CRS Report for Congress
Presidential Transitions 1960-2001
Stephanie Smith
Analyst in American National Government
Government and Finance Division
November, 2000
| Summary |
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On Inauguration Day, January 20, 2001, when the newly-elected President takes the oath of office, the nation
will undergo its first formal transfer of presidential power since 1993. Aside from this symbolic transfer of power,
an orderly transition from the outgoing Administration to the incoming Administration is essential to ensure continuity
in the working affairs of government. Necessary funding for both the incoming and outgoing Administrations is authorized
by the Presidential Transition Act, as amended. The General Services Administration (GSA) is authorized to provide
suitable office space, staff compensation, communications services, and printing and postage costs associated with
the transition. For FY2001, GSA is authorized a total of $7.1 million for the upcoming transition: $1.83 million
for the outgoing Clinton Administration; $4.27 million for the incoming Administration; and $1 million for GSA
to provide additional assistance as required by the recently-enacted Presidential Transition Act of 2000.
Part I of this report discusses legislative
actions to enhance the transition process, each transition since 1960, and
general considerations for the presidential transition process. Part 11
contains the text of the major transition statutes. This report will be
updated to reflect developments in the 2000-2001 transition.
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Presidential Transitions 1960-2001
Part I. Presidential Transitions
Introduction
Since outgoing President George Washington first relinquished his office to incoming President John Adams in
1797, this peaceful transition, symbolizing both continuity and change, has demonstrated the "best of American
democracy to the world." 1 In reality, however, the activities
surrounding a presidential transition today begin shortly after the election, as the President-elect has fewer
than 11 weeks to formulate the new administration before taking the oath of office on January 20. A formal transition
process has been shown to be essential to ensure continuity in the conduct of the affairs of the executive branch,
as well as the rest of the federal government.
Before 1963, the primary source of funding for transition expenses was the political party organization of the
incoming President, and the efforts of volunteer staff. Realizing the importance of presidential transitions for
effective government, Congress first enacted the Presidential Transition Act of 1963 (PTA) to authorize Federal
funding and assistance for future incoming Administrations. 2
The Act was amended by Congress in 1976, to increase the authorization for a presidential transition to $3 million,
with $2 million available to the President-elect and VicePresident-elect and $1 million to the outgoing President
and Vice President. 3
In 1988, Congress enacted the Presidential Transitions Effectiveness Act to increase federal funding to $5 million
to support a change of Administrations. 4 Of this total, $3.5
million was authorized to be appropriated for services and facilities to the President-elect and Vice President-elect.
The outgoing President and Vice President were authorized $1.5 million in federal funds. A total of $250,000 would
be returned to the Treasury if the outgoing Vice President were subsequently elected President. These funds were
authorized to be increased in future transitions to accommodate inflation. The new legislation also amended the
PTA to require that private contributions and names of transition personnel be publicly disclosed.
In anticipation of the 2000-2001 transition, the 106th Congress recently enacted P.L. 106-293, the Presidential
Transition Act of 2000, which President Clinton signed on October 13, 2000. 5
It amends the PTA to authorize the General Services Administration (GSA) to provide additional support in the
orientation of the President-elect's newly-appointed senior staff.
Part I of this report discusses legislative actions to enhance the transition process, each transition since the
1960-1961 arrival of President John F. Kennedy, and general considerations for the presidential transition process.
Part II contains the text of the major transition statutes discussed in the report.
President's Commission
on Campaign Costs
Subsequent to the 1960 election, it was widely recognized that changes were needed in campaign finance practices.
Funding for presidential transition activities was among the issues discussed. Accordingly, on November 8, 1961,
President Kennedy established the President's Commission on Campaign Costs to make recommendations on "improved
ways of financing expenditures required of nominees for the offices of President and Vice President" as well
as other relevant costs associated with presidential campaigns. 6
Five months later, the 12-member bipartisan commission completed its final report, entitled Financing Presidential
Campaigns, which included a recommendation on presidential transitions. 7
The commission reported that the 1952-1953 transition for President Dwight D. Eisenhower cost a special Republican
committee more than $200,000, and the 1960-1961 transition for President Kennedy cost $360,000, funded by the Democratic
National Committee. Noting that such expenses created financial hardship for the political parties, especially
after an election, the commission recommended that funding for the President-elect and Vice President-elect should
not be the responsibility of a political party.
We endorse proposals to "institutionalize" the transition from one administration to
another when the party in power changes. Important reasons for doing so exist wholly aside from the costs to the
parties. The new President must select and assemble the staff to man his administration, and they in return must
prepare themselves for their new responsibilities. 8
The commission also recommended that the outgoing President be authorized to receive federally-funded facilities
and services to assist in the orderly transfer of executive power. 9
In a May 29, 1962 letter to Congress transmitting legislation to implement the commission's final recommendations,
President Kennedy stated:
Traditionally, the political parties have had to pay the costs of the Presidentelect and Vice
President-elect during the transition period between the election and the inauguration of a new Administration.
It is entirely desirable and appropriate that the Federal government provide funds for paying the reasonable and
necessary costs of installing a new Administration in office. 10
In addition to the importance of federal funding, President Kennedy stressed that an incoming President must
select "responsible public officials who must prepare themselves for their new responsibilities"during
the transition period.
The Presidential Transition Act of 1963
As recommended by the President's Commission on Campaign Costs, legislation was introduced during the 87th Congress
to provide federal financial support for presidential transitions. Although it was supported by President Kennedy,
there was no action on the bill. During the following Congress, H.R. 4638, the Presidential Transition Act of 1963
(PTA), was introduced on April 24, 1963 and was enacted on March 7, 1964 as Public Law 88-277. 11
The PTA authorized the Administrator of General Services to provide to the President-elect and Vice President-elect
office space, compensation to office staff, the detail of personnel on a reimbursable or non-reirnbursable basis
from federal agencies, the hiring of consultants, and travel expenses. It also authorized the provision of such
services to the outgoing President and Vice President, for a period not to exceed six months from the expiration
of their terms of office. The act authorized the appropriation of $900,000 for each presidential transition, but
did not specify how the amount was to be divided between the incoming and outgoing Administrations. However, the
legislative history indicated that the funds were to be divided equally. 12
Funding Under the Presidential Transition
Act
Even though the PTA was enacted in 1964, its provisions were not fully applied following President Johnson's reelection
in 1964, since he was already in office. Vice President-elect Hubert Humphrey spent approximately $72,000 in transition
expenses under the Act. 13
Johnson-Nixon Transition. The PTA was first fully implemented during the transition from the Administration
of President Johnson to that of President Richard Nixon in 1968-1969, when the transition funds were divided equally
between the two Administrations. The following year, the General Accounting Office (GAO) reviewed the operation
of the Act. GAO found that President Nixon incurred transition costs of $1.5 million, and it recommended that the
$900,000 limit be increased to better reflect actual transition expenses. 14
A 1982 GAO report stated that President-elect Nixon raised $1 million in private funds to supplement the $450,000
available to him under the Act. 15
President Johnson spent $370,276 of the $375,000 allocated to him under the PTA. 16
He also had the assistance of employees provided by federal agencies on a nonreimbursable basis. 17 Vice President Humphrey spent $75,000 to pay the salaries and expenses of his
staff and consultants. 18
Nixon-Ford Transition. In 1974, Vice President Gerald Ford faced a situation entirely different from that
of the first presidential transition covered by the PTA. Because of the resignation of President Nixon, Mr. Ford
was not a Presidentelect, and he received no funds under the Presidential Transition Act. 19
Due to the manner in which President Nixon left office, there was some debate as to whether he was entitled to
allowances and services as a former President. The Justice Department ruled that he was entitled to federal funds
as a former President, since he had not been removed by impeachment. 20
Funds are appropriated under the Presidential Transition Act only for presidential election years; therefore,
no funds were specifically available when President Nixon left office. On August 29, 1974, the Ford Administration
requested Congress to appropriate $450,000 to GSA for carrying out the provisions of the Act. The Supplemental
Appropriations Act of 1975 appropriated $ 100,000 to President Nixon under the Presidential Transition Act for
a period of six months ending February 9, 1975. 21 In addition,
most of the clerical and staff work was done by detailed employees provided by several federal agencies, on a nonreirnbursable
basis. 22
Ford-Carter Transition. Based on earlier GAO recommendations, the Presidential Transition Act was amended
by Congress in 1976, to increase the authorization for a presidential transition to $3 minion, with $2 million
available to the President elect and Vice President-elect and $1 million to the outgoing President and Vice President.
23 The Act also amended the earlier legislation to authorize
the detail of personnel, on a reimbursable basis only.
The increase in funding was first made available to President Ford and President Jimmy Carter in the 1976-1977
transition. The incoming Carter-Mondale Administration spent approximately $1.7 million of the $2 million made
available to it pursuant to the Act, without any reported private additional assistance. 24
Of the $1 million appropriated to the outgoing Ford Administration, President Ford was allocated $905,000, and
$95,000 went to Vice President Nelson Rockefeller. As of August 31, 1977, former President Ford had spent approximately
$635,000 of the total appropriation, but GAO found that an additional amount would be needed to pay for the use
of military aircraft. 25
At the end of the six-month transition period, Vice President Rockefeller had used $51,292 of the total funds available
to him under the PTA, as amended. 26
Carter-Reagan Transition. During the 1980-1981 transition, President Carter spent $672,659 for transition
purposes, and Vice President Walter Mondale used $188,867 of the $1 million available to the outgoing Carter Administration.
27
The incoming Administration of Ronald Reagan spent approximately $1.75 million of the $2 million in available transition
funds. Of this total, $63,378, went to Vice President-elect George H.W. Bush for personnel compensation and benefits.
