Facilitation of a Presidential Transition

Impact dates

1. Feb 20, 2009

   Executive order expires unless extended by President

2. Jan 20, 2009

   Briefing materials for new political appointees to be prepared before inauguration

Key directives

• Establish Presidential Transition Coordinating Council with specified membership
• Council to assist major party candidates and President-elect on equal basis
• GSA to coordinate orientation activities for prospective appointees
• White House Office of Presidential Personnel to supplement electronic records of presidentially appointed positions
• Suitability and Security Clearance Performance Accountability Council to coordinate on transition-related clearance activities
• Executive departments and agencies to prepare briefing materials for new political appointees before inauguration
• GSA to develop Transition Directory with federal publications and agency information
• Enter into transition agreements as necessary
• Supersede Executive Order 13176

Who is ordered

• Chief of Staff to the President · Executive Office of the President
• Assistant to the President and Deputy Chief of Staff for Operations · Executive Office of the President
• Assistant to the President and Deputy Chief of Staff for Policy · Executive Office of the President
• Counsel to the President · Executive Office of the President
• Assistant to the President for Presidential Personnel · Executive Office of the President
• Assistant to the President for National Security Affairs · Executive Office of the President
• Assistant to the President for Homeland Security and Counterterrorism · Executive Office of the President
• Assistant to the President for Economic Policy and Director, National Economic Council · Executive Office of the President
• Attorney General · Department of Justice
• Director of National Intelligence · ODNI
• Director of the Office of Management and Budget · Office of Management and Budget
• Director of the Office of Personnel Management · OPM
• Administrator of General Services · GSA
• Archivist of the United States · NARA
• Director of the Office of Government Ethics · OGE

Timeline

Risks & tensions

• No enforcement mechanism specified for non-compliant agencies beyond Council direction
• Equal assistance mandate may be tested if candidates request differing levels or types of support
• Information sharing constrained by 'not otherwise prohibited by law' qualifier
• Sunset clause creates pressure for rapid action during compressed transition period