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Title 2 — The Congress

Chapter 17 — Congressional Budget Office

§ 612. Executive exchange program

Statutory text

(a)

In general

The Director of the Congressional Budget Office may establish and conduct an executive exchange program under which employees of the Office may be assigned to private sector organizations, and employees of private sector organizations may be assigned to the Office, for 1-year periods to further the institutional interests of the Office or Congress, including for the purpose of providing training to officers and employees of the Office.

(b)

Limitations and conditions

The Director of the Congressional Budget Office shall—

(1)

limit the number of officers and employees who are assigned to private sector organizations at any one time to not more than 5;

(2)

limit the number of employees from private sector organizations who are assigned to the Office at any one time to not more than 5;

(3)

require that an employee of a private sector organization assigned to the Office may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned; and

(4)

approve employees to be detailed from the private sector without regard to political affiliation and solely on the basis of their fitness to perform their assigned duties.

(c)

Treatment of private employees

An employee of a private sector organization assigned to the Office under the executive exchange program shall be considered to be an employee of the Office for purposes of—

(1)

chapter 73 of title 5;

(2)

sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;

(3)

sections 1343, 1344, and 1349(b) of title 31;

(4)

chapter 171 of title 28 (commonly referred to as the “Federal Tort Claims Act”) and any other Federal tort liability statute;

(5)

chapter 131 of title 5; and

(6)

section 1043 of title 26.

(d)

Effective date

This section shall apply to fiscal year 2008 and each fiscal year thereafter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Legislative Branch Appropriations Act, 2008

    Pub. L. 110–161 div. H title I § 1201 · 121 Stat. 1844

    Enacted · 2 U.S.C. § 612

    Pub. L. 110–161, div. H, title I, § 1201, Dec. 26, 2007, 121 Stat. 2238

    Source evidence

    Code source credit
    Pub. L. 110–161, div. H, title I, § 1201, Dec. 26, 2007, 121 Stat. 2238

    Enacted provision · exact public law section
    Sec. 1201. Executive Exchange Program for the Congressional Budget Office. (a) In General.— The Director of the Congressional Budget Office may establish and conduct an executive exchange program under which employees of the Office may be assigned to private sector organizations, and employees of private sector organizations may be assigned to the Office, for 1-year periods to further the institutional interests of the Office or Congress, including for the purpose of providing training to officers and employees of the Office. (b) Limitations and Conditions.— The Director of the Congressional Budget Office shall— (1) limit the number of officers and employees who are assigned to private sector organizations at any one time to not more than 3; (2) limit the number of employees from private sector organizations who are assigned to the Office at any one time to not more than 3; (3) require that an employee of a private sector organization assigned to the Office may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned; and (4) approve employees to be detailed from the private sector without regard to political affiliation and solely on the basis of their fitness to perform their assigned duties. (c) Treatment of Private Employees.— An employee of a private sector organization assigned to the Office under the executive exchange program shall be considered to be an employee of the Office for purposes of— (1) chapter 73 of title 5, United States Code; (2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code; (3) sections 1343, 1344, and 1349(b) of title 31, United States Code; (4) chapter 171 of title 28, United States Code (commonly referred to as the “Federal Tort Claims Act”) and any other Federal tort liability statute; (5) the Ethics in Government Act of 1978 (5 U.S.C. App.); and (6) section 1043 of the Internal Revenue Code of 1986. (d) Termination of Assignments.— No assignment under this section shall commence after the end of the 2-year period beginning on the date of enactment of this section. (e) Effective Date.— Subject to subsection (d), this section shall apply to fiscal year 2008 and each fiscal year thereafter.

  2. Legislative Branch Appropriations Act, 2010

    Pub. L. 111–68 § 1201(1) · 123 Stat. 2023

    Substituted · 2 U.S.C. § 612(b)(1); 2 U.S.C. § 612(b)(2)

    Pub. L. 111–68, § 1201(1), substituted “5” for “3”

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 111–68, § 1201(1), substituted “5” for “3”.

    Enacted provision · exact public law section
    (1) in subsection (b)— (A) in paragraph (1), by striking “3” and inserting “5”; and (B) in paragraph (2), by striking “3” and inserting “5”;

  3. Legislative Branch Appropriations Act, 2010

    Pub. L. 111–68 § 1201(2) · 123 Stat. 2023

    1. Redesignated · 2 U.S.C. § 612(d); 2 U.S.C. § 612(e)

      Pub. L. 111–68, § 1201(2), (3), redesignated subsec. (e) as (d)

    2. Substituted · 2 U.S.C. § 612(d); 2 U.S.C. § 612(e)

      Pub. L. 111–68, § 1201(2), (3), substituted “This” for “Subject to subsection (d), this”

    3. Struck · 2 U.S.C. § 612(d); 2 U.S.C. § 612(e)

      Pub. L. 111–68, § 1201(2), (3), struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “No assignment under this section shall commence after the end of the 2-year period beginning on December 26, 2007.”

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 111–68, § 1201(2), (3), redesignated subsec. (e) as (d), substituted “This” for “Subject to subsection (d), this”, and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “No assignment under this section shall commence after the end of the 2-year period beginning on December 26, 2007.”

    Enacted provision · exact public law section
    (2) by striking subsection (d), and redesignating subsection (e) as subsection (d); and

  4. Pub. L. 117–286 § 4(c)(1) · 136 Stat. 4196

    Substituted · 2 U.S.C. § 612(c)(5)

    Pub. L. 117–286 substituted “chapter 131 of title 5;” for “the Ethics in Government Act of 1978 (5 U.S.C. App.);”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 117–286 substituted “chapter 131 of title 5;” for “the Ethics in Government Act of 1978 (5 U.S.C. App.);”.

    Enacted provision · exact public law section
    (1) Section 1201(c)(5) of the Legislative Branch Appropriations Act, 2008 (2 U.S.C. 612(c)(5)) is amended by striking “the Ethics in Government Act of 1978 (5 U.S.C. App.);” and inserting “chapter 131 of title 5, United States Code;”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Codification

Section was enacted as part of the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter.

Section was formerly set out as a note under section 611 of this title.

Amendments2009–2022 · 2 rounds

2022

Subsec. (c)(5). Pub. L. 117–286 substituted “chapter 131 of title 5;” for “the Ethics in Government Act of 1978 (5 U.S.C. App.);”.

2009

Subsec. (b)(1), (2). Pub. L. 111–68, § 1201(1), substituted “5” for “3”.

Subsecs. (d), (e). Pub. L. 111–68, § 1201(2), (3), redesignated subsec. (e) as (d), substituted “This” for “Subject to subsection (d), this”, and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “No assignment under this section shall commence after the end of the 2-year period beginning on .”

Credits

2007–2022 · 3 acts
  1. 2007Pub. L. 110–161, div. H, title I, § 1201, , 121 Stat. 2238
  2. 2009Pub. L. 111–68, div. A, title I, § 1201, , 123 Stat. 2032
  3. 2022Pub. L. 117–286, § 4(c)(1), , 136 Stat. 4353.
Show as published

(Pub. L. 110–161, div. H, title I, § 1201, , 121 Stat. 2238; Pub. L. 111–68, div. A, title I, § 1201, , 123 Stat. 2032; Pub. L. 117–286, § 4(c)(1), , 136 Stat. 4353.)

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