Editorial Notes
Amendments
2004—Pub. L. 108–199 substituted “. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. No amount of such expense allowance shall be included in the gross income of the President.” for “, for which expense allowance no accounting, other than for income tax purposes, shall be made by him.”
1999—Pub. L. 106–58 substituted “$400,000” for “$200,000”.
1978—Pub. L. 95–570 substituted “Executive Residence at the White House” for “Executive Mansion”.
1969—Pub. L. 91–1 substituted “$200,000” for “$100,000”.
1951—Act Oct. 20, 1951, made President’s expense allowance taxable.
1949—Act Jan. 19, 1949, increased salary from $75,000 to $100,000 per year, and gave President a yearly expense account of $50,000 for which he was to make no accounting and which was tax free.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Pub. L. 95–570, § 6(a), Nov. 2, 1978, 92 Stat. 2451, provided that:
“The amendments made by this Act [enacting sections
107,
108,
112,
113, and
114 of this title, amending sections
102,
103,
105,
106,
109,
110, and
202 of this title, repealing
section 107 of this title, and enacting provisions set out as a note under
section 107 of this title] shall apply to any fiscal year which begins on or after
October 1, 1978.”
Effective Date of 1969 Amendment
Pub. L. 91–1, § 2, Jan. 17, 1969, 83 Stat. 3, provided that:
“The amendment made by this Act [amending this section] shall take effect at noon on January 20, 1969.”
Effective Date of 1951 Amendment
Act Oct. 20, 1951, ch. 521, title VI, § 619(e), 65 Stat. 570, provided that:
“The amendments made by subsections (a) and (b) of this section [amending this section and
section 111 of this title] shall become effective at noon on
January 20, 1953, and the amendments made by subsections (c) and (d) [amending sections 31a and 5121 of Title 2, The
Congress] shall become effective at noon on
January 3, 1953.”
Effective Date of 1949 Amendment
Amendment by act Jan. 19, 1949, effective noon, Jan. 19, 1949, see section 3 of that act.
Authorization of Transition Activities by the Incumbent Administration
Pub. L. 111–283, § 3, Oct. 15, 2010, 124 Stat. 3048, which authorized certain types of actions to be taken by the President to facilitate an efficient transfer of power to a successor President and required reports on such actions taken, was repealed by Pub. L. 114–136, § 2(c)(1), Mar. 18, 2016, 130 Stat. 305.
Disclosure of In-Kind Contributions to 1988–1989 Transition
Pub. L. 100–398, § 5, Aug. 17, 1988, 102 Stat. 987, provided that:
“(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 [Pub. L. 88–277] (3 U.S.C. 102 note) shall provide an estimate to the Administrator of General Services of the aggregate value of in-kind contributions made during the period beginning on November 9, 1988, through January 20, 1989, received for transition activities for—
“(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.”
Presidential Transition Act of 1963
Pub. L. 88–277, Mar. 7, 1964, 78 Stat. 153, as amended by Pub. L. 94–499, §§ 1, 2, Oct. 14, 1976, 90 Stat. 2380; Pub. L. 100–398, §§ 2(a), 3, 4, Aug. 17, 1988, 102 Stat. 985, 986; Pub. L. 106–293, § 2, Oct. 12, 2000, 114 Stat. 1035; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–458, title VII, § 7601(a), Dec. 17, 2004, 118 Stat. 3856; Pub. L. 111–283, § 2(a), (b), (d), Oct. 15, 2010, 124 Stat. 3045, 3047, 3048; Pub. L. 114–136, § 2(a), (b), (c)(2), Mar. 18, 2016, 130 Stat. 301, 304, 305; Pub. L. 116–121, § 2, Mar. 3, 2020, 134 Stat. 138; Pub. L. 117–328, div. P, title II, § 202, Dec. 29, 2022, 136 Stat. 5241, provided:
“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 the 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 assure 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 detrimental 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 apparent successful candidates
“Sec. 3.
(a) The Administrator of General Services, referred to hereafter in this Act as ‘the Administrator,’ is authorized to provide, upon request, to each apparent successful candidate for the office of President and Vice President (as determined by subsection (c)), and, for up to 60 days after the date of the inauguration of each such candidate, each President and Vice President, for use in connection with the preparations for the assumption of official duties as President or Vice President necessary services and facilities, including the following:
“(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 apparent successful candidate, or their designee provided for in subsection (e) of this section, at such place or places within the United States as the apparent successful candidate shall designate.
“(2)
Payment of the compensation of members of office staffs designated by the apparent successful candidate at rates determined by them not to exceed the rate provided by the
Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of title 5], for grade GS–18: Provided, That any employee of any agency of any branch of the Government, or an employee of a committee of either House of
Congress, a joint committee of the
Congress, or an individual Member of
Congress, may be detailed to such staffs on a reimbursable basis with the consent of the head of the agency, or in the case of an employee in a position in the legislative branch, with the consent of the supervising Member of
Congress; and while so detailed such employee shall be responsible only to the apparent successful candidate 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 the
Civil Service Retirement Act [section 8301 et seq. of title 5], the Federal Employees’ Compensation Act [section 8501 et seq. of title 5], the Federal Employees’ Group
Life Insurance Act of 1954 [section 8701 et seq. of title 5], and the
Federal Employees Health Benefits Act of 1959 [section 8901 et seq. of title 5].
