
As demonstrated this past cycle, the world moves fast and some well-established and customarily used transition practices may miss the mark and no longer meet the needs of an incoming administration. These should be refreshed to better serve the fundamental goals of the transition process.
Amend the Presidential Transition Act to strengthen incentives for transition teams to comply with practices that promote security, transparency and ethics.
During this past transition cycle, the Trump team did not accept the services provided by the General Services Administration and significantly delayed using the services from the Department of Justice and Office of Government Ethics. This inhibited the team’s ability to prepare essential staff and enabled them to avoid disclosing transition donors, agency review team members and the use of their transition funding. Without acceptance of the services, no legal mechanism could force cooperation with these goals historically identified by Congress as important. Government transition officials had to develop transition implementation instructions in real-time and weigh supporting maximum readiness for the Trump team against its potential noncompliance with national security and ethics practices.
For example, because the Trump transition did not use a government-provided server or .gov email addresses, agency officials had to negotiate how to securely exchange information with agency review teams. The lack of standard infrastructure created a risk of inadvertently sharing sensitive information with unauthorized parties or sending it through unsecured channels that might be hacked, delaying the sharing of critical information until safe channels were obtained.
Without disclosures of donors or agency review team members, the public lost a valuable understanding of the individuals and organizations influencing the administration. More importantly, such disclosures create public scrutiny that encourages the transition team to police itself tightly against conflicts of interest. Without this external pressure, there are fewer eyes ensuring ethical governance and a reduced motive for the transition to guard against conflicts internally.
Congress should clarify presidential goals of transparency, ethics and national security by decoupling them from conditional acceptance of government services to ensure that transition teams are directed to meet those goals. However, enforcement of any such requirements must be reasonably flexible to avoid overly inhibiting the readiness of the next administration.
We recommend that the following amendments be made to the Presidential Transition Act to ensure greater security, transparency and adherence to ethics requirements:
- Public disclosure of agency review team members should be made by the day after the election and prior to being allowed access to transition services or agency personnel and information, with rolling disclosures as needed through the inauguration.
- An alternative option would be to set public disclosure of any agency review team member’s name as a condition for their ability to access agency materials, regardless of whether the transition team accepts transition services under the Presidential Transition Act.
- Public disclosure of the names of transition team donors giving more than a threshold dollar amount, as specified by the transition law, as well as the value of each donor’s total contribution, should be available at checkpoint dates such as Nov. 1 and March 1.
- Public disclosure of transition team spending of public and/or private money should be made by 30 days post-inauguration, regardless of whether the transition team accepts transition services. Disclosures also could be mandated at other checkpoints, such as 30- and 60-days post-election.
- A deadline should be set or recommended for submission of the names of transition representatives who will be trained on the Office of Government Ethics’ system for filing financial disclosures so these individuals can serve as liaisons for the transition team by an appropriate date in the summer or early fall.
- A stand-alone submission to GSA and public disclosure of a transition team’s ethics plan should be required by Oct. 1. Congress may also want to define or recommend specific items to be included in these ethics plans.
- Clearer requirements for IT security are needed. Transition teams should either set up a .gov transition network or demonstrate that their IT platforms meet certain security requirements via pen testing and other security methods in order to communicate with and receive information from agencies.
Clarify points of confusion around the GSA MOU to minimize debate and delay.
Define the terms of equal agency access clearly and early.
Significant time and effort from agency and transition officials went into implementing new provisions created by the Electoral Count Reform and Presidential Transition Improvement Act of 2022. Preparation for a potential “multiple possible apparent successful candidate” period proved particularly challenging, as the legislation directed agencies to provide equal access to agency resources to the transition team of any candidate who might still be declared the winner in the event of an extended, contested election.
