II 

Calendar No. 499 

111TH CONGRESS 

2D SESSION S. 3196 

[Report No. 111–239] 

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, Mr. LIEBERMAN, 

Mr. CARPER, and Ms. COLLINS) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AUGUST 2, 2010 

Reported by Mr. LIEBERMAN, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pre-Election Presi3 dential Transition Act of 2010’’. 

4 SEC. 2. CERTAIN PRESIDENTIAL TRANSITION SERVICES 

5 MAY BE PROVIDED TO ELIGIBLE CAN6 DIDATES BEFORE GENERAL ELECTION. 

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

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

9 by adding at the end the following new subsection: 

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

11 Administrator— 

12 ‘‘(i) shall notify the candidate of the can13 didate’s right to receive the services and facili14 ties described in paragraph (2) and shall pro15 vide with such notice a description of the nature 

16 and scope of each such service and facility; and 

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

18 which such services and facilities such can19 didate will accept, shall, notwithstanding sub20 section (b), provide such services and facilities 

21 to the candidate during the period beginning on 

22 the date of the notification and ending on the 

23 date of the general elections described in sub24 section (b)(1). 

25 The Administrator shall also notify the candidate of 

26 the services provided under sections 7601(c) and 


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1 8403(b) of the Intelligence Reform and Terrorism 

2 Prevention Act of 2004. 

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

4 under subparagraph (A)(i) to each eligible can5 didate— 

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

7 party (as defined in section 9002(6) of the In8 ternal Revenue Code of 1986), on one of the 

9 first 3 business days following the last nomi10 nating convention for such major parties; and 

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

12 soon as practicable after an individual becomes 

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

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

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

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

17 prepare a report summarizing modern presidential 

18 transition activities, including a bibliography of rel19 evant resources. 

20 ‘‘(ii) The Administrator shall promptly make 

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

22 public (including through electronic means) and 

23 shall include such report with the notice provided to 

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


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

2 services and facilities described in this paragraph are the 

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

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

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

6 for use in connection with the eligible candidate’s prepara7 tions for the assumption of official duties as President or 

8 Vice-President. 

9 ‘‘(B) The Administrator— 

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

11 space provided to an eligible candidate under this 

12 subsection; 

13 ‘‘(ii) shall, as appropriate, ensure that any com14 puters or communications services provided to an eli15 gible candidate under this subsection are secure; 

16 ‘‘(iii) shall offer information and other assist17 ance to eligible candidates on an equal basis and 

18 without regard to political affiliation; and 

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

20 be provided under this subsection to reflect that the 

21 services are provided to eligible candidates rather 

22 than the President-elect or Vice-President-elect, ex23 cept that any such modification must apply to all eli24 gible candidates. 


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

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

3 provided under this subsection other than for the purposes 

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

5 candidate’s campaign shall reimburse the Administrator 

6 for any unauthorized use of such services or facilities. 

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

8 an eligible candidate may establish a separate fund for the 

9 payment of expenditures in connection with the eligible 

10 candidate’s preparations for the assumption of official du11 ties as President or Vice-President, including expenditures 

12 in connection with any services or facilities provided under 

13 this subsection (whether before such services or facilities 

14 are available under this section or to supplement such 

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

16 be established and maintained in such manner as to qual17 ify such fund for purposes of section 501(c)(4) of the In18 ternal Revenue Code of 1986. 

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

20 ‘‘(I) transfer to any separate fund estab21 lished under subparagraph (A) contributions 

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

23 Federal Election Campaign Act of 1971 (2 

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

25 general election for President or Vice-President 


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1 or payments from the Presidential Election 

2 Campaign Fund under chapter 95 of the Inter3 nal Revenue Code of 1986 the candidate re4 ceived for the general election; and 

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

6 by such separate fund. 

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

8 that are made from such contributions or payments 

9 described in clause (i)(I) shall be treated as expendi10 tures (within the meaning of section 301(9) of such 

11 Act (2 U.S.C. 431(9))) or qualified campaign ex12 penses (within the meaning of section 9002(11) of 

13 such Code), whichever is applicable. 

14 ‘‘(iii) An eligible candidate establishing a sepa15 rate fund under subparagraph (A) shall (as a condi16 tion for receiving services and facilities described in 

17 paragraph (2)) comply with all requirements and 

18 limitations of section 5 in soliciting or expending 

19 amounts in the same manner as the President-elect 

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

21 transfer and expenditure of amounts described in 

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

23 section 5. 

24 ‘‘(4)(A) In this subsection, the term ‘eligible can25 didate’ means, with respect to any presidential election (as 


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

2 of 1986)— 

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

4 section 9002(6) of such Code) for President or Vice5 President of the United States; and 

6 ‘‘(ii) any other candidate who has been deter7 mined by the Administrator to be among the prin8 ciple contenders for the general election to such of9 fices. 