“(4)
(A)
Payment of travel expenses and subsistence allowances, including rental of Government or hired motor vehicles, found necessary by the apparent successful candidate, 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) [
section 5703 of title 5], as may be appropriate;
“(B)
When requested by the apparent successful candidate or their designee, and approved by the President, Government aircraft may be provided for transition purposes on a reimbursable basis; when requested by the apparent successful candidate or their designee, 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 7 of this Act.
“(5)
Communications services found necessary by the apparent successful candidate.
“(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) [
section 501 of title 44].
“(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.
“(8)
(A)
(i)
Not withstanding subsection (b), payment of expenses during the transition and during the term of a President 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 when they make the transition from campaign and other prior activities to assuming the responsibility for governance.
“(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 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.
“(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.
“(v)
Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of specific operational threats to national security; major military or covert operations; and pending decisions on possible uses of military force. This summary shall be provided to the apparent successful candidate for the office of President as soon as possible after 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.
“(B)
Activities under this paragraph shall be conducted primarily for individuals the apparent successful candidate for the office of President or eligible candidate (as defined in subsection (h)(4)) for President intends to nominate as department heads or appoint to key positions in the
Executive Office of the President or Executive agencies (as defined in
section 105 of title 5, United States Code).
“(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)
Notwithstanding subsection (b), consultation by the Administrator with any apparent successful candidate or eligible candidate (as defined in subsection (h)(4)) 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 including, to the greatest extent practicable, human resource management system software compatible with the software used by the incumbent President and likely to be used by the apparent successful candidates.
“(b) The Administrator shall expend funds for the provision of services and facilities under this section—
“(1) in connection with any obligation incurred by the apparent successful candidates, or after the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President incurred by the President or Vice President, during the period—
“(A)
beginning on the day after the date of the general elections held to determine the electors of the President and
Vice President under section
1 or
2 of title
3, United States Code; and
“(B)
ending on the date that is 60 days after the date of such inauguration; and
“(2)
without regard to whether the apparent successful candidate, President, or Vice President submits to the Administrator a request for payment regarding services or facilities before the end of such period.
“(c)
(1) Apparent Successful Candidates.—
“(A) In general.—For purposes of this Act, the ‘apparent successful candidate’ for the office of President and Vice President, respectively, shall be determined as follows:
“(i)
If all but one eligible candidate for the office of President and one eligible candidate for the office of Vice President, respectively, concede the election, then the candidate for each such office who has not conceded shall be the apparent successful candidate for each such office.
“(ii)
If, on the date that is 5 days after the date of the election, more than one eligible candidate for the office of President has not conceded the election, then each of the remaining eligible candidates for such office and the office of Vice President who have not conceded shall be treated as the apparent successful candidates until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iii) or clause (iv).
“(iii)
If a single candidate for the office of President or Vice President is determined by the Administrator to meet the qualifications under subparagraph (B), the Administrator may determine that such candidate shall solely be treated as the apparent successful candidate for that office until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iv).
“(iv)
If a single candidate for the office of President or Vice President is the apparent successful candidate for such office under subparagraph (C), that candidate shall solely be treated as the apparent successful candidate for that office.
“(B) Interim discretionary qualifications.—On or after the date that is 5 days after the date of the election, the Administrator may determine that a single candidate for the office of President or Vice President shall be treated as the sole apparent successful candidate for that office pursuant to subparagraph (A)(iii) if it is substantially certain the candidate will receive a majority of the pledged votes of electors, based on consideration of the following factors:
“(i)
The results of the election for such office in States in which significant legal challenges that could alter the outcome of the election in the State have been substantially resolved, such that the outcome is substantially certain.
“(ii)
The certified results of the election for such office in States in which the certification is complete.
“(iii)
The results of the election for such office in States in which there is substantial certainty of an apparent successful candidate based on the totality of the circumstances.
“(C) Mandatory qualifications.—
“(i) In general.—Notwithstanding subparagraph (A) or (B), a candidate shall be the sole apparent successful candidate for the office of President or Vice President pursuant to subparagraph (A)(iv) for purposes of this Act if—
“(I)
the candidate receives a majority of pledged votes of electors of such office based on certifications by States of their final canvass, and the conclusion of any recounts, legal actions, or administrative actions pertaining to the results of the election for such office;
“(II)
in the case where subclause (I) is not met, the candidate receives a majority of votes of electors of such office at the meeting and vote of electors under
section 7 of title 3, United States Code; or
“(III)
in the case where neither subclause (I) or (II) is met, the candidate is declared as the person elected to such office at the joint session of
Congress under
section 15 of title 3, United States Code.
