2 U.S.C. § 603 — Public access to budget data

Page 168 TITLE 2—THE CONGRESS § 603 hance comparisons of budget outlays, credit authority, and tax expenditures. (2) Federal mandate studies (A) At the request of any Chairman or rank- ing member of the minority of a Committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct a study of a legislative proposal con- taining a Federal mandate. (B) In conducting a study on intergovern- mental mandates under subparagraph (A), the Director shall— (i) solicit and consider information or comments from elected officials (including their designated representatives) of State, local, or tribal governments as may provide helpful information or comments; (ii) consider establishing advisory panels of elected officials or their designated rep- resentatives, of State, local, or tribal gov- ernments if the Director determines that such advisory panels would be helpful in per- forming responsibilities of the Director under this section; and (iii) if, and to the extent that the Director determines that accurate estimates are rea- sonably feasible, include estimates of— (I) the future direct cost of the Federal mandate to the extent that such costs sig- nificantly differ from or extend beyond the 5-year period after the mandate is first ef- fective; and (II) any disproportionate budgetary ef- fects of Federal mandates upon particular industries or sectors of the economy, States, regions, and urban or rural or other types of communities, as appro- priate. (C) In conducting a study on private sector mandates under subparagraph (A), the Direc- tor shall provide estimates, if and to the ex- tent that the Director determines that such estimates are reasonably feasible, of— (i) future costs of Federal private sector mandates to the extent that such mandates differ significantly from or extend beyond the 5-year time period referred to in sub- paragraph (B)(iii)(I); (ii) any disproportionate financial effects of Federal private sector mandates and of any Federal financial assistance in the bill or joint resolution upon any particular in- dustries or sectors of the economy, States, regions, and urban or rural or other types of communities; and (iii) the effect of Federal private sector mandates in the bill or joint resolution on the national economy, including the effect on productivity, economic growth, full em- ployment, creation of productive jobs, and international competitiveness of United States goods and services. (Pub. L. 93–344, title II, § 202, July 12, 1974, 88 Stat. 304; Pub. L. 99–177, title II, § 221, Dec. 12, 1985, 99 Stat. 1060; Pub. L. 101–508, title XIII, § 13112(a)(3), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 104–4, title I, § 102(1), Mar. 22, 1995, 109 Stat. 60; Pub. L. 104–186, title II, § 213, Aug. 20, 1996, 110 Stat. 1745; Pub. L. 105–33, title X, § 10103, Aug. 5, 1997, 111 Stat. 678.) Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–33, § 10103(a), inserted ‘‘primary’’ before ‘‘duty’’ in first sentence. Subsec. (e). Pub. L. 105–33, § 10103(b), redesignated sub- sec. (f) as (e) and struck out heading and text of former subsec. (e). Text of par. (1) of subsec. (e) read as follows: ‘‘The duties, functions, and personnel of the Joint Com- mittee on Reduction of Federal Expenditures are trans- ferred to the Office, and the Joint Committee is abol- ished.’’ Par. (2) of subsec. (e) repealed section 571 of former Title 31, Money and Finance. Subsec. (e)(1)(C). Pub. L. 105–33, § 10103(c), added sub- par. (C). Subsecs. (f) to (h). Pub. L. 105–33, § 10103(b), redesig- nated subsecs. (g) and (h) as (f) and (g), respectively. 1996—Subsec. (g). Pub. L. 104–186 substituted ‘‘House Oversight’’ for ‘‘House Administration’’. 1995—Subsec. (c)(2), (3). Pub. L. 104–4, § 102(1)(A), added par. (2) and redesignated former par. (2) as (3). Subsec. (h). Pub. L. 104–4, § 102(1)(B), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: ‘‘The Director shall conduct con- tinuing studies to enhance comparisons of budget out- lays, credit authority, and tax expenditures.’’ 1990—Subsecs. (a)(1), (f)(1). Pub. L. 101–508 substituted ‘‘new budget authority’’ for ‘‘budget authority’’ in sub- sec. (a)(1) and second sentence of subsec. (f)(1). 1985—Subsec. (f)(1). Pub. L. 99–177, § 221(a), substituted ‘‘February 15’’ for ‘‘April 1’’. Subsec. (f)(3). Pub. L. 99–177, § 221(b), added par. (3). Subsec. (h). Pub. L. 99–177, § 221(c), added subsec. (h). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made avail- able as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation con- sidered on and after such date, see section 110 of Pub. L. 104–4, set out as an Effective Date note under section 1511 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–177 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 Termi- nation 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. EFFECTIVE DATE Section 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 a note under section 621 of this title. CREDIT REFORM Pub. L. 100–119, title II, § 212, Sept. 29, 1987, 101 Stat. 787, provided that the Congressional Budget Office, in consultation with the General Accounting Office, was to study and report to Congress, as soon as practicable, on Federal direct loan