Title 2 — The Congress
Chapter 17 — Congressional Budget Office
§ 612. Executive exchange program
Statutory text
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.
Limitations and conditions
The Director of the Congressional Budget Office shall—
limit the number of officers and employees who are assigned to private sector organizations at any one time to not more than 5;
limit the number of employees from private sector organizations who are assigned to the Office at any one time to not more than 5;
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
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.
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—
chapter 73 of title 5;
sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
sections 1343, 1344, and 1349(b) of title 31;
chapter 171 of title 28 (commonly referred to as the “Federal Tort Claims Act”) and any other Federal tort liability statute;
chapter 131 of title 5; and
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.
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. 2238Enacted 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.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”;Legislative Branch Appropriations Act, 2010
Pub. L. 111–68 § 1201(2) · 123 Stat. 2023
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)
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”
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); andPub. 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 .”