of a presidential
election year. The PTA tasks this council with a number of duties, including assisting the election year. The PTA tasks this council with a number of duties, including assisting the
Coordinator, facilitating the Coordinator, facilitating the timely assembly of transition-related briefing materialsassembly of transition-related briefing materials by agencies, , and ensuring and ensuring
preparation of career officials to lead federal agencies on an interim basis during the transition. preparation of career officials to lead federal agencies on an interim basis during the transition.
The Coordinator and the Deputy Director for Management of the Office of Management and The Coordinator and the Deputy Director for Management of the Office of Management and
Budget (OMB) are to serve as co-chairpersons of the council. Other members include senior EOP Budget (OMB) are to serve as co-chairpersons of the council. Other members include senior EOP
officials, senior career officials as representatives of specified federal agencies, and—during a officials, senior career officials as representatives of specified federal agencies, and—during a
presidential election year—eligiblepresidential election year—eligible candidates’ representatives.13 candidates’ representatives.13
The PTA also directs the Administrator to prepare The PTA also directs the Administrator to prepare ~~a report~~, not later than a year before a not later than a year before a
presidential presidential ~~election~~election, a report summarizing modern presidential transition activities. This report is to summarizing modern presidential transition activities. This report is to
include a bibliography of transition-related resources. It is to be released to the public, include a bibliography of transition-related resources. It is to be released to the public, ~~general y,~~
~~as wel as~~ generally, as well as to eligibleto eligible candidates, specifically.14 9 3 U.S.C. §102 note; PTA, §§3(h)(2)(B)(iii) and 4(h). 10 3 U.S.C. §102 note; PTA, §4(b). 11 3 U.S.C. §102 note; PTA, §4(c). 12 3 U.S.C. §102 note; PTA, §4(d). 13 3 U.S.C. §102 note; PTA, §4(e). The~~candidates, specifical y.14~~
~~The incumbent President, acting through the Coordinator, is required to report to Congress on~~
~~pre-election presidential transition preparations twice: once at six months and again at three~~
~~months before the election.15~~

~~10 3 U.S.C. §102 note; PT A, §4(b).~~
~~11 3 U.S.C. §102 note; PT A, §4(c).~~
~~12 3 U.S.C. §102 note; PT A, §4(d).~~
~~13 3 U.S.C. §102 note; PT A, §4(e). T he~~ eligible candidates’ representatives are to serve in an advisory capacity. eligible candidates’ representatives are to serve in an advisory capacity.
14 3 U.S.C.14 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §3(h)(1)(C). , §3(h)(1)(C). ~~T he~~The Administrator is required Administrator is required to release this report to eligible candidates to release this report to eligible candidates
~~toget her~~together with a notice regarding with a notice regarding available services and facilities. In general, this notice is to be provided within three available services and facilities. In general, this notice is to be provided within three
businessbusiness days of the last nominating convention. 3 U.S.C. §102 note; days of the last nominating convention. 3 U.S.C. §102 note; ~~PT A~~PTA, §3(h)(1)(B). The Administrator is to make , §3(h)(1)(B). The Administrator is to make
the report generally available to the public “the report generally available to the public “ ~~promptly.”~~
~~15 3 U.S.C. §102 note; PT A, §4(i).~~
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The incumbent President, acting through the Coordinator, is required to report to Congress on pre-election presidential transition preparations twice: once at six months and again at three months before the election.15 Pre-Election~~Pre-election~~ Direct Transition Support
The PTA, as amended, authorizes the incumbent Administration to provide certain pre-election The PTA, as amended, authorizes the incumbent Administration to provide certain pre-election
transition support to eligibletransition support to eligible candidates. candidates.
The Administrator is directed to enter into an MOU with each eligible The Administrator is directed to enter into an MOU with each eligible candidate specifying the candidate specifying the
terms and conditions for the provision of administrative services and facilities. This MOU is to be terms and conditions for the provision of administrative services and facilities. This MOU is to be
completed by September 1 of a presidential election year. Where possible, the MOU is to be completed by September 1 of a presidential election year. Where possible, the MOU is to be
based on similar MOUs from prior transitions. The MOU is to designate a transition based on similar MOUs from prior transitions. The MOU is to designate a transition
representative of the candidate, but a later change in this designation by the candidate does not representative of the candidate, but a later change in this designation by the candidate does not
necessitate a new MOU.16 Amendments to the MOU are to be agreed to in writing, and deviations necessitate a new MOU.16 Amendments to the MOU are to be agreed to in writing, and deviations
from the MOU are to be preceded by written notice. from the MOU are to be preceded by written notice.
The statute provides for consultation between the Administrator and “any The statute provides for consultation between the Administrator and “any ~~President-elect, Vice~~
~~President-elect,~~apparent successful candidate or eligible candidate or eligible candidate ~~...~~… to develop a systems architecture plan for the computer to develop a systems architecture plan for the computer
and communications systems of the candidate,” including human resource management system and communications systems of the candidate,” including human resource management system
software compatible with that of the incumbent and likely to be used by the software compatible with that of the incumbent and likely to be used by the ~~President-elect and~~
~~Vice President-elect~~apparent successful candidates.17 The aim of this consultation is “to coordinate a transition to Federal .17 The aim of this consultation is “to coordinate a transition to Federal
systems if the candidate is elected.” systems if the candidate is elected.”
Other services and facilities authorized for eligible Other services and facilities authorized for eligible candidates include office space, appropriate candidates include office space, appropriate
furnishings, office equipment, communications services, and printing and binding.18 The furnishings, office equipment, communications services, and printing and binding.18 The
Administrator is required to notify eligibleAdministrator is required to notify eligible candidates of the availabilitycandidates of the availability of these resources.19 of these resources.19
Where services and facilities are provided to an eligibleWhere services and facilities are provided to an eligible candidate, certain conditions apply. The candidate, certain conditions apply. The
Administrator Administrator ~~shal~~ shall (1) determine the location of any office space, (2) ensure the security of (1) determine the location of any office space, (2) ensure the security of
information technology or communications services, and (3) offer information and other information technology or communications services, and (3) offer information and other
assistance assistance ~~equal y to al eligible~~ equally to all eligible candidates. Candidates may use these resources only to prepare candidates. Candidates may use these resources only to prepare
for a potential transition.20 A candidate is entitled to these services and facilities up to the date the for a potential transition.20 A candidate is entitled to these services and facilities up to the date the
“apparent successful candidates for the office of President and Vice President” have been “apparent successful candidates for the office of President and Vice President” have been
determined.21 (See “determined.21 (See “~~Ascertaining the ‘~~Apparent Successful Candidates,Apparent Successful Candidates,’” below, for a discussion ” below, for a discussion
of this determination process.) of this determination process.)
The PTA also requires the Administrator to notify eligible The PTA also requires the Administrator to notify eligible candidates of certain services made candidates of certain services made
availableavailable under the under the ~~Intel igence~~Intelligence Reform and Terrorism Prevention Act of 2004.22 The 2004 act Reform and Terrorism Prevention Act of 2004.22 The 2004 act
directs the Office of Personnel Management to provide a list of directs the Office of Personnel Management to provide a list of ~~presidential y~~presidentially appointed positions appointed positions
to each major party candidate not later than 15 days after his or her nomination. The same list is to each major party candidate not later than 15 days after his or her nomination. The same list is
~~to go to other eligible candidates thereafter.23 A second provision of the 2004 act pertains to~~
~~expedited security clearances for transition team members.24~~

