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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3196 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
                                S. 3196

_______________________________________________________________________

                                 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.

            Passed the Senate September 24, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                S. 3196

_______________________________________________________________________

                                 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.
```