Office of the President-Elect (in case freeper types take issue with President Elect Obams podium)

[davepc]

http://www.gsa.gov/Portal/gsa/ep/contentView.do?noc=T&contentType=GSA_BASIC&contentId=24780

Presidential Transition Act of 1963

Eighty-eighth Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the seventh day of January, on one thousand nine hundred and sixty-four


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 “President Transition Act of 1963”

PURPOSE OF THIS ACT

Sec. 2. The Congress declares it to be the purpose of the 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 United States and its people. Accordingly, it is the intent of the 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 the 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 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-

(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 or non reimbursable basis with the consent of the head of the agency; and while so detailed such employee shall be responsible only to the President 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 Employee’s 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), 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 President-elect or Vice-President-elect;

(6) Payment of expenses for necessary printing and binding, notwithstanding the Act of January 12th, 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 the 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 Vice-President-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 the President and Vice President, respectively, as ascertained by the Administrator following the general elections held to determine the electors of the President and Vice-President in accordance with title 3, United States code, sections 1 and 2.

(d) Each 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 n title 39, United States Code, section 4152. Each Vice-President-elect shall be entitled to conveyance within the United States and its territories and possession 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 or in the case where the Vice-President-elect is the incumbent Vice President, there shall be no expenditures or funds for the provisions 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

[Ichingcarpenter]

1. Good find because you know Rush, Hannity and O'really

will try to make something of it.

[GreenPartyVoter]

5. I think Malkin already did.

[loyalkydem]

2. any bets

this makes the Countdown tonight LOL

[dougbkk]

3. There is no "Office of the President-Elect"

Apparently the podium sign raised some issue for you, since you went to the trouble to look up the statute and post it.

The Presidential Transition Act provides formal support for the transition. It does not create or even refer to an "Office of the President Elect." There is no such office or position in the government. The references to "office" mean physical office space, not a government position.

"President-Elect" is not even a formal position, under this statute or anywhere else in the law. The term President-Elect refers to the person who is the "apparent successful candidate" in the election (as this statute says, in section 3(c)). It is not a government position.

[Name removed]

4. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[WeDidIt]

6. Apparently, you outted yourself on your first post

Man, you'll be pushing up daisies in no time.

BTW, there most certainly is an office of the President Elect. It's a private office and is located in Chicago, Illinois.

You'd better get used to it and get over it.

[dougbkk]

9. You confirmed my point

It's a location, not a position. That's my point.

[yellowcanine]

7. 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 the President and Vice President, respectively,.....


I believe this passage refutes a couple of your points

1) "President-elect" is defined in the act so your point about "official position" is splitting hairs. The effect is the same.

2)The act clearly uses the term "office" as in "office of the President" as a position occupied by a person, so your objection to it being used that way is again, an exercise in splitting hairs.

"Doug the Hair Splitter"?

[dougbkk]

11. Your statutory anaylsis is thin

"President elect" is defined as the person who apparently won the election. It's not defined as a position in government. This is not splitting hairs; it's the basic point.

As you say, the act uses the term "office" as in "office of the President". Exactly. There is such an office (as in position in government). The act does not use the term "Office of the President Elect."

Obviously, there is a president-elect, and he has an office -- probably several offices. However there is no position of "office of the president-elect".

Senator Obama was ridiculed during the campaign for using a faux seal (resembling the seal of the president), and he stopped using it. The banner refers to a faux office. He does not need it; he is universally recognized as having won the election and does not need such banners to remind anyone.

He already has our respect for what he's accomplished, for being elected the next president. The banner won't add to that, and has drawn unnecessary ridicule.

[Hippo_Tron]

16. The word "Office" does not inherently mean "Position"

Office can refer to the position but it can also refer to the staff and entities controlled by that position, for example, "The Executive Office of the President". Obama is has chosen to call his transition team "The Office of the President Elect". It is not an official government office and Obama does not imply that it is. It is a means by which Obama is making the transition process open to the public and encouraging their participation.

[dougbkk]

17. That's a good analysis

That is a good analysis of the situation. But I think the banner and reference to the "office" are overkill. He doesn't need a sign to show his importance or power, and I think it's a jarring sight that implies a lack of confidence and a feeling that he needs to remind people who he is. He only needs to BE presidential, which he is clearly capable of doing; he doesn't need a sign to say it -- and a sign can never adequately say it. This goes back to my first point -- in response to the original post -- that the original poster apparently felt the need to explain the banner.

[NYC Liberal]

10. Why does it have to be an "official" position anyway?

Whether it was created by statute or by Obama for the purpose of their transition work, it doesn't matter.

[dougbkk]

13. It matters because it's drawn ridicule as being gauche

Consider the picture with O at the podium, surrounded by the best and brightest minds in the party. Consider that picture with and without the banner. Without the banner, it is no less impressive. The banner adds nothing; it is unnecessary, a bit gauche.

[NYC Liberal]

14. I haven't seen it drawing any ridicule, actually.

Searching for "office of the president elect" on Google News only brings up one site, some right-wing blog, mentioning it. Googling it brings up either news articles simply mentioning it as added description of the scene, or, again, right-wing blogs.

[msallied]

15. Your jealousy is noted.

[Genevieve]

12. mccain lost!

:hi:

[CitizenPatriot]

8. he's audacious, our man

and he's our president.

I loved the podium for many reasons, not the least of which it clearly spelled out his job description right now, so that no one could play parts of the presser and take it out of context. He is not the acting president right now. having that written below him the entire time is very helpful, esp in times like these.

THe guy just gets branding and the importance of message. No foreign country is going to be watching this and misreading the cues, because it says right there what his position is.

and plus, it's communicative. GOd, how long has it been since the person speaking made any fucking sense at all?

He's really very adept at this. I am even more excited about him after his presser than I was before.

[kevinds13]

18. They'd be idiots to make an issue of this.

Barack Obama = President-Elect.

His office, therefore, would be the Office of the President-Elect. Fucking semantics could have clued them in to that.