28
A 1982 GAO review of the Reagan-Bush transition team's activities at six federal agencies found that approximately
$235,000 in transition-related expenses were charged to the agencies' general appropriations. According to GAO,
the most of the expenses were incurred for gathering and communicating information about agency operations to the
transition team. However, certain expenses were related to salaries for secretarial employees who were assigned
to the transition team on a nonreirnbursable basis and who worked at the team's direction on a full-time or nearly
full-time basis. Since the PTA authorized that agency employee details to the transition team be made on a reimbursable
basis only, GAO found that the transition team did not always follow correct procedures. 29
In addition to federal appropriations, funds for the Reagan transition were solicited from the public by the Presidential
Transition Foundation, Inc., a private corporation. GAO attempted to audit these funds, but was denied access to
the accounts and records by the foundation's legal counsel. According to GAO's report, the foundation stated that
it would be audited by a public accounting firm. GAO found that federal funds appropriated under the PTA were kept
separate from private funds donated to the foundation. 30 A
1988 Senate report stated that, based on Internal Revenue Service documents and Federal Election Commission reports:
... President-elect Reagan raised approximately $1.25 million for both his pre-election and post-election
transition activities in 1980. None of the sources or expenditures associated with the private cash were ever disclosed
to the public, creating the potential for hidden conflicts of interest. 31
Presidential Transitions Effectiveness Act
In anticipation of a new President being elected in the November 1988 general election, the 100th Congress began
consideration of legislation to provide increased federal funding for the 1988-1989 transition. After examining
the transition expenditures for previous incoming Presidents Carter and Reagan, the Senate Committee on Governmental
Affairs expressed concern that future incoming Presidents would have to raise private funds to finance their transitions
if the funding under the PTA were not increased. 32
Prior to the enactment of the PTA, and subsequently, many candidates had initiated transition activities and studies
before the election, in some cases before the convention. The conunittee affirmed that pre-election transition
planning is a legitimate cost of a presidential transition and concluded that such planning should be covered,
at least partially, by public funds. However, the Federal Elections Commission indicated that there were regulatory
prohibitions:
... it appears that, under current law and regulations, the FEC would find that federal campaign
funds-as opposed to segregated private donations-are not available for transition funding during a campaign. Furthermore,
we are aware of no FEC reporting or disclosure requirements applicable to private transition funds. 33
As reported, the Senate bill provided for limited public funding of pre-election transition planning. Those
provisions were not enacted. It continues to be the practice that all pre-election transition planning is privately
financed.
As a result of these deliberations, Congress enacted the Presidential Transitions Effectiveness Act to increase
federal funding for presidential transitions and to amend the 1964 legislation to require that private contributions
and names of transition personnel be publicly disclosed (see Part Il for complete text). 34
The act authorized $3.5 million to be appropriated for the funding of services and facilities to the President-elect
and Vice President-elect. The outgoing President and Vice President were authorized $1.5 million in federal funds.
In the event the outgoing Vice President were subsequently elected President, the new Administration would receive
only $1.25 million in assistance. For future transitions, these figures were to be increased by an inflation-adjusted
amount, based on actual costs of transition expenses and services of the most recent presidential transition.
In addition to funding provisions, the new legislation amended the PTA to require that private contributions and
names of transition personnel be publicly disclosed. As a condition for receiving federal ftinding and services,
the Presidentelect and Vice President-elect must formally disclose the date, source, and amount of all privately-
contributed funds for the transition, with a maximum contribution of $5,000 allowed from any person or organization.
These written disclosures must be made to GSA within 30 days after the January 20 inauguration. The President-elect
must also disclose information about transition team members before initial contact with a federal department or
agency. The Act also limits any temporary appointment to an executive branch vacancy to 120 days, unless a nomination
has been submitted to the Senate.
Funding Under the Presidential Transitions
Effectiveness Act
As authorized by the Act, the funding for an incoming Administration is available from the day following the general
elections until 30 days after the inauguration. For the outgoing President and Vice President, transition funding
was extended from six to seven months, beginning one month before the inauguration, to facilitate their relocation
to private life. Separate legislation also provides former Presidents an annual lifetime pension and staff and
office allowances after the transition period expires, as well as Secret Service protection. 35
The increase in funding under the Presidential Transitions Effectiveness Act was first made available during the
1988-1989 transition of outgoing President Reagan and his successor, George Bush.
President Reagan used $697,034 of the $1.25 million available to him under the Act as the outgoing President. 36 Outgoing Vice President Bush was authorized $250,000 for expenses related
to his transition from that office. The $250,000 was transferred to the Federal Election Commission. 37 Incoming President Bush and Vice President Dan Quayle spent $2.3 million
of the $3.5 million authorized under the PTA, as amended, and transferred $1 million to the Government of the District
of Columbia for inaugural expenses. 38
For the 1992-1993 presidential transition, $3.5 million was appropriated to GSA for the incoming Administration
of President Clinton and Vice President Albert Gore Jr., and $1.5 million for the outgoing Administration of President
Bush and Vice President Quayle. 39 Of this total, the Bush
Administration determined that $1.25 million would be made available to President Bush, with the remaining $250,000
to be used by Vice President Quayle. During his transition period, President Bush used $907,939, with an unobligated
balance of $342,061. Vice President Quayle used $244,192 for transition expenses, with an unobligated balance of
$5,808. President Clinton and Vice President Gore jointly spent $3,485,000, with an unobligated balance of $15,000.
For FY1997, $5.6 million was authorized in the event of a presidential transition in January 1997, which did not
occur. 40
For FY2001, GSA requested a total of $7.1 million for the upcoming presidential transition. Of this total, $1.83
million is budgeted for the outgoing Clinton Administration, with $305,000 to be returned to the Treasury if Vice
President Albert Gore is elected President; $4.27 million is requested for the incoming Administration. GSA requested
an additional $1 million to fund its new responsibilities under the Presidential Transition Act of 2000. On October
12, 2000, the Senate gave final approval to the conference agreement that would have funded this account at $7.1
million in the FY2001 Treasury, Postal Service, and General Government Appropriations Act. 41 On October 30, President Clinton vetoed
the legislation. On November 3, 2000, President Clinton signed the measure
that funds the 2000-2001 transition at the requested levels. 42
Presidential Transition Act of 2000
While the PTA, as amended, has
authorized federal funds and facilities to ensure smooth transitions in the
past, no formalized attention was given to orientation of a President-elect's
newly-appointed senior staff. In anticipation of the upcoming 2000-2001
transition, the 106' Congress enacted P.L. 106-293, the Presidential
Transition Act of 2000, which President Clinton signed on October 13, 2000. It
amends the PTA to authorize GSA to provide additional support during the
upcoming 2000-2001 transition period. Most importantly, GSA will coordinate
the development and presentation of orientation sessions for the
President-elect's nominees for cabinet and high-level executive branch
positions. Prior to the election on November 7, GSA was authorized to consult
with presidential candidates in order to begin development of a computer and
communications system for use during the transition period. In conjunction
with the National Archives and Records Administration (NARA), GSA is also
required to create a transition directory, composed of federal publications
and materials pertaining to the statutory and administrative functions of each
federal department and agency. A fourth major provision requires the Office of
Government Ethics to prepare a report on needed improvements to the financial
disclosure process currently required for presidential nominees.
Passage of the Presidential
Transition Act of 2000 was intended to allow the President-elect and his
appointees to "hit the ground running" as they take office on January 20, and
increase their effectiveness during the crucial first year in office. In
mid-November, as this report was being prepared, it was still unclear whether
the inauguration summarizing the outcome of the 2000 presidential election
would have a significant impact on the transition. According to presidential
scholar Dwight Ink, key provisions of the new legislation pertaining to 'a
formal orientation process between political appointees and career federal
employees could lead to better working relationships during the next four
years. 43
Online
Resources
- The Office of Personnel Management (OPM) maintains
an online transition employment guide pertaining to departing employees,
newly appointed employees, and the career service [http://www.opm.gov/transition/].
- The Brookings Institution has established the
"Presidential Appointee Initiative," funded by a grant from the Pew
Charitable Trusts, to assist newly-appointed officials during the transition
period [http://www.appointee.brookings.org].
- The Senate Committee on Governmental Affairs
provides a range of transition issues and policies [http://www.senate.gov/~gov_affairs/transitions/pta_].
- The Council for Excellence in Government provides
online transcripts of former government officials discussing the transition
candidates must make from campaigning to governing [http://www.excelgov.org/].
Additional sites will be
available as the transition period begins.
Activities of Past
Presidential Transitions
Before the Eisenhower/Kennedy transition in 1961-1962 and
the subsequent enactment of the Presidential Transition Act of 1963,
communications between incoming and outgoing Administrations were usually
limited, especially when the President and President-elect were of different
political parties and had been recent campaign opponents. It was generally
expected that the President-elect would remain away from Washington until
Inauguration Day. Formal communications were conducted concerning the
inaugural ceremonies and the occupancy of the White House, but with virtually
no discussion of substantive issues. The new cabinet of the incoming
Administration was generally not selected until shortly before Inauguration
Day; therefore, meetings between incoming and outgoing cabinet members were
not common. 44
President Harry Truman, who had
been thrust into the Presidency in 1945 following President Franklin D.
