PRESIDENTIAL TRANSITIONS EFFECTIVENESS

ACT

WEDNESDAY, MARCH 16, 1988

HOUSE OF REPRESENTATIVES,

LEGISLATION AND NATIONAL SECURITY SUBCOMMITTEE

OF THE COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, DC.

The subcommittee met, pursuant to notice, at 9:45 a.m., in room 2154, Rayburn House Office Building, Hon. Jack Brooks (chairman of the subcommittee) presiding.

Present: Representatives Jack Brooks, Barney Frank, Robert E. Wise, Jr., Gerald D. Kleczka, Frank Horton, and Robert S. Walker. Subcommittee staff present: Chris Aldridge, professional staff member; full committee staff: Robert H. Brink, professional staff member; Marilyn Jarvis, staff member; and Martha Morrison, minority professional staff, Committee on Government Operations.

OPENING STATEMENT OF CHAIRMAN BROOKS

Mr. BROOKS. This morning the Subcommittee on Legislation and National Security will consider the bill H.R. 3932, Presidential Transitions Effectiveness Act of 1988. It will amend the Presidential Transition Act of 1963 that came out of this committee. It will authorize funding for the transition activities of the incoming and outgoing administrations following next November's election.

The 1963 act reflects the fact that the American people have a stake in assuring that the changeover from one Presidential administration to its successor is accomplished as smoothly as possible. It also provides a limited amount of Federal funds to both the incoming and outgoing President and Vice President. It enables the new Chief Executive to study the operations of the major executive agencies and recruit some of the top-level personnel to head those agencies. And it permits the outgoing President to close his administration's office operations efficiently.

H.R. 3932 continues the authorization of $1 million for the outgoing President. That should be adequate to wind down expenses until the Former Presidents Act of 1958 goes into operation 6 months after he leaves office. The authorization for the Transition Act hasn't been changed since the Ford-Carter transition in 19761977, and this new bill increases the funding for the Presidentelect's transition activities to $32 million. It also provides for this figure to be adjusted in the future to reflect inflation in the cost of transition services and expenses.

(1)

The object of this increase is simply to eliminate the need to seek any private funding for this public function. If any private funding is used for transition purposes, the bill requires disclosure of its source. It also requires disclosure of a limited amount of information about individuals who are given the power to contact Federal agencies on behalf of the incoming administration. It also authorizes the provision of Government aircraft to the transition on a reimbursable basis, and allows the payment of relocation expenses to transition personnel who do in fact take jobs within the new administration.

[The bill, H.R. 3932, follows:]

I

100TH CONGRESS 2D SESSION

H. R. 3932

To amend the Presidential Transition Act of 1963 to provide for a more orderly transfer of executive power in connection with the expiration of the term of office of a President.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 9, 1988

Mr. BROOKS (for himself and Mr. HORTON) introduced the following bill; which was referred to the Committee on Government Operations

A BILL

To amend the Presidential Transition Act of 1963 to provide for a more orderly transfer of executive power in connection with the expiration of the term of office of a President.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE.

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This Act may be cited as the "Presidential Transitions

5 Effectiveness Act".

6 SEC. 2. PRESIDENTIAL TRANSITION PLANNING AUTHORI

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ZATIONS.

Section 5 of the Presidential Transition Act of 1963 (3

9 U.S.C. 102, note) is amended

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(1) by redesignating such section as section 6;

(2) by inserting "(a)" after the section designation;

(3) in paragraph (1), by striking out “$2,000,000” and inserting in lieu thereof "$3,500,000"; and

(4) by adding at the end thereof the following new subsection:

"(b) The amounts authorized to be appropriated under 8 subsection (a) shall be increased by an inflation adjusted 9 amount, based on increases in the cost of transition services 10 and expenses which have occurred in the years following the 11 most recent Presidential transition, which shall be included in 12 the budget transmitted to the Congress under the provisions 13 of section 1105 of title 31, United States Code, by the Presi14 dent for each fiscal year preceding the fiscal year in which 15 the term of office of such President shall expire.".

16 SEC. 3. PRESIDENTIAL TRANSITION PLANNING AND EX

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PENSES.

The Presidential Transition Act of 1963 (3 U.S.C. 102, 19 note) is further amended by inserting after section 4 the fol20 lowing new section:

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"DISCLOSURES OF FINANCING AND PERSONNEL

"SEC. 5. (a)(1) The President-elect and Vice President23 elect (as a condition for receiving services under section 3 24 and for funds provided under section 6(a)(1)) shall disclose to 25 the Administrator the date of contribution, source, amount, 26 and expenditure thereof of all money, other than funds from

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1 the Federal Government, and including currency of the 2 United States and of any foreign nation, checks, money 3 orders, or any other negotiable instruments payable on 4 demand, received either before or after the date of the gener5 al election for use in the preparation of the President-elect or 6 Vice President-elect for the assumption of official duties as 7 President or Vice President.

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"(2) 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 Presidentelect as President and the Vice President-elect as Vice

President; and

"(B) made available to the public by the Adminis

trator upon receipt by the Administrator.

"(b)(1) The President-elect and Vice President-elect (as

16 a condition for receiving services provided under section 3 17 and funds provided under section 6(a)(1)) shall make available 18 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 President-elect or Vice President-elect's Federal department

or agency transition teams; and

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