Had this occurred, uncertainty about what “equal” access meant in practice would likely have prevented this period from being used as intended—as a time for the transitions to operate fully—due to concerns about agencies sharing requests for information with the opposing transition teams, thereby tipping the hand of one side’s policy interests with the election still pending. Agency leaders also worried that one transition or both transitions might flood agencies with requests such that agencies would become overwhelmed. GSA ultimately issued guidance that agencies did not have to alert one team about the other’s requests and instructed transition teams to clearly prioritize requests for agencies to triage. Agencies were instructed to exercise appropriate discretion in choosing both technical and practical procedures for information sharing.
To ease this confusion in future cycles, GSA should issue early guidance in the summer of the presidential election year to define equal access and spell out:
- If agencies must notify each team about requests from the other and proactively offer requested information.
- If they must not alert other teams of the requests made by each team but ensure that information is equally available to each team requesting it.
- Or, if agencies can choose which of these paths to take, as well as how and when they must communicate this policy to transition teams.
Clarify the criteria for ending a multiple possible apparent successful candidate period.
Clarification about how the GSA administrator determines the end of a multiple successful candidate period would reduce the stakes of that potential decision. In response to the 2022 amendments, GSA created a system of spreadsheets and internal trackers, but the process was intense, complex and politically sensitive. More importantly, some transition experts were concerned that the law’s new criteria could incentivize a candidate to delay a concession and continue receiving transition information. Clearer congressional directives about the criteria for the decision to end services would support GSA’s ability to make that decision efficiently and safely if needed.
Streamline the process of negotiating MOUs.
Two points of disagreement around the GSA-transition team MOU slowed down negotiations for both transition teams, delaying the start of services for the Harris team beyond the recommended date. The Trump team interpreted a signature on the MOU to mean that they were bound by disclosure requirements, while GSA said that signing the MOU meant agreeing to the list of services and funds that would be offered, but that the disclosures would become mandatory only if their team actually used the services. A separate acceptance of services from the MOU would be needed by GSA from each transition in order to start services. Despite this interpretation from GSA, the Trump transition’s strong aversion to signing any document which might trigger disclosures meant that they refused to sign the GSA MOU without certainty that no funding or agency review team member disclosures would be mandated if they did so.
While the Trump team was confident in their ability to provide their own funding and space for the transition and therefore not concerned about skipping the GSA-provided services, section 3 of the PTA also includes references to services offered by other agencies including the FBI, National Archives and Records Administration and the U.S. Postal Service. The Trump team wished to take advantage of those services, so negotiations remained open. Ultimately, officials were able to determine that those agencies could still provide services to the Trump team based on other authorizations, including the 2004 Intelligence Reform and Terrorism Prevention Act. Once the Trump team understood that they could take advantage of some services mentioned in the PTA through methods other than signing the GSA MOU, they chose to continue transition work without it.
Even though the Trump transition did not sign the GSA MOU, negotiation delays still impacted the Harris team because of GSA’s practice of offering identical MOUs to both transition teams. The GSA MOU is meant to be substantially based on prior MOU’s and to the agency’s “best effort,” should be identical for both teams. The Harris team wanted additional services such as security in shared space, which the Trump team was fine with. But, because the Trump team continued to be wary of signing at all, the ongoing negotiations contributed to delays. This meant the Harris team did not sign the MOU until Sept. 19 due to concerns about letting one team get started without the other. Political leadership within GSA was worried about the possible appearance of favoring the Harris team if it looked as if they were pressuring the Trump transition to agree to conditions that were set by the other team. Ultimately, the decision was made within GSA that the Harris team should be allowed to access services and that if the Trump team wanted to sign the GSA MOU or make further changes to it for services that they wanted to accept, this could be done with amendments to the document.
Clarifying in statute or GSA guidance ahead of the transition that the GSA MOU represents a menu of services and not acceptance of each service could ease both of these delays in future cycles.
Another possible solution might be to set two separate dates for transition teams to establish the boundaries of services. For example, transition teams could, to the maximum extent practicable, be required to agree by a particular date to a “menu” of services that both teams will be offered that year by GSA and then allowed to submit their “order” of services at a later date, after which services could kick in immediately. Separating the date of agreement to services and their start date could ease this year’s dynamic in which GSA did not want to pressure the Trump team to agree to the Harris MOU terms just because the Harris team signed first, but the process ended up disadvantaging the Harris team by delaying the start of their services.
