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§ 601. —  Establishment.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 2USC601]

 
                          TITLE 2--THE CONGRESS
 
                 CHAPTER 17--CONGRESSIONAL BUDGET OFFICE
 
Sec. 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 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.

    (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

    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 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 section 5332 of title 5.

(d) Relationship to executive branch

    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 (other than 
material the disclosure of which would be a violation of law). 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.

(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 
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 General Accounting Office,\1\ and the Library of 
Congress, and (upon agreement with them) to utilize their services, 
facilities, and personnel with or without reimbursement. The Comptroller 
General,\1\ and the Librarian of Congress,\1\ 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.
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    \1\ So in original. Comma probably should not appear.
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(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

    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 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 
section 68 of this title, and upon vouchers approved by the Director.

(Pub. L. 93-344, title II, Sec. 201, July 12, 1974, 88 Stat. 302; Pub. 
L. 99-177, title II, Sec. 273, Dec. 12, 1985, 99 Stat. 1098, renumbered 
Sec. 201(g) of Pub. L. 93-344, Pub. L. 101-508, title XIII, 
Sec. 13202(b), Nov. 5, 1990, 104 Stat. 1388-615; Pub. L. 101-508, title 
XIII, Sec. 13202(a), (c), Nov. 5, 1990, 104 Stat. 1388-615; Pub. L. 105-
33, title X, Sec. 10102, Aug. 5, 1997, 111 Stat. 678; Pub. L. 106-113, 
div. B, Sec. 1000(a)(5) [title II, Sec. 224], Nov. 29, 1999, 113 Stat. 
1536, 1501A-299.)

                       References in Text

    This Act, referred to in subsec. (f), means Pub. L. 93-344, July 12, 
1974, 88 Stat. 297, as amended, known as the Congressional 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 sections 190a-
1, 621, 632, and 682 of this title, section 105 of Title 1, and section 
1020 of former Title 31. For complete classification of this Act to the 
Code, see Short Title note set out under section 621 of this title and 
Tables.

                          Codification

    Pub. L. 101-508, Sec. 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, relating to revenue estimates.


                               Amendments

    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, Sec. 10102(a), 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 January 3, 1979, and the terms of office of Directors 
subsequently appointed shall expire at noon on January 3 of each fourth 
year thereafter.''
    Subsec. (e). Pub. L. 105-33, Sec. 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 ``Librarian of Congress''.
    Subsecs. (f), (g). Pub. L. 105-33, Sec. 10102(c), redesignated 
subsec. (g), relating to revenue estimates, as (f).
    1990--Subsec. (f). Pub. L. 101-508, Sec. 13202(a), redesignated 
subsec. (f), relating to authorization of appropriations, as (g).
    Subsec. (g). Pub. L. 101-508, Sec. 13202(a), redesignated subsec. 
(f), relating to authorization of appropriations, as (g).
    Pub. L. 101-508, Sec. 12302(b), (c), redesignated section 921 of 
this title 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''.


                             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

    Pub. L. 93-344, 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 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 Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in section 603 of this title.



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