Roosevelt's sudden death, helped to establish the tradition that an outgoing
President should actively facilitate the transition of power to an incoming
President. Following the election on November 5, 1952, President Truman sent a
telegram to President-elect Dwight D. Eisenhower, inviting him to a meeting in
the White House "to discuss the problems of this transition period, so that it
may be made clear to all the world that this Nation is united in its struggle
for freedom and peace". 45 President Truman
also required each of the executive branch agencies to report to him on what
was being done to facilitate the transition. 46
In spite of the serious responsibilities involved, only
within the past 30 years, since the enactment of the PTA have the problems
associated with the transition of power received much systematic attention.
Eisenhower-Kennedy
Transition
Following his election in 1960, President Kennedy entered
the White House well-briefed for his assumption of responsibility. While still
a candidate, Senator Kennedy commissioned various documents on the transition
process and post-election issues. 47
Numerous authors and historians credit President-elect
Kennedy's preparation for transition to office in 1960-1961 as being
unprecedented in the history of presidential transitions. A 1960 review of
past presidential transitions by the Congressional Quarterly reported
that:
John F. Kennedy
made an important innovation in American Presidential transitions through
his appointment of 29 task forces which were asked to report to him on a
wide variety of domestic and foreign policy problems in the period
immediately preceding and following his inauguration.
... [While other
Presidents-elect sometimes asked individual political associates or small
groups of experts to brief them on limited phases of public policy, there is
no precedent for the large number of task forces, some with wide
memberships, which submitted detailed policy briefings to Kennedy near the
time of his inauguration. 48
Senator Kennedy's use of task forces began soon after
his July 1960 Democratic presidential nomination, when he recognized that, if
elected President, he would need policy-making advice to address the critical
issues that would face him immediately upon taking office. Senator Kennedy
asked two of his former opponents for the Democratic presidential nomination,
Governor Adlai Stevenson and Senator Stuart Symington, to head the first two
task forces on foreign policy and national defense issues. Senator Kennedy,
before election day, appointed five additional task forces pertaining to
foreign affairs, natural resources, domestic agriculture, and the overseas
food program. The creation of these task forces served to highlight his
interest in diverse issues, while at the same time using the expertise of
former political opponents to demonstrate their support of Senator Kennedy's
candidacy. 49
All of the task force members were volunteers who
received no compensation. One task force project was funded by a foundation
grant of $20,000. As stated earlier, the Democratic National Committee paid
$350,000 of Kennedy's administrative expenses for the transition. 50
Immediately following the election, President-elect
Kennedy, with the assistance of Theodore Sorensen as counsel-designate to the
President, made a detailed listing of which task forces to appoint, with a
deadline for submission of a final report. By his inauguration, President
Kennedy had appointed 29 task forces, equally divided between foreign and
domestic policy. Of this total, 24 task forces had already submitted final
reports that contained precise recommendations. According to the Congressional
Quarterly, approximately one person from each task force was to be appointed
to a high level position within the new Administration. 51
Washington, D.C. attorney Clark Clifford was appointed to
be in charge of transition period relations with the outgoing Eisenhower
Administration. When notified of an upcoming January 6, 1961 meeting between
President-elect Kennedy and President Eisenhower, Mr. Clifford was able to
present an extensive background briefing and report to Mr. Kennedy based on
the task force position papers. 52
Johnson-Nixon Transition
It was during the 1968-1969
transition that the Presidential Transition Act was first used for both
incoming and outgoing Administrations. As an incumbent President not running
for re-election, President Johnson became the first President to invite the
presidential candidates and their staff to plan for the transition before the
November election. 53
Richard M. Nixon began planning
for an efficient transition following his nomination at the Republican
National Convention in July 1968. Franklin Lincoln, Jr., an attorney and
former Defense Department official, was appointed as Mr. Nixon's
representative on transition matters. Mr. Nixon made use of reports of past
presidential transition efforts, and made lists of early decisions that would
need to be made if he were elected to office. Following his November 1968
election, Presidentelect Nixon created approximately 30 task forces to prepare
recommendations on issues pertaining to housing, education, tax policy,
transportation, foreign aid, and job training. 54
By the end of November 1968, President-elect Nixon had
selected his first high level appointees who would be responsible for
implementing policies for his Administration. In December 1968, he met with
Republican leaders to discuss his future legislative agenda. The selection of
the Nixon cabinet was a long process, in which the President-elect spent six
weeks studying various alternatives. 55
Nixon-Ford Transition
The unprecedented series of
events culminating in President Nixon's resignation from office complicated
the process of transition for Vice President Ford in 1974. Transition plans
were initiated by Vice President Ford's close friend and former law partner
Philip Buchen, who had concluded that events might force an untimely end to
the Nixon Administration. According to published sources, Mr. Buchen conducted
several meetings to discuss details for the change of Administrations in the
event of resignation or impeachment. Assisting in the transition planning were
Nixon adviser Clay Whitehead, Governor William Scranton, Senator Robert
Griffin, Representative John Byrnes, former Nixon aide Bryce Harlow, and
William Whyte of U.S. Steel.
One day before his formal resignation announcement to the
public on August 9, 1974, President Nixon informed Vice President Ford of his
intention to resign. The same day, Mr. Ford's transition planners began
preparing formal documents with policy alternatives that President Ford would
have to consider immediately upon taking office. The morning of Mr. Ford's
swearing-in as President, advisers met at the Ford residence to brief him on
their transition documents. 56
Upon assuming the presidency, President Ford asked all.
members of former President Nixon's cabinet and the heads of all federal
agencies to remain in his Administration for continuity and stability. 57 By December 1974, the cabinet members
and numerous high-ranking aides submitted their resignations to the President.
During this period, President Ford came under criticism for the allegedly slow
pace at which he had replaced Nixon appointees and selected their successors.
In response, Mr. Ford stated that he had become President under sudden and
difficult circumstances, without the usual time to plan a transition to power.
58
Ford-Carter Transition
Before the 1976 election, the
subject of Presidential transition was not publicly discussed by the Jimmy
Carter campaign, reportedly because of what one Carter aide described as "the
implied presumptuousness" of such considerations. 59 However, the actual planning for a
Carter Administration began after the April 27, 1976 Pennsylvania primary,
which Governor Carter considered the turning point in his achieving the
Democratic nomination. According to press reports, while Jack Watson was still
serving as Georgia finance chairman for the Carter campaign, he began drafting
a detailed transition document with timetables and work-flow charts. The
transition planning took place in Atlanta, Georgia, under the auspices of the
"Carter-Mondale Policy Committee," in keeping with the low-profile approach
said to be preferred by Governor Carter. 60
Members of the Carter transition staff were lawyers,
academicians, and government officials recruited by Jack Watson. The staff
included: Harrison Wellford, a former congressional staff member; Larry
Bailey, staff assistant to the U.S. Conference of Mayors; Sharleen Hirsch, an
educational administrator; and Jule Sugarman, a public administrator. Staff
members were assigned to task forces in the areas of community and human
development, government organization, international security, economic policy,
natural resources, and government regulation. The transition staff sought the
advice of several persons with established expertise in transition planning,
such as Clark Clifford, who worked on the Kennedy transition. 61
On November 2, 1976, President Ford lost the election to
Governor Carter, and the following day offered his "complete and whole-hearted
support" in the transition to a new national leadership. President-elect
Carter responded that he and Vice President-elect Mondale would take full
advantage of this offer of close cooperation before Inauguration Day. Mr. Ford
designated presidential counselor John Marsh, Jr. as his transition liaison
with Mr. Carter's transition representative, Jack Watson. 62
On the day of his election, Mr. Carter received 50
transition papers with major policy initiatives pertaining to welfare reform,
energy development and conservation, government reorganization, cabinet
appointments, and budget reform.
A month after the election, Mr. Carter named his first
cabinet nominees and directed his attention to the staffing of the
approximately 200 top positions in his Administration. 63 He also announced that he would limit
his time spent in Washington during the transition because he did not wish to
act as if he were already President. Mr. Carter stated that Vice
President-elect Mondale was in Washington and that "he is me as far as
Washington is concerned." 64
On November 22, 1976, President Ford and President-elect
Carter met for an hour in the White House. The President-elect also met with
the Director of the Office of Management and Budget (OMB), the Secretaries of
Defense and Health, Education, and Welfare, and the Chairman of the Federal
Reserve Board of Governors.
Carter-Reagan Transition
As early as April 1980, Ronald
Reagan began planning for a possible presidential transition when he met with
a group of defense and foreign policy advisers before the Republican
convention. The advisers were asked to prepare specific policy and budget
recommendations for use in the first months of a Reagan Administration to
enable him to begin work immediately after the inauguration. Coordinated by
William Graham, an engineer with a California defense consulting firm, the
experts included former Secretary of State Henry Kissinger, former President
Ford, former White House chief of staff Alexander Haig, Senators John Tower
and Richard Stone, Governor Bill Clements, former Cabinet member Casper
Weinberger, and former Ambassador Anne Armstrong. 65
Following the Republican convention in July 1980, nearly
300 advisers were asked by Mr. Reagan to serve on 23 task forces to prepare
reports due before Inauguration Day on economic and domestic issues. 66
Ronald Reagan was elected the 40th President of the
United States on November 4, 1980. President Carter pledged in his concession
speech "a very fine transition period, the best in history," and asked the
country "to unite behind the President-elec. 67 On November 6, 1980, the
President-elect named his formal transition team, a job he described as
"translating campaign promises into reality." He named his campaign director,
William Casey, to be chairperson of the transition executive committee, and
campaign co-chairperson Anne Armstrong as vice chairperson. A personnel office
was established under the leadership of E. Pendleton James to select people to
fill approximately 2,700 top-level federal jobs. 68
In November 1980, President-elect Reagan announced an
executive branch transition organization consisting of five working groups
responsible for the transfer of power. Under the direction of William Timmons,
deputy director of transition, the working units coordinated transition
efforts of various cabinet departments and other executive agencies. Each
cabinet department was assigned a specific team leader to oversee the
transition. Mr. Reagan also named a 14-member Economic Policy Coordinating
Committee that included many high ranking officials from the Nixon and Ford
Administrations.
