Presidential Transition Improvement Act

Successful presidential transitions are at the core of our democratic process and are vital to effectuate the will of the voters. To ensure that the executive branch can act effectively after the Inauguration on January 20, the winning candidate needs time and certain tools to prepare. This work includes learning about key national security threats, compiling lists of candidates for Cabinet and sub-Cabinet posts and beginning their vetting and security clearance processes, organizing the White House and key offices, and beginning to create the new Administration’s first budget proposal.

Following the contentious 2020 presidential election and transition, Congress acted on a bipartisan basis to improve the laws governing this important period. The most prominent effort was updating the antiquated law governing the casting and counting of electoral votes, with a law called the Electoral Count Reform Act. At the same time, lawmakers also updated another aspect of the presidential transition process – the rules by which the federal government acknowledges the winning candidate and provides transition resources. The new rules seek to clarify the timing and triggers for the federal government to provide transition resources, and ensure that a close election does not unduly delay a smooth transition process. They also seek to add accountability to the determination by requiring ongoing reporting about the decision process.

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