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

11 (A)(ii), the Administrator shall— 

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

13 an eligible candidate under such subparagraph— 

14 ‘‘(I) meets the requirements described in 

15 article II, section 1, of the United States Con16 stitution for eligibility to the office of President; 

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

18 appear on the ballots of a sufficient number of 

19 States such that the total number of electors 

20 appointed in those States is greater than 50 

21 percent of the total number of electors ap22 pointed in all of the States; and 

23 ‘‘(III) has demonstrated a significant level 

24 of public support in national public opinion 

25 polls, so as to be realistically considered among 


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1 the principal contenders for President or Vice2 President of the United States; and 

3 ‘‘(ii) consider whether other national organiza4 tions have recognized the candidate as being among 

5 the principal contenders for the general election to 

6 such offices, including whether the Commission on 

7 Presidential Debates has determined that the can8 didate is eligible to participate in the candidate de9 bates for the general election to such offices.’’. 

10 (b) ADMINISTRATOR REQUIRED TO PROVIDE TECH11 NOLOGY COORDINATION UPON REQUEST.—Section 

12 3(a)(10) of the Presidential Transition Act of 1963 (3 

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

14 ‘‘(10) Notwithstanding subsection (b), consulta15 tion by the Administrator with any President-elect, 

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

17 in subsection (h)(4)) to develop a systems architec18 ture plan for the computer and communications sys19 tems of the candidate to coordinate a transition to 

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

21 (c) COORDINATION WITH OTHER TRANSITION SERV22 ICES.— 

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

24 of the Intelligence Reform and Terrorism Prevention 

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


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1 (A) by striking paragraph (1) and insert2 ing: 

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

4 ‘eligible candidate’ has the meaning given such term 

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

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

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

8 paragraph (2) and inserting ‘‘eligible can9 didate’’. 

10 (2) PRESIDENTIALLY APPOINTED POSITIONS.— 

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

12 note) is amended to read as follows: 

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

14 transmittals under subparagraph (B), the Of15 fice of Personnel Management shall transmit 

16 such electronic record to any other candidate 

17 for President who is an eligible candidate de18 scribed in section 3(h)(4)(B) of the Presidential 

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

20 may transmit such electronic record to any 

21 other candidate for President.’’. 

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

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

24 is amended— 


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1 (1) in subsection (a)(8)(B), by striking ‘‘Presi2 dent-elect’’ and inserting ‘‘President-elect or eligible 

3 candidate (as defined in subsection (h)(4)) for Presi4 dent’’; and 

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

6 candidate (as defined in subsection (h)(4)) for Presi7 dent or Vice-President,’’ before ‘‘may designate’’. 

8 SEC. 3. AUTHORIZATION OF TRANSITION ACTIVITIES BY 

9 THE OUTGOING ADMINISTRATION. 

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

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

12 as the President determines necessary and appropriate to 

13 plan and coordinate activities by the Executive branch of 

14 the Federal Government to facilitate an efficient transfer 

15 of power to a successor President, including— 

16 (1) the establishment and operation of a transi17 tion coordinating council comprised of— 

18 (A) high-level officials of the Executive 

19 branch selected by the President, which may in20 clude the Chief of Staff to the President, any 

21 Cabinet officer, the Director of the Office of 

22 Management and Budget, the Administrator of 

23 the General Services Administration, and the 

24 Director of the Office of Personnel Manage25 ment; and 


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1 (B) any other persons the President deter2 mines appropriate; 

3 (2) the establishment and operation of an agen4 cy transition directors council which includes career 

5 employees designated to lead transition efforts with6 in Executive Departments or agencies; 

7 (3) the development of guidance to Executive 

8 Departments and agencies regarding briefing mate9 rials for an incoming administration, and the devel10 opment of such materials; and 

11 (4) the development of computer software, pub12 lications, contingency plans, issue memoranda, 

13 memoranda of understanding, training and exercises 

14 (including crisis training and exercises), programs, 

15 lessons learned from previous transitions, and other 

16 items appropriate for improving the effectiveness 

17 and efficiency of a Presidential transition that may 

18 be disseminated to eligible candidates (as defined in 

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

20 1963, as added by section 2(a)) and to the Presi21 dent-elect and Vice-President-elect. 

22 Any information and other assistance to eligible can23 didates under this subsection shall be offered on an equal 

24 basis and without regard to political affiliation. 

25 (b) REPORTS.— 


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

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

3 the Committee on Oversight and Government Re4 form of the House of Representatives and the Com5 mittee on Homeland Security and Governmental Af6 fairs of the Senate reports describing the activities 

7 undertaken by the President and the Executive De8 partments and agencies to prepare for the transfer 

9 of power to a new President. 

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

11 shall be provided six months and three months be12 fore the date of the general election for the Office 

13 of President of the United States. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out the provisions of this section. 


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Calendar No. 499 

111TH CONGRESS 

2D SESSION S. 3196 

[Report No. 111–239] 

A BILL 

To amend the Presidential Transition Act of 1963 

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

AUGUST 2, 2010 

Reported without amendment 


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