President-elect Reagan said publicly that he did not
intend to preempt the powers that belonged to President Carter until
Inauguration Day 1981. 69 Mr. Carter's
transition representative, Jack Watson, informed the Reagan group that the
outgoing President intended to defer major policy decisions for the incoming
Administration. 70 President-elect
Reagan and his wife met with President Carter and his wife late in November
1980.
Reagan-Bush
Transition
On
November 8, 1988, George H.W. Bush became the 41st President, the first
incumbent Vice President to be elected since Martin Van Buren in 1836. The
following day, President-elect Bush announced the appointment of Craig Fuller,
his former chief of staff, and Robert Teeter, his campaign strategist, as
co-directors of the Bush transition effort. In addition, he named his longtime
friend James Baker as an adviser on "key aspects" of the transition, and
announced his intention to nominate Mr. Baker for Secretary of State. Mr. Bush
stated that he wanted a "somewhat leaner" transition organization than was
used in 1980. He also indicated that he would not seek to preempt President
Reagan's authority during the transition period or "unduly influence decisions
that are properly the President's." 71
In mid-November 1988, President-elect Bush's transition
office opened in Washington, D.C. Soon after, the Heritage Foundation
delivered 2,500 resumes of persons recommended for jobs in the Bush
Administration. 72 Mr. Bush proposed
additional cabinet appointments on November 21, 1988, which included two from
President Reagan's cabinet, Attorney General Richard Thornburgh and Education
Secretary Lauro Cavazos. 73
The smooth transition between
the Reagan and Bush Administrations was further demonstrated on November 22,
1988, when White House Chief of Staff Kenneth Duberstein requested cabinet
members and agency heads to provide information to the transition team on
organizational matters, goals, and functions, resource descriptions,
congressional oversight committees, regulatory programs, and other important
issues relevant to each agency. 74 By the end of November 1988, most of
the executive branch agencies had designated internal transition leaders to
assist in an orderly transition with President-elect Bush's transition
liaisons. Mr. Duberstein stated that the transition effort greatly benefited
from the eight year partnership of President Reagan and President-elect Bush,
and that "their philosophical compatibility cannot be underrated." 75
Bush-Clinton Transition
Following the August 1992
nomination of William Clinton at the Democratic National Convention, several
of his closest aides began working on a transition document to prepare for a
possible change of Administrations following the November election. Headed by
Clinton campaign manager Mickey Kantor, the working group was known as the
Clinton-Gore Pre-Transition Planning Foundation, and included former Mayor
Henry Cisneros, attorney Warren Christopher, former Governor Madeleine Kunin,
and attorney Vernon Jordan. Governor Clinton's pretransition team was
headquartered in Little Rock, Arkansas. The team collected information on past
presidential transitions and prepared a series of transition briefing books
dealing with policy issues and proposed presidential agendas. 76
In his concession speech following the election on
November 3, 1992, President Bush stated that "our entire administration will
work closely with his [Clinton's] team to ensure the smooth transition of
power." 77 At a November 5 cabinet meeting,
President Bush stated that his top aides would cooperate with the Clinton
transition team:
It's very
important that we not be begrudging during the transition.... Let us all
finish the job with the same class with which we served. 78
It was later announced that Department of
Transportation Secretary Andrew Card Jr. would head President Bush's
transition team. In a radio address, President Bush stated that he would
return to Texas after the inauguration, where he intended to retire from
politics, and to "rededicate" himself to helping others. 79
President-elect Clinton remained in Little Rock following
the election, to read transition reports and to meet with top advisers. His
key transition appointments were not immediately announced, and press reports
indicated that there was a dispute among his aides over who should lead the
Clinton transition effort. 80 On November 6, 1992, it was announced
that Vernon Jordan and Warren Christopher would head the Clinton transition
team. It was also reported that Mr. Clinton would choose his cabinet officers
in an orderly process, and that a "stringent set of ethics rules" would be
used in the selection process. 81
General Considerations
Each presidential transition is
unique and brings with it the conditions and circumstances facing a particular
President-elect that will help shape and influence his Administration. Despite
the influence of unique circumstances, observers have identified a number of
generally important transition issues based on past transition experiences.
Adequate
Funding. Since enactment of the Presidential Transition Act of 1963,
Presidents-elect have assembled extensive staffs and organizations to conduct
their transitions. In the past, discussions of presidential transitions have
often focused on the importance of adequate federal funding, culminating with
the Reagan transition, when $1.25 million in private funds was raised by the
Reagan Transition Foundation to meet additional transition expenses. Enactment
of the Presidential Transitions Effectiveness Act in 1988 recognized this
issue by increasing the total amount authorized for a presidential transition
to $5 million. The legislation also authorized future transition funding to be
increased by an inflation adjusted amount. For the 2000-2001 presidential
transition, a total of $6.1 million has been appropriated for both the
incoming and outgoing Administrations. An additional $1 million is available
for GSA to implement its new transition responsibilities under the
Presidential Transition Act of 2000. 82
Pre-election Planning. The
adequacy of federal funding, while a major consideration, is but one factor
involved in determining the success of a presidential transition. A review of
the literature on presidential transitions indicates that another major
concern pertains to time, or a lack of it, in completing everything that needs
to be accomplished by a President-elect in the 1 1-week period between an
election and an inauguration. A transition period that begins swiftly and
smoothly can help to determine how successful a presidency will be. The
expression "to hit the ground running" is frequently used to describe the goal
of past transition teams to make their imprint quickly on a new presidential
agenda. 83
During its consideration of the Presidential Transition
Effectiveness Act, the Senate Committee on Governmental Affairs reported that
there was:
... near-unanimous
agreement among past transition officials that a President-elect must
undertake at least some advance planning during the general election
campaign. A President-elect cannot wait until the morning after the election
to start planning for the transition. In order for the President-elect to
"hit the ground running," the candidate must lay the administrative
groundwork before the campaign is over. 84
Based on hearing testimony by representatives of the
Harvard University Public/Private Careers Project, the committee found that
such "pre-election transition planning may now be essential for ensuring
post-election success." 85
A decade later, the 106th
Congress enacted the Presidential Transition Act of 2000, to authorize a
formal orientation process between incoming political appointees and career
federal employees. A July 18, 2000 report prepared by the Senate on
Governmental Affairs Committee stated that "timely orientations to new
appointees" were "virtually non-existent" during past transition periods.
According to the committee, enactment of the new legislation was essential to
avoid "Missteps and outright errors made by newly appointed officials at
executive branch agencies and in the White House." 86
Organizational Decisions
The day after the election, a
President-elect and his staff normally must "shift gears" from winning the
election to planning a successful transition. According to a 2000 Heritage
Foundation project on the presidency, one of the most difficult tasks facing
an incoming President is the merging of the campaign staffs and the
newlyformed transition teams. 87 Elated by a winning campaign and a
mandate for change by the electorate, a President-elect faces the transition
period with great expectations. During the transition, the new Administration
must act on campaign promises and quickly develop an administrative and
legislative program. Author John Burke writes that the incoming Reagan
Administration emphasized coordination between the transition team and the
campaign staff to deflect the "rivalries and tensions" that had reportedly
occurred during the previous transition of incoming President Carter. 88
Crucial organizational decisions must be made as soon as
possible on issues that will ultimately affect how well the new Administration
succeeds. The Presidentelect and his staff must first make decisions related
to key personnel appointments, and establish liaison with the representatives
of the federal departments and agencies to ensure a smooth transition.
Management and organizational issues should be resolved during the transition,
so that substantive policy matters can be addressed on inauguration day. 89
Incoming President George Bush, for example, had an
obvious advantage during his well-organized 1988 transition, in that he was
taking office as an incumbent Vice President. The day after his election, he
immediately announced his transition team and several key staff appointments.
His transition clearly benefited from the "good auspices" of former President
Reagan because advice and information were "quickly conveyed, giving members
of the transition both an easy start and a head start." In addition,
President-elect Bush was able to select quickly his cabinet and executive
appointees from many experienced executive branch officials. 90
In a 1988 report on the Presidency and transitions, the
National Academy of Public Administration stated that:
The initial
decisions that a president makes when organizing the White House,
determining its structure and functional responsibilities, and establishing
patterns of interaction between it and other executive branch agencies will
affect how these needs are met, and ultimately, how well a presidency works.
Naturally, this will affect the achievement of policy objectives. 91
Continuity of the
Federal Government
A leadership void can occur during the transition period
when the outgoing Administration has constitutional authority but diminished
influence, and the President-elect has much influence but no authority. This
is sometimes referred to as a "lame duck" Administration. A 1990 University of
Virginia conference on presidential transitions found that, while the
incumbent Administration was often intent on having a continued impact on
public and foreign policy, "the mere existence of a president-elect and his
developing Administration interferes with this effort." 92 A 1988 report by Editorial Research
Reports discussed the "dangers associated with presidential transitions," both
domestically and internationally, during the transition period. After the
inauguration, difficult situations can also arise when a new and untested
administration faces a sudden crisis or emergency. 93
The day following his election, President-elect Clinton
made a statement, asking foreign governments to continue recognizing President
Bush as the "sole voice of U.S. policy." He also warned that "the greatest
mistake any adversary could make would be to doubt America's resolve during
this period of transition." 94
Ideally, a President-elect who has been adequately
briefed on policy issues by his transition teams during the weeks following
the election will be better prepared to make crucial decisions upon entering
office:
Continuity of the
federal government and responsiveness to the new political leadership are
hallmark objectives of the traditional transition process. While
incorporating these objectives, the extended transition process has been
refined to perform the functions of policy making, advice-giving and
personnel selection simultaneously. The new administration must concentrate
upon policy programs that are immediately relevant to show effectiveness on
and immediately following January 20." 95
Setting Priorities in the New Administration
A President-elect has
11 weeks to become informed in detail about the operations of the Federal
Government before his Inauguration on January 20. The "mechanics" of managing
a transition-the tasks, deadlines, personnel decisions, budget and
administrative procedures-generally occupy the initial phase of the transition
process. 96
However, the President-elect must also begin to focus on
making substantive decisions on policy issues. Campaign promises are reviewed
to form a policy agenda. Soon after taking office, the new President must
prepare a legislative agenda to present to Congress.
