MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.

SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.(a) In General.—Section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended by striking subsection (c) and inserting the following:“(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 136 STAT. 5242 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 136 STAT. 5243 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).” . (b) Conforming Amendments.—The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended—(1) in section 3—(A) in the heading, by striking “presidents-elect and vice-presidents-elect” and inserting “apparent successful candidates”; (B) in subsection (a)—(i) in the matter preceding paragraph (1)—(I) by striking “each President-elect, each Vice-President-elect” and inserting “each apparent successful candidate for the office of President and Vice President (as determined by subsection (c))”; and (II) by striking “the President-elect and Vice-President-elect” and inserting “each such candidate”; (ii) in paragraph (1)—(I) by striking “the President-elect, the Vice-President-elect” and inserting “the apparent successful candidate”; and (II) by striking “the President-elect or Vice-President-elect” and inserting “the apparent successful candidate”; (iii) in paragraphs (2), (3), (4), and (5), by striking “the President-elect or Vice-President-elect” each place it appears and inserting “the apparent successful candidate”; (iv) in paragraph (4)(B), by striking “the President-elect, the Vice-President-elect, or the designee of the President-elect or Vice-President-elect” and inserting “the apparent successful candidate or their designee”; (v) in paragraph (8), in subparagraph (A)(v) and (B), by striking “the President-elect” and inserting “the apparent successful candidate for the office of President”; and (vi) in paragraph (10)—(I) by striking “any President-elect, Vice-President-elect, or eligible candidate” and inserting “any 136 STAT. 5244 apparent successful candidate or eligible candidate”; and (II) by striking “the President-elect and Vice President-elect” and inserting “the apparent successful candidates”; (C) in subsection (b)—(i) in paragraph (1), by striking “the President-elect or Vice-President-elect, or after the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President” and inserting “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”; and (ii) in paragraph (2), by striking “the President-elect, Vice-President-elect” and inserting “the apparent successful candidate”; (D) in subsection (d)—(i) in the first sentence, by striking “Each President-elect” and inserting “Each apparent successful candidate for the office of President”; and (ii) in the second sentence, by striking “Each Vice-President-elect” and inserting “Each apparent successful candidate for the office of Vice-President”; (E) in subsection (e)—(i) in the first sentence, by striking “Each President-elect and Vice-President-elect” and inserting “Each apparent successful candidate”; and (ii) in the second sentence, by striking “any President-elect or Vice-President-elect may be made upon the basis of a certificate by him or the assistant designated by him” and inserting “any apparent successful candidate may be made upon the basis of a certificate by the candidate or their designee”; (F) in subsection (f)—(i) in paragraph (1), by striking “The President-elect” and inserting “Any apparent successful candidate for the office of President”; and (ii) in paragraph (2), by striking “inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President” and inserting “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 subsection (g), by striking “In the case where the President-elect is the incumbent President or in the case where the Vice-President-elect is the incumbent Vice President” and inserting “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”; (H) in subsection (h)—136 STAT. 5245(i) in paragraph (2)(B)(iv), by striking “the President-elect or Vice-President-elect” and inserting “an apparent successful candidate”; and (ii) in paragraph (3)(B)(iii), by striking “the President-elect or Vice-President-elect” and inserting “an apparent successful candidate”; and (I) in subsection (i)(3)(C)—(i) in clause (i), by striking “the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President” and inserting “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”; and (ii) in clause (ii), by striking “upon request of the President-elect or the Vice-President-elect” and inserting “upon request of the apparent successful candidate”; (2) in section 4—(A) in subsection (e)—(i) in paragraph (1)(B), by striking “the President-elect and Vice-President-elect” and inserting “the apparent successful candidates (as determined by section 3(c))”; and (ii) in paragraph (4)(B), by striking “the President-elect is inaugurated” and inserting “the apparent successful candidate for the office of President is inaugurated”; and (B) in subsection (g)—(i) in paragraph (3)(A), by striking “the President-elect” and inserting “the apparent successful candidate for the office of President”; and (ii) in paragraph (3)(B)(ii)(III), by striking “the President-elect” and inserting “the apparent successful candidate for the office of President”; (3) in section 5, in the first sentence, by striking “Presidents-elect and Vice-Presidents-elect” and inserting “apparent successful candidates (as determined by section 3(c))”; (4) in section 6—(A) in subsection (a)—(i) in paragraph (1)—(I) by striking “The President-elect and Vice-President-elect” and inserting “Each apparent successful candidate (as determined by section 3(c))”; and (II) by striking “the President-elect or Vice-President-elect” and inserting “the apparent successful candidate”; (ii) in paragraph (2), by striking “The President-elect and Vice-President-elect” and inserting “Each apparent successful candidate”; and (iii) in paragraph (3)(A), by striking “inauguration of the President-elect as President and the Vice-President-elect as Vice President” and inserting “inauguration of the apparent successful candidate for the office of President as President and the apparent successful 136 STAT. 5246 candidate for the office of Vice-President as Vice President”; (B) in subsection (b)(1)—(i) in the matter preceding subparagraph (A), by striking “The President-elect and Vice-President-elect” and inserting “Each apparent successful candidate”; and (ii) in subparagraph (A), by striking “the President-elect or Vice-President-elect’s” and inserting “the apparent successful candidate’s”; and (C) in subsection (c), by striking “The President-elect and Vice-President-elect” and inserting “Each apparent successful candidate”; and (5) in section 7(a)(1), by striking “the President-elect and Vice President-elect” and inserting “the apparent successful candidates”.