Congressional Budget Office Data Sharing Act

Floor Speech

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Mr. YAKYM. Mr. Speaker, I move to suspend the rules and pass 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.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 7032

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Congressional Budget Office Data Sharing Act''. SEC. 2. REQUESTS BY CBO OF INFORMATION FROM EXECUTIVE AGENCIES.

(a) In General.--Section 201(d) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 601(d)) is amended--

(1) by striking ``The Director is authorized'' and inserting ``(1) The Director is authorized'';

(2) by striking ``(other than material the disclosure of which would be a violation of law)'' and inserting ``(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)''; and

(3) by adding at the end the following:

``(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unless such provision specifically provides, by specific reference to this paragraph, that such authority is to be superseded, limited, or otherwise modified.''.

(b) Report.--Not later than one year after the date of the enactment of this Act, the Director of the Congressional Budget Office shall submit, to the chairs of the Committees on the Budget of the House of Representatives and the Senate, a report listing any request for information pursuant to a written agreement under section 201(d) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 601(d)), as amended by subsection (a) of this Act, made to any department, agency, or establishment of the executive branch of Government or any regulatory agency or commission of the Government and any challenges faced accessing information under such section.

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Mr. YAKYM. 7032.

Mr. Speaker, I rise today in support of the Congressional Budget Office Data Sharing Act.

First, I thank my colleague and friend, the ranking member of the Budget Committee, Mr. Boyle of Pennsylvania, for working with me on this commonsense, bipartisan reform. I also thank our Budget Committee chairman, Jodey Arrington, for his leadership and work on this effort, as well.

As a Congress, there is one thing we can all agree on: The current budgetary process is not working for the American people.

Congress has adopted a budget resolution by its statutorily required April 15 deadline only four times in the last four decades.

We have to find ways to address this brokenness so we can serve and steward the American people's hard-earned tax dollars. A key part of this is process reform.

To me, process is a set of incentives that drive behavior, and we must change the current behavior that is failing this country, especially our children and grandchildren.

Right now, the CBO encounters ongoing challenges in obtaining necessary data from executive branch agencies in a timely manner without restrictions. CBO's recent interactions with the Social Security Administration reveal a systemic issue that extends beyond a single agency. The process of renewing data agreements, which are vital for the CBO's analyses, has been met with significant delays.

For example, a particular Social Security agreement with the Social Security Administration, critical for ongoing access to essential data, required over a year of negotiations before it was finalized and renewed. This consumed significant resources and time and deprived Congress of valuable information.

It is clear that the current framework is broken. There are many interpretations of various legislative mandates that bring inefficiencies and obstacles to data access. These challenges impact how quickly CBO can provide vital information to Congress and hinder Members' ability to make fully informed decisions regarding the budgetary impact of proposed legislation.

Our bill will put an end to this troubling dynamic.

The Congressional Budget Office Data Sharing Act would ensure the CBO has the tools it needs to deliver for us, their customer, timely and accurate information. It assists CBO in providing Congress with cost estimates for legislation and other fiscal reports that are critical for bringing accountability and transparency.

We streamline the CBO's ability to obtain necessary data, enabling timely completion of its work. We also strengthen and clarify the CBO's ability to request and receive data from executive branch agencies.

This doesn't threaten the confidentiality of sensitive information. Rather, the CBO would be required to maintain confidentiality in a way similar to the executive branch agency that is providing it.

This bill also ensures that future laws will not limit or modify this enhanced authority unless explicitly stated.

Finally, the bill provides increased transparency by requiring the CBO to report to the House and Senate Budget Committees on the requests it makes to agencies and any challenges encountered in retrieving necessary information.

I am proud to support this measure that will give CBO some of the tools it needs to provide timely, accurate, and complete information to Congress.

This legislation is smart, bipartisan, and a step in the right direction to improving the way that we budget Americans' hard-earned tax dollars.

Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.
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Mr. YAKYM. Mr. Speaker, I am ready to close, and I yield myself such time as I may consume.

Mr. Speaker, I ask to include in the Record letters in statement of support from various organizations and individuals as part of H.R. 7032.

These include from the Congressional Budget Office, several former directors of the Congressional Budget Office, including: Dan Crippen, Doug Elmendorf, and Doug Holtz-Eakin; Sandy Davis who served as the Congressional Budget Office's Associate Director for Legislative Affairs from 2003-2015, and the Economic Policy Innovation Center.

