Pre-Election Presidential Transition Act of 2010
PL 111-283 (S.3196), enacted 10/15/2010

124 STAT. 3045 
PUBLIC LAW 111–283—OCT. 15, 2010 
Public Law 111–283 
111th Congress 
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 Transi-
tion Act of 2010’’. 
SEC. 2. CERTAIN PRESIDENTIAL TRANSITION SERVICES MAY BE PRO-
VIDED TO ELIGIBLE CANDIDATES BEFORE GENERAL ELEC-
TION. 
(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 Adminis-
trator— 
‘‘(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 can-
didate (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- 
Deadline. 
Reports. 
Notification. 
Notification. 
3 USC 1 note. 
Pre-Election 
Presidential 
Transition Act of 
2010. 
Oct. 15, 2010 
[S. 3196] 
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124 STAT. 3046 
PUBLIC LAW 111–283—OCT. 15, 2010 
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 subpara-
graph (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 subpara-
graph (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 expendi-
tures 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 estab-
lished 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 sec-
tion 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. 
Public 
information. 
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124 STAT. 3047 
PUBLIC LAW 111–283—OCT. 15, 2010 
‘‘(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 serv-
ices 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 realisti-
cally considered among the principal contenders for Presi-
dent or Vice-President of the United States; and 
‘‘(ii) consider whether other national organizations have 
recognized the candidate as being among the principal con-
tenders for the general election to such offices, including 
whether the Commission on Presidential Debates has deter-
mined that the candidate is eligible to participate in the can-
didate 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 communica-
tions systems of the candidate to coordinate a transition to 
Federal systems if the candidate is elected.’’. 
(c) COORDINATION WITH OTHER TRANSITION SERVICES.— 
Definition. 
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124 STAT. 3048 
PUBLIC LAW 111–283—OCT. 15, 2010 
(1) SECURITY CLEARANCES.—Section 7601(c) of the Intel-
ligence 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 can-
didate’ 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 Manage-
ment 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 INCUM-
BENT ADMINISTRATION. 
(a) IN GENERAL.—The President of the United States, or the 
President’s delegate, may take such actions as the President deter-
mines 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 coordi-
nating 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 appro-
priate; 
(2) the establishment and operation of an agency transition 
directors council which includes career employees designated 
to lead transition efforts within Executive Departments or agen-
cies; 
(3) the development of guidance to Executive Departments 
and agencies regarding briefing materials for an incoming 
administration, and the development of such materials; and 
3 USC 102 note. 
Records. 
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124 STAT. 3049 
PUBLIC LAW 111–283—OCT. 15, 2010 
LEGISLATIVE HISTORY—S. 3196: 
SENATE REPORTS: No. 111–239 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Sept. 24, considered and passed Senate. 
Sept. 28, 29, considered and passed House. 
(4) the development of computer software, publications, 
contingency plans, issue memoranda, memoranda of under-
standing, 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 dissemi-
nated 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 Representa-
tives and the Committee on Homeland Security and Govern-
mental 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 pro-
vided 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. 
Approved October 15, 2010. 
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