II 

111TH CONGRESS 

2D SESSION S. 3196 

To amend the Presidential Transition Act of 1963 to provide that certain 

transition services shall be available to eligible candidates before the 

general election. 

IN THE SENATE OF THE UNITED STATES 

APRIL 13, 2010 

Mr. KAUFMAN (for himself, Mr. VOINOVICH, Mr. AKAKA, and Mr. 

LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Presidential Transition Act of 1963 to provide 

that certain transition services shall be available to eligible candidates before the general election. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pre-Election Presi5 dential Transition Act of 2010’’. 


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1 SEC. 2. CERTAIN PRESIDENTIAL TRANSITION SERVICES 

2 MAY BE PROVIDED TO ELIGIBLE CAN3 DIDATES BEFORE GENERAL ELECTION. 

4 (a) IN GENERAL.—Section 3 of the Presidential 

5 Transition Act of 1963 (3 U.S.C. 102 note) is amended 

6 by adding at the end the following new subsection: 

7 ‘‘(h)(1)(A) In the case of an eligible candidate, the 

8 Administrator— 

9 ‘‘(i) shall notify the candidate of the can10 didate’s right to receive the services and facili11 ties described in paragraph (2) and shall pro12 vide with such notice a description of the nature 

13 and scope of each such service and facility; and 

14 ‘‘(ii) upon notification by the candidate of 

15 which such services and facilities such can16 didate will accept, shall, notwithstanding sub17 section (b), provide such services and facilities 

18 to the candidate during the period beginning on 

19 the date of the notification and ending on the 

20 date of the general elections described in sub21 section (b)(1). 

22 The Administrator shall also notify the candidate of 

23 the services provided under sections 7601(c) and 

24 8403(b) of the Intelligence Reform and Terrorism 

25 Prevention Act of 2004. 


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1 ‘‘(B) The Administrator shall provide the notice 

2 under subparagraph (A)(i) to each eligible can3 didate— 

4 ‘‘(i) in the case of a candidate of a major 

5 party (as defined in section 9002(6) of the In6 ternal Revenue Code of 1986), on one of the 

7 first 3 business days following the last nomi8 nating convention for such major parties; and 

9 ‘‘(ii) in the case of any other candidate, as 

10 soon as practicable after an individual becomes 

11 an eligible candidate (or, if later, at the same 

12 time as notice is provided under clause (i)). 

13 ‘‘(C)(i) The Administrator shall, not later than 

14 January 1 of 2012 and of every 4th year thereafter, 

15 prepare a report summarizing modern presidential 

16 transition activities, including a bibliography of rel17 evant resources. 

18 ‘‘(ii) The Administrator shall promptly make 

19 the report under clause (i) generally available to the 

20 public (including through electronic means) and 

21 shall include such report with the notice provided to 

22 each eligible candidate under subparagraph (A)(i). 

23 ‘‘(2)(A) Except as provided in subparagraph (B), the 

24 services and facilities described in this paragraph are the 

25 services and facilities described in subsection (a) (other 


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1 than paragraphs (2), (3), (4), and (7) thereof), but only 

2 to the extent that the use of the services and facilities is 

3 for use in connection with the eligible candidate’s prepara4 tions for the assumption of official duties as President or 

5 Vice-President. 

6 ‘‘(B) The Administrator— 

7 ‘‘(i) shall determine the location of any office 

8 space provided to an eligible candidate under this 

9 subsection; 

10 ‘‘(ii) shall, as appropriate, ensure that any com11 puters or communications services provided to an eli12 gible candidate under this subsection are secure; 

13 ‘‘(iii) shall offer information and other assist14 ance to eligible candidates on an equal basis and 

15 without regard to political affiliation; and 

16 ‘‘(iv) may modify the scope of any services to 

17 be provided under this subsection to reflect that the 

18 services are provided to eligible candidates rather 

19 than the President-elect or Vice-President-elect, ex20 cept that any such modification must apply to all eli21 gible candidates. 

22 ‘‘(C) An eligible candidate, or any person on behalf 

23 of the candidate, shall not use any services or facilities 

24 provided under this subsection other than for the purposes 

25 described in subparagraph (A), and the candidate or the 


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1 candidate’s campaign shall reimburse the Administrator 

2 for any unauthorized use of such services or facilities. 

