Sec. 3. services and facilities authorized to be provided to apparent successful candidates

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## Sec. 3 services and facilities authorized to be provided to apparent successful candidates ###

(a)The Administrator of General Services, referred to hereafter in this Act as “the Administrator,” is authorized to provide, upon request, to each apparent successful candidate for the office of President and Vice President (as determined by subsection (c)), and, for up to 60 days after the date of the inauguration of each such candidate, each President and Vice President, for use in connection with the preparations for the assumption of official duties as President or Vice President necessary services and facilities, including the following: ####

(1)Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies, as determined by the Administrator, after consultation with the apparent successful candidate, or their designee provided for in subsection

(e)of this section, at such place or places within the United States as the apparent successful candidate shall designate. ####

(2)Payment of the compensation of members of office staffs designated by the apparent successful candidate at rates determined by them not to exceed the rate provided by the Classification Act of 1949, as amended, for grade GS–18: *Provided,* That any employee of any agency of any branch of the Government, or an employee of a committee of either House of Congress, a joint committee of the Congress, or an individual Member of Congress, may be detailed to such staffs on a reimbursable basis with the consent of the head of the agency, or in the case of an employee in a position in the legislative branch, with the consent of the supervising Member of Congress; and while so detailed such employee shall be responsible only to the apparent successful candidate for the performance of his duties: *Provided further,* That any employee so detailed shall continue to receive the compensation provided pursuant to law for his regular employment, and shall retain the rights and privileges of such employment without interruption. Notwithstanding any other law, persons receiving compensation as members of office staffs under this subsection, other than those detailed from agencies, shall not be held or considered to be employees of the Federal Government except for purposes of the Civil Service Retirement Act, the Federal Employees' Compensation Act, the Federal Employees' Group Life Insurance Act of 1954, and the Federal Employees Health Benefits Act of 1959. ####

(3)Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the apparent successful candidate, as authorized for the head of any department by section 15 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 55a),.1 1So in law. Public Law 94–499, sec. 1(b), 90 Stat. 2380, failed to strikeout “,” after “(5 U.S.C. 55a),” in section 3(a)(3) of the Presidential Transition Act of 1963. Public Law 106–293, sec. 2(2), 114 Stat. 1035, struck the semicolon at the end of paragraphs

(1)through

(6)and inserting a period. ####

(4)#####

(A)Payment of travel expenses and subsistence allowances, including rental of Government or hired motor vehicles, found necessary by the apparent successful candidate, as authorized for persons employed intermittently or for persons serving without compensation by section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2), as may be appropriate; #####

(B)When requested by the apparent successful candidate or their designee, and approved by the President, Government aircraft may be provided for transition purposes on a reimbursable basis; when requested by the apparent successful candidate or their designee, aircraft may be chartered for transition purposes; and any collections from the Secret Service, press, or other occupying space on chartered aircraft shall be deposited to the credit of the appropriations made under section 7 of this Act. ####

(5)Communications services found necessary by the apparent successful candidate. ####

(6)Payment of expenses for necessary printing and binding, notwithstanding the Act of January 12, 1895, and the Act of March 1, 1919, as amended (44 U.S.C. 111). ####

(7)Reimbursement to the postal revenues in amounts equivalent to the postage that would otherwise be payable on mail matter referred to in subsection

(d)of this section. ####

(8)#####

(A)######

(i)Not withstanding subsection (b), payment of expenses during the transition and during the term of a President for briefings, workshops, or other activities to acquaint key prospective Presidential appointees with the types of problems and challenges that most typically confront new political appointees when they make the transition from campaign and other prior activities to assuming the responsibility for governance. ######

(ii)Activities under this paragraph may include interchange between such appointees and individuals who— ######

(I)held similar leadership roles in prior administrations; ######

(II)are department or agency experts from the Office of Management and Budget or an Office of Inspector General of a department or agency; or ######

(III)are relevant staff from the General Accounting Office. ######

(iii)Activities under this paragraph may include training or orientation in records management to comply with section 2203 of title 44, United States Code, including training on the separation of Presidential records and personal records to comply with subsection

(b)of that section. ######

(iv)Activities under this paragraph may include training or orientation in human resources management and performance-based management. ###### (v)2 Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of specific operational threats to national security; major military or covert operations; and pending decisions on possible uses of military force. This summary shall be provided to the apparent successful candidate for the office of President as soon as possible after the date of the general elections held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code. 2Margin so in law. #####

(B)Activities under this paragraph shall be conducted primarily for individuals the apparent successful candidate for the office of President or eligible candidate (as defined in subsection (h)(4)) for President intends to nominate as department heads or appoint to key positions in the Executive Office of the President or Executive agencies (as defined in section 105 of title 5, United States Code). ####

(9)#####

(A)Notwithstanding subsection (b), development of a transition directory by the Administrator of General Services Administration, in consultation with the Archivist of the United States (head of the National Archives and Records Administration) for activities conducted under paragraph (8). #####

