2 USC 601 - Establishment

Collapse to view only § 601. Establishment

§ 601. Establishment
§ 602. Duties and functions
§ 603. Public access to budget data
§ 604. Omitted
§ 605. Sale or lease of property, supplies, or services
§ 605a. Contracting parity
§ 606. Disposition of surplus or obsolete property
§ 607. Lump-sum payments for annual leave to separated employees
§ 608. Lump-sum payments to enhance staff recruitment and to reward exceptional performance
§ 609. Employee training
§ 610. Repayment of student loan on behalf of employee
§ 611. Employee development program
§ 612. Executive exchange program
§ 613. Establishment of senior level positions

§ 601. Establishment

(a) In general

(1) There is established an office of the Congress to be known as the Congressional Budget Office (hereinafter in this chapter referred to as the “Office”). The Office shall be headed by a Director; 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 considering 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 appointed 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 individual 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 individual 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 successor 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 compensation 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

(d) Relationship to executive branch

(1) The Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies 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 agreement) provided that the Director maintains the level of confidentiality required by law of the department, agency, establishment, or regulatory 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 department, agency, establishment, or regulatory agency or commission, to utilize its services, facilities, and personnel with or without reimbursement; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and personnel.

(2) No provision of law enacted after September 30, 2024, shall be construed to supersede, limit, or otherwise modify the authority of the Director to obtain any material under this subsection unless such provision specifically provides, by specific reference to this paragraph, that such authority is to be superseded, limited, or otherwise modified.

(e) Relationship to other agencies of Congress

(f) Revenue estimates

(g) Authorization of appropriations

(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.)

§ 602. Duties and functions

(a) Assistance to budget committees

(b) Assistance to Committees on Appropriations, Ways and Means, and Finance

(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 committee any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent practicable, such additional information related to the foregoing as may be requested.

(2) At the request of any committee of the Senate or the House of Representatives, the Office 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 private sector; or

(3) At the request of any Member of the House or Senate, the Office shall provide to such Member any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent available, such additional information related to the foregoing as may be requested.

(d) Assignment of office personnel to committees and joint committees

(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 deficits), (B) the levels of tax expenditures under existing law, taking into account projected economic 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 extended in the baseline, as provided in section 907(b)(2)(A) of this title and for excise taxes assumed to be extended under section 907(b)(2)(C) of this title. Such report shall also include a discussion of national budget priorities, including alternative ways of allocating new budget authority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allocations will meet major national needs and affect balanced growth and development of the United States.

(2) The Director shall from time to time submit 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 necessary or appropriate to provide such Committees 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 appropriate committees of the House of Representatives 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 activities for which authorizations for appropriations have been enacted for the fiscal year ending September 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

(g) Studies

(1) Continuing studies

(2) Federal mandate studies

(A) At the request of any Chairman or ranking member of the minority of a Committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct a study of a legislative proposal containing a Federal mandate.

(B) In conducting a study on intergovernmental mandates under subparagraph (A), the Director shall—

(i) solicit and consider information or comments from elected officials (including their designated representatives) of State, local, or tribal governments as may provide helpful information or comments;

(ii) consider establishing advisory panels of elected officials or their designated representatives, of State, local, or tribal governments if the Director determines that such advisory panels would be helpful in performing responsibilities of the Director under this section; and

(iii) if, and to the extent that the Director determines that accurate estimates are reasonably feasible, include estimates of—(I) the future direct cost of the Federal mandate to the extent that such costs significantly differ from or extend beyond the 5-year period after the mandate is first effective; and(II) any disproportionate budgetary effects of Federal mandates upon particular industries or sectors of the economy, States, regions, and urban or rural or other types of communities, as appropriate.

(C) In conducting a study on private sector mandates under subparagraph (A), the Director shall provide estimates, if and to the extent that the Director determines that such estimates are reasonably feasible, of—

(i) future costs of Federal private sector mandates to the extent that such mandates differ significantly from or extend beyond the 5-year time period referred to in subparagraph (B)(iii)(I);

(ii) any disproportionate financial effects of Federal private sector mandates and of any Federal financial assistance in the bill or joint resolution upon any particular industries or sectors of the economy, States, regions, and urban or rural or other types of communities; and

(iii) the effect of Federal private sector mandates in the bill or joint resolution on the national economy, including the effect on productivity, economic growth, full employment, creation of productive jobs, and international competitiveness of United States goods and services.

