About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

Answers to Questions for the Record Following a Hearing by the House Committee on the Budget on the Work of the Congressional Budget Office 1 (July 29, 2015)

handle is hein.congrec/cbo2385 and id is 1 raw text is: 








                                                                                   JULY  29, 2015





                     Answers to Questions for the Record
        Following   a Hearing   by  the House Committee on the Budget
               on  the Work   of the  Congressional Budget Office



On June 3, 2015, the House Committee on the Budget convened a hearing at which Keith Hall,
Director of the Congressional Budget Office, testified about CBO's work. After the hearing,
Chairman  Price and other Members of the Committee submitted questions for the record. This
document provides CBO's answers.

Chairman   Price


Question. In CBO's scoring of H.R. 1907, The Trade Facilitation and Trade Enforcement
Act of 2015, there is an assumed spending increase of $200 million from 2015-2025 as a
result of increased interest payments for certain distributions under the Continued Dumping
and Subsidy Offset Act (CDSOA)  amendment.  As the original act was written, it states that
all interest should be distributed to the affected domestic industry and it was assumed until
an admission by Customs and Border Patrol (CBP) in 2014 that they had been carrying out
the payments as directed by law and Congressional intent. In its cost estimate of H.R. 1907 it
appears that CBO relied on CBP's interpretation of the CDSOA and is treating it as a change
in law rather than a clarification of existing law. By adopting CBP's interpretation of the law
to determine the baseline it is in essence forcing Congress to pay for an agency's mistake in
order to correct it under the current PAYGO rules.

  When  issuing cost estimates, do you feel that CBO should use a baseline that strictly
   follows what the governing statute says or do you feel that CBO should also take into
   account how the respective agency has been carrying out the law, even if they have been
   applying it erroneously?

  Do you  feel that if the baseline is determined based on an incorrect interpretation by the
   agency and shows an increased cost, loss in revenue, etc. it makes it more difficult for
   Congress to correct the error and abide by its original intent?

Answer. Through  its cost estimates, CBO strives to inform the Congress how enacting a piece
of legislation would affect the budget in comparison with what would happen under current
law. To assess the budgetary effects of proposals affecting revenues or direct spending, CBO
measures projected outcomes under proposed legislation against a benchmark, the baseline.
That baseline incorporates the effects of how executive branch agencies execute (or plan to
execute) current laws-but CBO  does not judge the validity of those agencies' actions.
Therefore, when Members  of Congress believe that an agency has misinterpreted the statutory
language, proposed legislation to correct the perceived error could be estimated to have a cost.


t

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most