~~16 3 U.S.C. §102 note; PT A, §3(i). T he~~ 15 3 U.S.C. §102 note; PTA, §4(i). 16 3 U.S.C. §102 note; PTA, §3(i). The service of this representative terminates no later than September 30 of the service of this representative terminates no later than September 30 of the
followingfollowing year, but it may be endedyear, but it may be ended earlier. earlier.
17 3 U.S.C. 17 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §3(a)(10). , §3(a)(10).
18 3 U.S.C.18 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §3(h)(2). , §3(h)(2).
19 3 U.S.C.19 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §3(h)(1). In general, this notice is to be provided within three business, §3(h)(1). In general, this notice is to be provided within three business ~~days~~ days of the last of the last
nominating convention. nominating convention.
20 3 U.S.C. 20 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §§3(h)(2)(A), 3(h)(2)(C). , §§3(h)(2)(A), 3(h)(2)(C).
21 3 U.S.C.21 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §3(h)(2)(D). , §3(h)(2)(D).
22 3 U.S.C.22 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §3(h)(1)(A). Congressional Research Service 4 Presidential Transition Act: Provisions and Funding to go to other eligible candidates thereafter.23 A second provision of the 2004 act pertains to expedited security clearances for transition team members.24~~, §3(h)(1)(A).~~
~~23 5 U.S.C. §1101 note.~~
~~24 T his provision, which was amended by the Pre-Election Presidential T ransition Act of 2010 (P.L. 111-283; 124 Stat.~~
~~3046), allows each eligible candidate to submit, before the general election, security clearance requests for “ prospective~~
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In addition, the PTA authorizes the Administrator to fund, during the transition, orientation In addition, the PTA authorizes the Administrator to fund, during the transition, orientation
activities, primarily for “individuals the activities, primarily for “individuals the ~~President-elect or eligible candidate ...~~apparent successful candidate for the office of President or eligible candidate … for President for President
intends to nominate as department heads or appoint to key positions in the Executive Office of the intends to nominate as department heads or appoint to key positions in the Executive Office of the
President or President or ~~executive~~Executive agencies.”25 The purpose of these activities is to acquaint the incoming agencies.”25 The purpose of these activities is to acquaint the incoming
leadership “with the types of problems and leadership “with the types of problems and ~~chal enges~~challenges that that most typically~~most typical y~~ confront new political confront new political
appointees when they make the transition from campaign and other prior activities to assuming appointees when they make the transition from campaign and other prior activities to assuming
the responsibility for governance.”26 Personnel who may assist in the transition process include the responsibility for governance.”26 Personnel who may assist in the transition process include
~~individuals~~ individuals who “(I) held similar leadership roles in prior administrations; (II) are department or who “(I) held similar leadership roles in prior administrations; (II) are department or
agency experts from the Office of Management and Budget or an Office of Inspector General of a agency experts from the Office of Management and Budget or an Office of Inspector General of a
department or agency; or (III) are relevant staff from the” Government Accountability Office.27 department or agency; or (III) are relevant staff from the” Government Accountability Office.27
The orientation activities specified in the statute include “training or orientation in records The orientation activities specified in the statute include “training or orientation in records
~~management ...~~management … including training on the separation of Presidential records and personal records,” including training on the separation of Presidential records and personal records,”
~~as wel~~ as well as “training or orientation in human resources management and performance-based as “training or orientation in human resources management and performance-based
management.”28 management.”28
The PTA directs the Administrator to work with the Archivist of the United States to create, in The PTA directs the Administrator to work with the Archivist of the United States to create, in
support of the orientation activities, a transition directory compiling “Federal publications and support of the orientation activities, a transition directory compiling “Federal publications and
materials with supplementary materials developed by the Administrator.” The directory is to materials with supplementary materials developed by the Administrator.” The directory is to
include “information on the officers, organization, and statutory and administrative authorities, include “information on the officers, organization, and statutory and administrative authorities,
functions, duties, responsibilities, and mission of each department and agency.”29 functions, duties, responsibilities, and mission of each department and agency.”29
Funding of Pre-~~election~~Election Transition Activities by Campaigns
The PTA enables eligible The PTA enables eligible presidential candidates to fund pre-election transition activities through presidential candidates to fund pre-election transition activities through
their campaigns.30 As described in the Senate report on the amendment that established this their campaigns.30 As described in the Senate report on the amendment that established this
~~provision,~~
provision: In order to supplement the services and access to facilities provided by the Administrator, In order to supplement the services and access to facilities provided by the Administrator,
anan ~~eligible candidate may, under the provisions of this subsection, establish a~~ eligible candidate may, under the provisions of this subsection, establish a separate separate
fund—qualifying for the purposes of section 501(c)(4) of the Internal Revenue Code of fund—qualifying for the purposes of section 501(c)(4) of the Internal Revenue Code of
1986—to pay for transition 1986—to pay for transition ~~s ervices~~services and facilities. An eligible candidate may transfer into and facilities. An eligible candidate may transfer into
thisthis ~~fund contributions received for his or her general election campaign and may also~~
~~solicit and accept donations directly into it.31~~
~~The statute places limits on donations as a condition for receiving services and funds under the~~
~~act. Under these limitations, the eligible candidate “shal not accept more than $5,000 from any~~