“(ii) Clarification if state unable to certify election results or appoints more than one slate of electors.—
For purposes of subclauses (I) and (II) of clause (i), if a State is unable to certify its election results or a State appoints more than one slate of electors, the votes of the electors of such State shall not count towards meeting the qualifications under such subclauses.
“(2) Period of Multiple Possible Apparent Successful Candidates.—During any period in which there is more than one possible apparent successful candidate for the office of President—
“(A)
the Administrator is authorized to provide, upon request, to each remaining eligible candidate for such office and the office of Vice President described in paragraph (1)(A)(ii) access to services and facilities pursuant to this Act;
“(B)
the Administrator, in conjunction with the Federal Transition Coordinator designated under section 4(c) and the senior career employee of each agency and senior career employee of each major component and subcomponent of each agency designated under subsection (f)(1) to oversee and implement the activities of the agency, component, or subcomponent relating to the Presidential transition, shall make efforts to ensure that each such candidate is provided equal access to agency information and spaces as requested pursuant to this Act;
“(C)
the Administrator shall provide weekly reports to Congress containing a brief summary of the status of funds being distributed to such candidates under this Act, the level of access to agency information and spaces provided to such candidates, and the status of such candidates with respect to meeting the qualifications to be the apparent successful candidate for the office of President or Vice President under subparagraph (B) or (C) of paragraph (1); and
“(D)
if a single candidate for the office of President or Vice President is treated as the apparent successful candidate for such office pursuant to subparagraph (A)(iii) or (A)(iv) of paragraph (1), not later than 24 hours after such treatment is effective, the Administrator shall make available to the public a written statement that such candidate is treated as the sole apparent successful candidate for such office for purposes of this Act, including a description of the legal basis and reasons for such treatment based on the qualifications under subparagraph (B) or (C) of paragraph (1), as applicable.
“(3) Definition.—
In this subsection, the term ‘eligible candidate’ has the meaning given that term in subsection (h)(4).
“(d)
Each apparent successful candidate for the office of President 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 [now
section 3202 of title 39]. Each apparent successful candidate for the office of Vice-President 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 preparations for the assumption of official duties as
Vice President.
“(e)
Each apparent successful candidate, or eligible candidate (as defined in subsection (h)(4)) for President or Vice-President, 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 centum of the total expenditures under this Act for any apparent successful candidate may be made upon the basis of a certificate by the candidate or their designee 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)
(1)
Any apparent successful candidate for the office of President should submit to the
Federal Bureau of Investigation or other appropriate agency and then, upon taking effect and designation, to the agency designated by the President under section 115(b) of the National Intelligence Reform Act of 2004 [probably should be
section 3001(c) of Pub. L. 108–458,
50 U.S.C. 3341(c)], the names of candidates for high level national security positions through the level of undersecretary of cabinet departments as soon as possible after 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.
“(2)
The responsible agency or agencies shall undertake and complete as expeditiously as possible the background investigations necessary to provide appropriate security clearances to the individuals who are candidates described under paragraph (1) before the date of the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President.
“(g)
In the case where an apparent successful candidate for the office of President is the incumbent President or in the case where an apparent successful candidate for the office of Vice President is the incumbent Vice President, except for activities under subsection (a)(8)(A), 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.
“(h)
(1)
(A) In the case of an eligible candidate, the Administrator—
“(i)
shall notify the candidate of the candidate’s right to receive the services and facilities described in paragraph (2) and shall provide with such notice a description of the nature and scope of each such service and facility; and
“(ii)
upon notification by the candidate of which such services and facilities such candidate will accept, shall, notwithstanding subsection (b), provide such services and facilities to the candidate during the period beginning on the date of the notification and ending on the date of the general elections described in subsection (b)(1).
“(B) The Administrator shall provide the notice under subparagraph (A)(i) to each eligible candidate—
“(i)
in the case of a candidate of a major party (as defined in section 9002(6) of the
Internal Revenue Code of 1986 [
26 U.S.C. 9002(6)]), on one of the first 3 business days following the last nominating convention for such major parties; and
“(ii)
in the case of any other candidate, as soon as practicable after an individual becomes an eligible candidate (or, if later, at the same time as notice is provided under clause (i)).
“(C)
(i)
The Administrator shall, not later than 12 months before the date of each general election for President and Vice-President (beginning with the election to be held in 2012), prepare a report summarizing modern presidential transition activities, including a bibliography of relevant resources.
“(ii)
The Administrator shall promptly make the report under clause (i) generally available to the public (including through electronic means) and shall include such report with the notice provided to each eligible candidate under subparagraph (A)(i).
“(2)
(A)
Except as provided in subparagraph (B), the services and facilities described in this paragraph are the services and facilities described in subsection (a) (other than paragraphs (2), (3), (4), (7), and 8(A)(v) thereof), but only to the extent that the use of the services and facilities is for use in connection with the eligible candidate’s preparations for the assumption of official duties as President or Vice-President.