3 ‘‘(3)(A) Notwithstanding any other provision of law, 

4 an eligible candidate may establish a separate fund for the 

5 payment of expenditures in connection with the eligible 

6 candidate’s preparations for the assumption of official du7 ties as President or Vice-President, including expenditures 

8 in connection with any services or facilities provided under 

9 this subsection (whether before such services or facilities 

10 are available under this section or to supplement such 

11 services or facilities when so provided). Such fund shall 

12 be established and maintained in such manner as to qual13 ify such fund for purposes of section 501(c)(4) of the In14 ternal Revenue Code of 1986. 

15 ‘‘(B)(i) The eligible candidate may— 

16 ‘‘(I) transfer to any separate fund estab17 lished under subparagraph (A) contributions 

18 (within the meaning of section 301(8) of the 

19 Federal Election Campaign Act of 1971 (2 

20 U.S.C. 431(8))) the candidate received for the 

21 general election for President or Vice-President 

22 or payments from the Presidential Election 

23 Campaign Fund under chapter 95 of the Inter24 nal Revenue Code of 1986 the candidate re25 ceived for the general election; and 


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1 ‘‘(II) solicit and accept amounts for receipt 

2 by such separate fund. 

3 ‘‘(ii) Any expenditures from the separate fund 

4 that are made from such contributions or payments 

5 described in clause (i)(I) shall be treated as expendi6 tures (within the meaning of section 301(9) of such 

7 Act (2 U.S.C. 431(9))) or qualified campaign ex8 penses (within the meaning of section 9002(11) of 

9 such Code), whichever is applicable. 

10 ‘‘(iii) An eligible candidate establishing a sepa11 rate fund under subparagraph (A) shall (as a condi12 tion for receiving services and facilities described in 

13 paragraph (2)) comply with all requirements and 

14 limitations of section 5 in soliciting or expending 

15 amounts in the same manner as the President-elect 

16 or Vice-President-elect, including reporting on the 

17 transfer and expenditure of amounts described in 

18 subparagraph (B)(i) in the disclosures required by 

19 section 5. 

20 ‘‘(4)(A) In this subsection, the term ‘eligible can21 didate’ means, with respect to any presidential election (as 

22 defined in section 9002(10) of the Internal Revenue Code 

23 of 1986)— 


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1 ‘‘(i) a candidate of a major party (as defined in 

2 section 9002(6) of such Code) for President or Vice3 President of the United States; and 

4 ‘‘(ii) any other candidate who has been deter5 mined by the Administrator to be among the prin6 ciple contenders for the general election to such of7 fices. 

8 ‘‘(B) In making a determination under subparagraph 

9 (A)(ii), the Administrator shall— 

10 ‘‘(i) ensure that any candidate determined to be 

11 an eligible candidate under such subparagraph— 

12 ‘‘(I) meets the requirements described in 

13 article II, section 1, of the United States Con14 stitution for eligibility to the office of President; 

15 ‘‘(II) has qualified to have his or her name 

16 appear on the ballots of a sufficient number of 

17 States such that the total number of electors 

18 appointed in those States is greater than 50 

19 percent of the total number of electors ap20 pointed in all of the States; and 

21 ‘‘(III) has demonstrated a significant level 

22 of public support in national public opinion 

23 polls, so as to be realistically considered among 

24 the principal contenders for President or Vice25 President of the United States; and 


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1 ‘‘(ii) consider whether other national organiza2 tions have recognized the candidate as being among 

3 the principal contenders for the general election to 

4 such offices, including whether the Commission on 

5 Presidential Debates has determined that the can6 didate is eligible to participate in the candidate de7 bates for the general election to such offices.’’. 

8 (b) ADMINISTRATOR REQUIRED TO PROVIDE TECH9 NOLOGY COORDINATION UPON REQUEST.—Section 

10 3(a)(10) of the Presidential Transition Act of 1963 (3 

11 U.S.C. 102 note) is amended to read as follows: 

12 ‘‘(10) Notwithstanding subsection (b), consulta13 tion by the Administrator with any President-elect, 

14 Vice-President-elect, or eligible candidate (as defined 

15 in subsection (h)(4)) to develop a systems architec16 ture plan for the computer and communications sys17 tems of the candidate to coordinate a transition to 

18 Federal systems if the candidate is elected.’’. 

19 (c) COORDINATION WITH OTHER TRANSITION SERV20 ICES.— 

21 (1) SECURITY CLEARANCES.—Section 7601(c) 

22 of the Intelligence Reform and Terrorism Prevention 

23 Act of 2004 (50 U.S.C. 435b note) is amended— 

24 (A) by striking paragraph (1) and insert25 ing: 


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1 ‘‘(1) DEFINITION.—In this section, the term 

2 ‘eligible candidate’ has the meaning given such term 

3 by section 3(h)(4) of the Presidential Transition Act 

4 of 1963 (3 U.S.C. 102 note).’’, and 

5 (B) by striking ‘‘major party candidate’’ in 

6 paragraph (2) and inserting ‘‘eligible can7 didate’’. 

