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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3196 Enrolled Bill (ENR)]

        S.3196

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
To amend the Presidential Transition Act of 1963 to provide that certain 
transition services shall be available to eligible candidates before the 
                            general election.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Pre-Election Presidential Transition 
Act of 2010''.
SEC. 2. CERTAIN PRESIDENTIAL TRANSITION SERVICES MAY BE PROVIDED TO 
ELIGIBLE CANDIDATES BEFORE GENERAL ELECTION.
    (a) In General.--Section 3 of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended by adding at the end the following 
new subsection:
    ``(h)(1)(A) In the case of an eligible candidate, the 
Administrator--
            ``(i) shall notify the candidate of the candidate's right 
        to receive the services and facilities described in paragraph 
        (2) and shall provide with such notice a description of the 
        nature and scope of each such service and facility; and
            ``(ii) upon notification by the candidate of which such 
        services and facilities such candidate will accept, shall, 
        notwithstanding subsection (b), provide such services and 
        facilities to the candidate during the period beginning on the 
        date of the notification and ending on the date of the general 
        elections described in subsection (b)(1).
    The Administrator shall also notify the candidate that sections 
    7601(c) and 8403(b) of the Intelligence Reform and Terrorism 
    Prevention Act of 2004 provide additional services.
        ``(B) The Administrator shall provide the notice under 
    subparagraph (A)(i) to each eligible candidate--
            ``(i) in the case of a candidate of a major party (as 
        defined in section 9002(6) of the Internal Revenue Code of 
        1986), on one of the first 3 business days following the last 
        nominating convention for such major parties; and
            ``(ii) in the case of any other candidate, as soon as 
        practicable after an individual becomes an eligible candidate 
        (or, if later, at the same time as notice is provided under 
        clause (i)).
        ``(C)(i) The Administrator shall, not later than 12 months 
    before the date of each general election for President and Vice-
    President (beginning with the election to be held in 2012), prepare 
    a report summarizing modern presidential transition activities, 
    including a bibliography of relevant resources.
        ``(ii) The Administrator shall promptly make the report under 
    clause (i) generally available to the public (including through 
    electronic means) and shall include such report with the notice 
    provided to each eligible candidate under subparagraph (A)(i).
    ``(2)(A) Except as provided in subparagraph (B), the services and 
facilities described in this paragraph are the services and facilities 
described in subsection (a) (other than paragraphs (2), (3), (4), (7), 
and 8(A)(v) thereof), but only to the extent that the use of the 
services and facilities is for use in connection with the eligible 
candidate's preparations for the assumption of official duties as 
President or Vice-President.
    ``(B) The Administrator--
        ``(i) shall determine the location of any office space provided 
    to an eligible candidate under this subsection;
        ``(ii) shall, as appropriate, ensure that any computers or 
    communications services provided to an eligible candidate under 
    this subsection are secure;
        ``(iii) shall offer information and other assistance to 
    eligible candidates on an equal basis and without regard to 
    political affiliation; and
        ``(iv) may modify the scope of any services to be provided 
    under this subsection to reflect that the services are provided to 
    eligible candidates rather than the President-elect or Vice-
    President-elect, except that any such modification must apply to 
    all eligible candidates.
    ``(C) An eligible candidate, or any person on behalf of the 
candidate, shall not use any services or facilities provided under this 
subsection other than for the purposes described in subparagraph (A), 
and the candidate or the candidate's campaign shall reimburse the 
Administrator for any unauthorized use of such services or facilities.
    ``(3)(A) Notwithstanding any other provision of law, an eligible 
candidate may establish a separate fund for the payment of expenditures 
in connection with the eligible candidate's preparations for the 
assumption of official duties as President or Vice-President, including 
expenditures in connection with any services or facilities provided 
under this subsection (whether before such services or facilities are 
available under this section or to supplement such services or 
facilities when so provided). Such fund shall be established and 
maintained in such manner as to qualify such fund for purposes of 
section 501(c)(4) of the Internal Revenue Code of 1986.
    ``(B)(i) The eligible candidate may--
            ``(I) transfer to any separate fund established under 
        subparagraph (A) contributions (within the meaning of section 
        301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
        431(8))) the candidate received for the general election for 
        President or Vice-President or payments from the Presidential 
        Election Campaign Fund under chapter 95 of the Internal Revenue 
        Code of 1986 the candidate received for the general election; 
        and
            ``(II) solicit and accept amounts for receipt by such 
        separate fund.
        ``(ii) Any expenditures from the separate fund that are made 
    from such contributions or payments described in clause (i)(I) 
    shall be treated as expenditures (within the meaning of section 
    301(9) of such Act (2 U.S.C. 431(9))) or qualified campaign 
    expenses (within the meaning of section 9002(11) of such Code), 
    whichever is applicable.
        ``(iii) An eligible candidate establishing a separate fund 
    under subparagraph (A) shall (as a condition for receiving services 
    and facilities described in paragraph (2)) comply with all 
    requirements and limitations of section 5 in soliciting or 
    expending amounts in the same manner as the President-elect or 
    Vice-President-elect, including reporting on the transfer and 
    expenditure of amounts described in subparagraph (B)(i) in the 
    disclosures required by section 5.