~~transition team members who will have a need for access to classified information” in the course of their work . T he law~~
~~directs that resulting investigations and eligibility determinations be completed, as much as possible, by the day after~~
~~the general election (50 U.S.C. §3342).~~
~~25 3 U.S.C. §102 note; PT A, §3(a)(8)(B).~~
~~26 3 U.S.C. §102 note; PT A, §3(a)(8)(A)(i).~~
~~27 3 U.S.C. §102 note; PT A, §3(a)(8)(A)(ii).~~
~~28 3 U.S.C. §102 note; PT A, §3(a)(8)(A)(ii).~~
~~29 3 U.S.C. §102 note; PT A, §3(a)(9).~~
~~30 3 U.S.C. §102 note; PT A, §3(h)(3).~~
~~31 S.Rept. 111-239, p. 7. T he entities identified in section 501(c)(4) of the Internal Revenue Code include those~~
~~typically referred to as social welfare organizations. For more, see CRS Report 96-264,~~ ~~Frequently Asked Questions~~
~~About Tax-Exem pt Organizations, by Erika K. Lunder.~~
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5

~~Presidential Transition Act: Provisions and Funding~~

~~person, organization, or other entity for the purposes of carrying out activities authorized by” the~~
fund contributions received for his or her general election campaign and may also solicit and accept donations directly into it.31 23 5 U.S.C. §1101 note, “Transmittal of Record Relating to Presidentially Appointed Positions to Presidential Candidates.” 24 This provision, which was amended by the Pre-Election Presidential Transition Act of 2010 (P.L. 111-283; 124 Stat. 3046), allows each eligible candidate to submit, before the general election, security clearance requests for “prospective transition team members who will have a need for access to classified information” in the course of their work. The law directs that resulting investigations and eligibility determinations be completed, as much as possible, by the day after the general election (50 U.S.C. §3342). 25 3 U.S.C. §102 note; PTA, §3(a)(8)(B). 26 3 U.S.C. §102 note; PTA, §3(a)(8)(A)(i). 27 3 U.S.C. §102 note; PTA, §3(a)(8)(A)(ii). 28 3 U.S.C. §102 note; PTA, §3(a)(8)(A). 29 3 U.S.C. §102 note; PTA, §3(a)(9). 30 3 U.S.C. §102 note; PTA, §3(h)(3). 31 S.Rept. 111-239, p. 7. The entities identified in section 501(c)(4) of the Internal Revenue Code include those typically referred to as social welfare organizations. For more, see CRS Report 96-264, Frequently Asked Questions About Tax-Exempt Organizations. Congressional Research Service 5 Presidential Transition Act: Provisions and Funding The statute places limits on donations as a condition for receiving services and funds under the act. Under these limitations, the eligible candidate “shall not accept more than $5,000 from any person, organization, or other entity for the purposes of carrying out activities authorized by” the PTA.32 PTA.32
Transition Leadership
The PTA requires that agency heads designate, by early May of a presidential election year, senior The PTA requires that agency heads designate, by early May of a presidential election year, senior
career officials to oversee transition-related activities. Such a designation is to be made for the career officials to oversee transition-related activities. Such a designation is to be made for the
agency and each of its major components and subcomponents.33 agency and each of its major components and subcomponents.33
The PTA also provides for interim leadership of agencies during the transition. It directs agency The PTA also provides for interim leadership of agencies during the transition. It directs agency
heads to provide for a succession plan for each senior political position in the agencyheads to provide for a succession plan for each senior political position in the agency, by by
September 15 of a presidential election year.34 In the case of advice and consent positions, such September 15 of a presidential election year.34 In the case of advice and consent positions, such
designations are to be consistent with the designations are to be consistent with the Federal Vacancies Reform Act of 1998.35 Vacancies Reform Act of 1998.35
Memoranda of Understanding on ~~Transition~~Transition36
The PTA directs the President, acting through the Coordinator, to negotiate an MOU with each The PTA directs the President, acting through the Coordinator, to negotiate an MOU with each
eligibleeligible candidate’s representative prior to October 1 of a presidential election year. The MOU is candidate’s representative prior to October 1 of a presidential election year. The MOU is
to address “at a minimum, the conditions of access to employees, facilities, and documents of to address “at a minimum, the conditions of access to employees, facilities, and documents of
agencies by transition staff.” As much as possible, these MOUs are to be based on MOUs from agencies by transition staff.” As much as possible, these MOUs are to be based on MOUs from
previous presidential transitions.previous presidential transitions.3637 These MOUs are to be posted on the GSA website upon These MOUs are to be posted on the GSA website upon
completion or by October 1, whichever is earlier. completion or by October 1, whichever is earlier.
These MOUs are to include an ethics plan pertaining to the members of the transition team. These MOUs are to include an ethics plan pertaining to the members of the transition team.3738 This This
plan is to include ethics requirements that apply plan is to include ethics requirements that apply ~~general y as wel~~ generally as well as those that apply as those that apply ~~specifical y~~specifically
to those who might have access to nonpublic or classified information. The PTA specifies relevant to those who might have access to nonpublic or classified information. The PTA specifies relevant
considerations that are to be addressed by the plan, including the roles of lobbyists and foreign considerations that are to be addressed by the plan, including the roles of lobbyists and foreign
~~agents and the means of identifying and addressing conflicts of interest. It requires that the plan~~
~~also include a code of ethical conduct, to be signed by each transition team member, that spel s~~
~~out ethics requirements and the steps that members must take to meet them.~~
~~Post-election Support~~
~~Once the President-elect and Vice President-elect have been ascertained by the Administrator,38~~
~~the PTA authorizes the Administrator to provide them with certain facilities, funds, and services~~
~~to prepare for future duties, including those that were available to them as candidates and~~
~~additional resources:~~

