CBA (Contents)
Section 202
Congressional Budget Act of 1974
TITLE II – CONGRESSIONAL BUDGET OFFICE
duties and functions
Sec. 202. (a) Assistance to Budget Committees.—It shall be the primary[1] 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, appropriation bills, and other bills authorizing or providing new budget authority or tax expenditures, (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 request.
(b) Assistance to Committees on Appropriations, Ways and Means, and Finance.—At the request of the Committee on Appropriations of either House, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall provide to such Committee any information which will assist it in the discharge of matters within its jurisdiction, including 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 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
(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 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.—At the request of the Committee on the Budget of either House, personnel of the Office shall be assigned, on a temporary basis, to assist such committee. At the request of any other committee 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 provisions 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 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 257(b)(2)(A) and for excise taxes assumed to be extended under section 257(b)(2)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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.—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 evaluation of budgetary requirements.
(g) Studies.—
(1) Continuing studies.—The Director of the Congressional Budget Office shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures.
(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.
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Counsel Notes
Endnotes
[1] The term “primary” was added to this section by section 10103(a) of the Budget Enforcement Act of 1997 (Pub. L. 105-33) in order to make it very clear that CBO was to give precedence to requests and tasks assigned to them by the Committees on the Budget of Congress before attending to other requests by other Committees.
Codification
This section is classified to the U.S. Code at 2 U.S.C. 602. In title II of the U.S. Code, sections 601 through 612 govern the Congressional Budget Office, but only the first three of these were enacted by the Congressional Budget Act of 1974.
Section as Enacted
Section 202. Duties and Functions.
LEGISLATIVE HISTORY NOTES
PUBLIC LAWS
Pub. L. 93–344, title II, §202, July 12, 1974, 88 Stat. 304 (Congressional Budget Act of 1974). This Act established the section.
Pub. L. 104–4, title I, §102(1), Mar. 22, 1995, 109 Stat. 60 (Unfunded Mandates Reform Act of 1995).
Pub. L. 105–33, title X, §10103, Aug. 5, 1997, 111 Stat. 678 (Budget Enforcement Act of 1997).
Amendments
1997
Subsection (a).
Pub. L. 105–33 (Balanced Budget Act of 1997), §10103(a) inserted “primary” before “duty” in first sentence.
Subsection (e).
Pub. L. 105–33 (BEA 1997), §10103(b) struck out the heading and text of former subsection (e) and redesignated subsection (f) as (e). Before its repeal, the text of paragraph (1) of subsection (e) read as follows:
(1) The duties, functions, and personnel of the Joint Committee on Reduction of Federal Expenditures are transferred to the Office, and the Joint Committee is abolished.
Before being repealed, paragraph (2) of subsection (e) repealed section 571 of former Title 31, Money and Finance and read as follows:
(2) Section 601 of the Revenue Act of 1941(55 Stat. 726) is repealed.
Subsection (e)(1)(C).
Pub. L. 105–33 (Balanced Budget Act of 1997), §10103(c) added subparagraph (C).
Subsections (f) to (h).
Pub. L. 105–33 (BEA 1997), §10103(b), redesignated subsecstions (g) and (h) as (f) and (g), respectively.
1996
Subsection (g).
Pub. L. 104–186 substituted “House Oversight” for “House Administration”. (House of Representatives Administrative Reform Technical Corrections Act, Pub. L. 104–186, 110 Stat. 1718, Aug. 20, 1996, H.R. 2739).
1995
Subsection (c)(2), (3).
Pub. L. 104–4, §102(1)(A), (Unfunded Mandates Reform Act of 1995) added paragraph (2) and redesignated former par. (2) as (3).
Subsection (h).
Pub. L. 104–4, §102(1)(B), (UMRA) amended heading and text of subsection (h) generally. Prior to amendment, text read as follows:
“The Director shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures.”
1990
Subsections (a)(1) and (f)(1).
Pub. L. 101–508 substituted “new budget authority” for “budget authority” in subsection (a)(1) and second sentence of subsection (f)(1).
1985
Subsection (f)(1).
Pub. L. 99–177, §221(a), substituted “February 15” for “April 1”.
Subsection (f)(3).
Pub. L. 99–177, §221(b), added paragraph (3).
Subsection (h).
Pub. L. 99–177, §221(c), added subsection (h).
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by H. Res. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as an Effective Date note under section 1511 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by the Budget Control Act of 2011 (Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246).
Effective Date
This section became effective on the day on which the first Director of Congressional Budget Office was appointed (February 24, 1975) under section 201(a) of the Congressional Budget Act of 1974 (Pub. L. 93–344). Section 905(b) of that Act read as follows before its repeal by the Budget Enforcement Act of 1997 (Pub. L. 105-33):
(b) Title II (except section 201(a), section 403, and section 502(c) shall take effect on the day on which the first Director of the Congressional Budget Office is appointed under 201(a).
Credit Reform
The Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Pub. L. 100–119, title II, §212, Sept. 29, 1987, 101 Stat. 787) required the CBO), in consultation with the Government Accountability Office (the “General Accounting Office” at the time) to study and report to Congress on Federal direct loan and loan guarantee programs for fiscal years 1987 and 1988. See Credit Reform: Comparable Budget Costs for Cash and Credit (December 1989).
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