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Legislative Overview

"The national interest requires that such transitions in the office of President 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 domestic and foreign. Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people."

From the 1st paragraph of the "Presidential Transition Act of 1963"

"Presidential Transition" refers to the activities that support the orderly transfer of executive power in connection with the expiration of the term of office of a sitting President and the inauguration of a new President.

Overview of Federal Legislation Governing Presidential Transitions

Presidential Transition Act of 1963, (Public Law 88-277, 3 U.S. C. 102 note) was enacted to provide for the orderly transfer of executive power in connection with the expiration of the term of office of a President and the inauguration of a new President.

Presidential Transition Effectiveness Act of 1998 (Public Law 100-398) amended the Presidential Transition Act of 1963 to provide for a more orderly transfer of executive power in connection with the expiration of the term of office of a President.

The Federal Vacancies Reform Act of 1998 (Public Law 105-277) The Federal Vacancies Reform Act of 1998 sets requirements for reporting to Congress and the Comptroller General actions related to Presidential Appointment with Senate Confirmation (PAS) positions as well as the qualifications for and term limits on acting PAS officers.

Presidential Transition Act of 2000, amended the Presidential Transition Act of 1963. It authorizes the General Services Administration (GSA) to develop and deliver orientation activities for key prospective Presidential appointees, and requires GSA, in consultation with the National Archives and Records Administration, to develop a transition directory.

Intel. Reform & Terrorism Prevention Act, (Public Law 108-458) amended the Presidential Transition Act of 1963. It authorizes the provision of security clearances for prospective transition team members who will have a need for access to classified information to carry out their responsibilities as members of the President-elect's transition team.

Pre-Election Presidential Transition Act of 2010, amended the Presidential Transition Act of 1963 to provide that certain transition services shall be available to eligible candidates before the general election.