Understanding the U.S. Presidential Transition Process

**NRSKarenRN**, BSN, RN

Not many U.S. citizens are aware of the Presidential Transition Act of 1963 and the process of transition from one Presidential Administration to another.

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In passing the Presidential Transition Act of 1963, Congress explained: “Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people.” To promote the orderly transfer of power, Congress established a framework for the federal government to prepare for a transition from one president to another.With strong bipartisan support, the Act has been amended over the years to recognize the increasing complexities of presidential transitions.

The Act establishes an early and organized cadence for the federal government’s transition planning:

Before the election, each agency must designate a senior career official who will be in charge of transition planning, prepare transition briefing materials, and ensure that succession plans are in place so that as political appointees depart, career officials are prepared to step in place until new political appointees arrive.

Six months before an election, the President must establish a White House Transition Coordinating Council, chaired by a senior employee of the Executive Office of the President and consisting of other high-level officials, such as cabinet officers; the Directors of the Office of Management and Budget, the Office of Personnel Management, the Office of Government Ethics; the Administrator of GSA; and the Archivist of the United States. A transition representative of the major candidates also sits on the council. The council provides guidance to agencies on transition and facilitates communications between the administration and the transition teams.

The Act requires a standing Agency Transition Directors Council, co-chaired by GSA’s Federal Transition Coordinator and the Office of Management and Budget’s Deputy Director for Management, and including agency senior career officials responsible for transition activities as well as transition representative of the major candidates. This working-level council works toward an integrated, government-wide approach to transition and ensures that briefing materials are prepared.

This Act is periodically updated by Congress, last time in 2015.

WHAT IS ASCERTAINMENT?

The formal presidential transition begins when the administrator of the federal General Services Administration (GSA), currently Emily Murphy a Trump appointee, ascertains the “apparent successful candidate” in the general election and issues a letter to all federal government departments. Neither the Presidential Transition Act nor federal regulations specify how that determination should be made. This letter green lights the entire federal government’s actions to prepare for a handover of power.

GSA Administrator in the Obama Administration, Denise Turner Roth, ascertained Trump within 24hrs of TV stations stating he was projected winner, other governments congratulated him and Hillary conceded to Trump per her MSNBC conversation this evening. Ms. Murphy has declined to ascertain and issue a letter re Joe Biden/Kamala Harris assuming the Presidency /Vice-Presidency in 2021, in part as President Trump is suing various states claiming election irregularities.

What's the Role of the General Services Administration?

The Act requires GSA to provide office space and administrative support (such as information technology and communications capabilities, secure email accounts, preliminary FBI clearance for transition staff) to a president-elect and vice president-elect and, recognizing a growing need for transition activities to start well before election day. The Act requires GSA to offer office space and support to major candidates in the months preceding the election, following the political conventions. In the post-election period, GSA is authorized to pay expenses for staff, experts, postage, and travel for the transition team of the president-elect, when the president-elect is not a president who has been re-elected. Use of government aircraft also may be provided on a reimbursable basis.

The law requires the GSA Administrator to designate a senior career official to serve as the Federal Transition Coordinator, who coordinates transition planning across agencies. Senior GSA official Mary Gibert serves as the 2020 Federal Transition Coordinator, a position she held during the Obama-Trump transition.

Trump administration spins up a presidential transition

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...Chief of staff Mark Meadows chairs the White House council, which also includes deputy chief of staff for policy coordination Chris Liddell, acting OMB Director Russell Vought, deputy chief of staff for operations Tony Ornato, counsel Pat Cipollone and director of the presidential personnel office John McEntee, among others.

...GSA has also picked the Commerce Department headquarters in downtown Washington as transition office space for the Democratic nominee, presumably Biden. To meet the operational needs of the candidate, the agency is updating the space to prepare it for the nominee’s transition staff -- which could number 100 or more people -- to occupy it on Sept. 1.. Has not occurred due to lack of Trump Admin acknowledgement of new Biden Administration.

Former Delaware Sen. Ted Kaufman, long term Biden advisor, is in charge of the Bidden-Harris Transition team. Issue now for them is the need for access to government computer systems along with secure email accounts so transition staff can contact major Federal Government departments to establish meetings, get updates and review policies to begin planning for the Admin change on 1/20/2021 along with funding. In 2016, 9 million was allotted for the Trump transition; FY 2020 appropriation is $9.62 million. Since the nation is in the second stage of a worldwide COVID-19 pandemic with rapidly rising positive cases, increased hospitalizations and deaths, it is imperative that Presidential Transition ascertainment occurs this week as only 71 days left to January 20th, 2021 Presidential Inauguration.

Understanding the U.S. Presidential Transition Process

Understanding the U.S. Presidential Transition Process

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