To:	Congressional staff Seeking Service on the Presidential Transition Team of the President-Elect and Vice President-Elect (“the Transition”)

From:	Office of General Counsel of the Transition

Date:	November 13, 2008

It is generally the policy of the Transition that Congressional staff will not serve as volunteers or as paid, “detailed” personnel, in the Transition, subject to exceptions where it is determined that the particular experience or skills possessed by a staff member would significantly contribute to the successful achievement of the Transition’s objectives. All such decisions will be made on a case-by-case basis and should be submitted to the Transition legal team for review and approval.

The below guidance applies to employees of the U.S. House and Senate (whether employed by a personal, leadership, or committee office) who are approved for service on the Transition.

U.S. Senate Staff

Staffers in personal, committee, or leadership offices of the U.S. Senate who have been approved to serve on the Transition have three options: 1) they can assist the Transition as a detailee; 2) they can assist the Transition as a legislative coordinator who remains on Senate payroll; and 3) they can assist the Transition as a volunteer.

1) Assist the Transition as a Detailee:

The Presidential Transition Act, as amended, authorizes the detailing of federal employees to the Transition.

A detailed congressional staffer works under the direction and supervision of Transition personnel, and the Transition must reimburse the U.S. Senate for that staffer’s salary for the period of time they served the Transition. The staffer must comply with the below requirements:

1.	The Senator in the employing office of the employee must approve the detail and write a letter to the Financial Clerk of the United States Senate, giving the dates of the proposed detail and the statutory authority therefore.

2.	The Staffer must receive written consent from the U.S. Senate Rules and Administration Committee.

3.	The staffer must receive approval for service from the Transition legal team.

4. At the end of the detail period, the Transition office will reimburse the Senate.

2) Assist the Transition as a Legislative Coordinator:

Senate employees may also serve as legislative coordinators on the Transition.

In such cases, Senate employees would assist the Transition while being compensated by the Senate (not the Transition). They would remain under the direction and authority of the member or office of the Senate who has been employing that staff member. Congressional staff who are approved for service on the Transition but who remain on the congressional payroll may work on the Transition during business hours, provided that they comply with the below.

1.	The work performed would be related to the employee’s legislative responsibilities and should not involve personnel work. All of their functions should be related to the legislative ramifications of the Transition team’s work.

A. This legislative function includes assessment of existing government programs, analysis of alternate programs and policies, and the development of recommendations for new or amended statutory provisions. Preparation of legislative authorization and appropriations bills, and the underlying studies, will also be included.

B. In most cases, Senate staffers whose Senate responsibilities are of an administrative, press, or managerial nature would not be able to serve as legislative coordinators on the Transition because they do not perform a function directly related to the legislative ramifications of the Transition team’s work. In rare cases they may assist the Transition if they perform the same functions as Senate staff ordinarily would perform when they work with an administration’s officials in developing bills and legislation. These determinations will be made on a case by case basis.
2.	The staffer must receive approval from the Member of Congress for whom they work. The employing Member of Congress must determine whether an employee’s proposed Transition work is within his or her legislative duties (See #1). All such determinations must be submitted in writing to the Transition legal team, and no staff member may commence work with the Transition until the Transition legal team has reviewed appropriate documentation of this approval.

The staffer must receive approval for service from the Transition legal team.

The staffer should receive approval for their Transition service from the U.S. Senate Select Committee on Ethics in writing.

3) Assist the Transition as a volunteer:

Senate employees can do Transition work on their own time, including leave time, which has been accrued on a normal basis and has not been granted for this purpose. We recommend that an employee considering work on the Transition in this way contact the Ethics Committee for guidance.

U.S. House of Representatives Staff

Staffers in personal, committee, or leadership offices of the U.S. House who have been approved to serve on the Transition have three options: 1) they can assist the Transition as a detailee; 2) they can assist the Transition as part of their Congressional duties; and 3) they can assist the Transition as a volunteer.