I will include in the Record the Bipartisan Policy Center, the Cato Institute, the Committee for a Responsible Federal Budget, and the National Taxpayers Union Foundation. Dan Crippen, Former CBO Director

I applaud the House Budget Committee for its legislation allowing CBO more access to data from federal agencies. I urge the House to pass the bill in time for the Senate to act expeditiously as well.

Having once served as Director, I can report first-hand that agencies collect data valuable to CBO analysis of legislation and important issues to the Congress. Unfortunately, many of those agencies are reluctant to share the data for any number of reasons, including:

privacy;

enabling statutes; and,

the inherent power of ``owning'' the data (often unspoken).

The bill the House plans to consider will help clarify the ability of agencies to overcome any legislative restrictions that might impose concern about the legality of transfers. Other concerns can be mitigated using an MOU.

Privacy has often been the reason given for not sharing data. Various deidentification techniques can protect privacy. I was often told that I could identify Bill Gates tax return without any identifying information . . . of course, with more taxpayers at his level of income, it would be more difficult now. Nonetheless, it is possible to eliminate entirely a few cells that would be identifiable without severe masking of all data, destroying the statistical properties of the information.

With the help of Chairman Moynihan, CBO gained access to IRS data, but under all the same laws and rules of the IRS itself . . . including go-to-jail provisions for leaking. Some analysts at CBO were initially chagrined at the new exposure, but subsequently understood the security measures we needed to take to successfully comply. This legislation would do the same for all agencies.

The Census Bureau often claimed that its charter made any census data available only to the Census Bureau . . . to help improve its data collection. I once encouraged the House Appropriations Committee to include CBO access to Census Bureau data, which they did, only to have the Bureau launch a large and successful campaign against it. The Bureau claimed leaks by CBO would discourage people from returning the census survey when, at least at that point, the only agency to leak data was the Bureau itself. This bill would make it clear that it is appropriate and legal for agencies to allow CBO to use data collected by the government.

No matter what the reason, nor how good the motives, withholding data from CBO deprives the Congress of better estimates and analysis. This legislation will make it more straightforward and less ambiguous, without jeopardizing existing privacy. The folks at CBO, along with other fine qualities, are not a leaky lot . . . as shown by their history. ____ Harvard, Kennedy School, Cambridge, MA, April 12, 2024. Hon. Jodey Arrington, Chairman, Committee on the Budget, House of Representatives, Washington, DC. Hon. Brendan Boyle, Ranking Member, Committee on the Budget, House of Representatives, Washington, DC.

Dear Chairman Arrington and Ranking Member Boyle: As a former director of the Congressional Budget Office--serving from 2009 to 2015--I take considerable interest in CBO's ability to obtain the information it needs to effectively serve the Budget Committees and the Congress as a whole. From that perspective, I strongly support H.R. 7032, the Congressional Budget Office Data Sharing Act.

Many officials around the U.S. Government understand the value of CBO's analysis in the legislative process, the importance of that analysis being based on comprehensive and up-to-date data, and the care with which CBO handles the data that it receives. At the same time, those officials are understandably concerned about not violating confidentiality protections that apply to the data they collect. The result in some cases is that legal ambiguity about CBO's authority to access confidential data hinders CBO's ability to gather needed information in a timely and efficient manner, and thereby constrains CBO's ability to serve the Congress appropriately.

H.R. 7032 would resolve such ambiguity, allowing CBO to obtain data from executive branch agencies without obstacles as long as CBO maintains the required degree of confidentiality. This clarification of CBO's ability to access agency data would streamline CBO's work process and help CBO to deliver the timely, rigorous, fact-based analysis on which the Congress depends. Sincerely, Douglas W. Elmendorf, Professor of Public Policy. ____ American Action Forum, April 15, 2024. Hon. Jodey Arrington, Chairman, Committee on the Budget, House of Representatives, Washington, DC. Hon. Brendan F. Boyle, Ranking Member, Committee on the Budget, House of Representatives, Washington, DC.

Dear Chairman Arrington and Ranking Member Boyle: I am writing to support passage of H.R. 7032, the Congressional Budget Office Data Sharing Act. I served as director of the Congressional Budget Office (CBO) from 2003 through 2005. In my opinion, H.R. 7032 would improve CBO's access, and especially the timeliness of access, to executive agencies' data essential to fulfilling its mission.

