[House Report 118-474]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 118-474

======================================================================



 
              CONGRESSIONAL BUDGET OFFICE DATA SHARING ACT

                                _______
                                

 April 29, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

             Mr. Arrington, from the Committee on the Budget, 
                         submitted the following

                              R E P O R T

                        [To accompany H.R. 7032]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Budget, to whom was referred the bill 
(H.R. 7032) to amend the Congressional Budget and Impoundment 
Control Act of 1974 to provide the Congressional Budget Office 
with necessary authorities to expedite the sharing of data from 
executive branch agencies, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Summary and Purpose of Legislation...............................     1
Background and Need for Legislation..............................     2
Section-by-Section Analysis......................................     3
Legislative History and Consideration............................     3
Hearings.........................................................     4
Votes of the Committee...........................................     4
Committee Oversight Findings and Recommendations.................     6
Congressional Budget Act Compliance..............................     6
Committee Cost Estimate..........................................     7
Federal Mandates Statement.......................................     7
Advisory Committee Statement.....................................     7
Applicability to the Legislative Branch..........................     7
Duplication of Federal Programs..................................     7
Performance Goals and Objectives.................................     7
Earmark Statement................................................     8
Changes in Existing Law Made by the Bill, as Reported............     8

                   Summary and Purpose of Legislation

    H.R. 7032, the Congressional Budget Office Data Sharing 
Act, increases and clarifies the Congressional Budget Office's 
(CBO) authority to access data to ensure that CBO can provide 
complete and timely cost estimates of proposed legislation to 
Congress. The bill provides an amendment to the Congressional 
Budget and Impoundment Control Act of 1974 that would enhance 
and expedite CBO's ability to access data and information from 
executive branch agencies for cost estimates and reports. This 
bill would also remove the parenthetical reference in section 
201(d) of the Congressional Budget and Impoundment Control Act 
of 1974 (2 U.S.C. Sec. 601(d)) and still require CBO to 
maintain confidentiality under section 203(e). The bill allows 
agencies to disclose information to the CBO Director or 
authorized CBO representative unless a law is enacted that 
specifically disallows CBO access to the material. 
Additionally, this bill requires the CBO Director to submit a 
report, no later than one year after enactment, to the chairs 
of the Committees on the Budget of the House of Representatives 
and the Senate regarding requests for information from 
executive branch agencies and any challenges faced in accessing 
that information.

                  Background and Need for Legislation

    The Congressional Budget and Impoundment Control Act of 
1974 established the Congressional Budget Office (CBO) and 
requires CBO to provide congressional committees with a cost 
estimate of legislation reported by the committee.\1\ In order 
to provide these cost estimates and other reports required by 
the Congressional Budget and Impoundment Control Act of 1974, 
the CBO 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'' under section 201(d).\2\ CBO plays a key role in 
the budget and legislative process, by providing objective, 
nonpartisan information to lawmakers through cost estimates and 
analytic reports. Cost estimates prepared by CBO of the 
budgetary effects of various legislative proposals serve as a 
guide of the fiscal impact of legislation considered by 
Congress.\3\ Section 402 of the Congressional Budget and 
Impoundment Control Act of 1974 requires the Director of CBO to 
submit a cost estimate to any committee of the House of 
Representatives or the Senate (except the Committee on 
Appropriations of each House) that reports a bill.\4\ CBO must 
rely on timely and accurate data and information from executive 
branch departments and agencies in order to fulfill their 
obligation under section 402. Beyond the budget process, clause 
3(c) of House rule XIII dictates that a committee report on a 
measure approved by the committee must include the statement 
required under section 308(a) of the Congressional Budget and 
Impoundment Control Act of 1974 and a cost estimate of the 
legislation prepared pursuant to section 402 of the 
Congressional Budget and Impoundment Control Act of 1974.\5\
---------------------------------------------------------------------------
    \1\Congressional Budget and Impoundment Control Act of 1974 Pub. L. 
93-344, Sec. 402 (1974).
    \2\Congressional Budget and Impoundment Control Act of 1974 Pub. L. 
93-344, Sec. 201(d) (1974).
    \3\Congressional Budget Office, Frequently Asked Questions About 
CBO Cost Estimates (Feb. 2013).
    \4\Congressional Budget and Impoundment Control Act of 1974 Pub. L. 
93-344, Sec. 402 (1974).
    \5\House Rule XIII; United States House of Representatives, Rules 
of the House of Representatives (2023).
---------------------------------------------------------------------------
    Section 201(d) includes a parenthetical caveat regarding 
the CBO Director's ability to access to data, detailing that 
the Director does not have authority to access information 
``the disclosure of which would be a violation of law.''\6\ 
This caveat, at times, has delayed and complicated the CBO 
Director's ability to obtain data from executive branch 
agencies on occasion.\7\ Part of these discussions can revolve 
around 18 U.S.C. Sec. 1905 which prohibits federal employees 
from publicly releasing various forms of confidential 
government information.\8\ This elongates the discussion 
process before CBO can acquire the needed data or information.
---------------------------------------------------------------------------
    \6\Congressional Budget and Impoundment Control Act of 1974 Pub. L. 
93-344, Sec. 201(d) (1974).
    \7\5 U.S. Code Sec. 552a.
    \8\18 U.S.C. Sec. 1905.
---------------------------------------------------------------------------
    Due to elongated discussions, the CBO Director is not 
always able to access information needed for cost estimates of 
legislation or reports. This may inhibit Congress's ability to 
legislate as they may not always have all the information 
regarding the fiscal impact of legislation in a timely manner. 
This bill would help expedite the information retrieval process 
for CBO so it can timely provide the proper information to 
lawmakers regarding the budgetary impact of legislation and 
other reports.

