    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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 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 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.

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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 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.--

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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.

    Approved October 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.