The importance of the transition
process cannot be underestimated in determining the ultimate success of an
Administration. At least two authors advocate an "extended" transition that
begins several months before the election and extends through at least the
first session of Congress. If a President-elect has successfully focused on a
"short list" of priorities or objectives that he wants to accomplish, he can
dominate policyrnaking to achieve his goals during the honeymoon period that
normally follows a election. By concentrating on a few key issues soon after
taking office, many observers believe the President-elect can establish a
public perception that he is in command of an aggressive policy agenda.
Back to Top
Part II: Text of Presidential Transition Statutes
Presidential Transition
Act of 2000:
P.L. 106-293, October 13,
2000
AN ACT
To provide for the
training or orientation of individuals, during a Presidential transition, who
the President intends to appoint to certain key positions, to provide for a
study and report on improving the financial disclosure process for certain
Presidential nominees, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States ofAmerica in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be
cited as the "Presidential Transition Act of 2000".
SEC. 2. AMENDMENTS TO
PRESIDENTIAL TRANSITION ACT OF1963.
Section 3(a) of the Presidential Transition Act of 1963
(3 U.S.C. 102 note) is amended --
(1) in the matter
preceding paragraph (1) by striking including-- and inserting including the
following:
(2) in each of paragraphs (1) through (6)
by striking the semicolon at the end and inserting a period; and
(3) by adding at the end the following:
(8)(A)(i) Not
withstanding subsection (b), payment of expenses during the transition for
briefings, workshops, or other activities to acquaint key prospective
Presidential appointees with the types of problems and challenges that most
typically confront new political appointees whed they make the transition from
campaign and other prior activities to assuming the responsibility for
governance after inauguration.
(ii) Activities
under this paragraph may include interchange between such appointees and
individuals who--
(I) held similar
leadership roles in prior administrations;
(II) are
department or agency experts from the Officeof Management and Budget or an
Office of Inspector General of a department or agency; or
(III) are relevant staff from the General Accounting
Office.
(iii) Activities
under this paragraph may include training or orientation in records management
to comply with section 2203 of title 44, United States Code, including
training on the separation of Presidential records and personal records to
comply with subsection (b) of that section.
(iv)
Activities under this paragraph may include training or orientation in human
resources management and performance-based management. (B) Activities under
this paragraph shall be conducted primarily for individuals the
President-elect intends to nominate as department heads or appoint to key
positions in the Executive Office of the President.
(9)(A) Notwithstanding
subsection (b), development of a transition directory by the Administrator of
General Services Administration, in consultation with the Archivist of the
United States (head of the National Archives and Records Administration) for
activities conducted under paragraph (8).
(B) The transition directory shall be a
compilation of Federal publications and materials with supplementary materials
developed by the Administrator that provides information on the officers,
organization, and statutory and administrative authorities, functions, duties,
responsibilities, and mission of each department and agency. (10)(A)
Notwithstanding subsection (b), consultation by the Administrator with any
candidate for President or Vice President to develop a systems architecture
plan for the computer and communications systems of the candidate to
coordinate a transition to Federal systems, if the candidate is elected.
(B) Consultations under this paragraph shall be conducted
at the discretion of the Administrator.
SEC. 3. REPORT ON IMPROVING THE FINANCIAL DISCLOSURE
PROCESS FOR PRESIDENTIAL NOMINEES.
(a) In General- Not
later than 6 months after the date of the enactment of this Act, the Office of
Government Ethics shall conduct a study and submit a report on improvements to
the financial disclosure process for Presidential nominees required to file
reports under section 101(b) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) to the Committee on Governmental Affairs of the Senate and the Committee
on Government Reform of the House of Representatives.
(b) Content of Report
(1) In general- The report under this section shall
include recommendations and legislative proposals on--
(A) streamlining, standardizing,
and coordinating the financial disclosure process and the requirements of
financial disclosure reports under the Ethics in Government Act of 1978 (5
U.S.C. App.) for Presidential nominees;
(B) avoiding
duplication of effort and reducing the burden of filing with respect to
financial disclosure of information to the White House Office, the Office of
Government Ethics, and the Senate; and
(C) any other
relevant matter the Office of Government Ethics determines appropriate.
(2) Limitation relating to conflicts of interest- The
recommendations and proposals under this subsection shall not (if implemented)
have the effect of lessening substantive compliance with any conflict of
interest requirement.
(c)
Authorization of Appropriations- There are authorized to be appropriated such
sums as may be necessary to carry out this section.
Speaker of the House
of Representatives.
Vice President of the United
States and
President of the Senate.
References:
H.R. 4931 (and S.2705), 106th Congress
S. Rept 106-348, from the Committee on Governmental
Affairs
7/24/2000: Referred
to the House Committee on Government Reform.
7/31/2000: Referred to the Subcommittee on Government
Management, Information and Technology. 9/13/2000: Committee on Government
Reform discharged.
9/13/2000: Mr. Horn asked
unanimous consent to discharge from committee and consider.
9/13/2000: Considered by unanimous consent.
9/13/2000: On passage Passed without objection.
9/13/2000: Motion to reconsider laid on the table Agreed
to without objection.
9/19/2000: Received in the
Senate. Read twice. Placed on Senate Legislative Calendar under General
Orders. Calendar No. 812.
9/28/2000: Passed Senate
without amendment by Unanimous Consent.
9/28/2000:
Cleared for White House.
9/29/2000: Message on Senate
action sent to the House. 10/3/2000: Presented to President. 10/12/2000:
Signed by President.
10/12/2000: Became Public Law
No: 106-293.
Back to Top
Presidential Transitions Effectiveness Act:
P.L. 100-398, August 17,
1988; 102 Stat. 985
AN
ACT
To amend the Presidential Transition Act of 1963 to
Provide for a more orderly transfer of executive power in connection with the
expiration of the term of office of a President
Be it enacted by the Senate and House of Representatives
of the United States Of America in Congress assembled,
SECTION 1. SHORT TITLE
This
Act may be cited as the "Presidential Transitions Effectiveness Act".
SEC 2. PRESIDENTIAL
TRANSITION AUTHORIZATIONS
(a) AMENDMENT-
Section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended
(1)by redesignating
such section as section 6;
(2)by inserting before such
section the following heading:
AUTHORIZATION OF
APPROPRIATIONS
(3)by inserting
"(a)" after the section designation;
(4)in
paragraph (1), by striking out "$2,000,000" and inserting in lieu thereof
"$3,500,000";
(5)in paragraph (2), by striking out
"$1,000,000" and inserting in lieu thereof "$1,500,000"
(6)in paragraph (2), by inserting before the period
at the end thereof the following: except that any amount appropriated
pursuant to this paragraph in excess of $1,250,000 shall be returned to
the general fund of the Treasury in the case where the former Vice
President is the incumbent President"; and
(7) by
adding at the end thereof the following new subsection: "(b) The amounts
authorized to be appropriated under subsection (a) shall be increased b 'y
an inflation adjusted amount, based on increases in the cost of transition
services and expenses which have occurred in the years following the most
recent Presidential transition, and shall be included in the proposed
appropriation transmitted by the President under the last sentence of
subsection (a)."
(b) EFFECTIVE DATE- The
amendments made by subsection (a) of this section shall be effective upon
enactment, except that the amendment made by paragraph (7) of such
subsection shall take effect on October 1,
1989.
SEC. 3. PRESIDENTIAL TRANSITION FINANCING AND
PERSONNEL.
The Presidential Transition Act
of 1963 (3 U.S.C. 102 note) is further amended by inserting after section 4
the following new section:
DISCLOSURES OF FINANCING
AND PERSONNEL LIMITATION ON
ACCEPTANCE OF
DONATIONS
SEC. 5. (a)(1) The President-elect and
Vice-President-elect (as a condition for receiving services under section 3
and for funds pro-vided under section 6(a)(1)) shall disclose to the
Administrator the date of contribution, source, amount, and expenditure
thereof of all money, other than funds from the Federal Government, and
including currency of the United States and of any foreign nation, checks,
money orders, or any other negotiable instruments payable on demand, received
either before or after the date of the general elections for use in the
preparation of the President-elect or Vice President-elect for the assumption
of official duties as President or Vice President.
(2)
The Preside elect and Vice-President-elect (as a condition for receiving such
services and funds) shall make available to the Administrator and the
Comptroller General all information concerning such contributions as the
Administrator or Comptroller General may require for purposes of auditing both
the public and private funding used in the activities authorized by this
Act.
(3) Disclosures made under paragraph (1) shall
be
(A) in the form of a
report to the Administrator within 30 days after the inauguration of the
President-elect as President and the Vice-President-elect as Vice President;
and
(B) made available to the public by the
Administrator upon receipt by the Administrator.