Finally, because provisions in the GSA MOU impact the execution of the agency access and security clearance agreements and involve many of the same players, transition experts recommend that future administrations conduct negotiations for all three MOUs concurrently to make the process more efficient and ensure that dependencies between each document work as they should.
Update and modernize transition services offered by the government.
Offer alternative IT support to allow transitions to safely exchange information with agencies on their own servers.
Because the Trump team did not sign the GSA MOU, their transition only used an external, private server instead of switching to government-secured IT infrastructure. Agency transition leaders reported an inability to share sensitive information through email because of agency security standards and struggled to verify digital communications from individuals claiming to be transition personnel. Individuals would email agencies or appear in virtual meetings using addresses with a range of domain names, including “@transition47.com, @trumpvancetransition.com and @djtfp24.com”– and not all requests were from legitimate sources. Without the predictability provided by a certified .gov email address, agency leaders faced challenges to ensure that they only shared information with valid transition members. It was unclear if the domain platforms met government security requirements to share sensitive, unclassified information and there were also concerns about an external server’s vulnerability to cyberthreats.
To ensure future transition teams can efficiently and safely communicate with agencies, GSA should:
- Create a required certification or approval structure through which incoming teams may retain their external platform during the formal transition by demonstrating that their platform meets government security standards. Such certification could be overseen by an entity such as GSA’s Technology Transformation Services. Implementation would require planning to allow development of standards early enough that incoming teams have time to comply and determine their preferences. Allowing teams to maintain their existing systems might also ease transition team fears about the privacy of government IT that contributed to the MOU negotiation delays. Such a system also would relieve a typical transition burden of transferring a team’s operations from the systems used by the transition before GSA services become available in late summer.
- Further clarify directions for the types of materials agencies may share with candidate teams pre-inauguration and the channels through which to do so. Agency transition leaders reported incongruence across agencies and even within agencies on what materials were appropriate to share and how, leading to inconsistencies and struggles building trust with the incoming team.
Congress should consider reimbursing transition teams for office space of their choosing.
Only the Harris team used the GSA-provided office space this year and in an environment of distrust between candidate teams, the prospect of close proximity to the challenging candidate’s team created security concerns. Meanwhile, the Trump team conducted its work in the Willard Hotel in downtown Washington, D.C., in New York City, at Mar-a-Lago and virtually. Transition officials still say a physical location supports important collaboration, as well as communication with agency and congressional officials, but as demonstrated by the significant transition work done virtually in 2020 and 2024, widespread embrace of hybrid work means that physical space matters less than it once did.
A better future model may be eliminating the option of GSA-provided space—which must be chosen far in advance and funded by taxpayers even when unused—from the menu of available transition services. Instead, Congress could increase the public funding available to transitions and designate a portion of it to reimburse teams for office space of their choosing, though such reimbursements should be capped to prevent costs from soaring too high.
Increase public funding available to transition teams.
Public funding for transitions should be increased across the board to meet the modern needs of candidate teams. Currently, teams may access public funding to cover transition-related expenses such as salaries and benefits, travel, printing and communication services for the presidents-elect’s team, but given the increasing cost of complex transitions, this cycle’s funding level of roughly $7.2 million for the 2024-25 transition covers relatively few expenses. While taxpayers do not need to fund the entire transition, Congress should consider additional appropriations to transition teams to cover the rising costs of robust transition planning and publicly signal the importance of such work.
Streamline appointee vetting paperwork.
As in past transitions, nominees for positions subject to Senate confirmation were surprised by the amount of vetting paperwork they had to fill out. Forms include any questionnaires the White House Office of Presidential Personnel may require, the SF-86 form for a background investigation, OGE ethics forms and questionnaires from the Senate Committees of jurisdiction.