“(B) The Administrator—
“(i)
shall determine the location of any office space provided to an eligible candidate under this subsection;
“(ii)
shall, as appropriate, ensure that any information technology or communications services provided to an eligible candidate under this subsection are secure;
“(iii)
shall offer information and other assistance to eligible candidates on an equal basis and without regard to political affiliation; and
“(iv)
may modify the scope of any services to be provided under this subsection to reflect that the services are provided to eligible candidates rather than an apparent successful candidate, except that any such modification must apply to all eligible candidates.
“(C)
An eligible candidate, or any person on behalf of the candidate, shall not use any services or facilities provided under this subsection other than for the purposes described in subparagraph (A), and the candidate or the candidate’s campaign shall reimburse the Administrator for any unauthorized use of such services or facilities.
“(D)
An eligible candidate shall have a right to the services and facilities described in this paragraph until the date on which the Administrator is able to determine the apparent successful candidates for the office of President and Vice President.
“(3)
(A)
Notwithstanding any other provision of law, an eligible candidate may establish a separate fund for the payment of expenditures in connection with the eligible candidate’s preparations for the assumption of official duties as President or Vice-President, including expenditures in connection with any services or facilities provided under this subsection (whether before such services or facilities are available under this section or to supplement such services or facilities when so provided). Such fund shall be established and maintained in such manner as to qualify such fund for purposes of section 501(c)(4) of the
Internal Revenue Code of 1986 [
26 U.S.C. 501(c)(4)].
“(B)
(i) The eligible candidate may—
“(II)
solicit and accept amounts for receipt by such separate fund.
“(ii)
Any expenditures from the separate fund that are made from such contributions or payments described in clause (i)(I) shall be treated as expenditures (within the meaning of section 301(9) of such Act (
2 U.S.C. 431(9)) [now
52 U.S.C. 30101(9)]) or qualified campaign expenses (within the meaning of section 9002(11) of such Code [
26 U.S.C. 9002(11)]), whichever is applicable.
“(iii)
An eligible candidate establishing a separate fund under subparagraph (A) shall (as a condition for receiving services and facilities described in paragraph (2)) comply with all requirements and limitations of section 6 in soliciting or expending amounts in the same manner as an apparent successful candidate, including reporting on the transfer and expenditure of amounts described in subparagraph (B)(i) in the disclosures required by section 6.
“(4)
(A) In this subsection, the term ‘eligible candidate’ means, with respect to any presidential election (as defined in section 9002(10) of the Internal Revenue Code of 1986 [26 U.S.C. 9002(10)])—
“(i)
a candidate of a major party (as defined in section 9002(6) of such Code [
26 U.S.C. 9002(6)]) for President or Vice-President of the United States; and
“(ii)
any other candidate who has been determined by the Administrator to be among the principal contenders for the general election to such offices.
“(B) In making a determination under subparagraph (A)(ii), the Administrator shall—
“(i) ensure that any candidate determined to be an eligible candidate under such subparagraph—
“(I)
meets the requirements described in Article II, Section 1, of the United States Constitution for eligibility to the office of President;
“(II)
has qualified to have his or her name appear on the ballots of a sufficient number of States such that the total number of electors appointed in those States is greater than 50 percent of the total number of electors appointed in all of the States; and
“(III)
has demonstrated a significant level of public support in national public opinion polls, so as to be realistically considered among the principal contenders for President or Vice-President of the United States; and
“(ii)
consider whether other national organizations have recognized the candidate as being among the principal contenders for the general election to such offices, including whether the Commission on Presidential Debates has determined that the candidate is eligible to participate in the candidate debates for the general election to such offices.
“(i) Memorandums of Understanding.—
“(1) In general.—
Not later than September 1 of a year during which a Presidential election occurs, the Administrator shall, to the maximum extent practicable, enter into a memorandum of understanding with each eligible candidate, which shall include, at a minimum, the conditions for the administrative support services and facilities described in subsection (a).
“(2) Existing resources.—
To the maximum extent practicable, a memorandum of understanding entered into under paragraph (1) shall be based on memorandums of understanding relating to previous Presidential transitions.
“(3) Transition representative.—
“(A) Designation of representative for inquiries.—
Each memorandum of understanding entered into under this subsection shall designate a representative of the eligible candidate to whom the Administrator shall direct any inquiries or legal instruments regarding the records of the eligible candidate that are in the custody of the Administrator.
“(B) Change in transition representative.—
The designation of a new individual as the transition representative of an eligible candidate shall not require the execution of a new memorandum of understanding under this subsection.
“(C) Termination of designation.—The designation of a transition representative under a memorandum of understanding shall terminate—
“(i)
not later than September 30 of the year during which the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President occurs; or
“(ii)
before the date described in clause (i), upon request of the apparent successful candidate or, after such inauguration, upon request of the President or the Vice President.
“(4) Amendments.—
Any amendment to a memorandum of understanding entered into under this subsection shall be agreed to in writing.
“(5) Prior notification of deviation.—
Each party to a memorandum of understanding entered into under this subsection shall provide written notice, except to the extent prohibited under another provision of law, not later than 3 days before taking any action that deviates from the terms and conditions agreed to in the memorandum of understanding.
