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Amends the congressional review and budget enforcement rules so that any agency rule subject to the congressional approval procedure in title 5 that has an effect on budget authority, outlays, or receipts will be treated as effective unless Congress disapproves it under that procedure. One section references a broader change to chapter 8 of title 5 but includes only the chapter heading and no substantive text, so the full scope of that change is unclear from the provided text. The near-term effect would be to make budget-affecting agency rules operate during the congressional review window unless an active disapproval occurs, with likely effects on how agencies, OMB, CBO, and budget enforcement (including scorekeeping under the Balanced Budget and Emergency Deficit Control Act) treat such rules. Because one section lacks detail, legal and administrative effects for review timing and implementation remain partly uncertain.
Amend title 5, United States Code, chapter 8 to read as follows. (The text that would show how chapter 8 is to be read is not present in the provided file.)
No further provisions, definitions, requirements, prohibitions, authorizations, or deadlines are present in the provided section text; the substantive amendment language is missing from this file.
Amend 2 U.S.C. 907(b)(2) by adding a new subparagraph (E) titled “Budgetary effects of rules subject to section 802 of title 5, United States Code.” This is an explicit change to the statutory text of the Balanced Budget and Emergency Deficit Control Act of 1985.
Any rule that is subject to the congressional approval procedure in section 802 of title 5, United States Code, and that affects budget authority, outlays, or receipts, shall be assumed to be effective unless it is not approved under section 802.
Who is affected and how:
Federal agencies: Agencies that issue rules with budgetary effects will see those rules take effect by default during the congressional review window unless Congress disapproves. Agencies will likely need closer coordination with OMB and CBO on timing, scoring, and implementation logistics.
Office of Management and Budget (OMB) and Congressional Budget Office (CBO): OMB and CBO will play a larger role in determining and communicating budgetary effects and scorekeeping during the congressional review period; their analyses may determine whether and how rules are reflected in budget baselines and enforcement mechanisms.
Members of Congress and congressional committees: Congress retains disapproval authority but would need to act affirmatively to stop a budget-affecting rule from taking effect; this changes the practical dynamics of oversight and increases pressure to move quickly if disapproval is desired.
Federal budget enforcement and scorekeeping: Counting rules as effective during review can alter when budget authority, outlays, and receipts are recognized for enforcement under pay‑as‑you‑go or sequestration calculations, potentially affecting deficit accounting and triggers tied to budget levels.
Recipients of federal programs, contractors, and beneficiaries: Entities and individuals affected by rule changes that alter funding flows could experience faster implementation and earlier changes in benefit eligibility, payment rates, or obligations unless Congress disapproves.
State and local governments: Where federal rule changes affect federal grants, mandatory payments, or shared revenues, state and local budgets and planning could be affected sooner than under a regime that delays effectiveness during review.
Uncertainties:
Net effect:
Adds a new subparagraph (E) to 2 U.S.C. 907(b)(2) stating that any rule subject to the congressional approval procedure in 5 U.S.C. 802 that affects budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved under that procedure.
Amends chapter 8 of title 5, United States Code (Congressional review of agency rulemaking) to read as follows; the amended text is not included in the provided excerpt.
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced February 3, 2025 by John Neely Kennedy · Last progress February 3, 2025
Expand sections to see detailed analysis
Saving Privacy Act
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate
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