Longstanding recommendations to reduce this burden, most notably by a bipartisan Working Group on Streamlining Paperwork for Executive Nominations, include eliminating overlap and duplication among the various forms that nominees must complete; creating a presumption for a 10-year background investigative scope for appointees subject to confirmation; and varying the paperwork and investigative scope based on the nature of the position. Both the executive branch and Congress should examine the progress made on these recommendations and work to further implement them.
The administration and the Senate should focus in particular on the development of a smart form to eliminate the need for nominees to answer comparable questions on different forms. They should also push to create an internal dashboard for the transition, incoming administration and nominees to track the status of paperwork. A smart form would improve vetting by keeping all parties apprised of uncompleted tasks and what is necessary for appointees to move forward, though its success would depend on also reducing questions that ask for similar information in slightly different ways.
Reforms to responsibly speed up vetting would ease the extended and growing length of time required for presidential appointees to be confirmed by the Senate and enact a president’s agenda. The Senate confirmation process alone had grown to take an average of 193 days per nominee by the end of the Biden administration. Some of this time is occupied by completion of extensive paperwork and is in addition to the pre-nomination vetting that all appointees—Senate confirmed and otherwise—must complete.
Protect essential work from government shutdown pauses.
To eliminate the risk of halting critical transition work during a lapse in appropriations, Congress or OMB should ensure that transition activities are deemed essential as part of agency shutdown plans. Given the limited timeline of each transition and the risks of an unprepared incoming presidential administration, pauses in transition work due to a government-wide shutdown, as was a possibility this cycle, must be avoided.
Projects that should be considered essential include the work of the federal transition coordinator, all agency transition directors and additional staff determined by each agency transition director to be necessary to executing transition activities. This clarification would give agencies additional guidance when determining their shutdown personnel policies in a confusing and stressful environment.
Raise the limit on transition donations.
Congress added the static $5,000 cap on transition donations to the law with a 1988 amendment. It should reset this cap to an equivalent modern threshold (roughly $14,000) and allow it to rise with inflation to ease the fundraising burden of transitions so they can focus more energy on core preparatory work.
Prepare career officials for possible reassignments on Jan. 20 but clarify rules under which career members of the Senior Executive Service may be reassigned.
Several agency transition officials expressed surprise at the rapid reassignment of career officials by the incoming administration after the inauguration. Transition law requires agencies to have in place, by Sept. 15 of a presidential election year, a succession plan for each senior noncareer position in the agency. These plans tell a transition team which career officials will step in to perform roles previously held by political appointees of the departing administration until new appointees arrive. In addition to being in place on Jan. 20, these career officials are key sources of knowledge for the incoming team during the transition and team members should engage with them during this time.
After the inauguration, though, a new administration has some flexibility to install political appointees into these positions temporarily held by career officials. For positions subject to Senate confirmation, the Federal Vacancies Reform Act governs which categories of officials may serve temporarily as the acting official while the agency waits for nomination and confirmation for the position. The available choices may or may not be a political appointee. The administration generally is able to move appointees more quickly into political positions not subject to Senate confirmation, non-career Senior Executive Service positions, or, subject to certain limits, “general” SES positions, which may be filled by a career official or a political appointee.
In planning for potential movement of career SES members into different roles, incoming administrations must adhere to a statutory moratorium on involuntary reassignments. This moratorium is intended to overcome incoming political teams’ suspicions of career appointees and prevent politicized reassignments. This moratorium applies within 120 days after the appointment of an agency head, or after the appointment of the career SES official’s most immediate supervisor who is a political appointee and has authority to conduct the performance review of the career SES members. The Office of Personnel Management’s 2024 Presidential Transition Guide explains that designating an acting official is not the same as making an appointment and therefore does not trigger the statutory moratorium. Agencies may at their own discretion decide to apply the moratorium, the advantage being if the acting official eventually receives a permanent appointment to the position, time spent as the acting official counts toward the 120-day moratorium. In many cases, though, incoming Trump political acting officials chose to reassign SES members within days of the inauguration, leading to confusion and chaos as officials found themselves in roles that they had neither expected nor prepared for.