32 3 U.S.C.32 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §6(c). PTA §3(h)(3)(B)(iii) applies §6(c) to funds collected during, §6(c). PTA §3(h)(3)(B)(iii) applies §6(c) to funds collected during campaigns. campaigns.
33 3 U.S.C.33 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §4(f)(1). , §4(f)(1).
34 3 U.S.C.34 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §4(f)(2). , §4(f)(2).
35 Advice and consent positions are those filled through appointment by the President, with the advice and consent of 35 Advice and consent positions are those filled through appointment by the President, with the advice and consent of
the Senate. For more on the the Senate. For more on the Federal Vacancies Reform Act of 1998, see CRSVacancies Reform Act of 1998, see CRS Report R44997, Report R44997, The Vacancies Act: A Legal Overview. 36 This section pertains to one of two MOUs under the act. Whereas Section 3(i) provides for such an agreement between the Administrator and each eligible candidate specifying “the conditions for the administrative support services and facilities,” Section 4(g), discussed here, requires an MOU between the incumbent President, acting through the Coordinator, and each eligible candidate’s transition representative specifying conditions of access by transition staff to executive branch employees, facilities, and documents. The latter MOU is to include an agreement on implementation and enforcement of an ethics plan for transition staff. The provision concerning the former MOU does not include this requirement. 37 3 U.S.C. §102 note; PTA~~Legal~~
~~Overview, by Valerie C. Brannon.~~
~~36 3 U.S.C. §102 note; PT A~~, §4(g). For examples of such memoranda of understanding,, §4(g). For examples of such memoranda of understanding, see “see “ Memorandum of Memorandum of
Understanding Between the Obama-BidenUnderstanding Between the Obama-Biden ~~T ransition~~ Transition Project and the General Services Administration Project and the General Services Administration ,” at ,” at
https://presidentialtransition.org/publications/memorandum-of-understanding-between-the-obama-biden-transition-https://presidentialtransition.org/publications/memorandum-of-understanding-between-the-obama-biden-transition-
projectproject -and-the-general-services-administration/-and-the-general-services-administration/~~, and “~~ ; “Memorandum of Understanding between the General Services Memorandum of Understanding between the General Services
Administration and the Romney ReadinessAdministration and the Romney Readiness ~~Project~~ Project,” at https://presidentialtransition.org/publications/memorandum-of-,” at https://presidentialtransition.org/publications/memorandum-of-
understanding-between-the-general-services-administration-and-the-romney-readiness-project/understanding-between-the-general-services-administration-and-the-romney-readiness-project/; “Memorandum of Understanding Between President-elect Trump and the White House,” at https://presidentialtransition.org/reports-publications/memorandum-of-understanding-regarding-transition-procedurees/; and “Memorandum of Understanding Between Joe Biden and GSA,” at https://presidentialtransition.org/reports-publications/memorandum-of-understanding-between-joe-biden-and-gsa/. 38.
37 3 U.S.C. 3 U.S.C. §102 note; §102 note; ~~PT A, §4(g)(3).~~
~~38 See “Ascertaining the ‘Apparent Successful Candidates.’”~~
PTA, §4(g)(3). Congressional Research Service Congressional Research Service

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link to page 7 link to page 7 Presidential Transition Act: Provisions and Funding

agents and the means of identifying and addressing conflicts of interest. It requires that the plan also include a code of ethical conduct, to be signed by each transition team member, that spells out ethics requirements and the steps that members must take to meet them. Post-Election Support Following the presidential election, the PTA authorizes the Administrator to provide each apparent successful candidate with certain facilities, funds, and services to prepare for future duties, including those that were available to them as candidates as well as additional resources: • suitable office space appropriately equipped with furniture, furnishings, office suitable office space appropriately equipped with furniture, furnishings, office
machines and equipment, and office supplies; machines and equipment, and office supplies;
• payment of the compensation of members of office staffs designated by the payment of the compensation of members of office staffs designated by the
~~President-elect or Vice President-elect;~~
apparent successful candidate; • payment of expenses for the procurement of services of experts or consultants or payment of expenses for the procurement of services of experts or consultants or
organizations thereof for the organizations thereof for the ~~President-elect or Vice President-elect;~~
apparent successful candidate; • payment of travel expenses and subsistence payment of travel expenses and subsistence ~~al owances~~allowances, including rental of , including rental of
government or hired motor vehicles; government or hired motor vehicles;
• government aircraft for transition purposes on a reimbursable basis, when government aircraft for transition purposes on a reimbursable basis, when
requested by requested by ~~[one of the incoming officers~~the apparent successful candidate or a designee or a designee] and approved by the and approved by the
President; President;
• aircraft chartered for transition purposes, when requested by aircraft chartered for transition purposes, when requested by ~~[one of the incoming~~
~~officers~~the apparent successful candidate or a designee or a designee]; ;
• communications services; and communications services; and
• payment of expenses for printing and binding.39 payment of expenses for printing and binding.39
In addition, the PTA authorizes funding for the use of the U.S. Postal Service by In addition, the PTA authorizes funding for the use of the U.S. Postal Service by ~~the President-~~
~~elect and Vice President-elect~~each apparent successful candidate “in connection with [ “in connection with [~~their~~his or her] preparations for the assumption of ] preparations for the assumption of
official duties.”40 official duties.”40
As discussed in greater detail above As discussed in greater detail above ~~(“Pre-election~~(“Pre-Election Direct Transition Support””), the PTA also ), the PTA also
authorizes the Administrator to fund incoming leadership orientation activities for authorizes the Administrator to fund incoming leadership orientation activities for ~~the intended~~
~~nominees of the President-elect during the transition.~~“individuals the apparent successful candidate for the office of President … intends to nominate as department heads or appoint to key positions in the Executive Office of the President or Executive agencies.”41 The purpose of these activities is to acquaint The purpose of these activities is to acquaint
members of the new Administration with governance issues they are likely to face as they take members of the new Administration with governance issues they are likely to face as they take
office. The statute specifies the personnel who may assist in the transition process,office. The statute specifies the personnel who may assist in the transition process,4142 and it also and it also
~~identifies~~ identifies orientation activities orientation activities that may be included.43 39 3 U.S.C. §102 note; PTA, §3(a). Some of these resources would have been authorized to be provided while the apparent successful candidate was an eligible candidate as well. See “Pre-Election Direct Transition Support,” above. 40 3 U.S.C. §102 note; PTA, §§3(a)(7) and 3(d). 41 3 U.S.C. §102 note; PTA, §3(a)(8)(B). 42 3 U.S.C. §102 note; PTA, §3(a)(8). Personnel who may assist in the transition process include individuals ~~that may be included.42~~
~~The statute also provides that these orientation activities “shal include the preparation of a~~
~~detailed classified, compartmented summary .. of specific operational threats to national security;~~
~~major military or covert operations; and pending decisions on possible uses of military force.”43~~
~~This summary is to be conveyed to the President-elect as soon as possible after the general~~
~~election.44~~

