Government operations and workforce

Executive Order 13476: Facilitation of a Presidential Transition

President: George W. Bush

Coordinated the 2008–09 presidential transition across White House and federal agencies.

Status: In effect. Is Executive Order 13476 still in effect? Yes. Executive Order 13476 remains in effect. See Federal Register record.

What does Executive Order 13476 do?

A White House-led council was to assist major-party candidates equally, arrange briefings and orientation, and coordinate records, personnel and clearance preparations. A 2010 Senate committee report describes the 2008 council and the subsequent statutory transition-coordination model.

Administration position: Coordinated the 2008–09 presidential transition across White House and federal agencies.
SignedOctober 9, 2008
Earlier frameworkThe Presidential Transition Act and 2004 intelligence reform law provided transition support and candidate access mechanisms.
Responsible bodyWhite House council, GSA and agency officials
Follow-up evidence2010: A 2010 Senate committee report describes the 2008 council and the subsequent statutory transition-coordination model.

Before and after

Before the order

The Presidential Transition Act and 2004 intelligence reform law provided transition support and candidate access mechanisms.

After the order

A White House-led council was to assist major-party candidates equally, arrange briefings and orientation, and coordinate records, personnel and clearance preparations.

A 2010 Senate committee report describes the 2008 council and the subsequent statutory transition-coordination model.

What did the signed order change?

The Presidential Transition Act and 2004 intelligence reform law provided transition support and candidate access mechanisms. A White House-led council was to assist major-party candidates equally, arrange briefings and orientation, and coordinate records, personnel and clearance preparations.

What happened later?

Senate committee report — presidential transition coordination: A 2010 Senate committee report describes the 2008 council and the subsequent statutory transition-coordination model.

What does that evidence establish?

Information sharing was limited by law; the order was a transition mechanism, not a permanent appointment power. A statutory successor model does not establish the effectiveness of every 2008 briefing. The signed order states the original requirements.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
Presidential Transition Coordinating CouncilMake every reasonable effort to facilitate the transition, providing useful lawful personnel and other information; assist major-party candidates equally without regard to party. May obtain individual outside expertise and should seek bipartisan or nonpartisan perspectives without collective outside deliberation.During the transition; order expires February 20, 2009 unless the President extends it.
Chief of Staff to the PresidentChair the Council and may select additional participants.During the transition; no separate deadline.
Assistant to the President and Deputy Chief of Staff for OperationsServe as Council Vice Chair and participate in its collective transition assistance.During the transition; no separate deadline.
Assistant to the President and Deputy Chief of Staff for PolicyServe on the Council, personally or through a designee, participating in its collective transition assistance; the order assigns no separate agency work plan.During the transition; no separate deadline.
Counsel to the PresidentServe on the Council, personally or through a designee, participating in its collective transition assistance; the order assigns no separate agency work plan.During the transition; no separate deadline.
Assistant to the President for Presidential PersonnelServe on the Council, personally or through a designee, participating in its collective transition assistance; the order assigns no separate agency work plan.During the transition; no separate deadline.
Assistant to the President for National Security AffairsServe on the Council, personally or through a designee, participating in its collective transition assistance; the order assigns no separate agency work plan.During the transition; no separate deadline.
Assistant to the President for Homeland Security and CounterterrorismServe on the Council, personally or through a designee, participating in its collective transition assistance; the order assigns no separate agency work plan.During the transition; no separate deadline.
Assistant to the President for Economic Policy and Director of the National Economic CouncilServe on the Council, personally or through a designee, participating in its collective transition assistance; the order assigns no separate agency work plan.During the transition; no separate deadline.
Attorney GeneralServe on the Council, personally or through a designee, participating in its collective transition assistance; the order assigns no separate agency work plan.During the transition; no separate deadline.
Director of National IntelligenceServe on the Council, personally or through a designee, participating in its collective transition assistance; the order assigns no separate agency work plan.During the transition; no separate deadline.
Director of the Office of Management and BudgetServe on the Council, personally or through a designee, participating in its collective transition assistance; the order assigns no separate agency work plan.During the transition; no separate deadline.
Administrator of General ServicesAt the Council’s direction, coordinate prospective appointee orientation with appropriate agencies and develop a Transition Directory in consultation with the Archivist and other appropriate agencies.During the transition, when directed; no fixed deadline.
Director of the Office of Government EthicsServe on the Council and participate as an appropriate agency partner in GSA’s coordination of prospective appointee orientation.During the transition, with orientation at the Council’s direction.
Director of the Office of Personnel ManagementServe on the Council and participate as an appropriate agency partner in GSA’s coordination of prospective appointee orientation; the order refers to OPM’s statutory appointee-position record without creating a new deadline for it.During the transition, with orientation at the Council’s direction.
Archivist of the United StatesServe on the Council and serve as GSA’s consultation partner in developing the Transition Directory.During directory development at the Council’s direction.
White House Office of Presidential PersonnelAt the Council’s direction, supplement as appropriate and necessary OPM’s electronic record of title 5 presidentially appointed positions furnished to major-party candidates.During the transition, when directed; no fixed deadline.
Suitability and Security Clearance Performance Accountability CouncilCoordinate with the Transition Council when performing EO 13467 functions necessary to assist transition activities.When performing transition-related functions.
Executive departments and agenciesAt the Council’s direction, prepare briefing materials for incoming political appointees; the current Administration must work with the incoming team to provide copies. Enter transition agreements with the White House or appropriate agencies and candidate or President-elect teams as necessary.Briefing materials before the President-elect’s inauguration; agreements as necessary.

What happened next

EO 13476 signed.