[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\
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\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).
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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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