    ``(4)(A) In this subsection, the term `eligible candidate' means, 
with respect to any presidential election (as defined in section 
9002(10) of the Internal Revenue Code of 1986)--
        ``(i) a candidate of a major party (as defined in section 
    9002(6) of such Code) for President or Vice-President of the United 
    States; and
        ``(ii) any other candidate who has been determined by the 
    Administrator to be among the principal contenders for the general 
    election to such offices.
    ``(B) In making a determination under subparagraph (A)(ii), the 
Administrator shall--
        ``(i) ensure that any candidate determined to be an eligible 
    candidate under such subparagraph--
            ``(I) meets the requirements described in Article II, 
        Section 1, of the United States Constitution for eligibility to 
        the office of President;
            ``(II) has qualified to have his or her name appear on the 
        ballots of a sufficient number of States such that the total 
        number of electors appointed in those States is greater than 50 
        percent of the total number of electors appointed in all of the 
        States; and
            ``(III) has demonstrated a significant level of public 
        support in national public opinion polls, so as to be 
        realistically considered among the principal contenders for 
        President or Vice-President of the United States; and
        ``(ii) consider whether other national organizations have 
    recognized the candidate as being among the principal contenders 
    for the general election to such offices, including whether the 
    Commission on Presidential Debates has determined that the 
    candidate is eligible to participate in the candidate debates for 
    the general election to such offices.''.
    (b) Administrator Required To Provide Technology Coordination Upon 
Request.--Section 3(a)(10) of the Presidential Transition Act of 1963 
(3 U.S.C. 102 note) is amended to read as follows:
        ``(10) Notwithstanding subsection (b), consultation by the 
    Administrator with any President-elect, Vice-President-elect, or 
    eligible candidate (as defined in subsection (h)(4)) to develop a 
    systems architecture plan for the computer and communications 
    systems of the candidate to coordinate a transition to Federal 
    systems if the candidate is elected.''.
    (c) Coordination With Other Transition Services.--
        (1) Security clearances.--Section 7601(c) of the Intelligence 
    Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b note) 
    is amended--
            (A) by striking paragraph (1) and inserting:
        ``(1) Definition.--In this section, the term `eligible 
    candidate' has the meaning given such term by section 3(h)(4) of 
    the Presidential Transition Act of 1963 (3 U.S.C. 102 note).'', and
            (B) by striking ``major party candidate'' in paragraph (2) 
        and inserting ``eligible candidate''.
        (2) Presidentially appointed positions.--Section 8403(b)(2)(B) 
    of such Act (5 U.S.C. 1101 note) is amended to read as follows:
            ``(B) Other candidates.--After making transmittals under 
        subparagraph (A), the Office of Personnel Management shall 
        transmit such electronic record to any other candidate for 
        President who is an eligible candidate described in section 
        3(h)(4)(B) of the Presidential Transition Act of 1963 (3 U.S.C. 
        102 note) and may transmit such electronic record to any other 
        candidate for President.''.
    (d) Conforming Amendments.--Section 3 of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended--
        (1) in subsection (a)(8)(B), by striking ``President-elect'' 
    and inserting ``President-elect or eligible candidate (as defined 
    in subsection (h)(4)) for President''; and
        (2) in subsection (e), by inserting ``, or eligible candidate 
    (as defined in subsection (h)(4)) for President or Vice-
    President,'' before ``may designate''.
SEC. 3. AUTHORIZATION OF TRANSITION ACTIVITIES BY THE INCUMBENT 
ADMINISTRATION.
    (a) In General.--The President of the United States, or the 
President's delegate, may take such actions as the President determines 
necessary and appropriate to plan and coordinate activities by the 
Executive branch of the Federal Government to facilitate an efficient 
transfer of power to a successor President, including--
        (1) the establishment and operation of a transition 
    coordinating council comprised of--
            (A) high-level officials of the Executive branch selected 
        by the President, which may include the Chief of Staff to the 
        President, any Cabinet officer, the Director of the Office of 
        Management and Budget, the Administrator of the General 
        Services Administration, the Director of the Office of 
        Personnel Management, the Director of the Office of Government 
        Ethics, and the Archivist of the United States, and
            (B) any other persons the President determines appropriate;
        (2) the establishment and operation of an agency transition 
    directors council which includes career employees designated to 
    lead transition efforts within Executive Departments or agencies;
        (3) the development of guidance to Executive Departments and 
    agencies regarding briefing materials for an incoming 
    administration, and the development of such materials; and
        (4) the development of computer software, publications, 
    contingency plans, issue memoranda, memoranda of understanding, 
    training and exercises (including crisis training and exercises), 
    programs, lessons learned from previous transitions, and other 
    items appropriate for improving the effectiveness and efficiency of 
    a Presidential transition that may be disseminated to eligible 
    candidates (as defined in section 3(h)(4) of the Presidential 
    Transition Act of 1963, as added by section 2(a)) and to the 
    President-elect and Vice-President-elect.
Any information and other assistance to eligible candidates under this 
subsection shall be offered on an equal basis and without regard to 
political affiliation.
    (b) Reports.--
        (1) In general.--The President of the United States, or the 
    President's delegate, shall provide to the Committee on Oversight 
    and Government Reform of the House of Representatives and the 
    Committee on Homeland Security and Governmental Affairs of the 
    Senate reports describing the activities undertaken by the 
    President and the Executive Departments and agencies to prepare for 
    the transfer of power to a new President.
        (2) Timing.--The reports under paragraph (1) shall be provided 
    six months and three months before the date of the general election 
    for the Office of President of the United States.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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