Three recent laws have enacted reforms to the appointments process. These are the Presidential Transition Act of 2000, the Intelligence Reform and Terrorism Prevention Act of 2004, and the Pre-Election Presidential Transition Act of 2010, summarized below in Exhibit 2. [Download a printable version here]

Exhibit 2

Presidential Transition Act of 2000

“To provide for the training or orientation of individuals, during a presidential transition, who the President intends to appoint to certain key positions, to provide for a study and report on improving the financial disclosure process for certain presidential nominees, and for other purposes.”’

• Amends the Presidential Transition Act of 1963
• Provides monetary support for briefings, workshops, and other activities to prepare appointees for the transition process and their role in the government
• Requires the Office of Government Ethics to submit a report ways to improve the financial disclosure process for presidential nominees.

Intelligence Reform and Terrorism Prevention Act of 2004

• Expresses the sense of the Senate that the Senate should give expedited consideration to national security officials nominated by a President-elect.
• Provides for expedited security clearance determinations for members of a President-elect's transition team.
• Requires the Office of Government Ethics to submit to Congress a report evaluating the financial disclosure process for executive branch employees.
• Requires the Office of Personnel Management to transmit to major party presidential nominees an electronic record on presidentially appointed positions.
• Requires the head of each Federal agency to submit to the President and Congress a presidential appointment reduction plan.
• Requires the Office of Government Ethics to conduct a comprehensive review of conflict of interest laws relating to executive branch employment and report to the President and Congress on such review.

Pre-Election Presidential Transition Act of 2010

“Amends the Presidential Transition Act of 1963 to direct the Administrator of the General Services Administration (GSA) to provide certain presidential transition services and facilities, including office space, equipment, and payment of certain related expenses, to eligible presidential and vice-presidential candidates before a presidential general election.

Directs the President, or the President's delegate, to take necessary and appropriate actions to plan and coordinate activities by the executive branch of the federal government to facilitate an efficient transfer of power to a successor President.”

• Act provides candidates from major parties resources to conduct early transition planning prior to the major party conventions and general election
• Requires current administration to coordinate transition plans with the President-elect upon request
• Recommends the President to form a transition coordinating council to assist the President-elect in transition planning
• Compels the White House to issue a report detailing the activities of the Executive departments and agencies in order to assist transition planning