8 (2) PRESIDENTIALLY APPOINTED POSITIONS.— 

9 Section 8403(b)(2)(B) of such Act (5 U.S.C. 1101 

10 note) is amended to read as follows: 

11 ‘‘(B) OTHER CANDIDATES.—After making 

12 transmittals under subparagraph (B), the Of13 fice of Personnel Management shall transmit 

14 such electronic record to any other candidate 

15 for President who is an eligible candidate de16 scribed in section 3(h)(4)(B) of the Presidential 

17 Transition Act of 1963 (3 U.S.C. 102 note) and 

18 may transmit such electronic record to any 

19 other candidate for President.’’. 

20 (d) CONFORMING AMENDMENTS.—Section 3 of the 

21 Presidential Transition Act of 1963 (3 U.S.C. 102 note) 

22 is amended— 

23 (1) in subsection (a)(8)(B), by striking ‘‘Presi24 dent-elect’’ and inserting ‘‘President-elect or eligible 


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1 candidate (as defined in subsection (h)(4)) for Presi2 dent’’; and 

3 (2) in subsection (e), by inserting ‘‘, or eligible 

4 candidate (as defined in subsection (h)(4)) for Presi5 dent or Vice-President,’’ before ‘‘may designate’’. 

6 SEC. 3. AUTHORIZATION OF TRANSITION ACTIVITIES BY 

7 THE OUTGOING ADMINISTRATION. 

8 (a) IN GENERAL.—The President of the United 

9 States, or the President’s delegate, may take such actions 

10 as the President determines necessary and appropriate to 

11 plan and coordinate activities by the Executive branch of 

12 the Federal Government to facilitate an efficient transfer 

13 of power to a successor President, including— 

14 (1) the establishment and operation of a transi15 tion coordinating council comprised of— 

16 (A) high-level officials of the Executive 

17 branch selected by the President, which may in18 clude the Chief of Staff to the President, any 

19 Cabinet officer, the Director of the Office of 

20 Management and Budget, the Administrator of 

21 the General Services Administration, and the 

22 Director of the Office of Personnel Manage23 ment; and 

24 (B) any other persons the President deter25 mines appropriate; 


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1 (2) the establishment and operation of an agen2 cy transition directors council which includes career 

3 employees designated to lead transition efforts with4 in Executive Departments or agencies; 

5 (3) the development of guidance to Executive 

6 Departments and agencies regarding briefing mate7 rials for an incoming administration, and the devel8 opment of such materials; and 

9 (4) the development of computer software, pub10 lications, contingency plans, issue memoranda, 

11 memoranda of understanding, training and exercises 

12 (including crisis training and exercises), programs, 

13 lessons learned from previous transitions, and other 

14 items appropriate for improving the effectiveness 

15 and efficiency of a Presidential transition that may 

16 be disseminated to eligible candidates (as defined in 

17 section 3(h)(4) of the Presidential Transition Act of 

18 1963, as added by section 2(a)) and to the Presi19 dent-elect and Vice-President-elect. 

20 Any information and other assistance to eligible can21 didates under this subsection shall be offered on an equal 

22 basis and without regard to political affiliation. 

23 (b) REPORTS.— 

24 (1) IN GENERAL.—The President of the United 

25 States, or the President’s delegate, shall provide to 


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1 the Committee on Oversight and Government Re2 form of the House of Representatives and the Com3 mittee on Homeland Security and Governmental Af4 fairs of the Senate reports describing the activities 

5 undertaken by the President and the Executive De6 partments and agencies to prepare for the transfer 

7 of power to a new President. 

8 (2) TIMING.—The reports under paragraph (1) 

9 shall be provided six months and three months be10 fore the date of the general election for the Office 

11 of President of the United States. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as may be 

14 necessary to carry out the provisions of this section. 

Æ 


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