§612 — Title 2 The Congress | U.S. Code

Summary

The Director of the Congressional Budget Office can set up an executive exchange program. CBO staff can be sent to private companies, and private company staff can work at the CBO, each for 1-year terms. The purpose is to help the CBO or Congress and to train CBO workers. At any time no more than 5 CBO staff may be assigned to private firms, and no more than 5 private-sector staff may be at the CBO. Private-sector assignees may not access their company’s trade secrets or other nonpublic commercial information. The Director must pick private-sector participants based only on their ability to do the job, not on political party. A private-sector worker on assignment is treated as a CBO employee for various federal laws (covering civil service, ethics and conflict rules, certain criminal and financial statutes, the Federal Tort Claims Act, retirement and tax laws, and similar provisions). The program applies starting in fiscal year 2008 and for every fiscal year after that.

Title 2, §612

The Congress — Source: USLM XML via OLRC

(a)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)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)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)section 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;

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

Notes & Related Subsidiaries

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.

Amendments

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 December 26, 2007.”

§612 Executive exchange program

Summary

Title 2, §612

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata