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The transfer of power from one Administration to the next marks a significant moment in U.S. history. The U.S. General Services Administration has held a prominent role in the peaceful transition of authority between the incoming and outgoing Administrations since enactment of the Presidential Transition Act of 1963. As transition-focused legislation has been amended to improve the presidential transition process, GSA’s role has grown and evolved. During a Presidential transition, GSA provides support to eligible candidates, Inter-agency Transition teams, the Presidential Inauguration effort, and the outgoing President and Vice-President. Support for the outgoing President and Vice-President are only provided in the event of a change of Administration. Additionally, the Act requires regular reporting to Congress on the status of transition planning. These reports can be found at gsa.gov/presidentialtransition.
GSA provides, upon request, pre- and post-election services and facilities to each eligible candidate for use in preparing to assume their official duties. Those services and facilities include suitable office space appropriately equipped with furniture, furnishings, office and IT equipment, and incidental office supplies. Per the Presidential Transition Act, pre-election services are offered to the eligible candidate teams within three business days after the last nominating convention, and become available after the eligible candidate transition teams and GSA have fully executed a Memorandum of Understanding outlining the terms and conditions of all GSA space and service offerings (per the Act, eligible candidates include the two major party candidates).
GSA also provides, upon request, post-election services and facilities to eligible candidates for use in preparing to assume their official duties. Those services and facilities include: suitable office space appropriately equipped with furniture, furnishings, office and IT equipment, office supplies, fleet vehicles, and mail management; payment of compensation for office staffs; payment of expenses for the procurement of experts or consultants and communication services; and payment of travel, subsistence, printing, postal, and other expenses as necessary and appropriate.
The GSA Administrator appoints a Federal Transition Coordinator to serve as a senior career official responsible for coordinating transition activities for federal agencies and the transition teams of eligible candidates.
The White House Transition Coordinating Council provides guidance to agencies in gathering briefing materials and information relating to the Presidential transition and succession planning that may be requested by eligible candidates. The Agency Transition Directors Council, which the Federal Transition Coordinator co-chairs, facilitates inter-agency coordination.
GSA provides, upon request, services and facilities in support of the transition of each outgoing President and Vice-President. Those services and facilities include space, communication systems, IT support, financial management, human resources management, telephones, furniture, vehicles, office equipment, mail management, and administrative support services (such as payroll, financial services, and contracting). GSA also works with the National Archives and Records Administration as necessary, to provide support to the former Presidents in the establishment and maintenance of their libraries. These services are only provided in the event of a change of Administration.
Congress has given GSA a specific administrative role during presidential transitions: to provide, upon request, pre-election and post-election space and support services to eligible candidates.
Outside of GSA’s role, access to agency personnel, facilities, and briefing materials is governed by a memorandum of understanding between the White House and the transition representative of eligible candidates. The U.S. Department of Justice is separately responsible for security clearances for transition personnel.
The President also establishes transition councils to help ensure a coordinated transition effort. The White House Transition Coordinating Council provides guidance regarding transition preparations, including succession planning and preparation of briefing materials. The Agency Transition Directors Council ensures the federal government has an integrated strategy for addressing interagency challenges and responsibilities.
The Presidential Transition Improvement Act (P.L. 117-328) updated the framework for providing eligible candidates with timely access to transition services and discontinued the previous process of “ascertainment.” Under the new law, post-election transition services are available immediately after the election, following a concession. Absent a concession within 5 days of the election, services are available automatically for all eligible candidates – and conclude for all but one apparent successful candidate when Congressionally established factors are met.
As a result of this change, an affirmative “ascertainment” by GSA is no longer a prerequisite for obtaining transition support services.
For the full language of the law, see the Presidential Transition Improvement Act of 2022, which was passed as part of the Consolidated Appropriations Act, 2023 (Public Law 117-328).
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U.S. General Services Administration