                      Section-by-Section Analysis


Section 1. Short title

    This section establishes the short title of the bill as the 
``Congressional Budget Office Data Sharing Act''.

Section 2. Requests by CBO of information from executive agencies

    Subsection (a) amends section 201(d) of the Congressional 
Budget and Impoundment Control Act of 1974 (2 U.S.C. 601(d)). 
It strikes the parenthetical reference and ensures that 
confidentiality, as determined by law, is maintained in 
accordance with section 203(e). It also specifies that CBO can 
obtain available information with or without a written 
agreement. Subsection (a)(3) also ensures that no future laws 
supersede, limit, or otherwise modify the CBO Director's 
authority to receive material unless specifically provided by 
such a law.
    Subsection (b) requires the CBO Director to submit a 
report, no later than one year after enactment, to the chairs 
of the Committees on the Budget of the House of Representatives 
and the Senate detailing any request for information pursuant 
to a written agreement made to any department, agency, or 
establishment of the executive branch or any regulatory agency, 
and any challenges faced accessing that information.

                 Legislative History and Consideration

    On January 18, 2024, Representatives Brendan Boyle (D-PA-2) 
and Jodey Arrington (R-TX-19) introduced H.R. 7032, and the 
bill was referred to the Committee on the Budget.
    On February 6, 2024, the Committee considered H.R. 7032, 
and ordered the measure reported to the House, without 
amendment, by a vote of 30 ayes to 0 noes.

                                Hearings

    Pursuant to clause 3(a)(6) of rule XIII the following 
hearing was used to develop H.R. 7032, the Congressional Budget 
Office Data Sharing Act:
    On January 31, 2024, the Committee held a hearing titled 
``Creating a Culture of Fiscal Responsibility: Assessing the 
Role of the Congressional Budget Office.'' The Committee 
received testimony from:
    The Honorable Phillip Swagel, Ph.D., Director of the 
Congressional Budget Office.

                         Votes of the Committee

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to accompany any 
bill or resolution of a public character to include the total 
number of votes cast for and against each roll-call vote, on a 
motion to report and any amendments offered to the measure or 
matter, together with the names of those voting for and 
against.
    Listed below are the actions taken by the Committee on the 
Budget of the House of Representatives on H.R. 7032, the 
Congressional Budget Office Data Sharing Act.
    On February 6, 2024, the Committee met in open session, a 
quorum being present.
    Chairman Arrington asked unanimous consent to be 
authorized, consistent with clause 1(a)(2) of rule XI of the 
Rules of the House of Representatives, to declare a recess at 
any time during the committee meeting.
    There was no objection to this unanimous consent request.
    Chairman Arrington asked unanimous consent to dispense with 
the first reading of the bill, the bill be considered read and 
open to amendment at any point, and to dispense with the 
reading of any amendments.
    There was no objection to this unanimous consent request.
    H.R. 7032, the Congressional Budget Office Data Sharing 
Act, was ordered reported to the House of Representatives, 
without amendment, by a vote of 30 ayes to 0 noes.
    The Committee on the Budget took the following vote: 
   
