analysis by the congressional budget office
Sec. 402. The Director of the Congressional Budget Office shall, to the extent practicable, prepare for each bill or resolution of a public character reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), and submit to such committee—
(1) an estimate of the costs which would be incurred in carrying out such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis for each such estimate;
(2) a comparison of the estimates of costs described in paragraph (1), with any available estimates of costs made by such committee or by any Federal agency; and
(3) a description of each method for establishing a Federal financial commitment contained in such bill or resolution.
The estimates, comparison, and description so submitted shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed.
This section is classified to the U.S. Code at 2 U.S.C. 653.
Repeal of section 402, as enacted
Section 402 as it originally appeared in the Congressional Budget Act of 1974 was repealed by section 212 Balanced Budget and Emergency Deficit Control Act of 1985, which itself was repealed by section Section 10116(c) of the Budget Enforcement Act of 1997, and its text merged with the current Section 401 (CBA).
Former Classification Codification
Section 402 was formerly classified to section 1353 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877 (Title 31 Revision and Codification Law of 1982). Pub. L. 97-258 generally reorganized Title 31 of the U.S. Code to centralize many financial and budgetary provisions there.
Summary of Amendment to Section 402 by Congressional Research Service
The repeal of section 402, as amended by section 212 (BBEDCA) was summarized by CRS as follows:
Sections 401 and 402 of the CBA established controls over “backdoor spending.” Specifically, the sections prohibit the consideration of legislation providing new spending authority or new credit authority unless such authority is made effective only to the extent or in such amounts as are provided in annual appropriations acts. Section 10116(c) of the [BEA 1997] updates and consolidates these controls. It merges the two sections together into a new Section 401; Section 402 is repealed and subsequent sections are renumbered accordingly.
Robert Keith, Budget Enforcement Act of 1997: Summary and Legislative History, 97-931 GOV (Congressional Research Service, October 8, 1997), p. 14.
SECTION 402, AS ENACTED
Section 402 (CBA, as Enacted) as originally enacted by the Congressional Budget and Impoundment Control Act of 1974 (Pub. L. 93-344).
SECTION 402 (CBA, as in BPLA)
Section 402 (CBA, as in BPLA), as set forth in the Budget Process Law Annotated (1993).
LEGISLATIVE HISTORY NOTES
Pub. L. 93–344, title IV, §402, formerly §403, July 12, 1974, 88 Stat. 320 (Congressional Budget of 1974) set forth §403, later renumbered §402 (current).
Pub. L. 97–108, §2(a), Dec. 23, 1981, 95 Stat. 1510 (State and Local Government Cost Estimate Act of 1981) amended then §403 (now §402) generally.
Pub. L. 99–177, title II, §213, Dec. 12, 1985, 99 Stat. 1059 (Balanced Budget and Emergency Deficit Control Act of 1985) added paragraph (4) to subsection (a) of then section 403 (now §402).
Pub. L. 104–4, title I, §104, Mar. 22, 1995, 109 Stat. 62 (Unfunded Mandates Reform Act of 1995) repealed paragraph (2) of subsection (a), and repealing subsections (b) and (c).
Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat. 692 (Balanced Budget Act of 1997) repealed the previous §402, and renumbered the previous §403 as section §402 of the Congressional Budget Act of 1974.
A prior section 402 of Pub. L. 93–344 (CBA) was classified to 2 U.S.C. 652 of this title prior to repeal by Pub. L. 105–33 (Budget Enforcement Act of 1997).
Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat. 692 redesignated this section as section 402 (from section 403), as follows:
(1) Redesignation.—Sections 403 through 407 of the Congressional Budget Act of 1974 are redesignated as sections 402 through 406, respectively.
Amendments Before the enactment of the Budget Enforcement Act of 1997 (Pub. L. 105-33) refer to section 402 (CBA) as it existed before it was merged into section 401 by section 10116 of that Act. The Current section 402 only relates to the Congressional Budget Office. See the following from the BEA 1997 for more information: Sec. 10116. Amendment to section 401 and repeal of section 402
Pub. L. 104–4, §104(2), struck out the subsection designations.
Pub. L. 104–4, §104(1)(A), (C), redesignated paragraph (3) as (2) and struck out former paragraph (2), which read as follows:
“an estimate of the cost which would be incurred by State and local governments in carrying out or complying with any significant bill or resolution in the fiscal year in which it is to become effective and in each of the four fiscal years following such fiscal year, together with the basis for each such estimate;”
Pub. L. 104–4, §104(1)(C), redesignated paragraph (4) as (3). Former paragraph (3) redesignated (2).