~~39 3 U.S.C. §102 note; PT A, §3(a). Some of these resources would have been authorized to be provided while the~~
~~President -elect was an eligible candidate, as well. See “ Pre-Election Direct T ransition Support ,” above.~~
~~40 3 U.S.C. §102 note; PT A, §§3(a)(7) and 3(d).~~
~~41 3 U.S.C. §102 note; PT A, §3(a)(8). Personnel who may assist in the transition process include individuals~~ who “(I) who “(I)
held similar leadership roles in prior administrations; (II) are department or agency experts from the Office of held similar leadership roles in prior administrations; (II) are department or agency experts from the Office of
Management and BudgetManagement and Budget or an Office of Inspector General of a department or agency; or (III) are relevant or an Office of Inspector General of a department or agency; or (III) are relevant ~~st aff~~staff from from
the” Government Accountability Office. the” Government Accountability Office.
42 43 3 U.S.C. 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §3(a)(8). The orientation activities specified in the statute include “training or orientation , §3(a)(8). The orientation activities specified in the statute include “training or orientation
in records management in records management ~~...~~… including including training on the separation of Presidential records and personal records,” as welltraining on the separation of Presidential records and personal records,” as well as
~~“training or orientation in human resources management and performance-based management.” As noted above, the~~
~~PT A directs the Administrator and the Archivist to create a related transition directory ( 3 U.S.C. §102 note; PT A,~~
~~§3(a)(9)). See “ Pre-Election Direct T ransition Support.”~~
~~43 3 U.S.C. §102 note; PT A, §3(a)(8)(A)(v).~~
~~44 3 U.S.C. §102 note; PT A, §3(a)(8)(A)(v).~~
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~~Presidential Transition Act: Provisions and Funding~~
as (continued...) Congressional Research Service 7 link to page 12 Presidential Transition Act: Provisions and Funding The statute also provides that these orientation activities “shall include the preparation of a detailed classified, compartmented summary … of specific operational threats to national security; major military or covert operations; and pending decisions on possible uses of military force.”44 This summary is to be conveyed to the apparent successful candidate for President as soon as possible after the general election.45
As noted above (“Pre-Election Direct Transition Support”), the PTA provides for consultation As noted above (“Pre-Election Direct Transition Support”), the PTA provides for consultation
between the Administrator and between the Administrator and
any any ~~President-elect, Vice President-elect, or eligible candidate ... to develop a systems~~
~~architecture plan for the computer and communications systems of the candidate~~ apparent successful candidate or eligible candidate … to develop a systems architecture plan for the computer and communications systems of the candidate to to
coordinate a transition to Federal systems if the candidate is elected including coordinate a transition to Federal systems if the candidate is elected including ~~...~~… human human
resource management system software resource management system software
compatible with that of the incumbent and likely to be used by the compatible with that of the incumbent and likely to be used by the ~~President-elect and Vice~~
~~President-elect.45~~apparent successful candidates.46
Funding Authorization
Since the PTA was passed in 1964, the funding authorized for its implementation has grown. As Since the PTA was passed in 1964, the funding authorized for its implementation has grown. As
~~original y~~ originally enacted, the PTA authorized funding not to exceed $900,000 for any one transition “for enacted, the PTA authorized funding not to exceed $900,000 for any one transition “for
carrying out the purposes” of the act.carrying out the purposes” of the act.4647 In 1976, this provision was amended to authorize “not In 1976, this provision was amended to authorize “not
more than $2,000,000 more than $2,000,000 ~~...~~… for the purposes of providing services and facilities to the President-elect for the purposes of providing services and facilities to the President-elect
and Vice President-elect” and “not more than $1,000,000 and Vice President-elect” and “not more than $1,000,000 .. … for the purposes of providing services for the purposes of providing services
and facilities to the former President and former Vice President.”and facilities to the former President and former Vice President.”4748 In 1988, this provision was In 1988, this provision was
amended once again and the authorized amounts were increased to $3.5 amended once again and the authorized amounts were increased to $3.5 ~~mil ion~~ million and $1.5 and $1.5 ~~mil ion,~~
million, respectively.respectively.4849 The 1988 amendments also directed that the “amounts authorized to be The 1988 amendments also directed that the “amounts authorized to be
appropriated [by these provisions] be increased by an inflation adjusted amount, based on appropriated [by these provisions] be increased by an inflation adjusted amount, based on
increases in the cost of transition services and expenses which have occurred in the years increases in the cost of transition services and expenses which have occurred in the years
following the most recent Presidential transition.”following the most recent Presidential transition.”49
50 Section 4 of the Pre-Election Presidential Transition Act of 2010 authorizes “such sums as may be Section 4 of the Pre-Election Presidential Transition Act of 2010 authorizes “such sums as may be
necessary to carry out the provisions” of that act.necessary to carry out the provisions” of that act.5051
A general provision of the PTA authorizes the Administrator to spend PTA-authorized funds for A general provision of the PTA authorizes the Administrator to spend PTA-authorized funds for
the provision of most of the specified “services and facilities the provision of most of the specified “services and facilities ~~...~~… in connection with in connection with ~~... obligations~~
~~incurred by the President-elect or Vice-President-elect”~~ any obligation incurred by the “Apparent Successful Candidates” between the day following the general between the day following the general
election and election and ~~180~~60 days after the inauguration. days after the inauguration.5152 As discussed above, a number of exceptions to this As discussed above, a number of exceptions to this
~~general provision authorize expenditures for specified pre-election transition-related services and~~
~~facilities for “eligible candidates.”~~
~~The President-elect, Vice President-elect, or eligible candidate may designate an assistant to act~~
~~on his or her behalf in connection with the support provided by the Administrator under the PTA.~~
~~Up to 10% of the expenditures under the PTA may be made upon certification by the President-~~
~~elect, Vice President-elect, or the designated assistant “that such expenditures are classified and~~
~~are essential to the national security” and are consistent with PTA provisions.52~~

~~45 3 U.S.C. §102 note; PT A, §3(a)(10).~~
46general “training or orientation in human resources management and performance-based management.” As noted above, the PTA directs the Administrator and the Archivist to create a related transition directory (3 U.S.C. §102 note; PTA, §3(a)(9)). See “Pre-Election Direct Transition Support.” 44 3 U.S.C. §102 note; PTA, §3(a)(8)(A)(v). 45 3 U.S.C. §102 note; PTA, §3(a)(8)(A)(v). 46 3 U.S.C. §102 note; PTA, §3(a)(10). 47 P.L. 88-277, §5; 78 Stat. 153, 156. The act’s authorization of appropriations, as amended, may be found at 3 U.S.C. §102 note; PTA, §7. 48 ~~P.L. 88-277, §5; 78 Stat. 153, 156.~~
47 P.L. 94-499, §a; 90 Stat. 2380. P.L. 94-499, §a; 90 Stat. 2380.
4849 P.L. 100-398, §2; 102 Stat. 985. P.L. 100-398, §2; 102 Stat. 985.
4950 P.L. 100-398, §2; 102 Stat. 985. P.L. 100-398, §2; 102 Stat. 985.
5051 P.L. 111-283, §4; 124 Stat. 3049 P.L. 111-283, §4; 124 Stat. 3049.
~~51 3 U.S.C. §102 note; PT A, §3(b)~~. .
52 3 U.S.C.52 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §3(, §3(eb). ).
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Presidential Transition Act: Provisions and Funding