At present, CBO receives data under the authority provided by the Congressional Budget Act. These are largely cooperative arrangements, at times augmented by formal datasharing agreements. While this process has generally worked well, it would be useful to clarify and strengthen CBO's access to agencies' data.

As noted in CBO's letter to you:

H.R. 7032 would amend section 201(d) of the Congressional Budget Act, which governs CBO's access to executive branch data, by striking a parenthetical statement in that section, ``(other than material the disclosure of which would be a violation of law).'' That condition is unnecessary when another statute more specifically governs CBO's access to certain data. It also can hamper access to data by requiring CBO to enter into additional discussions with agencies, thus impairing the timeliness of CBO's work.

Enacting the bill would remove the caveat and, instead, provide CBO access to executive branch data unless that access is specifically disallowed by a future law. H.R. 7032 also includes a reference to section 203(e) of the Congressional Budget Act to highlight CBO's obligation to protect the restricted information it receives.

This relatively modest clarification of CBO's authority to request and receive data will strengthen CBO's ability to provide Congress with timely cost estimates, more detailed reports, and other information supporting Congress' deliberations.

I congratulate you on the successful vote in the Budget Committee and hope to see H.R. 7032 enacted into law. Sincerely, Douglas Holtz-Eakin, President. ____ [From Sandy Davis, Associate Director for Legislative Affairs, Congressional Budget Office (2003-2015), Apr. 12, 2024]

Statement of Support for H.R. 7032--The Congressional Budget Office Data Sharing Act

It is my pleasure to submit this statement supporting the adoption of H.R. 7032, the Congressional Budget Office Data Sharing Act. I worked at the Congressional Budget Office (CBO) for nearly 20 years, the last dozen or so serving as CBO's principal liaison to Congress. In that capacity, I witnessed the periodic struggles CBO analysts faced in their efforts to acquire timely data and information from Executive Branch agencies to prepare cost estimates and other critical budgetary analyses for Congress. H.R. 7032 would reaffirm Congress' original directive under the Congressional Budget Act of 1974 giving CBO access to Executive Branch data and would clarify and enhance CBO's statutory authority to acquire such data to carry out its duties under the Budget Act in support of the Budget Committees and the broader Congressional budget process.

It is also important to note that the House Budget Committee reported H.R. 7032 by a unanimous vote of 30-0. In my view, that vote strongly suggests that the Committee views this measure as a buttress for Congress institutional capacity to protect its power of the purse under Article I of the Constitution. That is reminiscent of the strong bipartisanship that led to the enactment of the Congressional Budget Act and other institutional reforms in the early 1970s to reassert Congress' constitutional prerogatives. As we approach the 50th anniversary of the enactment of that landmark measure, H.R. 7032 represents an important restatement of and enhancement to that critical law. ____ Economic Policy Innovation Center, April 25, 2024. Hon. Jodey Arrington, Chairman, Committee on the Budget, House of Representatives, Washington, DC. Hon. Brendan Boyle, Ranking Member, Committee on the Budget, House of Representatives, Washington, DC.

Chairman Arrington and Ranking Member Boyle: Congress relies on the Congressional Budget Office (CBO) to serve as its non-partisan official scorekeeper. Accurate cost estimates and budgetary and economic projections require high-quality and up-to-date data inputs.

The CBO was established to provide information to lawmakers without being solely reliant on the Executive Branch's analysis of legislation. However, the Executive Branch agencies that administer the laws will often have access to records and statistics which are vital to understanding the fiscal and economic impacts of programs and policy proposals. That is why the Congressional Budget Act authorized the Director of the CBO to ``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.'' Indeed, the heart of the Foundations for Evidence-Based Policy Making Act (2018) was to require government-wide data sharing (subject to privacy laws) with the goal of better policy evaluation and formation.

Unfortunately, the CBO has reported difficulty and delays in accessing data from agencies. H.R. 7032, the Congressional Budget Office Data Sharing Act, would improve CBO's ability to access data from the Executive Branch while requiring CBO to maintain ``the level of confidentiality required by law'' to protect any sensitive information. The bill also includes a new requirement for CBO to report to Congress on CBO's requests for data from the Executive Branch.

Access to accurate and timely information is important for lawmakers to do their work for the American people, and we applaud your bipartisan efforts in this regard. Sincerely, Brittany Madni,

Executive Vice President, Economic Policy Innovation Center (EPIC). William W. Beach, D. Phil.,

Senior Fellow in Economics, Economic Policy Innovation Center (EPIC).

