[House Report 106-432]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-432
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AMENDING THE PRESIDENTIAL TRANSITION ACT OF 1963 TO PROVIDE FOR
TRAINING OF INDIVIDUALS A PRESIDENT-ELECT INTENDS TO NOMINATE AS
DEPARTMENT HEADS OR APPOINT TO KEY POSITIONS IN THE EXECUTIVE OFFICE OF
THE PRESIDENT
_______
November 1, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Burton of Indiana, from the Committee on Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 3137]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Reform, to whom was referred
the bill (H.R. 3137) to amend the Presidential Transition Act
of 1963 to provide for training of individuals a President-
elect intends to nominate as department heads or appoint to key
positions in the Executive Office of the President, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
I. Purpose..........................................................2
II. Background and Need for the Legislation..........................2
III. Legislative Hearings and Committee Actions.......................4
IV. Committee Hearings and Written Testimony.........................4
V. Explanation of the Bill..........................................4
VI. Committee Oversight Findings.....................................5
VII. Budget Analysis and Projections..................................5
VIII.Cost Estimate of the Congressional Budget Office.................5
IX. Statement of Constitutional Authority............................6
X. Committee Recommendation.........................................6
XI. Congressional Accountability Act; P.L. 104-1.....................6
XII. Unfunded Mandates Reform Act; P.L. 104-4, Section 423............6
XIII.Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b)......6
XIV. Changes in Existing Law..........................................6
I. Purpose
H.R. 3137, the ``Presidential Transition Act Amendment of
1999'' would amend the Presidential Transition Act of 1963 to
provide for training of individuals a President-elect intends
to nominate as department heads or appoint to key positions in
the Executive Office of the President.
II. Background and Need for Legislation
H.R. 3137, the ``Presidential Transition Act Amendment of
1999'' would allow transition funds to be used for orientations
of high-level, incoming White House appointees, including
Cabinet members. The bill stresses the need for these
orientations to occur between the general election and 30 days
after the incoming President's inauguration. A structured
orientation process would assist new, high-level appointees in
their new capacities. In addition, it is the Committee's
expectation that the President will provide similar
orientations to larger groups of lower level appointees at the
start of the Administration.
Over the years, there have been many examples of missteps
and outright errors made by newly appointed officials at
executive branch agencies and in the White House. However
capable and well-intentioned, new and unseasoned appointees are
especially susceptible to misjudgments that, at a minimum, can
be politically embarrassing, but can also have serious
consequences for a new Administration's credibility.
As we have seen, sometimes the errors tumble out in
misstatements or ill-advised recommendations; other times, they
have resulted in ethical lapses by an appointee who was unaware
of the ethical standards required by Federal law. These errors
could have been avoided if these appointees had properly
understood the scope of their responsibilities. But White House
orientations are virtually non-existent during the transition
period. There has not been enough emphasis on the orientation
process in either Democratic or Republican administrations.
Providing timely orientations to new appointees helps
smooth the transition between Administrations and ensure
continuity in the conduct of business within the Federal
Government. Establishing a formal transition process, however,
requires money. Prior to 1963, the primary source of transition
funding came from the incoming President's political party and
contributions from a volunteer staff.\1\
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\1\ CRS Report for Congress: Presidential Transitions, An Overview
and Bibliography, 1960-1992, Stephanie Smith, Analyst in American
National Government Division, and George Walsher, Senior Bibliographer,
Government and Law Library Services Division, November 17, 1992
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Following a national debate over campaign financing, which
included presidential transition activities, President John F.
Kennedy established the President's Commission on Campaign
Costs in November 1961. The commission was established to make
recommendations on financing the expenses of nominees for the
offices of President and Vice President and other relevant
costs associated with presidential campaigns.\2\
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\2\ Establishing the President's Commission on Campaign Costs.
Executive Order 10974, November 8, 1961. 3 C.F.R. 496 (1959-1963)
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The Commission's final report entitled, ``Financing
Presidential Campaigns'' included a recommendation to publicly
fund presidential transitions. Shortly thereafter, legislation
was approved to provide Federal financial support for the
transition period.\3\
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\3\ U.S. President's Commission on Campaign Costs. Financing
Presidential Campaigns. Washington, U.S. Government Printing Office,
April 1962. p 36.