“(6) Definition.—
In this subsection, the term ‘eligible candidate’ has the meaning given that term in subsection (h)(4).
“SEC. 4. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION.
“(a) Definitions.—In this section—
“(1)
the term ‘Administrator’ means the Administrator of General Services;
“(3)
the term ‘eligible candidate’ has the meaning given that term in section 3(h)(4);
“(4) the term ‘nonpublic information’—
“(A)
means information from the Federal Government that a member of a transition team obtains as part of the employment of the member that such member knows or reasonably should know has not been made available to the general public; and
“(B) includes information that a member of the transition team knows or reasonably should know—
“(i)
is exempt from disclosure under
section 552 of title 5, United States Code, or otherwise protected from disclosure by law; and
“(ii)
is not authorized by the appropriate government agency or officials to be released to the public; and
“(5)
the term ‘Presidential election’ means a general election held to determine the electors of President and
Vice President under section
1 or
2 of title
3, United States Code.
“(b) General Duties.—The President shall take such actions as the President determines necessary and appropriate to plan and coordinate activities by the Executive branch of the Federal Government to facilitate an efficient transfer of power to a successor President, including by—
“(1)
establishing and operating a White House transition coordinating council in accordance with subsection (d); and
“(2)
establishing and operating an agency transition directors council in accordance with subsection (e).
“(c) Federal Transition Coordinator.—The Administrator shall designate an employee of the General Services Administration who is a senior career appointee to—
“(1)
carry out the duties and authorities of the General Services Administration relating to Presidential transitions under this Act or any other provision of law;
“(2)
serve as the Federal Transition Coordinator with responsibility for coordinating transition planning across agencies, including through the agency transition directors council established under subsection (e);
“(3)
ensure agencies comply with all statutory requirements relating to transition planning and reporting; and
“(4)
act as a liaison to eligible candidates.
“(d) White House Transition Coordinating Council.—
“(1) Establishment.—
Not later than 6 months before the date of a Presidential election, the President shall establish a White House transition coordinating council for purposes of facilitating the Presidential transition.
“(2) Duties.—The White House transition coordinating council shall—
“(A)
provide guidance to agencies and the Federal Transition Coordinator regarding preparations for the Presidential transition, including succession planning and preparation of briefing materials;
“(B)
facilitate communication and information sharing between the transition representatives of eligible candidates and senior employees in agencies and the Executive Office of the President; and
“(C)
prepare and host interagency emergency preparedness and response exercises.
“(3) Membership.—The members of the White House transition coordinating council shall include—
“(A)
senior employees of the Executive branch selected by the President, which may include the Chief of Staff to the President, any Cabinet officer, the Director of the Office of Management and Budget, the Administrator, the Director of the Office of Personnel Management, the Director of the Office of Government Ethics, and the Archivist of the United States;
“(B)
the Federal Transition Coordinator;
“(C)
the transition representative for each eligible candidate, who shall serve in an advisory capacity; and
“(D)
any other individual the President determines appropriate.
“(4) Chairperson.—
The Chairperson of the White House transition coordinating council shall be a senior employee in the Executive Office of the President, designated by the President.
“(e) Agency Transition Directors Council.—
“(1) In general.—The President shall establish and operate an agency transition directors council, which shall—
“(A)
ensure the Federal Government has an integrated strategy for addressing interagency challenges and responsibilities around Presidential transitions and turnover of noncareer appointees;
“(B)
coordinate transition activities between the Executive Office of the President, agencies, and the transition team of eligible candidates and the apparent successful candidates (as determined by section 3(c)); and
“(C)
draw on guidance provided by the White House transition coordinating council and lessons learned from previous Presidential transitions in carrying out its duties.
“(2) Duties.—As part of carrying out the responsibilities under paragraph (1), the agency transition directors council shall—
“(A)
assist the Federal Transition Coordinator in identifying and carrying out the responsibilities of the Federal Transition Coordinator relating to a Presidential transition;
“(B)
provide guidance to agencies in gathering briefing materials and information relating to the Presidential transition that may be requested by eligible candidates;
“(C)
ensure materials and information described in subparagraph (B) are prepared not later than November 1 of a year during which a Presidential election is held;
“(D)
ensure agencies adequately prepare career employees who are designated to fill non-career positions under subsection (f) during a Presidential transition; and
“(E)
consult with the President’s Management Council, or any successor thereto, in carrying out the duties of the agency transition directors council.
“(3) Membership.—The members of the agency transition directors council shall include—
“(A)
the Federal Transition Coordinator and the Deputy Director for Management of the Office of Management and Budget, who shall serve as Co-Chairpersons of the agency transition directors council;
“(B)
other senior employees serving in the Executive Office of the President, as determined by the President;
“(C)
a senior representative serving in a career position from each agency described in
section 901(b)(1) of title 31, United States Code, the
Office of Personnel Management, the
Office of Government Ethics, and the
National Archives and Records Administration whose responsibilities include leading Presidential transition efforts within the agency;
“(D)
a senior representative serving in a career position from any other agency determined by the Co-Chairpersons to be an agency that has significant responsibilities relating to the Presidential transition process; and
“(E)
during a year during which a Presidential election will be held, a transition representative for each eligible candidate, who shall serve in an advisory capacity.
