President-elect Joe Biden speaks Monday, Nov. 9, 2020, at The Queen theater in Wilmington, Del. (AP Photo/Carolyn Kaster)
By Zeke Miller
The course of President-elect Joe Biden’s transition to power is dependent in part on an obscure declaration called “ascertainment.”
Here are some details on that process:
WHAT IS ASCERTAINMENT?
The formal presidential transition doesn’t begin until the administrator of the federal General Services Administration ascertains the “apparent successful candidate” in the general election. Neither the Presidential Transition Act nor federal regulations specify how that determination should be made. That decision green lights the entire federal government’s moves toward preparing for a handover of power.
WHY HASN'T IT HAPPENED YET?
Spokesperson Pamela Pennington said in a statement that “GSA and its Administrator will continue to abide by, and fulfill, all requirements under the law,” but the agency has not said why the decision to recognize Joe Biden as the president-elect has not been made. GSA is an executive branch agency. Its administrator, Emily Murphy, is a Trump appointee, but the ascertainment decision is supposed to be apolitical. The White House did not say whether there have been conversations on the matter between officials there and at GSA.
WHAT'S AT STAKE?
The determination clears the way for millions of federal dollars to flow to Biden’s transition team and opens the doors of the federal government to hundreds of Biden staffers, so they can begin assessing agency operations ahead of Inauguration Day on Jan. 20. A delay in recognizing Biden as the next president could slow federal resources to assist the Biden-Harris team in filling about 4,000 political appointments across the government — including critical national security and health postings.
WHY DOES IT MATTER?
Slowing the pace of the transition could hamstring a new administration right out of the gate. The Trump administration, experts say, never fully recovered from the slow pace of hiring from its mismanaged 2016 transition after Trump tossed aside carefully prepared plans the day after his victory.
HAS THIS DELAY EVER HAPPENED BEFORE?
In 2000, the GSA determination was delayed until after the Florida recount fight was settled. The abbreviated transition process was identified by the 9/11 Commission Report as contributing to the nation’s unpreparedness for the crisis.
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This March 19, 2018, file photo shows the Yelp app on an iPad in Baltimore. Yelp reports financial results Thursday, Nov. 7, 2019. The online review service will cover the travel expenses of employees who have to travel out of state for abortions, joining the ranks of major employers trying to help workers affected by restrictions being placed on the procedure in Texas and other states. The benefit announced Tuesday, April 12, 2022 covers Yelp's entire workforce of 4,000 employees, but seems most likely to have its biggest immediate impact on its 200 workers in Texas, which has passed a law banning abortions within the state after six weeks of pregnancy. (AP Photo/Patrick Semansky, File)
