[111th Congress Public Law 283]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 3045]]
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. <<NOTE: Oct. 15, 2010 - [S. 3196]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Pre-Election
Presidential Transition Act of 2010.>>
SECTION 1. <<NOTE: 3 USC 1 note.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Deadline. Reports.>> 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 <<NOTE: Public information.>> 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.
[[Page 124 STAT. 3047]]
``(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 <<NOTE: Definition.>> 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.--
[[Page 124 STAT. 3048]]
(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 <<NOTE: Records.>> 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 <<NOTE: 3 USC 102 note.>> 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:
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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.
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