(Pub. L. 93–344, title II, § 202, July 12, 1974, 88 Stat. 304; Pub. L. 99–177, title II, § 221, Dec. 12, 1985, 99 Stat. 1060; Pub. L. 101–508, title XIII, § 13112(a)(3), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 104–4, title I, § 102(1), Mar. 22, 1995, 109 Stat. 60; Pub. L. 104–186, title II, § 213, Aug. 20, 1996, 110 Stat. 1745; Pub. L. 105–33, title X, § 10103, Aug. 5, 1997, 111 Stat. 678.)

§ 603. Public access to budget data

(a) Right to copy

(b) Index

(1) which are specifically exempted from disclosure by law; or

(2) which the Director determines will disclose—

(A) matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States;

(B) information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person; or

(C) personnel or medical data or similar data the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

unless the portions containing such matters, information, or data have been excised.

(d) Information obtained for committees and Members

(e) Level of confidentiality

(Pub. L. 93–344, title II, § 203, July 12, 1974, 88 Stat. 305; Pub. L. 106–554, § 1(a)(7) [title III, § 310(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–639.)

§ 604. Omitted

§ 605. Sale or lease of property, supplies, or services

(a) Any sale or lease of property, supplies, or services to the Congressional Budget Office shall be deemed to be a sale or lease to the Congress subject to section 4103 of this title.

(b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1996.

(Pub. L. 104–197, title I, § 104, Sept. 16, 1996, 110 Stat. 2404.)

§ 605a. Contracting parity

In fiscal year 2018 and thereafter, for all contracts for goods and services to which the Congressional Budget Office is a party, the following Federal Acquisition Regulation (FAR) clauses will apply: FAR 52.232–39 and FAR 52.233–4.

(Pub. L. 115–141, div. I, title I, § 130, Mar. 23, 2018, 132 Stat. 779.)

§ 606. Disposition of surplus or obsolete property

(a) The Director of the Congressional Budget Office shall have the authority, within the limits of available appropriations, to dispose of surplus or obsolete personal property by inter-agency transfer, donation, sale, trade-in, or discarding. Amounts received for the sale or trade-in of personal property shall be credited to funds available for the operations of the Congressional Budget Office and be available for the costs of acquiring the same or similar property. Such funds shall be available for such purposes during the fiscal year in which received and the following fiscal year.

(b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1996.

(Pub. L. 104–197, title I, § 105, Sept. 16, 1996, 110 Stat. 2404; Pub. L. 107–68, title I, § 126, Nov. 12, 2001, 115 Stat. 577.)

§ 607. Lump-sum payments for annual leave to separated employees

(a) The Director of the Congressional Budget Office shall have the authority to make lump-sum payments to separated employees of the Congressional Budget Office for unused annual leave.

(b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1996.

(Pub. L. 104–197, title I, § 106, Sept. 16, 1996, 110 Stat. 2404.)

§ 608. Lump-sum payments to enhance staff recruitment and to reward exceptional performance

(a) The Director of the Congressional Budget Office shall have the authority to make lump-sum payments to enhance staff recruitment and to reward exceptional performance by an employee or a group of employees.

(b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1999.

(Pub. L. 106–57, title I, § 106, Sept. 29, 1999, 113 Stat. 418.)

§ 609. Employee training

(a) In general

(b) Regulations

(d) Applicability

(Pub. L. 107–68, title I, § 125, Nov. 12, 2001, 115 Stat. 577.)

§ 610. Repayment of student loan on behalf of employee

(a) Authorization

(b) Regulations

The regulations shall provide the amount paid by the Office may not exceed—

(1) $6,000 for any employee in any calendar year; or

(2) a total of $40,000 in the case of any employee.

(d) Limitation

(e) Accounting

(f) Applicability

(Pub. L. 107–68, title I, § 127, Nov. 12, 2001, 115 Stat. 577.)

§ 611. Employee development program

(a) Establishment

(b) Effective date

(Pub. L. 108–7, div. H, title I, § 1101, Feb. 20, 2003, 117 Stat. 370.)

§ 612. Executive exchange program

(a) In general

(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.

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

(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.)

§ 613. Establishment of senior level positions

(a) In general

(b) Limitation on compensation

(Pub. L. 115–31, div. I, title I, § 1101, May 5, 2017, 131 Stat. 578.)