(b)(1) The President-elect and Vice-President-elect (as a
condition for receiving services provided under section 3 and funds provided
under section 6(a)(1)) shall make available to the public
(A) the names and most recent
employment of all transition personnel (fulltime or part-time, public or
private, or volunteer) who are members of the Presidentelect or Vice-President
elect's Federal department or agency transition teams; and
(B) information regarding the sources of funding which
support the transition activities of each transition team member.
(2) Disclosures under paragraph
(1) shall be made public before the initial transition team contact with a
Federal department or agency and shall be updated as necessary.
(c) The President-elect and
Vice-President-elect (as a condition for receiving services under section 3
and for funds provided under section 6(aYJ)) shall not accept more than $5,000
from any person, organization, or other entity for purposes of carrying out
activities authorized by this Act."
SEC. 4. LIMITATION ON EXPENDITURES OF CERTAIN
FUNDS
(a) USE OF AIRCRAFT- Section 3(a)(4) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note) is amended--
(1)by inserting (A) after
(4);
(2)by adding at the end thereof the following new
subparagraph:
(B) When
requested by the President-elect or Vice-Presidentelect or their designee, and
approved by the President, Government aircraft may be provided for transition
purposes on a reimbursable basis; when requested by the President-elect, the
Vice-President-elect, or the designee of the president-elect or
Vice-President-elect, aircraft may be chartered for transition purposes; and
any collections from the Secret Service, press, or others occupying space on
chartered aircraft shall be deposited to the credit of the appropriations made
under section 6 of this Act;
(b) DURATION OF EXPENDITURES- Section 3(b) of the
Presidential Transition Act of 1963 is amended to read as follows: (b) The
Administrator may not expend funds for the provision of services and
facilities under section 3 of this Act in connection with any obligations
incurred by the President-elect or Vice-President-elect
(1) before the day following the
date of the general elections held to determine the electors of President and
Vice President under section 1 or 2 of title 3, United States Code; or
(2) after 30 days after the date of the inauguration of
the President-elect as President and the inauguration of the Vice
President-elect as Vice President.
(c) COMMENCEMENT OF EXPENDITURES- Section 4 of the
Presidential Transition Act of 1963 is amended by striking out "six months
from the date of the expiration" and inserting "seven months from 30 days
before the date of the expiration".
SEC 5. DISCLOSURE OF IN-KIND CONTRIBUTIONS TO 1988-1989
TRANSITION.
(a) DISCLOSURE AS CONDITION OF
RECEIPT OF FUNDS- The President-elect and Vice-President-elect (as a condition
for receiving services under section 3 and for funds provided under section
6(a)(1) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) shall
provide an estimate to the Administrator of General Services of the aggregate
value of inkind contributions made during the period beginning on November 9,
1988, through January 20, 1989, received for transition activities for
(1) transportation;
(2) hotel and other accommodations;
(3) suitable office space; and
(4) furniture, furnishings, office machines and
equipment, and office supplies.
(b)FORM AND AVAILABILITY OF ESTIMATES- The estimates made
under subsection (a) shall be
(1) in the form of a report to the Administrator of
General Services within 90 days after January 20, 1989; and
(2) made available to the public by the Administrator
upon receipt by the Administrator.
SEC 6. TRAVEL AND TRANSPORTATION EXPENSES
Section 5723 of title 5, United States Code, is
amended
(1) in, subsection (a)(1), by striking out or
(B) and inserting or (C);
(2) in subsection (a), by
adding at the end thereof. "In the case of an appointee described in paragraph
(1) who has performed transition activities under section 3 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note), the provisions of
paragraphs (1) and (2) may apply to travel and transportation expenses from
the place of residence of such appointee (at the time of relocation following
the most recent general elections held to determine the electors of the
President) to the assigned duty station of such appointee"; and
(3)in subsection (c), by adding at the end thereof the
following: "In the case of an appointee described in subsection (a)(1) who has
performed transition activities under section 3 of the Presidential Transition
Act of 1963 (3 U.S.C. 102 note), the travel or transportation shall take place
at any time after the most recent general elections held to determine the
electors of the President."
SEC. 7. EXECUTIVE AGENCY VACANCIES
(a)APPLICATION OF VACANCY PROVISIONS To EXECUTIVE
AGENCIES.
(1) Section 3345 of
title 5, United States Code, is amended by striking out "Executive department"
and inserting in lieu thereof '!Executive agency (other than the General
Accounting Office)".
(2) The heading for section 3345
of title 5, United States Code, is amended to read as follows:
"��345. Details; to office of head of Executive agency or
military department".
(3)The table of section headings
for chapter 33 of title 5, United States Code, is amended by amending the item
relating to section 3345 to read as follows:
3345.
Details; to office of head of Executive agency or military department.
(b)EXTENSION OF TIME FOR INTERIM
SERVICE.- Section 3348 of title 5, United States Code, is amended to read as
follows:
��348. Details; limited in time
(a) A
vacancy caused by death or resignation may be filled temporarily under
section
3345, 3346, or 3347 of this title for not more
than 120 days except that
(1)
if a first or second nomination to fill such vacancy has been submitted to the
Senate, the position may be filled temporarily under section 3345, 3346, or
3347 of this title (A) until the Senate confirms the nomination; or (B) until
120 days after the date on which either the Senate rejects the nomination or
the nomination is withdrawn; or
(2) if the vacancy
occurs during an adjournment of the Congress sine die, the position may be
filled temporarily until 120 days after the Congress next convenes, subject
thereafter to the provisions of paragraph (1) of this subsection. (b) Any
person filling a vacancy temporarily under section 3345, 3346, or 3347 of this
title whose nomination to fill such vacancy has been submitted to the Senate
may not serve after the end of the 120day period referred to in paragraph
(1)(B) or (2) of subsection (a) of this section, if the nomination of such
person is rejected by the Senate or is withdrawn.".
References:
H.R. 3932 (and S. 2037), 100th Congress
H. Rept. 100-532, from the Committee on Government
Operations
S. Rept. 100-317, from the Committee on
Governmental Affairs
Mar. 16,
1988 - hearings held by House Government Operations Subcommittee on
Legislation and National Security.
Sept. 17, 1987,
Oct. 14, 1987, and Feb. 17, 1988 - hearings held by Senate Committee on
Governmental Affairs
Mar. 31, 1988 - H.R. 3932 passed
by the House Apr. 26, 1988 - S. 2037 passed by the Senate
Apr.28, 1988 - H.R. 3932 passed by the Senate, amended,
in lieu of S. 2037
July 26, 1988 - House concurred in
Senate amendment, with an amendment Aug. 2, 1988 - Senate concurred in House
amendment
Aug. 17, 1988 - signed into law as P.L.
100-398
Back to Top
Presidential Transition Act of 1963, Amendments:
P.L. 94-499, October 14, 1976; 90 Stat. 2380
AN ACT
To revise the appropriation authorization for the
Presidential Transition Act of 1963, and for other purposes.
Be it enacted by the
Senate and House of Representatives, 8 of the United States ofAmerica in
Congress assembled,
That (a) section 5 of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended to read as follows:
"SEC. 5. There arc hereby
authorized to be appropriated to the Administrator such funds as may be
necessary for carrying out the purposes of this Act, except that with respect
to any one Presidential transition
"(1) not more than $2,000,000 may be appropriated for the
purposes of providing, services facilities to the President-elect and Vice
President-elect under section 3, and
"(2) not more
than $1,000,000 may be appropriated for the purposes of providing services and
facilities to the former President and former Vice President under section
4.
The President shall include in the budget
transmitted to Congress, for each year in which his regular term of office
will expire, a proposed appropriation for carrying out the purposes of this
Act."
(b) Section 3(a)(2) of
the Presidential Transition Act of 1963 is amended by striking out "at rates
not to exceed $100 per them for individuals".
SEC. 2. Section (a)(2) of the Presidential Transition Act
of 1963 is amended by striking out "or nonreimbursable".
SEC. 3. The amendment made by the first section of this
Act shall take effect on
(1)
the date of the enactment of this Act, or
(2)October
1, 1976, whichever is later.
References:
H.R. 14886, 94th Congress
H.
Rept. 94-1442, from the Committee on Government Operations
S. Rept. 94-1322, from the Committee on Government
Operations
Aug. 4, 1976 - hearings held by House
Government Operations Subcommittee on Legislation and National Security
Sept. 1, 1976 - passed House
Sept. 30, 1976 - passed Senate
Oct. 14, 1976 - signed into law as P.L. 94-499.
Back to Top
Presidential Transition Act of 1963:
P.L. 88-277, March 7, 1964; 78 Stat.
153
AN ACT
To promote the orderly transfer of the executive power in
connection with the expiration of the term of office of a President and the
inauguration of a new President.
Be it enacted by the Senate and House of Representatives
of the United States Of American in Congress assembled, That this Act may be
cited as the Presidential Transition Act of 1963."
PURPOSE OF THIS ACT
SEC. 2.
The Congress declares it to be the purpose of this Act to promote the orderly
transfer of executive power in connection with the expiration of the term of
office of a President and the inauguration of a new President. The national
interest requires that such transitions in the office of President be
accomplished so as to asure continuity in the faithful execution of the laws
and in the conduct of the affairs of the Federal Government, both domestic and
foreign. Any disruption occasioned by the transfer of the executive power
could produce results deterimental to the safety and well-being of the United
States and its people. Accordingly, it is the intent of the Congress that
appropriate actions be authorized and taken to avoid or minimize any
disruption. In addition to the specific provisions contained in this Act
directed toward that purpose, it is the intent of the Congress that all
officers of the Government so conduct the affairs of the Government for which
they exercise responsibility and authority as (1) to be mindful of problems
occasioned by transitions in the office of President, (2) to take appropriate
lawful steps to avoid or minimize disruptions that might be occasioned by the
transfer of the executive power, and (3) otherwise to promote orderly
transitions in the office of President.
SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO
PRESIDENTSELECT AND VICE-PRESIDENTS-ELECT
SEC. 3. (a) The Administration of General Services,
referred to hereafter in this Act as "the Administrator," is authorized to
provide, upon request, to each President-elect and each VicePresident, for in
connection with his preparations for the assumption of official duties and
President or Vice President necessary services and facilities, including
(1) Suitable office space
appropriately equipped with furniture, furnishings, office machines and
equipment, and office supplies, as determined by the Administrator, after
consultation with the President-elect, the Vice-President-elect, or their
designee provided for in subsection (e) of this section, at such place or
places within the United States as the President-elect or Vice-President-elect
shall designate;
(2) Payment
of the compensation of members of office staffs designated by the
President-elect or Vice-President-elect at rates determined by them not to
exceed the rate provided by the Classification Act of 1949, as amended, for
grade GS-18: Provided, That any employee of any agency of any branch of the
Government may be detailed to such staffs on a reimbursable or nonreimbursable
basis with the consent of the head of the agency; and while so detailed such
employee shall be responsible only to the President-elect or
VicePresident-elect for the performance of his duties: Provided further, That
any employee so detailed shall continue to receive the compensation provided
pursuant to law for his regular employment, and shall retain the rights and
privileges of such employment without interruption. Notwithstanding any other
law, persons receiving compensation as members of office staffs under this
subsection, other than those detailed from agencies, shall not be held or
considered to be employees of the Federal Government except for purposes of
Civil Service Retirement Act, the Federal Employees' Compensation Act, the
Federal Employees' Group Life Insurance Act of 1954, and the Federal Employee
Health Benefits Act of 1959;
(3) Payment of expenses for the procurement of services
of experts or consultants or organizations thereof for the President-elect or
Vice-President-elect, as authorized for the head of any department by section
15 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 55a), at
rates not to exceed $100 per them for individuals;
(4) Payment of travel expenses and subsistence
allowances, including rental of Government or hired motor vehicles, found
necessary by the President-elect or Vice President-elect, as authorized for
persons employed intermittently or for persons serving without compensation by
section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C.
73b-2), as may be appropriate;
(5) Communications services found necessary by the
President-elect or Vice President elect;
(6) Payment of expenses for necessary printing and
binding, notwithstanding the Act of January 12, 1895, and the Act of March 1,
1919, as amended (44 U.S.C. 111);
(7) Reimbursement to the postal revenues in amounts
equivalent to the postage that would otherwise be payable on mail matter
referred to in subsection (d) of this section.
(b) The Administration shall expend no funds for the
provision of services and facilities under this Act in connection with any
obligations incurred by the President-elect or Vice-Presidentelect before the
day following the date of the general elections held to determine the electors
of President and Vice President in accordance with title 3, United States
Code, sections 1 and 2, or after the inauguration of the President-elect as
President and the inauguration of the Vice-President-elect as Vice
President.
(c) The terms "President-elect" and
"Vice-President-elect" as used in this Act shall mean such persons as are the
apparent successful candidates for the office of President and Vice President,
respectively, as ascertained by the Administrator following the general
elections held to determine the electors of President and Vice President in
accordance with title 3, United States Code, sections 1 and 2.
(d) Each President-elect shall be entitled to conveyance
within the United States and its territories and possessions of all mail
matter, including airmail, sent by him in connection with his preparations for
the assumption of official duties as President, and such mail matter shall be
transmitted as penalty mail as provided in title 39, United States Code,
section 4152. Each VicePresident-elect shall be entitled to conveyance within
the United States and its territories and possessions of all mail matter,
including airmail, sent by him under his written autograph signature in
connection with his preparation for the assumption of official duties as Vice
President.
(e) Each President-elect and Vice
President-elect may designate to the Administrator an assistant authorized to
make on his behalf such designations or findings of necessity as may be
required in connection with the services and facilities to be provided under
this Act. Not more than 10 per centurn of the total expenditures under this
Act for any President-elect or Vice-President-elect may be made upon the basis
of a certificate by him or the assistant designated by him pursuant to this
section by him or the assistant designated by him pursuant to this section
that such expenditures are classified and are essential to the national
security, and that they accord with the provisions of subsections (a), (b),
and (d) of this section.
(f) In the case where the
President-elect is the incumbent President or in the case where the
Vice-President-elect is the incumbent Vice President, there shall be no
expenditures of funds for the provision of services and facilities to such
incumbent under this Act, and any funds appropriated for such purposes shall
be returned to the general funds of the Treasury.
SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO
FORMER PRESIDENTS AND FORMER VICE PRESIDENTS
SEC. 4. The Administrator is authorized to provide, upon
request, to each former President and each former Vice President, for a period
not to exceed six months from the date of the expiration of his term of office
as President or Vice President, for use in connection with winding up the
affairs of his office, necessary services and facilities of the same general
character as authorized by this Act to be provided to Presidents-elect and
Vice Presidents-elect. Any person appointed or detailed to serve a former
President or former Vice President under authority of this section shall be
appointed or detailed in accordance with, and shall be subject to, all of the
provisions of section 3 of this Act applicable to persons appointed or
detailed under authority of that section. The provisions of the Act of August
25, 1958 (72 Stat. 838; 3 U.S.C. 102, note), other than subsections (a) and
(e) shall not become effective with respect to a former President until six
months after the expiration of his term of office as President.
AUTHORIZATION OF
APPROPRIATIONS
SEC. 5. There are hereby
authorized to be appropriated to the Administrator such funds as may be
necessary for carrying out the purposes of this Act but not to exceed $900,000
for any one Presidential transition, to remain available during the fiscal
year in which the transition occurs and the next succeeding fiscal year. The
President shall include in the budget transmitted to the Congress, for each
fiscal year in which his regular term of office will expire, a proposed
appropriation for carrying out the purposes of this Act.
References:
H.R. 4638, 88th Congress
H.
Rept. 88-301, from Committee on Government Operations
S. Rept. 88-448, from Committee on Government
Operations
Conference Committee Report 88-1148
April 24, 1963 - hearings held by House Government
Operations Subcommittee on Executive and
Legislative
Reorganization
July 25, 1963 - passed the House
Oct. 17, 1963 - passed the Senate, with amendments
Feb. 24, 1964 - Conference Report adopted and passed the
Senate
Feb. 25, 1964 - Conference Report adopted and
passed the House
Mar. 7, 1964 - signed into law as
P.L. 88-277
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FOOTNOTES:
1. Alvin S. Felzenberg, ed., The
Keys to a Successful Presidency (Washington: Heritage Foundation, 2000),
p. 7. For a detailed discussion of early presidential transitions, see also:
Laurin L. Henry, Presidential Transitions
(Washington: Brookings Institution, 1960). A discussion of the four most
recent transitions can be found in: John P. Burke, Presidential Transitions: From Politics to Practice
(Colorado: Lynne Rienner Publishers, 2000).
2. P.L. 88-277, March 4,1964; 78 Stat. 153; 3 U.S.C. 102
note. Although signed in 1964, the Act carries the 1963 designation.
3. P.L. 94-499, Oct. 14, 1976;
90 Stat. 2380.
4. P.L.
100-398, Aug. 17, 1988; 102 Stat. 985.
5. P.L. 106-293, Oct. 13, 2000.
6. Establishing the President's
Commission on Campaign Costs, E.O. 10974, Nov. 8, 1961, 3 CFR 496 (1959-1963
Compilation).
7. U.S.
President's Commission on Campaign Costs, Financing
Presidential Campaigns, Apr. 1962 (Washington: GPO, 1962), p. 36.
8. Ibid., pp. 23-24.
9. Ibid., p. 24.
10. President John F. Kennedy,
1962, Public Papers of the Presidents, Letter to the
President of the Senate and to the Speaker of the House Transmitting Bills to
Carry Out Recommendations of the Commission on Campaign Costs, May 29,
1962 (Washington: GPO, 1963), p. 446.
11. 3 U.S.C. 102 note.
12. U.S. Congress, Senate Committee on Government
Operations, Presidential TransitionAct, Distribution
of Federal Surplus Property, and Records Management, hearings, 94th Cong.,
2nd sess., Sept. 13, 1976 (Washington: GPO, 1976), p. 3.
13. U.S. General Accounting
Office, Federal Assistance for Presidential
Transitions, Nov. 16, 1970 (Washington: GPO, 1970), p. 24.
14. Ibid., p. 3.
15. U.S. General Accounting
Office, The Reagan-Bush Transition Team's Activities
at Six Selected Agencies, Jan. 28, 1982 (Washington: GPO, 1982), p. 3.
16. GAO, Federal Assistance for Presidential Transitions, pp.
41-42.
17. U.S. General
Accounting Office, Audit of Ford-Carter Presidential
Transition Expenditures, Dec. 23, 1977 (Washington: GPO, 1977), p. i.
18. GAO, Federal Assistance for Presidential Transitions, p.
45.
19. U.S. General
Accounting Office, Recommendations for Changes in
Legislation, Dec. 24, 1975 (Washington: GPO, 1975), p. 2.
20. U.S. Department of Justice,
Office of Assistant Attorney General, letter to the Administrator of the
General Services Administration from Mary C. Lawton, Acting Assistant Attorney
General, Office of Legal Counsel, Washington, DC, Aug. 15, 1974.