and loan guarantee programs for fiscal years 1987 and 1988. § 603. Public access to budget data (a) Right to copy Except as provided in subsections (c), (d), and (e), the Director shall make all information, Page 169 TITLE 2—THE CONGRESS § 605 data, estimates, and statistics obtained under section 601(d) and (e) of this title available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, at the request of any person, furnish a copy of any such informa- tion, data, estimates, or statistics upon pay- ment by such person of the cost of making and furnishing such copy. (b) Index The Director shall develop and maintain fil- ing, coding, and indexing systems that identify the information, data, estimates, and statistics to which subsection (a) applies and shall make such systems available for public use during normal business hours. (c) Exceptions Subsection (a) shall not apply to information, data, estimates, and statistics— (1) which are specifically exempted from dis- closure by law; or (2) which the Director determines will dis- close— (A) matters necessary to be kept secret in the interests of national defense or the con- fidential conduct of the foreign relations of the United States; (B) information relating to trade secrets or financial or commercial information per- taining specifically to a given person if the information has been obtained by the Gov- ernment on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is re- quired to be kept secret in order to prevent undue injury to the competitive position of such person; or (C) personnel or medical data or similar data the disclosure of which would con- stitute a clearly unwarranted invasion of personal privacy; unless the portions containing such matters, information, or data have been excised. (d) Information obtained for committees and Members Subsection (a) shall apply to any information, data, estimates, and statistics obtained at the request of any committee, joint committee, or Member unless such committee, joint com- mittee, or Member has instructed the Director not to make such information, data, estimates, or statistics available for public copying. (e) Level of confidentiality With respect to information, data, estimates, and statistics obtained under sections 601(d) and 601(e) of this title, the Director shall maintain the same level of confidentiality as is required by law of the department, agency, establish- ment, or regulatory agency or commission from which it is obtained. Officers and employees of the Congressional Budget Office shall be subject to the same statutory penalties for unauthorized disclosure or use as officers or employees of the department, agency, establishment, or regu- latory agency or commission from which it is obtained. (Pub. L. 93–344, title II, § 203, July 12, 1974, 88 Stat. 305; Pub. L. 106–554, § 1(a)(7) [title III, § 310(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–639.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–554, § 1(a)(7) [title III, § 310(b)(2)], substituted ‘‘subsections (c), (d), and (e)’’ for ‘‘subsections (c) and (d)’’. Subsec. (e). Pub. L. 106–554, § 1(a)(7) [title III, § 310(b)(1)], added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 a note under section 621 of this title. § 604. Omitted Editorial Notes CODIFICATION Section, Pub. L. 94–440, title V, § 500, Oct. 1, 1976, 90 Stat. 1452, the Legislative Appropriation Act, 1977, which authorized the Congressional Budget Office to contract without regard to section 5 of former Title 41, Public Contracts, applied to fiscal year 1977 and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appro- priation act: Pub. L. 94–157, title I, Dec. 18, 1975, 89 Stat. 834. § 605. Sale or lease of property, supplies, or serv- ices (a) Any sale or lease of property, supplies, or services to the Congressional Budget Office shall be deemed to be a sale or lease to the Congress subject to section 4103 of this title. (b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1996. (Pub. L. 104–197, title I, § 104, Sept. 16, 1996, 110 Stat. 2404.) Editorial Notes REFERENCES IN TEXT Section 4103 of this title, referred to in subsec. (a), was in the original a reference to section 903 of the Supplemental Appropriations Act, 1983, Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 336, which is classified to section 4103 of this title and in part as a note set out under section 4103 of this title. CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of title II of the Congressional Budget and Impoundment Control Act of 1974 which comprises this chapter. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 527. Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1433. Pub. L. 103–69, title I, Aug. 11, 1993, 107 Stat. 701. Pub. L. 102–392, title I, Oct. 6, 1992, 106 Stat. 1713. Pub. L. 102–90, title I, Aug. 14, 1991, 105 Stat. 458. Pub. L. 101–520, title I, Nov. 5, 1990, 104 Stat. 2266. Pub. L. 101–163, title I, Nov. 21, 1989, 103 Stat. 1054. Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2169. Pub. L. 100–202, § 101(i) [title I], Dec. 22, 1987, 101 Stat. 1329–290, 1329–300. Pub. L. 99–500, § 101(j) [H.R. 5203, title I], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(j), Oct. 30, 1986, 100 Stat. 3341–287.