Facilitation of a Presidential Transition

Executive Order 13476 of October 9, 2008

Facilitation of a Presidential Transition

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 7301 of title 5, United
States Code, and the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) (IRTPA),
and in order to further the purposes of the
Presidential Transition Act of 1963, as amended, and to
assist the presidential transition, it is hereby
ordered as follows:

Section 1. Presidential Transition Coordination. (a) To
assist and support the transition efforts of the
transition teams for the ``major party''
``candidates,'' as those terms are used in the IRTPA
and defined in section 9002(2) and (6) of the Internal
Revenue Code of 1986 (26 U.S.C. 9002(2), (6)), and the
President-elect, there is established a Presidential
Transition Coordinating Council (Council).

(b) The Council shall be composed of the following
officials or their designees:

(i) Chief of Staff to the President, who shall serve as Chair;

(ii) Assistant to the President and Deputy Chief of Staff for Operations,
who shall serve as Vice Chair;

(iii) Assistant to the President and Deputy Chief of Staff for Policy;

(iv) Counsel to the President;

(v) Assistant to the President for Presidential Personnel;

(vi) Assistant to the President for National Security Affairs;

(vii) Assistant to the President for Homeland Security and
Counterterrorism;

(viii) Assistant to the President for Economic Policy and Director,
National Economic Council;

(ix) Attorney General;

(x) Director of National Intelligence;

(xi) Director of the Office of Management and Budget;

(xii) Director of the Office of Personnel Management;

(xiii) Administrator of General Services;

(xiv) Archivist of the United States;

(xv) Director of the Office of Government Ethics; and

(xvi) Such others as the President or the Chair of the Council may select.

(c) The Council shall assist the major party
candidates and the President-elect by making every
reasonable effort to facilitate the transition between
administrations. This assistance may include, among
other things, providing information relevant to
facilitating the personnel aspects of a presidential
transition and such other information that, in the
Council's judgment, is useful and appropriate, as long
as providing such information is not otherwise
prohibited by law.
(d) In order to obtain a wide range of facts and
information on prior transitions and best practices,
the Council, its members, or their designees may, from
time to time, seek information from private
individuals, including

individuals within outside organizations, who have
significant experience or expertise in presidential
transitions. The Council, its members, or their
designees shall endeavor to obtain such facts and
information from individuals representing a range of
bipartisan or nonpartisan viewpoints. If the Council,
its members, or their designees find it necessary to
seek advice from private individuals or outside
organizations, such counsel should be sought in a
manner that seeks individual advice and does not
involve collective judgment or deliberation.
(e) It shall be the policy of the Council to
provide appropriate information and assistance to the
major party candidates on an equal basis and without
regard for party affiliation.

Sec. 2. Transition Activities and Materials. (a) At the
direction of the Council or its designee(s), the
Administrator of General Services shall coordinate
orientation activities with the appropriate agencies,
including the Office of Government Ethics and the
Office of Personnel Management, for key prospective
presidential appointees.

(b) At the direction of the Council or its
designee(s), the White House Office of Presidential
Personnel shall supplement as appropriate and necessary
the electronic record of all title 5 presidentially
appointed positions provided by the Office of Personnel
Management to the major party candidates pursuant to
section 8403(b) of IRTPA.
(c) The Suitability and Security Clearance
Performance Accountability Council shall coordinate
with the Council when performing those functions
authorized by Executive Order 13467 of June 30, 2008,
that are necessary to assist in transition-related
activities.
(d) At the direction of the Council or its
designee(s), executive departments and agencies shall
prepare a set of briefing materials for new political
appointees before the inauguration of the President-
elect. The current Administration shall work with the
incoming transition team to provide copies of all such
materials.
(e) At the direction of the Council or its
designee(s) and consistent with the Presidential
Transition Act of 1963, as amended, the Administrator
of General Services, in consultation with the Archivist
of the United States and other appropriate agencies,
shall develop a Transition Directory. This directory
shall include Federal publications and other materials
that provide information on each executive department
and agency.

Sec. 3. Transition Agreements. To assist and support
the transition, transition agreements between the White
House or appropriate executive branch departments and
agencies and the transition teams for the major party
candidates and the President-elect will be entered
into, as necessary, regarding transition procedures and
identification of transition contacts.

Sec. 4. General Provisions. (a) In order to take
appropriate account of the transition reforms made by
IRTPA and to further update and clarify the
presidential transition process, this order supersedes
Executive Order 13176 of November 27, 2000.

(b) Nothing in this order shall be construed to
impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head
thereof; or

(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.

(c) This order is intended only to facilitate the
transition and is not intended to, and does not, create
any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any
other person.
(d) Unless extended by the President, this order
shall expire on February 20, 2009.

THE WHITE HOUSE,

October 9, 2008