~~Funding for 2020-2021~~
~~The President’s FY2020 budget proposal for GSA included a request for $9.62 mil ion in funding~~
~~for activities authorized by the Pre-Election Presidential Transition Act of 2010 in anticipation of~~
~~the 2020-2021 presidential transition.53 This request was endorsed by Congress and included in~~
~~the Consolidated Appropriations Act, 2020, which was enacted on December 20, 2019.54~~
~~The President’s FY2021 budget proposal for GSA included a request for $9.9 mil ion for PTA-~~
~~related activities.55 This request was endorsed by Congress and included in the Continuing~~
~~Appropriations Act, 2021 and Other Extensions Act.56 Transition-related funds also were~~
~~appropriated to the White House Office of Administration ($8 mil ion)~~provision authorize expenditures for specified pre-election transition-related services and facilities for “eligible candidates.” Each apparent successful candidate or eligible candidate may designate an assistant to act on his or her behalf in connection with the support provided by the Administrator under the PTA. Up to 10% of the expenditures under the PTA may be made upon certification by an apparent successful candidate or the designated assistant “that such expenditures are classified and are essential to the national security” and are consistent with PTA provisions.53 Funding for 2024-2025 The President’s FY2024 budget proposal for GSA included a request for $10.413 million in funding for activities authorized by the Pre-Election Presidential Transition Act of 2010 in anticipation of a potential 2024-2025 presidential transition.54 This request was included in the FY2024 Financial Services and General Government Appropriations bills reported by the House and Senate Appropriations Committees.55 In recent decades, presidential budget proposals for fiscal years during which a presidential election has taken place have included funding requests for presidential-transition-related activities at GSA, the White House Office of Administration, and the National Archives and Records Administration. The President’s budget proposal for FY2025 had not been released when this report was published. Other Provisions “Apparent Successful Candidates” The post-election provisions of the PTA generally apply to the “apparent successful candidate.” The act provides criteria for the determination of apparent successful candidates, but it does not explicitly assign the authority to make the determination to a specific official. It does, however, direct the Administrator to treat one or more candidates as apparently successful for purposes of the PTA when the criteria are met. The PTA contemplates multiple potential post-election scenarios. If all but one presidential candidate has conceded the election, the act provides that the remaining candidate shall be the apparent successful candidate.56 Where two or more candidates have not conceded within five days of election day, the remaining candidates shall be treated as apparent successful candidates until the criteria for one of them to be treated as the sole apparent successful candidate are met.57 The act includes two sets of criteria: interim discretionary qualifications and mandatory qualifications. 53 3 U.S.C. §102 note; PTA, §3(e). 54 U.S. Office of Management and Budget, Budget of the U.S. Government, Fiscal Year 2024—Appendix (Washington: GPO, 2023), p. 1126. 55 U.S. Congress, House Committee on Appropriations, Financial Services and General Government Appropriations Bill, 2024, report together with dissenting views to accompany H.R. 4664, 118th Cong., 1st sess., July 17, 2023, H.Rept. 118-145 ~~and the National Archives~~
~~and Records Administration ($18 mil ion) for presidential transition-related activities.57~~
~~Other Provisions~~
~~Ascertaining the “Apparent Successful Candidates”~~
~~For the purposes of the PTA, the President-elect and Vice-President-elect are defined as “the~~
~~apparent successful candidates for the office of President and Vice President, respectively, as~~
~~ascertained by the [GSA] Administrator following the general elections.”58 In the immediate~~
~~aftermath of the contested November 7, 2000, presidential election, neither major candidate~~
~~(George W. Bush or Al Gore) was provided with the resources that would be available for the~~
~~President-elect and Vice President-elect. In testimony before the House Committee on~~
~~Government Reform, Subcommittee on Government Management, Information, and Technology,~~
~~Administrator David J. Barram testified, “In this unprecedented, incredibly close and intensely~~
~~contested election, with legal action being pursued by both sides, it is not apparent to me who the~~
~~winner is. That is why I have not ascertained a President-elect.”59 In his testimony, the~~
~~Administrator drew on a 1963 House floor debate concerning the PTA, during which a sponsor of~~
~~the legislation stated that, “in a close contest, the Administrator simply would not make the~~
~~decision.”60 The GSA Deputy Administrator reportedly provided PTA facilities and funds to the~~
~~Bush-Cheney transition team on December 14, 2000, the day following Vice President Gore’s~~
~~concession speech.61~~

~~53 U.S. Office of Management and Budget, Budget of the U.S. Government, Fiscal Year 2020—Appendix (Washington:~~
~~GPO, 2019), p. 1082.~~
~~54 P.L. 116-93; 133 Stat. 2317, at 2467.~~
55 U.S. Office of Management and Budget, Budget of the U.S. Government, Fiscal Year 2021—Appendix (Washington: (Washington:
GPO, GPO, ~~2020), pp. 1162-1163.~~
~~56 P.L. 116-159, Division A, §134.~~
~~57 P.L. 116-159, Division A, §§136 and 137.~~
~~58 3 U.S.C. §102 note; PT A, §3(c).~~
~~59 U.S. Congress, House Committee on Government Reform, Subcommittee on Government Management, Information,~~
~~and T echnology, Transitioning to a New Adm inistration: Can the Next President Be Ready? , hearings, 106th Cong., 2nd~~
~~sess., December 4, 2000 (Washington: GPO, 2001), p. 69.~~
~~60 Rep. Dante Fascell, “Presidential T ransition Act of 1963,” remarks in the House, Congressional Record, vol. 109,~~
~~July 25, 1963, p. 13348.~~
~~61 Ben White, “White House T ransition; T ransition Officials Moving to D.C. Office; T eam Gets $5. 3 Million to Ready~~
~~Administration,” Washington Post, December 15, 2000, p. A39.~~
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~~Presidential Transition Act: Provisions and Funding~~