“(4) Meetings.—The agency transition directors council shall meet—
“(A)
subject to subparagraph (B), not less than once per year; and
“(B)
during the period beginning on the date that is 6 months before a Presidential election and ending on the date on which the apparent successful candidate for the office of President is inaugurated, on a regular basis as necessary to carry out the duties and authorities of the agency transition directors council.
“(f) Interim Agency Leadership for Transitions.—
“(1) Oversight and implementation of transition.—
Not later than 6 months before the date of a Presidential election, the head of each agency shall designate a senior career employee of the agency and a senior career employee of each major component and subcomponent of the agency to oversee and implement the activities of the agency, component, or subcomponent relating to the Presidential transition.
“(2) Acting officers.—
Not later than September 15 of a year during which a Presidential election occurs, and in accordance with subchapter III of
chapter 33 of title 5, United States Code, the head of each agency shall ensure that a succession plan is in place for each senior noncareer position in the agency.
“(g) Memorandums of Understanding.—
“(1) In general.—
Not later than October 1 of a year during which a Presidential election occurs, the President (acting through the Federal Transition Coordinator) shall, to the maximum extent practicable, negotiate a memorandum of understanding with the transition representative of each eligible candidate, which shall include, at a minimum, the conditions of access to employees, facilities, and documents of agencies by transition staff.
“(2) Existing resources.—
To the maximum extent practicable, the memorandums of understanding negotiated under paragraph (1) shall be based on memorandums of understanding from previous Presidential transitions.
“(3) Ethics plan.—
“(A) In general.—
Each memorandum of understanding under paragraph (1) shall include an agreement that the eligible candidate will implement and enforce an ethics plan to guide the conduct of the transition beginning on the date on which the eligible candidate becomes the apparent successful candidate for the office of President.
“(B) Contents.—The ethics plan shall include, at a minimum—
“(i)
a description of the ethics requirements that will apply to all members of the transition team, including any specific requirement for transition team members who will have access to nonpublic or classified information;
“(ii) a description of how the transition team will—
“(I) address the role on the transition team of—
“(II)
prohibit a transition team member with conflicts of interest similar to those applicable to Federal employees under section 2635.402(a) and
section 2635.502(a) of title 5, Code of Federal Regulations, related to current or former employment, affiliations, clients, or investments, from working on particular matters involving specific parties that affect the interests of such member; and
“(III)
address how the covered eligible candidate will address his or her own conflicts of interest during a Presidential term if the covered eligible candidate becomes the apparent successful candidate for the office of President;
“(iii) a Code of Ethical Conduct, which each member of the transition team will sign and be subject to, that reflects the content of the ethics plans under this paragraph and at a minimum requires transition team members to—
“(I)
seek authorization from transition team leaders or their designees before seeking, on behalf of the transition, access to any nonpublic information;
“(II)
keep confidential any nonpublic information provided in the course of the duties of the member with the transition and exclusively use such information for the purposes of the transition; and
“(III)
not use any nonpublic information provided in the course of transition duties, in any manner, for personal or private gain for the member or any other party at any time during or after the transition; and
“(iv)
a description of how the transition team will enforce the Code of Ethical Conduct, including the names of the members of the transition team responsible for enforcement, oversight, and compliance.
“(C) Publicly available.—The transition team shall make the ethics plan described in this paragraph publicly available on the internet website of the General Services Administration the earlier of—
“(i)
the day on which the memorandum of understanding is completed; or
“(h) Equity in Assistance.—
Any information or other assistance provided to eligible candidates under this section shall be offered on an equal basis and without regard to political affiliation.
“(i) Reports.—
“(1) In general.—
The President, acting through the Federal Transition Coordinator, shall submit to the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate reports describing the activities undertaken by the President and agencies to prepare for the transfer of power to a new President.
“(2) Timing.—
The reports under paragraph (1) shall be provided 6 months and 3 months before the date of a Presidential election.
“services and facilities authorized to be provided to former presidents and former vice presidents
“Sec. 5.
The Administrator is authorized to provide, upon request, to each former President and each former
Vice President, for a period not to exceed seven months from 30 days before 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 apparent successful candidates (as determined by section 3(c)). 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.
“disclosures of financing and personnel; limitation on acceptance of donations
“Sec. 6.
(a)
(1)
Each apparent successful candidate (as determined by section 3(c)) (as a condition for receiving services under section 3 and for funds provided under section 7(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 apparent successful candidate for the assumption of official duties as President or Vice President.
“(2)
Each apparent successful candidate (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 apparent successful candidate for the office of President as President and the apparent successful candidate for the office of Vice-President as Vice President; and
“(B)
made available to the public by the Administrator upon receipt by the Administrator.
