2 U.S.C. § 601 — Establishment

Page 165 TITLE 2—THE CONGRESS § 601 1 So in original. Comma probably should not appear. § 601. Establishment (a) In general (1) There is established an office of the Con- gress to be known as the Congressional Budget Office (hereinafter in this chapter referred to as the ‘‘Office’’). The Office shall be headed by a Di- rector; and there shall be a Deputy Director who shall perform such duties as may be assigned to him by the Director and, during the absence or incapacity of the Director or during a vacancy in that office, shall act as Director. (2) The Director shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after con- sidering recommendations received from the Committees on the Budget of the House and the Senate, without regard to political affiliation and solely on the basis of his fitness to perform his duties. The Deputy Director shall be ap- pointed by the Director. (3) The term of office of the Director shall be 4 years and shall expire on January 3 of the year preceding each Presidential election. Any indi- vidual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An indi- vidual serving as Director at the expiration of a term may continue to serve until his successor is appointed. Any Deputy Director shall serve until the expiration of the term of office of the Director who appointed him (and until his suc- cessor is appointed), unless sooner removed by the Director. (4) The Director may be removed by either House by resolution. (5)(A) The Director shall receive compensation at an annual rate of pay that is equal to the maximum rate of pay in effect under section 4575(f) of this title. (B) The Deputy Director shall receive com- pensation at an annual rate of pay that is $1,000 less than the annual rate of pay received by the Director, as determined under subparagraph (A). (b) Personnel The Director shall appoint and fix the com- pensation of such personnel as may be necessary to carry out the duties and functions of the Of- fice. All personnel of the Office shall be ap- pointed without regard to political affiliation and solely on the basis of their fitness to per- form their duties. The Director may prescribe the duties and responsibilities of the personnel of the Office, and delegate to them authority to perform any of the duties, powers, and functions imposed on the Office or on the Director. For purposes of pay (other than pay of the Director and Deputy Director) and employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the House of Representatives. (c) Experts and consultants In carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations there- of by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay payable under the General Schedule of section 5332 of title 5. (d) Relationship to executive branch (1) The Director is authorized to secure infor- mation, data, estimates, and statistics directly from the various departments, agencies, and es- tablishments of the executive branch of Govern- ment and the regulatory agencies and commis- sions of the Government. All such departments, agencies, establishments, and regulatory agen- cies and commissions shall furnish the Director any available material which he determines to be necessary in the performance of his duties and functions (with or without written agree- ment) provided that the Director maintains the level of confidentiality required by law of the department, agency, establishment, or regu- latory agency or commission from which it is obtained in accordance with section 603(e) of this title. The Director is also authorized, upon agreement with the head of any such depart- ment, agency, establishment, or regulatory agency or commission, to utilize its services, fa- cilities, and personnel with or without reim- bursement; and the head of each such depart- ment, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and per- sonnel. (2) No provision of law enacted after Sep- tember 30, 2024, shall be construed to supersede, limit, or otherwise modify the authority of the Director to obtain any material under this sub- section unless such provision specifically pro- vides, by specific reference to this paragraph, that such authority is to be superseded, limited, or otherwise modified. (e) Relationship to other agencies of Congress In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other con- gressional agencies with a view to utilizing most effectively the information, services, and capa- bilities of all such agencies in carrying out the various responsibilities assigned to each, the Di- rector is authorized to obtain information, data, estimates, and statistics developed by the Gov- ernment Accountability Office,1 and the Library of Congress, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comp- troller General,1 and the Librarian of Congress are authorized to provide the Office with the in- formation, data, estimates, and statistics, and the services, facilities, and personnel, referred to in the preceding sentence. (f) Revenue estimates For the purposes of revenue legislation which is income, estate and gift, excise, and payroll taxes (i.e., Social Security), considered or en- acted in any session of Congress, the Congres- sional Budget Office shall use exclusively during that session of Congress revenue estimates pro- vided to it by the Joint Committee on Taxation. During that session of Congress