	Introduction

At its heart, a presidential transition is the transfer of executive power from the incumbent President to his or her successor. However, a successful transition between the incumbent Administration and the incoming Administration begins with pre-election planning and continues through inauguration day. Establishing a Presidential Transition Framework

The passage and implementation of the Presidential Transition Act (PTA) of 1963 and subsequent amendments led to the provision of services and facilities to transition teams and the establishment of formal mechanisms to facilitate presidential transitions while legitimizing pre-election planning by candidates. This commitment of resources on the part of the federal government (particularly the White House), as well as on the part of the presidential candidates, and, ultimately, the President-elect, highlights the importance of the presidential transition to the continuity of operations of the federal government. Moreover, the incumbent might use the transition period to enact policies and effect changes that might stymie his successor. And if the sitting president (or his party) lost the election, he has every reason to hurry through last-minute public policies, doing whatever possible to tie his successor's hands. Additionally, the President can appoint individuals to positions which require Senate approval (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 might be converted to civil service positions in a practice known as "burrowing in." Depending upon the timing, frequency, content (in the case of executive orders and regulations), and other salient features of certain presidential or Administration actions or decisions, some may question the propriety of an outgoing Administration's actions during the presidential transition period. In addition to the possibility of having to address certain actions taken by the outgoing Administration, a new President and his staff have to deal with "the challenges of moving from a campaign to a governing stance," which can include handling "the issues of staffing, management, agenda setting, and policy formulation.... " Eager to hit the ground running, an incoming President can use the same tools his predecessor did during the transition period—for example, executive orders, agency rulemaking, and political appointments—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. If the sitting President defers to his successor regarding the submission of a budget, this is an additional task for the newly elected President. Congress has a role to play in presidential transitions, though the extent and type of its involvement varies. Other Administration activities, such as the issuance of executive orders, the disposition of presidential records 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. 114-136 ( S. 1172 ), the Edward "Ted" Kaufman and Michael Leavitt Presidential Transitions Improvement Act of 2015, enacted on March 18, 2016, requires the OPM Director to provide annual reports to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Government Reform on requests by agencies to appoint political appointees or former political appointees to covered civil service positions. Finally, some have argued that the task of evaluating a previous Administration's midnight rules can potentially overwhelm a new Administration. The relatively large number of vacant judgeships at the beginning of a new presidency is due, in part, to the Senate approving fewer judicial nominations during an outgoing President's final year in office (particularly if it is a President's eighth year in office).
The crux of a presidential transition is the transfer of executive power from the incumbent to the President-elect. Yet the transition process encompasses a host of activities, beginning with pre-election planning and continuing through inauguration day. The process ensures that the federal government provides resources to presidential candidates' transition teams, and, eventually, the President-elect's team; and includes close coordination between the outgoing and incoming Administrations. The Presidential Transition Act (PTA) of 1963, as amended, established formal mechanisms to facilitate presidential transitions and authorizes the Administrator of General Services to provide facilities and services to eligible presidential candidates and the President-elect. A presidential transition facilitates the establishment of a new Administration and prepares it to govern. Additionally, as noted by the Senate Committee on Homeland Security and Governmental Affairs in a report on S. 1172 (114th Congress, Presidential Transitions Improvements Act of 2015), planning for a presidential transition helps to ensure the nation's security.
The smooth and orderly transfer of power generally is a notable feature of presidential transitions, and a testament to the legitimacy and durability of the electoral and democratic processes. Yet, at the same time, a variety of events, decisions, and activities contribute to what some may characterize as the unfolding drama of a presidential transition. Interparty transitions in particular might be contentious. Using the various powers available, a sitting President might use the transition period to attempt to secure his legacy or effect policy changes. Some observers have suggested that, if the incumbent has lost the election, he might try to enact policies in the waning months of his presidency that would "tie his successor's hands." On the other hand, a President-elect, once in office, and eager to establish his policy agenda and populate his Administration with his appointees, will be involved in a host of decisions and activities, some of which might modify or overturn the previous Administration's actions or decisions.
The President's authority to exercise power begins immediately upon being sworn into office and continues until he is no longer the officeholder. By the same token, while congressional oversight of the executive branch is continuous, some activities may take on special significance at the end or beginning of an Administration. The disposition of government records (including presidential records and vice presidential records), protections against "burrowing in" (which involves the conversion of political appointees to career status in the civil service), the granting of pardons, and the issuance of "midnight rules" are four activities associated largely with the outgoing President's Administration. The incumbent President may also submit a budget to Congress, or he may defer to his successor on this matter. Continuing this transition process, the first actions of a new President generally focus on establishing the priorities and leadership of the Administration. These can include executive orders, appointments to positions that require Senate confirmation as well as those that do not, and efforts to influence the pace and substance of agency rulemaking.
Depending upon the particular activity or function, the extent and type of Congress's involvement in presidential transitions may vary. As an example of direct involvement, the Senate confirms the President's appointees to certain positions. On the other hand, Congress is not involved in the issuance of executive orders, but it may exercise oversight, or take some other action regarding the Administration's activities.