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
       Committee Oversight Findings and Recommendations 

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

             Congressional Budget Act Compliance 

    For purposes of Clauses 3(c)(2) and (3) of rule XIII of the 
Rules of the House of Representatives and Section 308(a)(1) of 
the Congressional Budget and Impoundment Control Act of 1974 
(relating to estimates of new budget authority, new spending 
authority, new credit authority, or increased or decreased 
revenues or tax expenditures), are not considered applicable. 
The estimate and comparison required to be prepared by the 
Director of the Congressional Budget Office pursuant to clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and sections 402 and 423 of the Congressional 
Budget and Impoundment Control Act of 1974 submitted to the 
committee prior to the filing of this report are as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 7032 would amend the Congressional Budget and 
Impoundment Control Act of 1974 to clarify and strengthen the 
ability of the Congressional Budget Office (CBO) to access 
executive branch data. The bill would require CBO to continue 
to maintain the same level of confidentiality for the data as 
the agency that provides the data. H.R. 7032 also would require 
CBO to report to the Congress within one year of enactment 
about requests for information made to federal agencies and any 
challenges it faced. Under current law, CBO generally has 
access to information from the executive branch; however, 
questions about the extent of CBO's authority can delay the 
timing of that access.
    Because H.R. 7032 would primarily clarify CBO's ability to 
access and its need to protect executive branch data, we 
estimate that implementing H.R. 7032 would have no significant 
effect on federal spending. Any spending would be subject to 
the availability of appropriated funds.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
                                           Phillip L. Swagel, 
                           Director, Congressional Budget Office. 

                      Committee Cost Estimate

    Pursuant to clauses 3(d) of rule XIII of the Rules of the 
House of Representatives the committee report incorporates the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to Sections 402 and 423 of the 
Congressional Budget and Impoundment Control Act of 1974.

                    Federal Mandates Statement

    Pursuant to section 423 of the Unfunded Mandates Reform 
Act, the Committee has determined that the bill does not 
contain federal mandates on the private sector. The Committee 
has determined that the bill does not impose a federal 
intergovernmental mandate on state, local, or tribal 
governments.

                   Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

             Applicability to the Legislative Branch

    The committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

                 Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 7032, the Congressional Budget Office Data Sharing Act, 
establishes or reauthorizes a program of the Federal government 
known to be duplicative of another Federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                 Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
allow greater authority for the Congressional Budget Office to 
obtain data and to limit any potential delays in obtaining such 
information and ensure timely completion of cost estimates on 
proposed legislation and reports for Congress. This bill would 
amend the Congressional Budget and Impoundment Control Act of 
1974 to ensure that the CBO Director receives the necessary 
authority to obtain data and information from executive branch 
agencies while still maintaining confidentiality requirements 
required under the Congressional Budget and Impoundment Control 
Act of 1974.

                        Earmark Statement

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 7032 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI 
of the Rules of the House of Representatives.

      Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

             CONGRESSIONAL BUDGET AND IMPOUNDMENT 
                      CONTROL ACT OF 1974

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             TITLE II--CONGRESSIONAL BUDGET OFFICE

                    establishment of office

  Sec. 201. (a) In General.--
          (1) There is established an office of the Congress to 
        be known as the Congressional Budget Office 
        (hereinafter in this title 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 maximum rate of 
        pay in effect under section 105(f) of the Legislative 
        Branch Appropriation Act, 1968 (2 U.S.C. 4575(f)).
          (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, United States 
Code.
  (d) Relationship to Executive Branch.--[The Director is 
authorized] (1) 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)] (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 section 203(e). 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) No provision of law enacted after the date of the 
enactment of the Congressional Budget Office Data Sharing Act 
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.--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, 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) 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 the paragraph relating to the contingent fund 
of the Senate under the heading ``UNDER LEGISLATIVE'' in the 
Act of October 1, 1888 (28 Stat. 546; 2 U.S.C. 68), and upon 
vouchers approved by the Director.

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