“(b)
(1) Each apparent successful candidate (as a condition for receiving services provided under section 3 and funds provided under section 7(a)(1)) shall make available to the public—
“(A)
the names and most recent employment of all transition personnel (full-time or part-time, public or private, or volunteer) who are members of the apparent successful candidate’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)
Each apparent successful candidate (as a condition for receiving services under section 3 and for funds provided under section 7(a)(1)) shall not accept more than $5,000 from any person, organization, or other entity for purposes of carrying out activities authorized by this Act.
“authorization of appropriations
“Sec. 7.
(a) There are 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 $3,500,000 may be appropriated for the purposes of providing services and facilities to the apparent successful candidates under section 3, and
“(2)
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 under section 5, 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.
The President shall include in the budget transmitted to 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.
“(b)
The amounts authorized to be appropriated under subsection (a) shall be increased by 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).”
[Pub. L. 108–458, title VII, § 7601(d), Dec. 17, 2004, 118 Stat. 3858, provided that:
“Notwithstanding
section 351 [
Pub. L. 108–458 does not contain a section 351], this section [enacting
section 3342 of Title 50, War and National Defense, and amending
section 3 of Pub. L. 88–277, set out above] and the amendments made by this section shall take effect on the date of enactment of this Act [
Dec. 17, 2004].”
]
[Pub. L. 100–398, § 2(b), Aug. 17, 1988, 102 Stat. 985, provided that:
“The amendments made by subsection (a) of this section [renumbering and amending
section 6 of Pub. L. 88–277, set out above] shall be effective upon enactment [
Aug. 17, 1988], except that the amendment made by paragraph (7) of such subsection [enacting subsec. (b) of
section 6 of Pub. L. 88–277, set out above] shall take effect on
October 1, 1989.”
]
[Pub. L. 94–499, § 3, Oct. 14, 1976, 90 Stat. 2380, provided that amendment of section 5 of Pub. L. 88–277 [set out above] by section 1 of Pub. L. 94–499, respecting revision of appropriation authorization, shall be effective Oct. 14, 1976.]
[For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.]
Expense Allowance: Use; Reversion of Unexpended Portion; Nontaxable
Provisions prohibiting expenditure of funds made available for official expenses for any other purpose and requiring reversion of any unused amount to the Treasury pursuant to 31 U.S.C. 1552 were contained in a paragraph under the headings “EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT” and “Compensation of the President” in the Executive Office of the President Appropriations Act, 2006, Pub. L. 109–115, div. A, title V, Nov. 30, 2005, 119 Stat. 2472, and were repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriation acts:
Pub. L. 108–447, div. H, title III, Dec. 8, 2004, 118 Stat. 3246.
Pub. L. 108–199, div. F, title III, Jan. 23, 2004, 118 Stat. 321.
Pub. L. 108–7, div. J, title III, Feb. 20, 2003, 117 Stat. 442.
Pub. L. 107–67, title III, Nov. 12, 2001, 115 Stat. 526.
Pub. L. 106–554, § 1(a)(3) [title III], Dec. 21, 2000, 114 Stat. 2763, 2763A–136.
Pub. L. 106–58, title III, Sept. 29, 1999, 113 Stat. 444.
Pub. L. 105–277, div. A, § 101(h) [title III], Oct. 21, 1998, 112 Stat. 2681–480, 2681–492.
Pub. L. 105–61, title III, Oct. 10, 1997, 111 Stat. 1290.
Pub. L. 104–208, div. A, title I, § 101(f) [title III], Sept. 30, 1996, 110 Stat. 3009-314, 3009-326.
Pub. L. 104–52, title III, Nov. 19, 1995, 109 Stat. 477.
Pub. L. 103–329, title III, Sept. 30, 1994, 108 Stat. 2392.
Pub. L. 103–123, title III, Oct. 28, 1993, 107 Stat. 1235.
Pub. L. 102–393, title III, Oct. 6, 1992, 106 Stat. 1738.
Pub. L. 102–141, title III, Oct. 28, 1991, 105 Stat. 844.
Pub. L. 101–509, title III, Nov. 5, 1990, 104 Stat. 1399.
Pub. L. 101–136, title III, Nov. 3, 1989, 103 Stat. 790.
Pub. L. 100–440, title III, Sept. 22, 1988, 102 Stat. 1728.
Pub. L. 100–202, § 101(m) [title III], Dec. 22, 1987, 101 Stat. 1329–390, 1329–398.
Pub. L. 99–500, § 101(m) [title III], Oct. 18, 1986, 100 Stat. 1783–308, 1783–315, and Pub. L. 99–591, § 101(m) [title III, § 301], Oct. 30, 1986, 100 Stat. 3341–308, 3341–315.
Pub. L. 99–190, § 101(h) [H.R. 3036, title III], Dec. 19, 1985, 99 Stat. 1291.
Pub. L. 98–473, § 101(j) [H.R. 5798, title III], Oct. 12, 1984, 98 Stat. 1963.
