§ 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.
