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EO 13176Executive OrderClinton · D

Executive Order 13176

Facilitation of a Presidential Transition

This executive order establishes a Presidential Transition Coordinating Council to facilitate the transfer of power from the Clinton administration to the incoming Bush administration following the 2000 election. It mandates coordination of orientation activities, creation of a transition directory and catalogue of presidential appointee positions, and preparation of orientation materials for new political appointees.

Federal Register Open PDF 65 FR 71233

Impact dates

  1. PAS positions catalogue production

  2. Transition directory development

  3. Orientation materials for new political appointees to be prepared before inauguration

Key directives

  • Establish Presidential Transition Coordinating Council with 13 specified officials
  • Council to coordinate assistance and make every reasonable effort to facilitate transition
  • GSA to coordinate orientation activities for key prospective Presidential appointees
  • GSA to develop transition directory with federal publications and materials on departments/agencies
  • White House Office of Presidential Personnel to produce catalogue of all PAS positions with 5 specified elements
  • Executive departments and agencies to prepare orientation materials for new political appointees before inauguration
  • Enter into transition agreement between current Administration and Office of President-elect

Who is ordered

Timeline

Immediate

  • Establishment of Presidential Transition Coordinating Council
  • Initiation of transition agreement negotiations

Near term (90d)

  • Development of transition directory by GSA
  • Production of PAS positions catalogue by White House Office of Presidential Personnel
  • Preparation of orientation materials by executive departments and agencies before January 20, 2001 inauguration

Long term

  • Institutional precedent for future transition coordination (EO later superseded by subsequent transition orders)

Risks & tensions

  • EO signed November 27, 2000 during contested election outcome (Bush v. Gore uncertainty); 'President-elect' reference assumed Bush victory before legal resolution
  • No enforcement mechanism specified for non-compliance by agencies
  • Vague 'make every reasonable effort' and 'in the Council's judgement' language creates discretion gaps
  • Information sharing limited by 'not otherwise prohibited by law' caveat
  • Transition agreement mentioned but terms left to subsequent negotiation
Executive Order 13176: Facilitation of a Presidential Transition · Executive Orders