such revenue es- timates shall be transmitted by the Congres- sional Budget Office to any committee of the Page 166 TITLE 2—THE CONGRESS § 601 House of Representatives or the Senate request- ing such estimates, and shall be used by such Committees in determining such estimates. The Budget Committees of the Senate and House shall determine all estimates with respect to scoring points of order and with respect to the execution of the purposes of this Act. (g) Authorization of appropriations There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pur- suant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Of- fice shall be paid from the contingent fund of the Senate, in accordance with section 6503 of this title, and upon vouchers approved by the Director. (Pub. L. 93–344, title II, § 201, July 12, 1974, 88 Stat. 302; Pub. L. 99–177, title II, § 273, Dec. 12, 1985, 99 Stat. 1098, renumbered § 201(g) of Pub. L. 93–344, Pub. L. 101–508, title XIII, § 13202(b), Nov. 5, 1990, 104 Stat. 1388–615; Pub. L. 101–508, title XIII, § 13202(a), (c), Nov. 5, 1990, 104 Stat. 1388–615; Pub. L. 105–33, title X, § 10102, Aug. 5, 1997, 111 Stat. 678; Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 224], Nov. 29, 1999, 113 Stat. 1536, 1501A–299; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 116–94, div. E, title II, § 212(a)(3)(B), Dec. 20, 2019, 133 Stat. 2775; Pub. L. 118–89, § 2(a), Sept. 30, 2024, 138 Stat. 1557.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (f), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congres- sional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31, and sections 66 and 81 of this title, and enacted provisions set out as notes under sec- tions 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For com- plete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Ta- bles. CODIFICATION Pub. L. 101–508, § 12302(b), transferred section 273 of Pub. L. 99–177, which was classified to section 921 of this title, to subsec. (g) (now (f)) of this section, relat- ing to revenue estimates. AMENDMENTS 2024—Subsec. (d). Pub. L. 118–89 designated existing provisions as par. (1), substituted ‘‘(with or without written agreement) provided that the Director main- tains the level of confidentiality required by law of the department, agency, establishment, or regulatory agency or commission from which it is obtained in ac- cordance with section 603(e) of this title’’ for ‘‘(other than material the disclosure of which would be a viola- tion of law)’’, and added par. (2). 2019—Subsec. (a)(5)(A). Pub. L. 116–94 substituted ‘‘the maximum rate of pay in effect under section 4575(f) of this title.’’ for ‘‘the lower of— ‘‘(i) the highest annual rate of compensation of any officer of the Senate; or ‘‘(ii) the highest annual rate of compensation of any officer of the House of Representatives.’’ 2004—Subsec. (e). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1999—Subsec. (a)(5). Pub. L. 106–113 amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘The Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule in section 5314 of title 5. The Deputy Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as so in effect, for level IV of the Executive Schedule in section 5315 of such title.’’ 1997—Subsec. (a)(3). Pub. L. 105–33, § 10102(a), sub- stituted ‘‘The term of office of the Director shall be 4 years and shall expire on January 3 of the year pre- ceding each Presidential election.’’ for ‘‘The term of of- fice of the Director first appointed shall expire at noon on January 3, 1979, and the terms of office of Directors subsequently appointed shall expire at noon on Janu- ary 3 of each fourth year thereafter.’’ Subsec. (e). Pub. L. 105–33, § 10102(b), inserted ‘‘and’’ before ‘‘the Library’’, struck out ‘‘and the Office of Technology Assessment,’’ after ‘‘Library of Congress,’’, inserted ‘‘and’’ before ‘‘the Librarian’’, and struck out ‘‘, and the Technology Assessment Board’’ after ‘‘Li- brarian of Congress’’. Subsecs. (f), (g). Pub. L. 105–33, § 10102(c), redesignated subsec. (g), relating to revenue estimates, as (f). 1990—Subsec. (f). Pub. L. 101–508, § 13202(a), redesig- nated subsec. (f), relating to authorization of appro- priations, as (g). Subsec. (g). Pub. L. 101–508, § 13202(a), redesignated subsec. (f), relating to authorization of appropriations, as (g). Pub. L. 101–508, § 12302(b), (c), redesignated section 921 of this title as subsec. (g) of this section, inserted head- ing ‘‘Revenue estimates’’ and substituted ‘‘this Act’’ for ‘‘this title and the Congressional Budget and Im- poundment Control Act of 1974’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period begin- ning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title. EFFECTIVE DATE Subsec. (a) effective July 12, 1974, see section 905(a) of Pub. L. 93–344, and subsecs. (b) to (f) effective on day on which first Director of Congressional Budget Office is appointed under subsec. (a), see section 905(a), (b) of Pub. L. 93–344, formerly set out as a note under section 621 of this title. SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–89, § 1, Sept. 30, 2024, 138 Stat. 1557, pro- vided that: ‘‘This Act [amending this section] may be cited as the ‘Congressional Budget Office Data Sharing Act’.’’ SHORT TITLE Pub. L. 93–344, which enacted this chapter, to be cited in its entirety as the ‘‘Congressional Budget and Im- poundment Control Act of 1974’’, with titles I through IX thereof to be cited as the ‘‘Congressional Budget Act of 1974’’, see section 1(a) of Pub. L. 93–344, set out as a note under section 621 of this title. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Page 167 TITLE 2—THE CONGRESS § 602 Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 602. Duties and functions (a) Assistance to budget committees It shall be the primary duty and function of the Office to provide to the Committees on the Budget of both Houses information which will assist such committees in the discharge of all matters within their jurisdictions, including (1) information with respect to the budget, appro- priation bills, and other bills authorizing or pro- viding new budget authority or tax expendi- tures, (2) information with respect to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, and (3) such related information as such Committees may re- quest. (b) Assistance to Committees on Appropriations, Ways and Means, and Finance At the request of the Committee on Appro- priations of either House, the Committee on Ways and Means of the House of Representa- tives, or the Committee on Finance of the Sen- ate, the Office shall provide to such Committee any information which will assist it in the dis- charge of matters within its jurisdiction, includ- ing information described in clauses (1) and (2) of subsection (a) and such related information as the Committee may request. (c) Assistance to other committees and Members (1) At the request of any other committee of the House of Representatives or the Senate or any joint committee of the Congress, the Office shall provide to such committee or joint com- mittee any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent practicable, such additional informa- tion related to the foregoing as may be re- quested. (2) At the request of any committee of the Senate or the House of Representatives, the Of- fice shall, to the extent practicable, consult with and assist such committee in analyzing the budgetary or financial impact of any proposed legislation that may have— (A) a significant budgetary impact on State, local, or tribal governments; (B) a significant financial impact on the pri- vate sector; or (C) a significant employment impact on the private sector. (3) At the request of any Member of the House or Senate, the Office shall provide to such Mem- ber any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent available, such additional information re- lated to the foregoing as may be requested. (d) Assignment of office personnel to committees and joint committees At the request of the Committee on the Budg- et of either House, personnel of the Office shall be assigned, on a temporary basis, to assist such committee. At the request of any other com- mittee of either House or any joint committee of the Congress, personnel of the Office may be assigned, on a temporary basis, to assist such committee or joint committee with respect to matters directly related to the applicable provi- sions of subsection (b) or (c). (e) Reports to budget committees (1) On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and defi- cits), (B) the levels of tax expenditures under ex- isting law, taking into account projected eco- nomic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year, and (C) a statement of the levels of budget authority and outlays for each program assumed to be ex- tended in the baseline, as provided in section 907(b)(2)(A) of this title and for excise taxes as- sumed to be extended under section 907(b)(2)(C) of this title. Such report shall also include a dis- cussion of national budget priorities, including alternative ways of allocating new budget au- thority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allo- cations will meet major national needs and af- fect balanced growth and development of the United States. (2) The Director shall from time to time sub- mit to the Committees on the Budget of the House of Representatives and the Senate such further reports (including reports revising the report required by paragraph (1)) as may be nec- essary or appropriate to provide such Commit- tees with information, data, and analyses for the performance of their duties and functions. (3) On or before January 15 of each year, the Director, after consultation with the appro- priate committees of the House of Representa- tives and Senate, shall submit to the Congress a report listing (A) all programs and activities funded during the fiscal year ending September 30 of that calendar year for which authorizations for appropriations have not been enacted for that fiscal year, and (B) all programs and activi- ties for which authorizations for appropriations have been enacted for the fiscal year ending Sep- tember 30 of that calendar year, but for which no authorizations for appropriations have been enacted for the fiscal year beginning October 1 of that calendar year. (f) Use of computers and other techniques The Director may equip the Office with up-to- date computer capability (upon approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate), obtain the services of experts and consultants in computer technology, and develop techniques for the eval- uation of budgetary requirements. (g) Studies (1) Continuing studies The Director of the Congressional Budget Office shall conduct continuing studies to en-