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The Presidential Transition Act of 1963, signed into law on
March 7, 1964, authorized Federal funding and assistance for
incoming Presidents. The Act authorized the Administrator of
the General Services to provide office space, detail of
personnel, consultant fees, and travel expenses for the
incoming President and Vice President. It also authorized the
outgoing President and Vice President to use transition funds
for a period of up to seven months. The Act authorized an
appropriation of $900,000, to be divided equally between
incoming and outgoing Administrations.
In 1970, the General Accounting Office filed a report
recommending that the $900,000 limit be increased due to the
escalating costs associated with the transition period.\4\ The
Act was amended in 1976 to increase the transition funds to $2
million for the incoming President and Vice President and to $1
million for the outgoing President and Vice President. The
Amendment also provided that the incoming Administration could
use Federal employees as White House detailees on a
reimbursable basis.
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\4\ U.S. General Accounting Office. Federal Assistance for
Presidential Transitions. Washington, U.S. Government Printing Office,
November 16, 1970.
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Again concerned that future Presidents would have to raise
private funds to finance the transition period, Congress passed
the Presidential Transitions Effectiveness Act of 1988. This
law increased transition funding to $3.5 million for the
incoming President and Vice President and $1.5 million for the
outgoing President and Vice President.
The legislation provided that the incoming President and
Vice President could use the funds from the day after the
general election to 30 days after inauguration. The outgoing
President and Vice President could use the funds for a 6 to 7
month period, beginning one month prior to inauguration. In
years that a Vice-President is elected President, the funding
level was set at $1.25 million. Again, these figures were to be
adjusted for inflation. The 1988 Act also included a provision
requiring public disclosure of the names of all transition
personnel and private contributors. In addition, the
legislation required that all pre-election transition funds
must be acquired privately.
The 1999 amendment to the Presidential Transition Act of
1963 would authorize the use of transition funds for the
purpose of providing formal orientations for individuals the
President-elect plans to nominate and appoint to top White
House positions, including Cabinet positions. This legislation
only affects the top political appointments in the White House,
and it would give greater assurance that the orientation
process would take place before or shortly after the incoming
President assumes office. It would also increase the time and
likelihood that a larger orientation process would be put in
place for lower level political appointments.
III. Legislative Hearings and Committee Actions
H.R. 3137, the ``Presidential Transition Act Amendment of
1999,'' was introduced October 25, 1999, by Representative
Stephen Horn of California. On October 13, 1999, the
Subcommittee on Government Management, Information, and
Technology held a legislative hearing on the bill, which was
still in draft form. After the bill's introduction, the
subcommittee held a business meeting on October 26, 1999, to
mark up H.R. 3137. The legislation passed unanimously by voice
vote and was reported to the full Committee on Government
Reform. H.R. 3137 was considered by the full Committee on
Government Reform on October 28, 1999, and was passed
unanimously by voice vote.
IV. Committee Hearings and Written Testimony
On October 13, 1999, the Subcommittee on Government
Management, Information, and Technology conducted a legislative
hearing on H.R. 3137 while the bill was still in its draft
form. The hearing examined various issues involving
presidential transitions. Witnesses testified regarding the
intent of the bill, the bill's objectives and provisions, and
suggested changes.
A number of distinguished witnesses testified in support of
the legislation, including the Honorable Elliot Richardson,
former Attorney General to President Nixon, and the Honorable
Lee White, former Assistant Counsel to President Kennedy and
Counsel to President Lyndon Johnson. Each of these witnesses
presented a unique perspective of the presidency and the
transition period. Both said that the legislation is an
important step toward preventing future missteps by political
appointees.
In addition, the subcommittee heard from three other
witnesses who supported the legislation: Dwight Ink, former
Acting Director of the Office of Management and Budget; Paul
Light, Director of the Center for Public Service at The
Brookings Institution; and Norman J. Ornstein, Resident Scholar
at the American Enterprise Institute for Policy Research.
Additional written testimony supporting the legislation was
submitted for the record by General Andrew Goodpastor, Staff
Secretary to President Eisenhower, the Honorable John Gardner,
Secretary of Health, Education, and Welfare for President
Lyndon Johnson, and the Honorable Pendleton James, Director of
Presidential Personnel for President Reagan.
