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USA TODAY

Trump is breaking from past presidents on the Presidential Transition Act. What is it?

Maya Marchel Hoff, USA TODAY
2 min read

Donald Trump won the election three weeks ago, but his campaign has not signed the paperwork to formally begin the transition of power from President Joe Biden’s administration, according to the White House.

As a result, the government can’t provide security clearances, briefings and resources to Trump’s incoming team before the president-elect is sworn into office on Jan. 20, as required by law under the Presidential Transition Act.

“Our teams continue to stay in touch,” White House press secretary Karine Jean-Pierre recently said at a press briefing. “As of now, the Trump-Vance transition team has not yet entered into the agreements with the White House and the General Service Administration.”

U.S. President Joe Biden meets with President-elect Donald Trump in the Oval Office at the White House in Washington, D.C. on November 13, 2024.
U.S. President Joe Biden meets with President-elect Donald Trump in the Oval Office at the White House in Washington, D.C. on November 13, 2024.

A condition for the agreements and the funding they provide—$7.2 million in federal funds—is that nominees must disclose all transition fundraising amounts, which are separate from campaign funds. Individual contributions to transitions are limited to $5,000.

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But by not signing the paperwork, which includes a memo about ethics, Trump’s transition team could legally receive unlimited contributions from donors, including foreign nationals, without requiring disclosure of who they are and how much they donated, according to the New York Times.

What is the Presidential Transition Act?

Passed in 1963, the Presidential Transition Act is a framework constructed to help support transitions between presidential administrations. It legally requires the current administration to map out inter-agency transition planning and provide resources and assistance to the incoming president.

Support ranges from setting up security resources to allocating earmarked funding from the GSA towards transition costs, including office space, supplies, staff compensation, and travel expenses, usually costing millions of dollars.

Is Trump required to agree to transition procedures?

Although no campaign has declined to sign transition paperwork, including Trump’s during his first term in 2016, the president-elect is not required to agree to accept the transition assistance.

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Experts have expressed concern that the Trump campaign’s foot-dragging on transition steps could have implications on the new administration’s national security preparedness by delaying key briefings, according to CNN.

A Trump transition team spokesperson, Brian Hughes, told USA TODAY the president-elect’s lawyers “continue to constructively engage with the Biden-Harris Administration lawyers regarding all agreements contemplated by the Presidential Transition Act.”

USA TODAY’s Zac Anderson, Joey Garrison and David Jackson contributed to the reporting of this story.

This article originally appeared on USA TODAY: How Trump is breaking from the Presidential Transition Act

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