Presidential Transitions: An Overview

INSIGHTi
Presidential Transitions: An Overview
November 24, 2020
Introduction
At its heart, a presidential transition is the transfer of executive power from the incumbent President to his
successor. A single step—taking the oath of the office of President—accomplishes this transfer. Yet the
transition process is more complex, beginning with pre-election planning and continuing through
Inauguration Day on January 20. It involves key personnel from the outgoing and incoming Presidents’
staffs; requires resources; and includes many activities, such as vetting candidates for positions in the new
Administration, helping to familiarize the incoming Administration with the operations of the executive
branch, and developing a comprehensive policy platform.
The Presidential Transition Act (PTA) of 1963, as amended, established formal mechanisms to facilitate
presidential transitions and authorized the Administrator of General Services to provide facilities and
services to eligible presidential candidates and the President-elect. CRS Report R46602, Presidential
Transition Act: Provisions and Funding, examines the PTA, as amended. The General Services
Administration’s presidential transition directory contains information and resources for the President-
elect’s transition team.
Presidential Transitions
The incoming President and his team have the period between Election Day and Inauguration Day—
approximately 75 days—to complete preparations for governing the massive, complex enterprise that is
the executive branch of the federal government. The Partnership for Public Service, Center for
Presidential Transition, notes that an incoming President “is responsible for making more than 4,000
appointments, managing an organization with a budget of nearly $5 tril ion and overseeing a workforce of
more than 2 mil ion civilian employees who perform missions as diverse as national defense, public
health and citizen services.” The 15 executive departments alone—such as the Departments of Defense,
Health and Human Services, Homeland Security, Justice, and State—are responsible for a broad range of
missions, policies, functions, and programs, yet they represent a smal percentage of the hundreds of
federal government entities.
Reviewing the staffing needs of a new Administration provides another perspective on the complexity of
the federal government. In 2016, there were approximately 4,013 noncompetitive positions that typical y
would be fil ed by the President; the list included 1,242 presidential appointments with Senate
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confirmation (PAS positions), 459 presidential appointments that did not require Senate confirmation, 761
noncareer Senior Executive Service (SES) positions, and 1,538 Schedule C positions (confidential or
policy-determining positions at or below GS-15 pay grade).
The importance of a wel -organized, orderly, and coherent transition has at times been underscored by the
ongoing security concerns following the terrorist attacks of September 11, 2001. More recently, in
January 2009, the outgoing Administration learned of a possible terrorist attack on Inauguration Day. As
described by one observer, the outgoing and incoming national security teams worked together closely:
“The threat discussion with al of the principal officials in the outgoing and incoming administrations
al owed everyone to work through a potential crisis event on the first day for Barack Obama as president
and the last one for George Bush.”
In 2015, the Senate Committee on Homeland Security and Governmental Affairs asserted that careful
presidential transition planning “prevents disruptions that can create vulnerabilities to the nation’s
security,” adding that “[t]he chal enges and risks identified by the Committee have only increased since
2010.” Incoming Administrations also prepare to assist, coordinate, or lead the nation’s response to and
recovery from disasters, pandemics, and other types of incidents or emergencies.
The Incumbent President and the New President
In Section 2 of the PTA (as amended, 3 U.S.C. 102 note), Congress declared that “[t]he national interest
requires that [presidential] transitions ... 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 foreign and
domestic.” Yet, at the same time, a variety of events, decisions, and activities contribute to what some
may characterize as a dynamic environment.
Academic observers have suggested the incumbent has at his disposal “a wide variety of means to
effectuate lasting and substantive policy changes, both foreign and domestic.” His decisions and actions
in several areas—as wel as the activities of his Administration—could affect his successor and could be a
cause for congressional concern. Acting unilateral y, a President can issue executive orders, appoint
individuals to positions that do not require Senate confirmation, and make recess appointments.
Additional y, the President can appoint individuals to PAS positions; the Administration can influence the
pace of agency rulemaking; significant decisions regarding presidential and vice presidential records may
be made; and some political appointees may be converted to civil service positions in a practice known as
burrowing in.
A President-elect, once in office and eager to establish his policy agenda and populate his Administration
with his appointees, wil be involved in a host of decisions and activities, some of which might modify or
overturn the previous Administration’s actions or decisions. An incoming President can use the same
administrative tools his predecessor did during the transition period to establish his policy agenda,
populate the executive branch with his appointees, and possibly overturn or modify some of his
predecessor’s policies and actions.
Role of Congress
Congress has a role to play in presidential transitions, though the extent and type of its involvement vary.
Congress is most directly involved in the confirmation of presidential appointees (that is, individuals
appointed to PAS positions); the budget process; and, under certain circumstances, oversight of agency
rulemaking. Other Administration activities, such as the issuance of executive orders, the disposition of
presidential and vice presidential records, and the granting of pardons, may be of interest to Congress and,
in some cases, might become the subject of congressional oversight or other congressional action.

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Author Information

L. Elaine Halchin

Specialist in American National Government




Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
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information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
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