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H.R. 4638 (88th): 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


The text of the bill below is as of Mar 7, 1964 (Passed Congress).


78 STAT.]         PUBLIC LAW 88-277-MAR. 7, 1964                                                153
                                                                                   Information to
   " ( h ) Eti'ec'tive lH»^iniiiiiji; with the nominations foi- appointinejit to ^^^
(he Academy in tlie calejidar yeai- 19H4, tlie Secretary of tlie Air Force
shall furnish to any Member of Conjj:ress, upon the written request of
such .Xfember, the name of tlie Congressman or otlier nominating*:
authority responsible for tlie iiomination of any named or identitied
]M.n'son for appointment to the Academy."
          (2) The t<ixt of section 9H4H is amended to read as follows:             70A Stat. 564.
               "If it is deternjined that, npon the admission of a new A             lternates.
                                                                                   Appointment.
            class to the Academy, the number of cadets at the Academy
            will be below the authorized number, the Secretary of the
            Air Force niAj fill the vacancies by jiominating additional
            cadets from qualified candidates designated as aUernates and
            from other qualified candidates who competed for ncmii-
            nation and are recommended and fomid ([ualified by the
            faculty. A t least three-fourths of those nominated muler
            this section shall be sele^'ted from qualified alternates nomi-
            nated by the persons named in clauses (•2)-(H) of section
            9342(a) of this title, and the remainder from qualified candi-
            dates holding competitive nominatiotis.under any other pro-
            vision of law. An appointment under this section is an
            additional appointment and is not in place of an a])pointment
            otherwise authorized by law."
   SEC. 5. (a) Paragraph (2) of section 4348, paragraph (2) of section
f)959, and paragraph (2) of section 9348 of title 10 of the United
States Code are each amended by striking out "three" and inserting
in lieu thereof "five".
    (b) The fourth sentence of section 182 of title 14 of the I 'nii^'il States
Code is amended by striking out "four" and inserting in lieu theret»f 63 Stat. 508.
"five".
    (c) The amendmeutte made by this section shall apply only with Applicability.
respect to cadets and midshii)men appointed to the service academies
and the Coast Guard Academy after the date of enactment of this Act,
and shall not affect the obligated period of service of any cadet or
midshipman appointed to one of the service academies or the Coast
Guard Academy on or before the date of enactment of this Act.
   Approved March 3, 1964.


Public Law 88-277
                                   AN ACT                                           March 7, 1964
To promote the orderly transfer of the executive power in connection with the       [H. R. 4638]
  expiration of the term of oflSee of a President a n d the inauguration of a new
  President.

  Be it enacted hy the ^Senate and House of Representatives of the
United States of America in Congress assembled^ That this Act may Tr^n^sitfon AC\ of
be cited as the "Presidential Transition Act of 1963."             i963.

                             PURPOSE o r T H I S ACT

   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 inaugu-
ration 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

