2 U.S.C. § 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)

section 4575(f) of this title The Director shall receive compensation at an annual rate of pay that is equal to the maximum rate of pay in effect under .

(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

The Director shall appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform 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

section 5332 of title 5In 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 thereof 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 .

(d)

Relationship to executive branch

(1)

section 603(e) of this title 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 . 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)

September 30, 2024 No provision of law enacted after , 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

1 So in original. Comma probably should not appear.

1In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the Government Accountability Office, and the Library of Congress, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comptroller General, and the Librarian of Congress are authorized to provide the Office with the information, 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 enacted in any session of Congress, the Congressional Budget Office shall use exclusively during that session of Congress revenue estimates provided to it by the Joint Committee on Taxation. During that session of Congress such revenue estimates shall be transmitted by the Congressional Budget Office to any committee of the House of Representatives or the Senate requesting 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

section 6503 of this titleThere 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 pursuant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with , and upon vouchers approved by the Director.

Pub. L. 93–344, title II, § 201July 12, 197488 Stat. 302 Pub. L. 99–177, title II, § 273Dec. 12, 198599 Stat. 1098 § 201(g) of Pub. L. 93–344 Pub. L. 101–508, title XIII, § 13202(b)Nov. 5, 1990104 Stat. 1388–615 Pub. L. 101–508, title XIII, § 13202(a)Nov. 5, 1990104 Stat. 1388–615 Pub. L. 105–33, title X, § 10102Aug. 5, 1997111 Stat. 678 Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 224]Nov. 29, 1999113 Stat. 1536 Pub. L. 108–271, § 8(b)July 7, 2004118 Stat. 814 Pub. L. 116–94, div. E, title II, § 212(a)(3)(B)Dec. 20, 2019133 Stat. 2775 Pub. L. 118–89, § 2(a)Sept. 30, 2024138 Stat. 1557(, , ; , , , renumbered , , , ; , (c), , ; , , ; , , , 1501A–299; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 93–344July 12, 197488 Stat. 297 section 190a–3 of this title section 105 of Title 1 section 105 of Title 1 section 621 of this titleThis Act, referred to in subsec. (f), means , , , known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and 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, , 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 sections 190a–1, 621, 632, and 682 of this title, , and section 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 101–508, § 12302(b)section 273 of Pub. L. 99–177 section 921 of this title, transferred , which was classified to , to subsec. (g) (now (f)) of this section, relating to revenue estimates.

Amendments

Pub. L. 118–89 section 603(e) of this title2024—Subsec. (d). designated existing provisions as par. (1), substituted “(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 ” for “(other than material the disclosure of which would be a violation of law)”, and added par. (2).

Pub. L. 116–94 section 4575(f) of this title2019—Subsec. (a)(5)(A). substituted “the maximum rate of pay in effect under .” 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.”

Pub. L. 108–2712004—Subsec. (e). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 106–113 section 5314 of title 51999—Subsec. (a)(5). 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 . 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.”

Pub. L. 105–33, § 10102(a)January 3, 19791997—Subsec. (a)(3). , substituted “The term of office of the Director shall be 4 years and shall expire on January 3 of the year preceding each Presidential election.” for “The term of office of the Director first appointed shall expire at noon on , and the terms of office of Directors subsequently appointed shall expire at noon on January 3 of each fourth year thereafter.”

Pub. L. 105–33, § 10102(b)Subsec. (e). , 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 “Librarian of Congress”.

Pub. L. 105–33, § 10102(c)Subsecs. (f), (g). , redesignated subsec. (g), relating to revenue estimates, as (f).

Pub. L. 101–508, § 13202(a)1990—Subsec. (f). , redesignated subsec. (f), relating to authorization of appropriations, as (g).

Pub. L. 101–508, § 13202(a)Subsec. (g). , redesignated subsec. (f), relating to authorization of appropriations, as (g).

Pub. L. 101–508, § 12302(b)section 921 of this title, (c), redesignated as subsec. (g) of this section, inserted heading “Revenue estimates” and substituted “this Act” for “this title and the Congressional Budget and Impoundment Control Act of 1974”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–94Jan. 1, 2020Dec. 20, 2019section 212(c) of Pub. L. 116–94 section 282b of this titleAmendment by effective on the later of the first day of the first applicable pay period beginning on or after , or the first day of the first applicable pay period beginning on or after , see , set out as a note under .

Effective Date

July 12, 1974section 905(a) of Pub. L. 93–344 Pub. L. 93–344 section 621 of this titleSubsec. (a) effective , see , 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 , formerly set out as a note under .

Short Title of 2024 Amendment

Pub. L. 118–89, § 1Sept. 30, 2024138 Stat. 1557

“This Act [amending this section] may be cited as the ‘Congressional Budget Office Data Sharing Act’.”

, , , provided that:

Short Title

Pub. L. 93–344 section 1(a) of Pub. L. 93–344 section 621 of this title, which enacted this chapter, to be cited in its entirety as the “Congressional Budget and Impoundment Control Act of 1974”, with titles I through IX thereof to be cited as the “Congressional Budget Act of 1974”, see , set out as a note under .

References in Other Laws to GS–16, 17, or 18 Pay Rates

Pub. L. 101–509 section 5376 of Title 5References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of , set out in a note under .