Overview

Title

To include certain executive and judicial actions in the baseline calculation by the Congressional Budget Office, and for other purposes.

ELI5 AI

H.R. 9751, or the "Executive Action Cost Transparency Act," is a rule that wants to be sure the government counts the money impact of big decisions by the President and judges when making budget plans, especially if these decisions cost a lot, like $50 billion over ten years. This helps everyone see how these big choices can change how much the country spends and saves.

Summary AI

H.R. 9751, also known as the "Executive Action Cost Transparency Act," aims to improve how the Congressional Budget Office (CBO) calculates the budget baseline by including the financial impact of certain executive and judicial actions. The bill proposes amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 to ensure that any significant executive orders or court rulings—estimated to affect the budget by at least $50 billion over a decade—are considered in baseline calculations. Additionally, the bill requires that a separate table showing these actions be included in the CBO's reports.

Published

2024-09-23
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-09-23
Package ID: BILLS-118hr9751ih

Bill Statistics

Size

Sections:
2
Words:
419
Pages:
3
Sentences:
12

Language

Nouns: 113
Verbs: 30
Adjectives: 38
Adverbs: 4
Numbers: 19
Entities: 29

Complexity

Average Token Length:
4.50
Average Sentence Length:
34.92
Token Entropy:
4.59
Readability (ARI):
20.98

AnalysisAI

The proposed legislation, known as the "Executive Action Cost Transparency Act," seeks to increase the transparency of budgetary calculations by including the economic implications of certain executive and judicial actions in the baseline calculations performed by the Congressional Budget Office (CBO). Introduced to the House of Representatives on September 23, 2024, the bill mandates changes to ensure that the budgetary effects of executive orders, judicial rulings, and similar actions are accounted for, provided they meet specific financial thresholds.

General Summary of the Bill

The bill amends existing financial control laws to require that the Congressional Budget Office include the budgetary effects of executive and judicial actions in their baseline calculations when these actions are expected to have significant financial implications, specifically $50 billion or more. The baseline is a critical tool used by legislators to evaluate the budgetary impact of proposed policies and to guide allocation and funding decisions. By ensuring that executive and judicial actions are considered, the bill aims to provide a more comprehensive view of governmental fiscal responsibilities and impacts.

Significant Issues

A notable issue with the bill is the vagueness embedded in the phrase "to the extent practicable." This could lead to various interpretations regarding when and what actions are feasibly included in budgetary calculations, potentially resulting in inconsistent application and compliance across different governmental departments.

Additionally, the bill requires that proposed executive actions be considered as if they are final, which could lead to inaccuracies in the budget forecast. This assumption might result in resource mismanagement, especially if significant changes to proposed actions occur before they are finalized. Furthermore, the set threshold of $50 billion for including budgetary effects presents a high bar. Many significant actions with potentially substantial yet smaller financial consequences could be overlooked, leading to criticism that the bill may not be comprehensive enough in its approach.

Another point of contention is the reference to "scorekeeping guidelines" which appear central to the changes proposed. However, the bill lacks clarity on how these guidelines are to be applied in conjunction with the new requirements. This ambiguity could complicate the bill's execution, potentially creating legal and administrative challenges.

Broad Public Impact

For the general public, this bill's impact will likely center around improved transparency and accountability in government spending. By encompassing the budgetary consequences of executive and judicial actions, the public may gain a more complete understanding of how such decisions affect the nation's financial health. This broader scope could lead to more informed public dialogue and scrutiny on governmental spending priorities.

Impact on Specific Stakeholders

The bill could significantly influence government agencies and legal institutions. For policymakers, enhanced visibility into the financial ramifications of executive orders and judicial decisions may support better-informed legislative processes and outcomes. However, the administrative burden of adhering to these new requirements could challenge agencies, especially given the potential ambiguities in implementation.

Moreover, political entities might experience mixed effects. On one hand, the emphasis on financial accountability might be welcomed by fiscal conservatives advocating for restrained budget expenditure. On the other hand, the $50 billion threshold might be seen as too lenient, potentially ignoring smaller, yet still meaningful, budgetary impacts that stakeholders across the political spectrum feel should also be considered.

