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
(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
(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
(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
(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
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
(i) authority granted by law to a department or agency, or the head
(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.
GEORGE W. BUSH
THE WHITE HOUSE,
October 9, 2008.
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