§ 612. Executive exchange program

516 words·~2 min read·/usc/title-2/section-612

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(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.

(Pub. L. 110–161, div. H, title I, § 1201, Dec. 26, 2007, 121 Stat. 2238; Pub. L. 111–68, div. A, title I, § 1201, Oct. 1, 2009, 123 Stat. 2032; Pub. L. 117–286, § 4(c)(1), Dec. 27, 2022, 136 Stat. 4353.)

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public-private-law