B. TEXT OF PUBLIC LAW 88-277

Public Law 88-277

88th Congress, H. R. 4638

March 7, 1964

An 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.

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."

PURPOSE OF THIS ACT

Presidential Transition Act of 1963.

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 78 STAT. 153. United States and its people. Accordingly, it is the intent of the 78 STAT. 154. 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 PRESIDENTS-ELECT

AND VICE-PRESIDENTS-ELECT

SEC. 3. (a) The Administrator of General Services, referred to Administrator of hereafter in this Act as "the Administrator," is authorized to provide, General Services. upon request, to each President-elect and each Vice-President-elect, Authority. for use in connection with his preparations for the assumption of off

cial duties as President or Vice President necessary services and

facilities, including

(1) Suitable office space appropriately equipped with furniture, office space. 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-Presidentelect shall designate;

(2) Payment of the compensation of members of office staffs office staffs, designated by the President-elect or Vice-President-elect at rates salaries. determined by them not to exceed the rate provided by the Classification Act of 1949, as amended, for grade GS-18: Provided, 76 Stat. 843. That any employee of any agency of any branch of the Govern- 5 USC 1113. ment may be detailed to such staffs on a reimbursable or nonreimbursable 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

5 USC 2251, 751, 2091, 3001 notes.

Experts or oonsultants.

60 Stat. 810.

Travel expen

ses.

78 STAT. 154. 78 STAT. 155. 60 Stat. 8083 75 Stat. 339, 340.

Communications services.

Printing and binding. Postage.

Restriction.

62 Stat. 672.

Definitions.

Penalty mail.

74 Stat. 660.

Assistant, designation.

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 Presidentelect 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), at rates not to exceed $100 per diem for individuals;

(4) 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;

(5) Communications services found necessary by the Presidentelect 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);

(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.

(b) The Administrator shall expend no funds for the provision of services and facilities under this Act in connection with any obligations incurred by the President-elect or Vice-President-elect before the day following the date of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2, or after the inauguration of the President-elect as President and the inauguration of the VicePresident-elect as Vice President.

(c) The terms "President-elect" and "Vice-President-elect" as used in this Act shall mean such persons as are the apparent successful candidates for the office of President and Vice President, respectively, as ascertained by the Administrator following the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2.

(d) Ench President-elect 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. Each Vice-President-elect 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 President-elect and Vice-President-elect 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 President-elect or Vice-President-elect may be made upon the basis of a certificate by him or the assistant designated by him 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) In the case where the President-elect is the incumbent President Nonapplicability. or in the case where the Vice-President-elect is the incumbent Vice President, 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.

SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO FORMER
PRESIDENTS AND FORMER VICE PRESIDENTS

SEC. 4. The Administrator is authorized to provide, upon request, to each former President and each former Vice President, for a period not to exceed six months from 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 Presidents-elect and Vice-Presidents-elect. 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.

AUTHORIZATION OF APPROPRIATIONS

SEC. 5. There are hereby authorized to be appropriated to the Administrator such funds as may be necessary for carrying out the purposes of this Act but not to exceed $900,000 for any one Presidential transition, to remain available during the fiscal year in which the transition occurs and the next succeeding fiscal year. The President shall include in the budget transmitted to the 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. Approved March 7, 1964.

78 STAT. 155.

78 STAT. 156.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 301 (Comm. on Government Operations), No. 1148
(Comm. of Conference).

SENATE REPORT No. 448 (Comm. on Government Operations).
CONGRESSIONAL RECORD

Vol. 109 (1963): July 25, considered and passed flouse.

Oot, 17, considered and passed Senate amended. Vol. 110 (1964): Feb. 24, Senate agreed to conference report. Feb. 25, Ilouse agreed to conference report.

X. AUTOMATIC DATA PROCESSING ACT

(79 Stat. 1127)

This act was the result of the enactment of H.R. 4845, 89th Congress. It was approved on October 30, 1965, as Public Law 306, 89th Congress. The text of the act appears in volume 79, Statutes at Large, pages 1127-1129. Its provisions are codified as 5 U.S.C. 630-630g-1.

A. LEGISLATIVE HISTORY OF PUBLIC LAW 306, 89TH CONGRESS

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.

(Page citations are to daily Congressional Record)

H.R. 4845: Mr. Brooks; February 11, 1965 (Government Operations). Reported in House with amendment August 17, 1965 (H. Rept. 802), 20046. House Resolution 550 reported August 26, 1965 (H. Rept. 887), 21161. House Resolution 550 agreed to September 2, 1965, 21971. Debated September 2, 1965, 21971-21972, 21990-21995. Passed House with amendment September 2, 1965, 21995. Referred to Senate Committee on Government Operations September 7, 1965, 22059. Reported in Senate October 22, 1965 (S. Rept. 938), 27342. Passed Senate October 22, 1965, 27221. Cleared for President October 22, 1965, 31055. Approved October 30, 1965 (Public Law 306).

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 306, 89TH CONGRESS

House Report 802, 89th Congress, 12665-5.
Senate Report 938, 89th Congress, 12662–6.

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 306, 89TH CONGRESS

House Committee on Government Operations, 89th Congress, on H.R. 4845: Automatic data processing equipment, March-April 1965.

B. TEXT OF PUBLIC LAW 89-306

Public Law 89-306

89th Congress, H. R. 4845
October 30, 1965

An Act

To provide for the economic and efficient purchase, lease, maintenance, operation, and utilization of automatic data processing equipment by Federal departments and agencies.

79 STAT. 1127

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That title I of the Automatio data Federal Property and Administrative Services Act of 1949 (63 Stat. processing 377), as amended, is hereby amended by adding a new section to read equipment. as follows:

"AUTOMATIC DATA PROCESSING EQUIPMENT

"SEC. 111. (a) The Administrator is authorized and directed to coordinate and provide for the economic and efficient purchase, lease, and maintenance of automatic data processing equipment by Federal agencies.

"(b)(1) Automatic data processing equipment suitable for efficient and effective use by Federal agencies shall be provided by the Administrator through purchase, lease, transfer of equipment from other Federal agencies, or otherwise, and the Administrator is authorized and directed to provide by contract or otherwise for the maintenance and repair of such equipment. In carrying out his responsibilities under this section the Administrator is authorized to transfer automatic data processing equipment between Federal agencies, to provide for joint utilization of such equipment by two or more Federal agencies, and to establish and operate equipment pools and data processing centers for the use of two or more such agencies when necessary for its most efficient and effective utilization.

"(2) The Administrator may delegate to one or more Federal agencies authority to operate automatic data processing equipment pools and automatic data processing centers, and to lease, purchase, or maintain individual automatic data processing systems or specific units of equipment, including such equipment used in automatic data processing pools and automatic data processing centers, when such action is determined by the Administrator to be necessary for the economy and efficiency of operations, or when such action is essential to national defense or national security. The Administrator may delegate to one or more Federal agencies authority to lease, purchase, or maintain automatic data processing equipment to the extent to which he determines such action to be necessary and desirable to allow for the orderly implementation of a program for the utilization of such equipment.

Purchase and utilization.

5 USC 630-630g-1.

"(c) There is hereby authorized to be established on the books ADP fund, estabof the Treasury an automatic data processing fund, which shall be lishment. available without fiscal year limitation for expenses, including personal services, other costs, and the procurement by lease, purchase, transfer, or otherwise of equipment, maintenance, and repair of such equipment by contract or otherwise, necessary for the efficient coordination, operation, utilization of such equipment by and for Federal

agencies: Provided, That a report of equipment inventory, utiliza- Equipment acquition, and acquisitions, together with an account of receipts, disburse- sitions and util ments, and transfers to miscellaneous receipts, under this authoriza- ization.