21. P.L. 93-554, Dec. 27, 1974;
88 Stat. 1771, at 1782. An additional amount of $100,000 was also appropriated
to former President Nixon for pension, allowances, and office staff under the
Former Presidents Act (3 U.S.C. 102 note).
22. GAO, Recommendations for
Changes in Legislation, pp. 5 -6.
23. P.L. 94-499, Oct. 14, 1976; 90 Stat. 2380; 3 U.S.C.
102 note.
24. GAO, The Reagan-Bush Transition Team's Activities at Six
Selected Agencies, p. 3.
25. GAO, Audit of Ford-Carter
Presidential Transition Expenditures, p. ii.
26. Ibid., pp. 11-12.
27. Data obtained from General Services Administration,
Nov. 28, 1990.
28. Ibid.
29. GAO, Reagan-Bush Transition Team's Activities at Six Selected
Agencies, p. iv.
30. U.S.
General Accounting Office, Audit of Reagan
Presidential Transition Expenditures, March 2, 1981 (Washington: GPO,
1981), p. 1.
31. U.S.
Congress, Senate, Presidential Transitions
Effectiveness Act of 1988, April 20, 1988, S. Rept. 100-317, 1001h Cong.,
2nd sess. (Washington: GPO, 1988), p. 10.
32. Ibid., pp. 4-5.
33. Ibid., p. 7
34. P.L. 100-398, Aug. 17, 1988, 102 Stat. 985.
35. See: U.S. Library of
Congress, Congressional Research Service, Former
Presidents: Federal Pension and Retirement Benefits, by Stephanie Smith,
CRS Report 98-249 GOV (Washington: June 26, 2000).
36. Data supplied by General Services Administration,
Nov. 28, 1990.
37. Dire
Emergency Supplemental Appropriations and Transfers, Urgent Supplementals, and
Correcting Enrollment Errors Act of 1989, P.L. 101-45, June 30, 1989; 103
Stat. 126.
38. P.L. 101-45,
June 30,1989; 103 Stat. 116; see also: U.S. Congress, House, Cornmittee on
Appropriations, Subcommittee on the Treasury, Postal Service, and General
Government Appropriations, Treasury, Postal Service,
and General Government Appropriations for Fiscal Year 1993, part 5, Feb.
25, 1992, hearings (Washington: GPO, 1992), p. 536.
39. P.L. 102-393, Oct. 5, 1992;
106 Stat. 1729.
40. Data
provided by GSA Budget Office in Oct. 23, 2000 telephone conversation.
In order to facilitate the 2000-2001 presidential
transition process, several online web sites have been created:
41. H.R. 4516, section 1001,
Title IV; vetoed Oct. 30, 2000.
42. P.L. 106-426, Nov. 3, 2000.
43. Jennifer Miller, "New
Legislation Will Impact Presidential Transitions," PA
Times, Feb. 2000, p. 1.
44. Laurin L. Henry, Presidential
Transitions (Washington: The Brookings Institution, 1960), p. 58. This
book provides an in-depth study of presidential transitions before 1960.
45. President Harry S. Truman,
1952-1953, Public Papers of the Presidents, Letter of
Invitation to the President-Elect, Nov. 6, 1952 (Washington: GPO, 1953),
pp. 1048-1049.
46. Henry, Presidential Transitions, pp. 513-514.
47. David T. Stanley, Changing Administrations (Washington: Brookings
Institution, 1965), p. 6.
48.
Pre-Inaugural Task Forces Unprecedented in History," Congressional Quarterly Weekly Report, vol. 19, April
7, 1961, p. 620.
49. Ibid.
50. Ibid., p. 621.
51. Ibid.
52. Ibid.
53. "Presidential Transition,"
Congressional Quarterly Weekly Report, Sept. 20,
1968, vol. 26, p. 2506.
54.
Alan L. Otten, "Nixon Works to Ensure an Efficient Take-Over If He Gains
Presidency," Wall Street Journal, Oct. 25, 1968,
p. 1.
55. Carroll Kilpatrick,
"Nixon Won't Flood Congress with New Legislation, Aides Say," Washington Post, Dec. 22, 1968, pp. Al and A6.
56. James M. Naughton, "The
Change in President: Plans Began Months Ago," New York
Times, Aug. 26, 1974, p. 1.
57. Morton Mintz and Stuart Auerbach, "Ford Solicits
Suggestions on No. 2 Man," Washington Post, Aug.
11, 1974, p. Al.
58. Fred
Austin, "Ford Begins Move to Reshape his Administration," National Journal, Dec. 14, 1974, vol. 7, p. 1877.
59. Laurence Stern, "Transition
Unit at Work for Carter," Washington Post, Aug. 9,
1976, p. Al.
60. Washington Post, Aug. 9, 1976, p. A2.
61. Ibid.
62. Fredrick Smith, "Georgian Is
Urged to Appoint 100 to Prepare Washington Takeover," New York Times, Nov. 4, 1976, p. 21.
63. Jules Witcover, "Blueprint
for Transition Going to Carter," Washington Post,
Nov. 4, 1976, p. A18.
64.
Bruce F. Freed, "New Heads for Many Regulatory Bodies Expected to Be Named at
Once by Carter," Wall Street Journal, Nov. 11,
1976, p. 3.
65. Lou Cannon,
"Reagan Promises to Heal and Unify," Washington
Post, Nov. 5, 1980, p. A20.
66. Dick Kirschten, "The Reagan Team Comes to Washington,
Ready to Get Off to a Running Start," National
Journal, Nov. 15, 1980, p. 1926.
67. Michael Getler, "Reagan Advisers Setting Up Special
Teams to Oversee Transition," Washington Post,
Nov. 11, 1980, p. Al.
68. Lee
Lescaze, "Transition Team Is Announced," Washington
Post, Nov. 7, 1980, p. Al.
69. Lee Lescaze, "The Changing of the Guard Commences:
Transition Team is Announced," Washington Post,
Nov. 7, 1980, pp. Al, A3.
70.
T.R. Reid and Lee Lescaze, "Carter to Defer Action on Major Policy Issues," Washington Post, Nov. 13, 1980, p. Al.
71. David Hoffman, "Bush Names
Baker Secretary of State," Washington Post, Nov.
10, 1988, pp. Al and A38.
72.
Judith Havemann, "Bush to Get 2,500 Conservative Resumes," Washington Post, Nov. 15, 1988, p. A17.
73. Jessica Lee, "Bush Taps
Reagan Aides for Cabinet, Budget," USA Today, Nov.
22, 1988, p. 8A.
74. Ibid.
75. Jessica Lee, "Agencies Told
to Give Data to Transition Team," USA Today, Nov.
23, 1988, p. 6A.
76. Adam
Nagourney and Bill Nichols, "Clinton Camp Crafts Lineup," USA Today, Oct. 20, 1992, p. 2A.
77. George Bush, "The Way We See
It ... The People Have Spoken," Washington Post,
Nov. 4, 1992, p. A22.
78.
Bill Nichols, "Bush Cooperation," USA Today, Nov.
6, 1992, p. 5A.
79. Thomas W.
Lippmen, "Taking Full Responsibility for Loss," Washington Post, Nov. 8, 1992, p. Al.
80. Adam Nagourney and Bill
Nichols, "Clinton Shifts Transition to High Gear," USA
Today, Nov. 6,1992, p. Al.
81. Ruth Marcus and Al Kamen," Clinton Names Transition
Chiefs," Washington Post, Nov. 7, 1992, p. Al.
82. P.L. 106-426, Nov. 3,
2000.
83. James P. Pfiffner,
The Strategic Presidency: Hitting the Ground
Running (Chicago, Dorsey Press, 1988); pp. 9-18, see also: Robert K.
Landers, "The Dangers in Presidential Transitions"
(Washington: Editorial Research Reports, 1988), p. 1.
84. U.S. Congress, Senate
Committee on Governmental Affairs, Presidential
Transitions Effectiveness Act of 1988, p. 6.
85. Ibid., see also: Presidential
Transition Effectiveness Act, hearings, 100th Cong., 1st and 2nd sess.,
Sept. 17, Oct. 14, 1987, and Feb. 17, 1988, (Washington: GPO, 1988), pp. 23
-38.
86. U.S. Congress,
Senate Cornmittee on Governmental Affairs, Presidential Transition Act of 2000, 106th Cong., 2nd
sess., S. Rept. 106-348 (Washington: GPO, 2000), p. 2.
87. Alvin S. Felzenberg, ed., The Keys to a Successful Presidency, p. 18.
88. John P. Burke, Presidential Transitions: From Politics to Practice,
p. 96.
89. Carl Brauer, "Lost
in Transition," The Atlantic Monthly, Nov. 1988,
p. 74.
90. John P Burke, Presidential Transitions: From Politics to Practice,
p. 225.
91. National Academy
of Public Administration, The Executive Presidency:
Federal Management for the 1990s (Washington: National Academy of Public
Administration, 1988), p. 5.
92. Kenneth W. Thompson, ed., Presidential Transitions: The Reagan to Bush
Experience (University of Virginia: University Press of America, 1993), p.
5.
93. Landers, "Dangers in
Presidential Transitions," Editorial Research
Reports, pp. 528-529.
94.
Bill Nichols, "Clinton Sets New Sights," USA
Today, Nov. 5, 1992, p. Al.
95. Wallace Earl Walker and Michael R. Reopel,
"Strategies for Governance: Transition and Domestic Policyrnaking in the
Reagan Administration," Presidential Studies
Quarterly, vol. 16, fall 1986, p. 736.
96. Walker and Reopel, "Strategies for Governance:
Transition and Domestic Policyrnaking in the Reagan Administration," p.
739.
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