Pub. L. 104–4, §104(1)(B), which directed the substitution of “paragraph (1)” for “paragraphs (1) and (2)”, was executed by making the substitution for “paragraph (1) and (2)” to reflect the probable intent of Congress.
Pub. L. 104–4, §104(1)(C), redesignated paragraph (4) as (3).
Subsections (b) and (c).
Pub. L. 104–4, §104(3), struck out subsections (b) and (c) which read as follows:
(b) For purposes of subsection (a)(2) of this section, the term ‘local government’ has the same meaning as in section 6501 of title 31.
(c) For purposes of subsection (a)(2) of this section, the term ‘significant bill or resolution’ is defined as any bill or resolution which in the judgment of the Director of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more, or is likely to have exceptional fiscal consequences for a geographic region or a particular level of government.
Section 402(b) (CBA, as enacted) gave the House Committee on Rules the authority to report emergency waivers for certain bills. From clause 1(o) of rule X of the House Rules and Manual (115th Congress), §733.
In section 402(b) of the Congressional Budget Act of 1974 (P.L. 93–344, July 12, 1974), the committee was given specific authority to report emergency waivers of the required reporting date for bills and resolutions authorizing new budget authority. That authority was incorporated into this rule, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), but was repealed as obsolete in the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39).
Pub. L. 99–177 added paragraph (4) and substituted “estimates, comparison, and description” for “estimates and comparison” in last sentence.
Pub. L. 97–108, §2(a)(1)–(6), designated existing provisions as Subsection (a), added paragraph (2), redesignated former paragraph (2) as (3), in paragraph (3) as so redesignated, substituted “estimates” for “estimate” in two places, and substituted reference to pars. (1) and (2) for reference to paragraph (1), and in provision following paragraph (3) substituted “estimates” for “estimate”.
Subsections (b) and (c).
Pub. L. 97–108, §2(a)(7), added Subsections (b) and (c) (prior to its renumbering from 403 to 402).
Effective Date of 1995 Amendment
The amendment made by Pub. L. 104–4 (UMRA 1996) 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 (UMRA 1996), set out as an Effective Date note under section 1511 of this title.
Effective Date of 1985 Amendment
The amendment made by Pub. L. 99–177 (BBEDCA) 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 Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246 . The Budget Control Act (Pub. L. 112-25) repealed the expiration date of BBEDCA, therefore making it permanent.
Effective Date of 1981 Amendment
Pub. L. 97–108, §2(b), Dec. 23, 1981, 95 Stat. 1511 (State and Local Government Cost Estimate Act of 1981) provided that:
(b) The amendments made by subsection (a) shall apply with respect to bills or resolutions reported by committees of the House of Representatives and the Senate after September 30, 1982.”
Amendment by Pub. L. 93–344 effective on day on which first Director of Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as an Effective Date note under section 621 of this title.
Authorization of Appropriations
Pub. L. 97–108, §3, Dec. 23, 1981, 95 Stat. 1511 provided for an authorization, and its expiration. The expiration was later repealed by BBEDCRA. The sections read as follows:
Sec. 3. There are authorized to be appropriated such sums as may be necessary to carry out this Act.
Sec. 4. The authorization granted under the terms of this Act shall expire on September 30,1987.
Expiration of Authorization
BBEDCRA (Pub. L. 100–119, title II, §204, Sept. 29, 1987, 101 Stat. 784) repealed the expiration, as set out above in Authorization of Appropriation, as follows:
SEC. 204. EXTENSION OF STATE AND LOCAL COST ESTIMATES.
The State and Local Government Cost Estimate Act of 1981 is amended by striking out section 4.
 The “Title 31 Revision and Codification Act of 1982” is a colloquialism for use in House Budget Counsel documents. The Act has no short title. Its long title is as follows:
An Act To revise, codify, and enact without substantive change certain general and permanent laws, related to money and finance, as title 31, United States Code, “Money and Finance”.
 The subsection (a) referred to amended section 403 of the Congressional Budget Act of 1974, which was later redesignated as section 402. The amendment added provisions requiring estimates prepared by the Congressional Budget Office include costs incurred by State and local governments in complying with certain legislation. This Act added new subsections (b) and (c) to then section 403. These subsections were later repealed by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
[BCR § 132]