~~At that time, the provisions of the PTA were limited to support of the President-elect, Vice~~
~~President-elect, former Presidents, and former Vice Presidents. For the most part, the statute did~~
~~not provide a formal role for, or support for, major presidential candidates in the pre-election~~
~~transition planning process. As discussed above, the PTA has been amended several times since~~
~~2000, broadening the statutory conception of the transition period to include major candidate~~
~~contingency planning. Because the PTA now directs GSA to provide certain resources to these~~
~~candidates before the election, these resources could continue to sustain the transition planning,~~
~~should the successful candidate not be apparent on Election Day.~~
~~Inter-term Transition for an Incumbent President~~
~~In the event “the President-elect~~2023), p. 59; U.S. Congress, Senate Committee on Appropriations, Financial Services and General Government Appropriations Bill, 2024, report to accompany S. 2309, 118th Cong., 1st sess., July 13, 2023, S.Rept. 118-61 (Washington: GPO, 2023), pp. 78-79. 56 3 U.S.C. §102 note; PTA, §3(c)(1)(A)(i). 57 3 U.S.C. §102 note; PTA, §3(c)(1)(A)(ii). Congressional Research Service 9 Presidential Transition Act: Provisions and Funding The Administrator may, on an interim discretionary basis, determine that a candidate “shall be treated as” the sole apparent successful candidate where, five or more days after the election, “it is substantially certain” that a single candidate will “receive a majority of the pledged votes of electors.” Factors to be used when determining whether this is the case include (1) whether “significant legal challenges” that could alter the outcome of a state’s election have been “substantially resolved,” (2) the certified results of the election in each state, and (3) the level of certainty of states’ election results given the “totality of circumstances.”58 The mandatory qualifications in the act usually develop later in the transition period. The PTA provides that a candidate meeting one of these qualifications shall be the sole apparent successful candidate: • A candidate receives a majority of pledged electoral votes based on state certifications and there are no further legal or administrative actions pertaining to the results, • A candidate receives the majority of electoral votes at the meeting of electors in December following the election, or • The candidate is formally elected at the joint meeting of Congress.59 During any period in which there are multiple apparent successful candidates, the Administrator is authorized to provide access to PTA services and facilities to each of them. The Administrator, the Coordinator, and other governmental transition leaders are required to ensure that each apparent successful candidate is provided equal access to PTA-required information and spaces.60 The Administrator is also required to submit to Congress weekly reports on the transition that specify the funds and access to agency information and spaces provided to each apparent successful candidate. This weekly report is also required to summarize the evolving status of each apparent successful candidate under PTA criteria.61 When the PTA permits or requires that a single candidate be treated as the sole apparent successful candidate, the Administrator is required to inform the public through a written statement that includes a description of the legal basis and reasons for treating the candidate as such.62 Inter-Term Transition for an Incumbent President In the event “an apparent successful candidate for the office of President is the incumbent President or in the case where is the incumbent President or in the case where ~~the Vice-~~
~~President-elect~~an apparent successful candidate for office of Vice President is the incumbent Vice President,” the PTA prohibits the expenditure of funds for is the incumbent Vice President,” the PTA prohibits the expenditure of funds for
the provision to such incumbent of most services and facilities specified under the act. Any funds the provision to such incumbent of most services and facilities specified under the act. Any funds
appropriated for what turn out to be appropriated for what turn out to be ~~unneeded purposes~~prohibited expenditures are to be returned to the general are to be returned to the general ~~funds~~fund of of
the Treasury.the Treasury.6263 An exception to this general prohibition was added by PTIA, however. Under such An exception to this general prohibition was added by PTIA, however. Under such
~~circumstances,~~ circumstances, 58 3 U.S.C. §102 note; PTA, §3(c)(1)(B). Emphasis added. 59 3 U.S.C. §102 note; PTA, §3(c)(1)(C). 60 3 U.S.C. §102 note; PTA, §3(c)(2)(A) and (B). 61 3 U.S.C. §102 note; PTA, §3(c)(2)(C). 62 3 U.S.C. §102 note; PTA, §3(c)(2)(D). 63 3 U.S.C. §102 note; PTA, §3(g). Congressional Research Service 10 Presidential Transition Act: Provisions and Funding certain activities related to training and orientations of “key prospective certain activities related to training and orientations of “key prospective
Presidential appointees” are authorized to be funded.Presidential appointees” are authorized to be funded.6364
Outgoing Administration
The Administrator is also authorized, under the PTA, to provide services and facilities to each The Administrator is also authorized, under the PTA, to provide services and facilities to each
outgoing President and Vice Presidentoutgoing President and Vice President, “for use in connection with winding up the affairs of “for use in connection with winding up the affairs of [his or her] ~~his~~
officeoffice,” for a period “not to exceed seven months from 30 days before the date of the expiration ” for a period “not to exceed seven months from 30 days before the date of the expiration
~~of his~~of [his or her] term of office.” term of office.”6465 In the event that the outgoing Vice President is becoming President, the In the event that the outgoing Vice President is becoming President, the
PTA limits the authorized expenditures in this area.PTA limits the authorized expenditures in this area.6566
Transition-Related Security Clearances
Appointees: The PTA recommends The PTA recommends ~~the President-elect~~that any apparent successful candidate for the office of President submit the “names of candidates for high submit the “names of candidates for high
level national security positions through the level of undersecretary of cabinet departments” to the level national security positions through the level of undersecretary of cabinet departments” to the
agency with national security clearance functions. It further recommends that this action be taken agency with national security clearance functions. It further recommends that this action be taken
as soon as possible after the presidential election, and it requires the responsible agency or as soon as possible after the presidential election, and it requires the responsible agency or
agencies to carry out background investigations of these candidates for high-level national agencies to carry out background investigations of these candidates for high-level national
security positions “as expeditiously as possible security positions “as expeditiously as possible ~~...~~ … before the date of the inauguration.”before the date of the inauguration.”66