(B)The transition directory shall be a compilation of Federal publications and materials with supplementary materials developed by the Administrator that provides information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency. ####

(10)Notwithstanding subsection (b), consultation by the Administrator with any apparent successful candidate 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 including, to the greatest extent practicable, human resource management system software compatible with the software used by the incumbent President and likely to be used by the apparent successful candidates. ###

(b)The Administrator shall expend funds for the provision of services and facilities under this section— ####

(1)in connection with any obligation incurred by the apparent successful candidates, or after the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President incurred by the President or Vice President, during the period— #####

(A)beginning on the day after the date of the general elections held to determine the electors of the President and Vice President under section 1 or 2 of title 3, United States Code; and #####

(B)ending on the date that is 60 days after the date of such inauguration; and ####

(2)without regard to whether the apparent successful candidate, President, or Vice President submits to the Administrator a request for payment regarding services or facilities before the end of such period. ###

(c)####

(1)Apparent successful candidates #####

(A)In general For purposes of this Act, the “**apparent successful candidate**” for the office of President and Vice President, respectively, shall be determined as follows: ######

(i)If all but one eligible candidate for the office of President and one eligible candidate for the office of Vice President, respectively, concede the election, then the candidate for each such office who has not conceded shall be the apparent successful candidate for each such office. ######

(ii)If, on the date that is 5 days after the date of the election, more than one eligible candidate for the office of President has not conceded the election, then each of the remaining eligible candidates for such office and the office of Vice President who have not conceded shall be treated as the apparent successful candidates until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause

(iii)or clause (iv). ######

(iii)If a single candidate for the office of President or Vice President is determined by the Administrator to meet the qualifications under subparagraph (B), the Administrator may determine that such candidate shall solely be treated as the apparent successful candidate for that office until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iv). ######

(iv)If a single candidate for the office of President or Vice President is the apparent successful candidate for such office under subparagraph (C), that candidate shall solely be treated as the apparent successful candidate for that office. #####

(B)Interim discretionary qualifications On or after the date that is 5 days after the date of the election, the Administrator may determine that a single candidate for the office of President or Vice President shall be treated as the sole apparent successful candidate for that office pursuant to subparagraph (A)(iii) if it is substantially certain the candidate will receive a majority of the pledged votes of electors, based on consideration of the following factors: ######

(i)The results of the election for such office in States in which significant legal challenges that could alter the outcome of the election in the State have been substantially resolved, such that the outcome is substantially certain. ######

(ii)The certified results of the election for such office in States in which the certification is complete. ######

(iii)The results of the election for such office in States in which there is substantial certainty of an apparent successful candidate based on the totality of the circumstances. #####

(C)Mandatory qualifications ######

(i)In general Notwithstanding subparagraph

(A)or (B), a candidate shall be the sole apparent successful candidate for the office of President or Vice President pursuant to subparagraph (A)(iv) for purposes of this Act if— ######

(I)the candidate receives a majority of pledged votes of electors of such office based on certifications by States of their final canvass, and the conclusion of any recounts, legal actions, or administrative actions pertaining to the results of the election for such office; ######

(II)in the case where subclause

(I)is not met, the candidate receives a majority of votes of electors of such office at the meeting and vote of electors under section 7 of title 3, United States Code; or ######

(III)in the case where neither subclause

(I)or

(II)is met, the candidate is declared as the person elected to such office at the joint session of Congress under section 15 of title 3, United States Code. ######

(ii)Clarification if state unable to certify election results or appoints more than one slate of electors For purposes of subclauses

(I)and

(II)of clause (i), if a State is unable to certify its election results or a State appoints more than one slate of electors, the votes of the electors of such State shall not count towards meeting the qualifications under such subclauses. ####

(2)Period of Multiple Possible Apparent successful Candidates During any period in which there is more than one possible apparent successful candidate for the office of President— #####

(A)the Administrator is authorized to provide, upon request, to each remaining eligible candidate for such office and the office of Vice President described in paragraph (1)(A)(ii) access to services and facilities pursuant to this Act; #####

(B)the Administrator, in conjunction with the Federal Transition Coordinator designated under section 4(c) and the senior career employee of each agency and senior career employee of each major component and subcomponent of each agency designated under subsection (f)(1) to oversee and implement the activities of the agency, component, or subcomponent relating to the Presidential transition, shall make efforts to ensure that each such candidate is provided equal access to agency information and spaces as requested pursuant to this Act; #####

(C)the Administrator shall provide weekly reports to Congress containing a brief summary of the status of funds being distributed to such candidates under this Act, the level of access to agency information and spaces provided to such candidates, and the status of such candidates with respect to meeting the qualifications to be the apparent successful candidate for the office of President or Vice President under subparagraph