In conclusion, while the "Executive Action Cost Transparency Act" aims to refine fiscal oversight and incorporate a broader scope of government actions into budgetary assessments, its implementation hinges on clarifying the practicalities of inclusion and thresholds, which remain points of potential contention and challenge.

Financial Assessment

The proposed bill, H.R. 9751, known as the "Executive Action Cost Transparency Act," focuses on how the Congressional Budget Office (CBO) evaluates the financial impact of government actions. Specifically, it mandates that the financial ramifications of executive and judicial actions be included in the budget baseline calculations. This is a significant shift in how budget estimates are traditionally made and aims to present a clearer picture of the financial landscape affected by these high-level decisions.

One of the critical aspects of this bill is the financial threshold set for these actions to be considered in budget calculations. The bill stipulates that any executive or judicial action with a budgetary effect of at least $50 billion over a decade must be accounted for. This amount sets a relatively high bar, which may exclude some actions that, while below this threshold, could still have meaningful financial implications. This threshold choice could face scrutiny, as it potentially ignores smaller, yet cumulatively impactful financial effects.

In addressing the issues raised, the phrase “to the extent practicable” within the bill introduces some vagueness. This could result in ambiguity about when the CBO must include executive and judicial actions in their financial assessments. This lack of clarity might lead to varied interpretations and inconsistent application, complicating compliance with the bill's intention.

Furthermore, the bill proposes including proposed executive actions as if they are final, which could be problematic. Since these proposals can evolve significantly during the legislative process, assuming them as final could lead to inaccurate budget projections. Misjudging financial commitments this way might also result in resource misallocation, raising significant political and financial concerns.

The bill references "scorekeeping guidelines," but how these guidelines integrate with the proposed changes is not well-defined. This lack of explanation might result in challenges when implementing the bill, as stakeholders seek to align existing practices with new requirements.

Therefore, while the bill seeks to enhance transparency and accuracy in the federal budget process, the specific financial references imply significant changes that require careful consideration and might provoke debate over their potential impacts on fiscal planning and policy-making.

Issues

  • The phrase 'to the extent practicable' in Section 2 introduces vagueness and may create ambiguity about the conditions under which executive and judicial actions must be included in baseline calculations. This ambiguity could affect compliance and interpretation of the bill, leading to inconsistent application. (Section 2)

  • Including proposed executive actions as if they are final in budget calculations could be problematic. Proposals can change significantly before finalization, and assuming them as final might lead to inaccurate budget forecasting and potential misallocation of resources. This could be politically and financially significant. (Section 2)

  • The threshold for including budgetary effects of actions is set at $50,000,000,000, which is a high bar that may exclude several actions with significant but smaller financial implications. This threshold could draw political criticism for potentially ignoring substantial budgetary impacts. (Section 2)

  • The relationship and consistency of the 'scorekeeping guidelines' referenced in the bill with the new requirements for including executive and judicial action effects are not clearly defined or explained. This lack of clarity could cause legal and administrative challenges in the implementation of the bill. (Section 2)

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act provides a short title and states that the Act is officially named the "Executive Action Cost Transparency Act".

2. Improving baseline data by including executive and judicial actions Read Opens in new tab

Summary AI

Section 2 of the bill proposes updates to the Balanced Budget and Emergency Deficit Control Act of 1985 by requiring that calculations and reports include the budgetary impact of executive and judicial actions, such as rules or executive orders, if they affect the budget by at least $50 billion over a specified period. It mandates that these actions be documented in a separate table in reports for clarity.

Money References

  • (b) Separate table in report.—Section 202(e)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 602) is amended by adding at the end the following: “To the extent practicable, the report and any update to the report shall include a table of any judicial action and any executive action described in section 257(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 that was issued on or after the last publication of the report or the most recent update to the report (as the case may be) if the Director estimates the judicial action or the executive action has budgetary effects of at least $50,000,000,000 during the current year, budget year, and the nine years following the budget year.