< Back to S. 3196 (111th Congress, 2009–2010)

Text of the Pre-Election Presidential Transition Act of 2010

This bill was enacted after being signed by the President on October 15, 2010. The text of the bill below is as of Oct 2, 2010 (Passed Congress/Enrolled Bill).

Download PDF

Source: GPO

One Hundred Eleventh Congress of the United States of America

2d Session

S. 3196

IN THE SENATE OF THE UNITED STATES

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.

1.

Short title

This Act may be cited as the Pre-Election Presidential Transition Act of 2010.

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.

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.

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