Pub. L. 98–151, § 101(f) [H.R. 4139, title III], Nov. 14, 1983, 97 Stat. 973.
Pub. L. 97–377, title I, § 101(a) [incorporating H.R. 4121, title III, for FY 1982], Dec. 21, 1982, 96 Stat. 1830.
Pub. L. 97–92, § 101(a) [H.R. 4121, title III], Dec. 15, 1981, 95 Stat. 1183.
Pub. L. 96–536, § 101(a) [incorporating Pub. L. 96–74, title III], Dec. 16, 1980, 94 Stat. 3166.
Pub. L. 96–74, title III, Sept. 29, 1979, 93 Stat. 563.
Former Presidents; Allowance; Selection, Compensation, and Status of Office Staff; Office Space; Widow’s Allowance, Termination; “Former President” Defined
Pub. L. 85–745, Aug. 25, 1958, 72 Stat. 838, as amended by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 730; Pub. L. 88–426, title I, § 124, Aug. 14, 1964, 78 Stat. 412; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 660; Pub. L. 90–206, title II, § 224(c), Dec. 16, 1967, 81 Stat. 642; Pub. L. 91–231, § 7, Apr. 15, 1970, 84 Stat. 198; Pub. L. 91–658, § 6, Jan. 8, 1971, 84 Stat. 1963; Pub. L. 95–138, § 1, Oct. 18, 1977, 91 Stat. 1170; Pub. L. 103–123, title IV, § 6(a), Oct. 28, 1993, 107 Stat. 1246; Pub. L. 103–329, title V, § 531, Sept. 30, 1994, 108 Stat. 2413; Pub. L. 104–52, title V, § 523, Nov. 19, 1995, 109 Stat. 495; Pub. L. 105–61, title IV, § 409(a), Oct. 10, 1997, 111 Stat. 1299; Pub. L. 108–447, div. H, title V, § 526, Dec. 8, 2004, 118 Stat. 3271, provided that:
“(a)
Each former President shall be entitled for the remainder of his life to receive from the United States a monetary allowance at a rate per annum, payable monthly by the Secretary of the Treasury, which is equal to the annual rate of basic pay, as in effect from time to time, of the head of an executive department, as defined in
section 101 of title 5, United States Code. However, such allowance shall not be paid for any period during which such former President holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate.
“(b)
The Administrator of General Services shall, without regard to the civil-service and classification laws, provide for each former President an office staff. Persons employed under this subsection shall be selected by the former President and shall be responsible only to him for the performance of their duties. Each former President shall fix basic rates of compensation for persons employed for him under this paragraph which in the aggregate shall not exceed $96,000 per annum except that for the first 30-month period during which a former President is entitled to staff assistance under this subsection, such rates of compensation in the aggregate shall not exceed $150,000 per annum. The annual rate of compensation payable to any such person shall not exceed the highest annual rate of basic pay now or hereafter provided by law for positions at level II of the Executive Schedule under
section 5313 of title 5, United States Code. Amounts provided for ‘Allowances and Office Staff for Former Presidents’ may be used to pay fees of an independent contractor who is not a member of the staff of the office of a former President for the review of Presidential records of a former President in connection with the transfer of such records to the
National Archives and Records Administration or a Presidential Library without regard to the limitation on staff compensation set forth herein.
“(c)
The Administrator of General Services shall furnish for each former President suitable office space appropriately furnished and equipped, as determined by the Administrator, at such place within the United States as the former President shall specify.
“(e) The widow of each former President shall be entitled to receive from the United States a monetary allowance at a rate of $20,000 per annum, payable monthly by the Secretary of the Treasury, if such widow shall waive the right to each other annuity or pension to which she is entitled under any other Act of Congress. The monetary allowance of such widow—
“(1)
commences on the day after the former President dies;
“(2) terminates on the last day of the month before such widow—
“(B)
remarries before becoming 60 years of age; and
“(3)
is not payable for any period during which such widow holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate.
“(f) As used in this section, the term ‘former President’ means a person—
“(1)
who shall have held the office of President of the United States of America;
“(2)
whose service in such office shall have terminated other than by removal pursuant to section 4 of article II of the Constitution of the United States of America; and
“(3)
who does not then currently hold such office.
“(g)
There are authorized to be appropriated to the Administrator of General Services up to $1,000,000 for each former President and up to $500,000 for the spouse of each former President each fiscal year for security and travel related expenses: Provided, That under the provisions set forth in section 3056, paragraph (a), subparagraph (3) of title 18, United States Code, the former President and/or spouse was not receiving protection for a lifetime provided by the United States Secret Service under section 3056 paragraph (a) subparagraph (3) of title 18, United States Code; the protection provided by the United States Secret Service expired at its designated time; or the protection provided by the United States Secret Service was declined prior to authorized expiration in lieu of these funds.”
[Pub. L. 95–138, § 2, Oct. 18, 1977, 91 Stat. 1170, provided that:
“The amendment made by the first section of this Act [amending
Pub. L. 87–745, set out above] shall take effect
October 1, 1977.”
]
[For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
