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- 
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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 VicePresident-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. 
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‘‘(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 Presidentelect 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.— 
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(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 
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(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.