1、CRS INSIGHT Prepared for Members and Committees of Congress INSIGHTINSIGHTi i Presidential Transitions: Midnight Rulemaking November 24, 2020 In Section 2 of the Presidential Transition Act of 1963 (as amended; 3 U.S.C. 102 note), Congress declared that “the national interest requires that president
2、ial 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.” The crux of such a transition is the transfer of executive power from the incumbent to the President-elect. The
3、executives power manifests in a variety of processes with application to a broad range of policy areas and issues. CRS has produced a set of products examining selected processes and policies that may be of particular interest during a presidential transition. This Insight discusses options availabl
4、e to a new Administration for repealing or amending midnight rules issued by the prior Administration. Other related products examine clemency, executive orders, presidential and government records, presidential appointments (executive branch), and presidential transitions generally. Midnight Rulema