1) Assist the Transition as a Detailee:

The Presidential Transition Act, as amended, authorizes the detailing of federal employees to the Transition.

A detailed congressional staffer works under the direction and supervision of Transition personnel, and the Transition must reimburse the U.S. House for that staffer’s salary for the period of time they served the Transition. The staffer must comply with the below requirements:

1.	The Member in the employing office of the employee must approve the detail and write a letter to the Committee on House Administration, giving the dates of the proposed detail and the statutory authority therefore.

3.	The staffer must receive approval for service from the Transition legal team.

3. At the end of the detail period, the Office of the President-Elect will reimburse the House.

2) Assist the Transition as Part of Their Congressional Duties:

A second way for House employees to assist the Transition is as part of their congressional duties. In such cases, House employees would assist the Transition while being compensated by the House (not the Transition). They would remain under the direction and authority of the member or officer of the House who has been employing that staff member. Congressional staff who are approved for service on the Transition but who remain on the congressional payroll may work on the Transition during business hours, provided that they comply with the below.

1.	The staffer must receive approval from the Member of Congress for whom they work. The House Committee on Standards of Official Conduct has noted that the closer House employees’ duties with the transition relate to their regular duties with the House, the more reasonable it would be for their employing member to approve Transition work. All such determinations must be submitted in writing to the Transition legal team, and no staff member may commence work with the Transition until the Transition legal team has reviewed appropriate documentation of this approval.

2.	The staffer must receive approval for service from the Transition legal team.

3) Assist the Transition as a volunteer:

House employees may do Transition work on their own time, including leave time, which has been accrued on a normal basis and has not been granted for this purpose. We recommend that an employee considering work on the Transition in this way contact the House Committee on Standards of Official Conduct for guidance.

Important Note

House and Senate employees who work on the Transition in any capacity remain subject to all House and Senate rules, including the gift rules, while they work on matters related to the Transition.

Frequently Asked Questions

Can a Congressional staffer who is assisting the Transition as a detailee do Transition work from their Congressional office?

Yes. The staffer can do Transition work from their Congressional office or the Office of the President-Elect.

Can a Congressional staffer assist the Transition as a part-time detailee?

Yes. The staffer or the Member for whom the staffer works should present the terms and length of the staffer’s service to the Transition in a letter to either the Senate Rules and Administration Committee or the Committee on House Administration so that the bodies can anticipate the amount of the staffer’s salary for which they will be reimbursed.

Can a Senate staffer who is assisting the Transition as a legislative coordinator do Transition work from their Senate office?

Yes. The staffer can do Transition work from their Senate office or the Office of the President-Elect.

Can a Senate staffer who is assisting the Transition as a legislative coordinator work part-time on the Transition?

Yes. The staffer can assist the Transition on a part-time or full-time basis.

Are their different rules for personal staff and committee staff?

No. The rules are the same.

I am a Senate staffer assisting the Transition as a legislative coordinator. The definition of legislative coordinator states that my responsibilities should not involve personnel work. Part of my work on the Transition will involve interacting with the Personnel division of the Office of the President and Vice President- Elect or dealing with the personnel division of an agency. Is that OK?

In their capacity as legislative coordinators on the Transition, Congressional staffers may interact with the “Personnel” divisions of the Transition or an agency to the extent that they would be making staffing recommendations to best further policy goals (meaning structure and staffing numbers, not selection of personnel).

Would a Senate staffer who serves the Transition as a legislative coordinator be able to help with the Senate confirmation process?

Yes. That work would be directly implicate the legislative ramifications of the Transition’s work.

3 U.S.C. § 102 (3)(a)(2).

In their capacity as legislative coordinators on the Transition, Congressional staffers may interact with the “Personnel” division of Transition to the extent that they would be making staffing recommendations to best further policy goals (meaning structure and staffing numbers, not selection of personnel).

Id.