154 PUBLIC LAW 88-277-MAR. 7, 1964 [78 STAT. 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 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 trans- fer of the executive power, and (3) otherwise to promote orderly tran- sitions in the office of President. SERVICES AND FACILITIES AUTHORIZED TO BE PROVIDED TO PRESIDENTS-ELECT AND VICE-PRESIDENTS-ELECT Administrator of SEC. 3. (a) The Administrator of General Services, referred to General Services. Authority. 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 offi- cial duties as President or Vice President necessary services and facilities, including— Office space. (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 pro- vided 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; Office staffs, (2) Payment of the compensation of members of office staffs salaries. designated by the President-elect or Vice-President-elect at rates determined by them not to exceed the rate provided by the Classi- 76 Stat. 843. fication Act of 1949, as amended, for grade GS-18: Provided^ 5 u s e 1113. That any employee of any agency of any branch of the Govern- ment may be detailed to such staffs on a reimbursable or nonreim- bursable basis with the consent of the head of the agency; and wiiile 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 privi- leges of such employment without interruption. Notwithstand- ing 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 5 u s e 2251, Retirement Act, the Federal Employees' Compensation Act, the 751, 2091, 3001 Federal Employees' Group Life Insurance Act of 1954, and the notes. Federal Employees Health Benefits Act of 1959; Experts or con- (3) Payment of expenses for the procurement of services of sultants. 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 60 Stat. 810. 1946, as amended (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals; Travel expen- (4) Payment of travel expenses and subsistence allowances, ses. including rental of Government or hired motor vehicles, found necessary by the President-elect or Vice-President-elect, as
78 STAT. ] PUBLIC LAW88-277-MAR. 7, 1964 155 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 60 Stat. 808; 75 Stat. 339, 340. appropriate; Communications (5) Communications services found necessary by the President- service s. elect or Vice-President-elect; Printing and (6) Payment of expenses for necessary printing and binding, binding. notwithstanding the Act of January 12, 1895, and the Act of March 1, 1919, as amended (44 U.S.C. I l l ) ; Postage. (7) Reimbursement to the postal revenues in amounts equiv- alent 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 Restriction. services and facilities under this Act in connection with any obliga- tions 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 62 Stat. 672. 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 Definitions. in this Act shall mean such persons as are the apparent successful can- didates 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) Each President-elect shall be entitled to conveyance within P e n a l t y mail. 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 Vic«-President-elect shall be entitled 74 Stat. 660. to conveyance within the United States and its territories and ])os- sessions 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 Assistant, desig- nation. the Administrator an assistant authorized to make on his behalf sucli designations or findings of necessity as may be required in connection with the services and facilities to l)e provided under tliis 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 pui- suant to this section that such expenditures ai'e dassitied and are essential to the national security, and that they accord with the ])rovi- sions of subsections ( a ) , (b), and (d) of this section. (f) In the case Avhere the President-elect is the incumbent President Nonapplicability. or in the case where the Vice-President-elect is the incmnbent Vice President, there shall be no expenditures of fluids for the j)r()\ ision of services and facilities to such incumbent under this Act, and any funds appropriated for sucli y)urposes shall be returned to the general funds of the Treasury.
156 PUBLIC LAW 88-278-MAR. 10, 1964 [78 STAT. SKRVICKS A M ) FAflLITIKiS A l THOKIZKI) TO HK I'KOVIDKI) I'O KOHMKH PRKSIDKNTS AND KORMKR VICK PRKSIDKXTS SEC. 4. The Administrator is authorized to provide, upon recpiest, to eacli former President and each former Vice President, for a period not to exceed six montlis from the date of tlie expiration of liis term of office as President or Vice President, for nse in connection Avitli 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-Pi-esidents-elect. Any person appointed or detailed to serve a former President or former Vice President under authority of this section shall l)e appointed or detailed in accordance with, and shall be subject to, all of the ])r()visi()ns of section H of this Act applicable to persons appointed or detailed under authority of that section. The provisions of the Act of August 25, lJ>aS (72 Stat. 888; H TT.S.r. 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. A l TIIORTZATION OK AIM'ROPRIATIONS Sjic. 5. There are hereby authorized to be appropiiated 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 Presi- dential transition, to remain available during the fiscal year in which the transition occurs and the next succeeding fiscal year. The Presi- dent shall include in the budget transmitted to the Congress, for each fiscal year in which liis regidar term of office will expire, a ])i'o- posed appropriation for carrying out the pui'poses of this Act. Approved March 7, 1964. Public Law 88-278 March 10, 1964 AN ACT [H. R. 8171] To authorize the Secretary of the Interior to acquire lands, including farm units and improvements thereon, in the third division, Riverton reclamation project, Wyoming, and to continue to deliver water for three years to lands of said division, and for other purposes. Be it enacted 'by the Senate: and House of RepresentatAvei< of the Riverton r e c l a - United States of America in Congress assemhled^ (a) That the Sec- mation project. Land p u r c h a s e . retary of the Interior shall negotiate with the entrymen on and the owners of land within the third division of the Riverton Federal recla- mation project, Wyoming, for the purchase of their lands, patented or unpatented, at a price equal to the appraised value thereof and of the improvements thereon. In the case of any lands which were rep- resented as being suitable for sustained irrigation production in the land classification in force at the time entry was mjide or the lands were acquired by the present owner (or, if the present owmer acquired the same by descent or devise, by his predecessor in title), such value shall be determined without reference to any deterioration in their irrigability subsequent to the time of entry or acquisition arising from Purchase above-normal seepage and/or inadequate drainage. The Secretary options. is authorized to acquire options for the purchase of such lands in the Reports to Con- name of the United States. He shall make a final report on the result gress. of his negotiations and on options acquired to the President of the Senate and the Speaker of the House of Representatives on or before