(B)or

(C)of paragraph (1); and #####

(D)if a single candidate for the office of President or Vice President is treated as the apparent successful candidate for such office pursuant to subparagraph (A)(iii) or (A)(iv) of paragraph (1), not later than 24 hours after such treatment is effective, the Administrator shall make available to the public a written statement that such candidate is treated as the sole apparent successful candidate for such office for purposes of this Act, including a description of the legal basis and reasons for such treatment based on the qualifications under subparagraph

(B)or

(C)of paragraph (1), as applicable. ####

(3)Definition In this subsection, the term “eligible candidate” has the meaning given that term in subsection (h)(4). ###

(d)Each apparent successful candidate for the office of President shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him in connection with his preparations for the assumption of official duties as President, and such mail matter shall be transmitted as penalty mail as provided in title 39, United States Code, section 4152. Each apparent successful candidate for the office of Vice-President shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him under his written autograph signature in connection with his preparations for the assumption of official duties as Vice President. ###

(e)Each apparent successful candidate, or eligible candidate (as defined in subsection (h)(4)) for President or Vice-President, may designate to the Administrator an assistant authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Act. Not more than 10 per centum of the total expenditures under this Act for any apparent successful candidate may be made upon the basis of a certificate by the candidate or their designee pursuant to this section that such expenditures are classified and are essential to the national security, and that they accord with the provisions of subsections (a), (b), and

(d)of this section. ###

(f)####

(1)Any apparent successful candidate for the office of President should submit to the Federal Bureau of Investigation or other appropriate agency and then, upon taking effect and designation, to the agency designated by the President under section 115(b) of the National Intelligence Reform Act of 2004, the names of candidates for high level national security positions through the level of undersecretary of cabinet departments as soon as possible after the date of the general elections held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code. ####

(2)The responsible agency or agencies shall undertake and complete as expeditiously as possible the background investigations necessary to provide appropriate security clearances to the individuals who are candidates described under paragraph

(1)before the date of the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President. ###

(g)In the case where an apparent successful candidate for the office of President is the incumbent President or in the case where an apparent successful candidate for the office of Vice President is the incumbent Vice President, except for activities under subsection (a)(8)(A), there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this Act, and any funds appropriated for such purposes shall be returned to the general funds of the Treasury. ###

(h)####

(1)#####

(A)In the case of an eligible candidate, the Administrator— ###### (i)3 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 3Margins so in law. Probably should be moved 2 ems to the left margin (including the continuation text following clause

(ii)of subsection (h)(1)(A)). ###### (ii)3 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)3 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)3 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 information technology 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 an apparent successful candidate, 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. #####

(D)An eligible candidate shall have a right to the services and facilities described in this paragraph until the date on which the Administrator is able to determine the apparent successful candidates for the office of President and Vice President. ####

(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)4 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 4Margins so in law. Probably should be moved 2 ems to the left margin. ###### (II)4 solicit and accept amounts for receipt by such separate fund. ###### (ii)4 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)4 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 6 in soliciting or expending amounts in the same manner as an apparent successful candidate, including reporting on the transfer and expenditure of amounts described in subparagraph (B)(i) in the disclosures required by section 6. ####

(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. ###

(i)Memorandums of Understanding ####

(1)In general Not later than September 1 of a year during which a Presidential election occurs, the Administrator shall, to the maximum extent practicable, enter into a memorandum of understanding with each eligible candidate, which shall include, at a minimum, the conditions for the administrative support services and facilities described in subsection (a). ####

(2)Existing resources To the maximum extent practicable, a memorandum of understanding entered into under paragraph

(1)shall be based on memorandums of understanding relating to previous Presidential transitions. ####

(3)Transition representative #####

(A)Designation of representative for inquiries Each memorandum of understanding entered into under this subsection shall designate a representative of the eligible candidate to whom the Administrator shall direct any inquiries or legal instruments regarding the records of the eligible candidate that are in the custody of the Administrator. #####

(B)Change in transition representative The designation of a new individual as the transition representative of an eligible candidate shall not require the execution of a new memorandum of understanding under this subsection. #####

(C)Termination of designation The designation of a transition representative under a memorandum of understanding shall terminate— ######

(i)not later than September 30 of the year during which the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President occurs; or ######

(ii)before the date described in clause (i), upon request of the apparent successful candidate or, after such inauguration, upon request of the President or the Vice President. ####

(4)Amendments Any amendment to a memorandum of understanding entered into under this subsection shall be agreed to in writing. ####

(5)Prior notification of deviation Each party to a memorandum of understanding entered into under this subsection shall provide written notice, except to the extent prohibited under another provision of law, not later than 3 days before taking any action that deviates from the terms and conditions agreed to in the memorandum of understanding. ####

(6)Definition In this subsection, the term “**eligible candidate**” has the meaning given that term in subsection (h)(4).

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