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Mr. YAKYM. -Mr. Speaker, I also include in the Record letters and statements of support from various organizations and individuals as part of H.R. 7032. These include statements of support from the National Taxpayers Union, the CATO Institute, and the Committee for a Responsible Federal Budget. Romina Boccia, CATO

Strengthen budget data sharing. The Congressional Budget Office (CBO) plays a critical role in informing Congress about the fiscal state of the nation as well as in providing forward-looking guidance for how policy changes will affect the budgetary picture. At times, CBO has encountered difficulties accessing necessary data from other government agencies which complicates the production of objective, impartial, and timely analyses of legislative proposals. The Congressional Budget Office Data Sharing Act (H.R. 7032) empowers CBO to get the data it needs to get the job done, ensuring legislators can make informed budgetary decisions. Improving fiscal reporting should be a nonpartisan priority and it's encouraging to see that this is the case for H.R. 7032. which was reported out of the House Budget Committee with unanimous support. Committee for a Responsible Federal Budget

Maya MacGuineas, president of the Committee for a Responsible Federal Budget, said. ``The Congressional Budget Office (CBO) needs timely access to government data to provide information to lawmakers as they make decisions affecting our country's fiscal path. The Congressional Budget Office Data Sharing Act would streamline the process for CBO to obtain such data and thus contribute to improved and more timely information for lawmakers. Policymakers should pass this bill.'' National Taxpayers Union Foundation

The Congressional Budget Office Data Sharing Act introduced by the House Budget Committee's Chairman Jodey Arrington (R- TX) and Ranking Member Brendan Boyle (D-PA) will help CBO to respond to congressional requests for legislative analyses in a timelier manner.

Under current policies, CBO can encounter roadblocks in getting information it needs from federal agencies that lead to avoidable delays. The bill would add the CBO to the same exemption to the Privacy Act of 1974 that is provided to the Government Accountability Office and both chambers of Congress. It is also important to note that CBO is obligated to protect data in the same way as other federal agencies.

The bipartisan CBO Data Sharing Act would help improve CBO's important work by streamlining its access to needed information. In turn, CBO can provide lawmakers and taxpayers with more accurate and timely cost estimates of legislative proposals. Demian Brady, Vice President of Research, National Taxpayers Union Foundation.

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Mr. YAKYM. Mr. Speaker, again, I express my sincere gratitude to the gentleman from Pennsylvania (Mr. Boyle), my friend and fellow Notre Dame graduate, and the ranking member of the Budget Committee for his bipartisan work and his partnership on the CBO Data Sharing Act.

It is a testament to the spirit of bipartisanship that we have on the House Budget Committee. I, again, thank our budget chair, the gentleman from Texas (Mr. Arrington) for his work and his commitment on this bill.

I also extend my deep appreciation to my fellow members of the Budget Committee for their work in support of this legislation, as well as the Budget Committee staff, both on the Republican and Democratic side.

It is critical that the Congressional Budget Office has access to the data needed to support the budget process and ensure that we are the best stewards of Americans' hard earned tax dollars.

The CBO plays a meaningful role in the legislative process by determining the fiscal impact of important potential policy decisions that we undertake here in this House.

Too often, the CBO struggles to obtain the necessary data from executive branch agencies in a timely manner. As was mentioned earlier, this has ripple effects on its ability to deliver prompt budgetary analysis to Congress.

As we all know, this, in turn, delays the Congress in making fully informed decisions regarding the budgetary impact of legislation.

H.R. 7032 removes this hurdle and helps streamline the budget process. This bipartisan legislation will grant the CBO the authority to request and receive key data from executive branch agencies, ensuring it is able to fulfill its mission as laid out in the Congressional Budget Act of 1974.

While expanding access, however, this bill also recognizes the importance of protecting data privacy and ensures that the CBO continues to be subject to congressional oversight.

Given the critical nature of the CBO's work, we can't allow them to continue to operate in a broken budgetary system.

This bipartisan legislation supports strengthening the CBO while allowing us as lawmakers to make the most informed and forward-thinking decisions possible.

I am grateful to everyone who played a part in moving this bill, and I commend the bipartisan members of the Budget Committee who voted unanimously for this bill during committee markup.

I am proud to express my strong support for the CBO Data Sharing Act. I look forward to voting in favor of this piece of legislation. I urge my colleagues to do the same.

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