V. Explanation of the Bill
The 1999 amendment to the Presidential Transition Act of
1963 would authorize the use of transition funds for the
purpose of providing orientations for individuals the
President-elect plans to nominate and appoint to top White
House positions, including Cabinet positions. This legislation
only affects the top political appointments in the executive
branch agencies and in the Executive Office of the President,
and it would give greater assurance that the orientation
process would take place before or shortly after the incoming
President assumes office. It is the Committee's expectation
that this would also lead to a larger orientation process for
lower level political appointments.
VI. Committee Oversight Findings
Pursuant to rule XIII, clause 3(c)(1), of the Rules of the
House of Representatives, the results and findings for those
oversight activities are incorporated in the recommendations
found in the bill and in this report.
VII. Budget Analysis and Projections
Clause 3(c)(2) of rule XIII, of the Rules of the House of
Representatives, is inapplicable because the bill does not
provide new budget authority, new spending authority, new
credit authority, or an increase or decrease in revenues or tax
expenditures.
VIII. Cost Estimate of the Congressional Budget Office
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 29, 1999.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3137, a bill to
amend the Presidential Transition Act of 1963 to provide for
training of individuals a President-elect intends to nominate
as department heads or appoint to key positions in the
Executive Office of the President.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3137--A bill to amend the Presidential Transition Act of 1963 to
provide for training of individuals a President-elect intends
to nominate as department heads or appoint to key positions in
the Executive Office of the President
H.R. 3137 would clarify that a newly elected President may
use funds authorized under the Presidential Transition Act of
1963 to provide training to individuals that he or she intends
to nominate as department heads or appoint to key positions in
the Executive Office of the President. Because any additional
training would apply to relatively few individuals, CBO
estimates that implementing the bill would not significantly
affect the costs of Presidential transitions. Any increase in
costs would be subject to the availability of appropriated
funds. Because the bill would not affect direct spending or
receipts, pay-as-you-go procedures would not apply. H.R. 3137
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would not
affect the budgets of state, local, or tribal governments.
The CBO staff contact is John R. Righter. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
IX. Statement of Constitutional Authority
Pursuant to rule XIII, clause 3(d)(1), the Committee finds
that clauses 1 and 18 of Article I, Section 8 of the U.S.
Constitution grant Congress the power to enact this law.
X. Committee Recommendation
On October 28, 1999, a quorum being present, the Committee
on Government Reform ordered the bill favorably reported by
voice vote to the House for consideration.
XI. Congressional Accountability Act; Public Law 104-1
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of Section
102(B)(3) of the Congressional Accountability Act (P.L. 104-1).
XII. Unfunded Mandates Reform Act; Public Law 104-4, Section 423
The Committee finds that the legislation does not impose
any Federal mandates within the meaning of Section 423 of the
Unfunded Mandates Reform Act (P.L. 104-4).
XIII. Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b)
The Committee finds that the legislation does not establish
or authorize establishment of an advisory committee within the
definition of 5 U.S.C. App., Section 5(b).
XIV. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PRESIDENTIAL TRANSITION ACT OF 1963
* * * * * * *
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Presidential Transition Act of
1963.''
* * * * * * *
services and facilities authorized to be provided to presidents-elect
and vice-presidents-elect
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 President-elect
and each Vice-President-elect, for use in connection with his
preparations for the assumption of official duties as President
or Vice President necessary services and facilities,
[including--] 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 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 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 Vice-President-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 the Civil
Service Retirement Act, the Federal Employees'
Compensation Act, the Federal Employees' Group Life
Insurance Act of 1954, and the Federal Employees 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),[;].
(4)(A) 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[;].
(B) When requested by the President-elect or Vice-
President-elect 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 other occupying space on
chartered aircraft shall be deposited to the credit of
the appropriations made under section 6 of this Act[;].
(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)[;].
* * * * * * *
(8)(A) 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 when they make the transition
from campaign and other prior activities to assuming
the responsibility for governance after inauguration,
including interchange with individuals who held similar
leadership roles in prior administrations, agency or
department experts from the Office of Management and
Budget or an Office of Inspector General of an agency
or department, and relevant staff from the General
Accounting Office.
(B) Activities funded 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.