The following steps should be taken to provide more clarity to the career workforce on role reassignments that may occur after an inauguration, and to better preserve the intent of the 120-day moratorium:
- The leadership of the Agency Transition Directors Council should provide briefings on these rules to the transition directors so that they can help raise awareness within their agencies of the rapid changes that may occur early in a presidential administration.
- Transition teams should seek to inform agencies before Jan. 20 of changes they intend to make to acting official assignments to ensure that those officials have sufficient notice to prepare for their acting roles.
- Congress should ensure that the 120-day moratorium on involuntarily moving SES personnel will also apply universally under new acting heads of agencies/supervisors of SES.
Clarify the rules and goals of detailing personnel to a transition team.
Congressional staff detailees often support presidential transition teams, but the rules for this process are vague and vary from election year to election year. If this practice is to continue, clearer guidance from congressional ethics entities and/or OPM’s 2024 Presidential Transition Guide should be established to prevent conflicts between a staffer’s oversight role in Congress and their role on the transition team.
Clearer rules—both in the executive branch and in Congress—on the use of agency detailees may also be helpful in the case of a future vice president to president transition, as was possible this year, to ensure appropriate differentiation of a detailee’s role in an agency that they currently serve in and any work they do for a transition team related to their day job’s subject matter.
Increase appropriations for transition service providers and teams.
Transition service provider agencies, including the GSA, OGE, the Department of Justice and the National Archives and Records Administration, experience intense pressure to quickly process requests from incoming teams during a transition period and would have to shoulder even greater pressure should a future transition have a multiple possible apparent successful candidate period. Increasing transition activity appropriations for these agencies will ensure that they can fully meet the intense demands of such a moment.
The intent of Congress regarding appropriations for transition teams in a contested election scenario should also be made clear and permanent. After the 2022 transition law updates, it remained unclear whether appropriated transition funds should be shared between teams in a multiple candidate period. Congress provided an additional appropriation for 2024 to ensure full funding for each potential transition, but this is not guaranteed in future years. The amount of funding that Congress intends to provide to one transition should be established permanently as the maximum budget for each transition for as long as two (or more) transitions are operating. This would reduce pressure on the GSA administrator to shut off services to remaining candidate(s) during a contested election and ensure full resources for each team.
Create a structure for security provisions for transition-related staff.
Given the stakes of a multiple possible apparent successful candidate scenario, immense pressure and focus is placed on the GSA administrator to determine the end of the multiple candidate period. Former GSA and OPM staff reported concerns for the safety of senior GSA personnel and other transition-related staff during the period surrounding the election. Appropriations should be considered for GSA to provide security services for senior transition officials and facilities during a multiple possible apparent successful candidate period or if there are viable threats to people or property.
Prepare for future transitions in which AI will introduce new challenges and opportunities for operations and agency review.
While the use of artificial intelligence in the federal government is not new, the 2024-25 transition was the first since the release of ChatGPT and other widely adopted generative AI tools. Reporting suggests that the Trump administration used AI to evaluate vast amounts of government data early in the administration, demonstrating one way that AI may be incorporated into a new administration’s approach to governing. Given the daunting challenge of running the federal government, it is likely that future transition teams will use AI to scale and improve their preparations, especially when it comes to analyzing information from agencies in the post-election period.
Any use of AI by a transition team should comply with legal, IT, security and privacy rules and policies that are a part of the service agreements that the transition team signs with the federal government. Future transitions should use those agreements, as well as responsible AI principles, to guide the implementation of AI into their workflows, operations and governance structures. For example, any transition members using AI tools should receive appropriate training on their use and data security practices.
If transition teams continue to use external servers rather than federal IT systems, additional structures may be needed to keep federal data secure with AI use. Agency transition leaders and government officials responsible for approving information shared with transition teams must have enough insight into a transition’s AI use to confirm compliance with service agreements while respecting its status as a non-government entity. Transition teams also should be aware of the terms governing their interactions with any government AI tools. All parties using AI should follow approved protocols that account for federal records laws around data used for or generated by AI when sunsetting transition operations.