[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Presidential Documents]
[Pages 60605-60607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24465]




                        Presidential Documents 



Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 60605]]

                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

[[Page 60606]]

                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.

[[Page 60607]]

                    (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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 9, 2008

[FR Doc. E8-24465
Filed 10-10-08; 8:45 am]
Billing code 3195-W9-P