~~62 3 U.S.C. §102 note; PT A, §3(g).~~
~~63 T hese activities are provided for in 3 U.S.C. §102 note; PT A, §3(a)(8)(A).~~
~~64 3 U.S.C. §102 note; PT A~~67 Transition team members: A separate transition-related provision of law that is not included in the PTA is worth noting here. The Intelligence Reform and Terrorism Prevention Act of 2004 includes a provision that facilitates pre-election security clearances for transition team members.68 This provision, which was amended by the Pre-Election Presidential Transition Act of 2010,69 allows each eligible candidate to submit, before the general election, security clearance requests for “prospective transition team members who will have a need for access to classified information” in the course of their work. The law directs that resulting investigations and eligibility determinations “to permit appropriate prospective transition team members to have access to classified information shall be completed, to the fullest extent practicable, by the day after the date of the general election.”70 64 These activities are provided for in 3 U.S.C. §102 note; PTA, §3(a)(8)(A). 65 3 U.S.C. §102 note; PTA, §5. Other provisions of law provide each former President with an annual lifetime pension, , §5. Other provisions of law provide each former President with an annual lifetime pension,
Secret Service protection, and staff and office allowances after the transition period expires. SeeSecret Service protection, and staff and office allowances after the transition period expires. See ~~CRS~~ CRS Report RL34631, Report RL34631,
~~Form er~~Former Presidents: Pensions, Office Allowances, and Other Federal Benefits~~, by Wendy Ginsberg.~~ . Other CRSOther CRS reports reports
related to departing Presidents includerelated to departing Presidents include ~~CRS~~ CRS Report R40238, Report R40238, The Presidential Records Act: Background and Recent
Issues for Congress~~, by Meghan M. Stuessy;~~ ; and CRSand CRS Report R41513, Report R41513, The Presidential Libraries Act and the
~~Establishm ent~~Establishment of Presidential Libraries~~, by Wendy Ginsberg, Erika K. Lunder, and Daniel J. Richardson .~~
65. 66 3 U.S.C. 3 U.S.C. §102 note; §102 note; ~~PT A~~PTA, §7(a)(2). The provision stipulates that “, §7(a)(2). The provision stipulates that “ not more than $1,500,000 may be appropriated for 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 the purposes of providing services and facilities to the former President and former Vice President ~~...,~~… except that any except that any
amount appropriated amount appropriated ~~...~~… in excess of $1,250,000 shall be returned to the general fund of the in excess of $1,250,000 shall be returned to the general fund of the ~~T reasury~~Treasury in the case where in the case where
the former Vice President is the incumbent President.” the former Vice President is the incumbent President.”
6667 3 U.S.C. 3 U.S.C. §102 note; §102 note; ~~PT A, §3(f).~~
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10

~~Presidential Transition Act: Provisions and Funding~~

Transition team members: A separate transition-related provision of law that is not included in
~~the PTA is worth noting here. The Intel igence Reform and Terrorism Prevention Act of 2004~~
~~includes a provision that facilitates pre-election security clearances for transition team members.67~~
~~This provision, which was amended by the Pre-Election Presidential Transition Act of 2010,68~~
~~al ows each eligible candidate to submit, before the general election, security clearance requests~~
~~for “prospective transition team members who wil have a need for access to classified~~
~~information” in the course of their work. The law directs that resulting investigations and~~
~~eligibility determinations “to permit appropriate prospective transition team members to have~~
~~access to classified information shal be completed, to the fullest extent practicable, by the day~~
~~after the date of the general election.”69~~PTA, §3(f). 68 P.L. 108-458, §7601; 118 Stat. 3638. 69 P.L. 111-283; 124 Stat. 3046. 70 50 U.S.C. §3342. Congressional Research Service 11 Presidential Transition Act: Provisions and Funding
Disclosure Requirements
The PTA requires The PTA requires ~~the President-elect and Vice President-elect~~each apparent successful candidate to disclose certain financial and to disclose certain financial and
personnel information as a condition for receiving services and funds under the act. They must personnel information as a condition for receiving services and funds under the act. They must
disclose to the Administrator “the date of contribution, source, amount, and expenditure thereof” disclose to the Administrator “the date of contribution, source, amount, and expenditure thereof”
~~of al~~ of all nonfederal funds (such as private contributions) received before or after the general nonfederal funds (such as private contributions) received before or after the general
~~election,~~election “for use in the preparation of the “for use in the preparation of the ~~President-elect or Vice-President-elect~~apparent successful candidate for the for the
assumption of assumption of ~~[their]~~ official duties.”official duties.”70 71 They must submit They must submit ~~a report~~reports with such disclosures to the with such disclosures to the
Administrator not later than 30 days after Administrator not later than 30 days after ~~inauguration; these~~inauguration. These disclosures are then to be released disclosures are then to be released
to the public by the Administrator. In addition, the PTA requires, as a condition for receiving to the public by the Administrator. In addition, the PTA requires, as a condition for receiving
services and funds, that services and funds, that ~~the President-elect and Vice-President-elect~~each apparent successful candidate “make available to the “make available to the
Administrator and the Comptroller General Administrator and the Comptroller General al all information concerning such contributions” as information concerning such contributions” as
may be required for “auditing both the public and private funding” used in PTA-authorized may be required for “auditing both the public and private funding” used in PTA-authorized
activities. activities.
As noted, the PTA also As noted, the PTA also ~~sets limitsations on~~limits the amount of individual transition-related donations as a condition for transition-related donations as a condition for
receiving services and funds under the act. Under these limitations, receiving services and funds under the act. Under these limitations, ~~the President-elect and Vice~~
~~President-elect “shal~~ each apparent successful candidate “shall not accept more than $5,000 from any person, organization, or other entity not accept more than $5,000 from any person, organization, or other entity
for the purposes of carrying out activities authorized by” the PTA.for the purposes of carrying out activities authorized by” the PTA.7172 The PTA also requires that The PTA also requires that
the incoming team disclose to the public (1) “the names and most recent employment of the incoming team disclose to the public (1) “the names and most recent employment of al
all transition personnel transition personnel ~~...~~… who are members of the who are members of the ~~President-elect or Vice-President-elect~~apparent successful candidate’s Federal ’s Federal
department or agency transition teamsdepartment or agency transition teams”;;” and (2) “information regarding the sources of funding and (2) “information regarding the sources of funding
which support the transition activities of each transition team member.” These disclosures, which which support the transition activities of each transition team member.” These disclosures, which
must be kept up to date, are to be completed before the team contacts applicable departments or must be kept up to date, are to be completed before the team contacts applicable departments or
~~agencies.72~~

~~67 P.L. 108-458; 118 Stat. 3638.~~
~~68 P.L. 111-283; 124 Stat. 3046.~~
~~69 50 U.S.C. §3342.~~
~~70 3 U.S.C. §102 note; PT A, §6(a).~~
~~71 3 U.S.C. §102 note; PT A, §6(c).~~
~~72 3 U.S.C. §102 note; PT A, §6(b).~~
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~~Presidential Transition Act: Provisions and Funding~~

agencies.73
Author Information

Henry B. Hogue Henry B. Hogue

Specialist in American National Government Specialist in American National Government

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71 3 U.S.C. §102 note; PTA, §6(a). 72 3 U.S.C. §102 note; PTA, §6(c). 73 3 U.S.C. §102 note; PTA, §6(b). Congressional Research Service Congressional Research Service
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