A Review of CBO's Activities in 2003 Under the Unfunded Mandates Reform Act |
April 2004 |
This report is the Congressional Budget Office's (CBO's) annual review of its activities under the Unfunded Mandates Reform Act of 1995. The report covers legislation before the Congress in 2003 that would impose federal mandates on state, local, or tribal governments or the private sector.
The report was prepared by Theresa Gullo, Chief of the State and Local Government Cost Estimates Unit of CBO's Budget Analysis Division, under the supervision of Robert Sunshine, and by Patrice Gordon, Chief of the Private-Sector Mandates Unit of CBO's Microeconomic and Financial Studies Division, under the supervision of Roger Hitchner. Many CBO staff members contributed to the analyses underlying this report; they are listed in Appendix C.
Christine Bogusz edited the paper, and John Skeen proofread it. Maureen Costantino took the cover photograph and designed the cover, Ernestine McNeil and Christian Spoor prepared the report for publication, and Annette Kalicki produced the electronic versions for CBO's Web site.
Douglas Holtz-Eakin
Director
April 2004
Tables |
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1. |
Number of CBO Mandate Statements for Bills, Proposed Amendments, and Conference Reports in 2003 |
2. |
Status of 2003 Mandates with Costs That Would Exceed the Statutory Thresholds or Whose Costs Could Not Be Determined to Exceed the Thresholds |
3. |
Laws Enacted in 2003 That Contained Intergovernmental Mandates |
4. |
Laws Enacted in 2003 That Contained Private-Sector Mandates |
5. |
Number of CBO Mandate Statements for Bills, Proposed Amendments, and Conference Reports, 1996 to 2003 |
B-1. |
Bills Reviewed by CBO in 2003 That Contained Intergovernmental Mandates |
B-2. |
Bills Reviewed by CBO in 2003 That Contained Private-Sector Mandates |
A Review of CBO's Activities in 2003 Under the Unfunded Mandates Reform Act |
The Unfunded Mandates Reform Act of 1995 (UMRA) was enacted with several goals:
- To identify and estimate the costs of federal mandates;
- To ensure that the Congress carefully weighs those costs before imposing them on state, local, and tribal governments or on the private sector; and
- To encourage the federal government to provide financial assistance for the costs of intergovernmental mandates.
To accomplish those goals, title I of UMRA established various procedures (such as points of order) to direct Congressional attention to the costs of federal mandates and to curb the practice of imposing mandates on other levels of government without paying for them.(1) UMRA defines a mandate as any provision in legislation, statute, or regulation that would impose an enforceable duty on state, local, or tribal governments or the private sector or that would reduce or eliminate the amount of funding authorized to cover the costs of existing mandates. Duties that arise as conditions of federal assistance or from participating in a voluntary federal program are not mandates. (The provisions of title I of UMRA are summarized in more detail in Appendix A.)
Title I requires that the Congressional Budget Office (CBO) provide mandate statements to the Congress for all public bills reported by authorizing committees and, on request, for other proposed bills and amendments. Mandate statements describe whether a bill contains federal mandates and, if so, whether the total cost of mandates in the bill amounts to more than the annual thresholds established by UMRA for intergovernmental and private-sector mandates. Those thresholds, which are adjusted annually for inflation, are $50 million for intergovernmental mandates and $100 million for private-sector mandates (in 1996 dollars). In 2003, the thresholds were $59 million and $117 million for intergovernmental and private-sector mandates, respectively.
This report is CBO's annual assessment of its activities under title I of UMRA during calendar year 2003--the eighth year since UMRA's enactment. The report catalogs the bills considered by the Congress last year that CBO determined contained federal mandates, lists those bills that contained mandates with costs above the statutory thresholds, and identifies mandates that were enacted into law. Finally, the report summarizes trends in federal mandates considered by the Congress over the past eight years.
Mandate Statements Prepared in 2003
In 2003, CBO reviewed more than 600 bills, amendments, and other legislative proposals to determine whether they contained federal mandates (see Table 1).(2) As in previous years, most of that legislation did not contain federal mandates as defined by UMRA. Eighty-six bills or other legislative proposals (14 percent) contained intergovernmental mandates, and 100 bills (16 percent) contained private-sector mandates. (Those bills and descriptions of their mandates are listed in Appendix B. A summary of CBO's mandate reviews since UMRA was enacted is presented later in this report.)
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Table 1.
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Number of CBO Mandate Statements for Bills, Proposed Amendments, and Conference Reports in 2003 |
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Intergovernmental Mandates |
Private-Sector Mandates |
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Total Number of Statements Transmitted |
615 |
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613 |
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Number of Statements That Identified Mandates |
86 |
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100 |
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Mandate costs would exceed thresholdsa |
7 |
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24 |
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Mandate costs could not be determined to exceed thresholdsa |
5 |
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18 |
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Mandates in 2003 with Costs Above the Statutory Thresholds
By CBO's estimate, most of the legislation in 2003 that contained mandates would not have imposed costs exceeding the thresholds set by UMRA. (That result is consistent with the pattern of previous years.) Only 8 percent of the bills or proposals (a total of seven) containing intergovernmental mandates would have cost state, local, and tribal governments, in aggregate, at least $59 million in any one year. Twenty-four percent of the bills with private-sector mandates (a total of 24 bills) would have imposed costs of more than $117 million in any one year. For 6 percent of the bills or proposals with intergovernmental mandates and 18 percent of the bills with private-sector mandates, CBO could not determine whether the thresholds were exceeded, either because the costs could not be estimated or because it was not clear what costs should count for that purpose (see the discussion in the next section).
Through committee action in both the House and Senate, the Congress may consider the same or similar mandates in more than one piece of legislation. Consequently, the number of different mandates included in legislation is smaller than the total number of mandates identified by CBO in the mandate statements that it prepared.
Intergovernmental Mandates
In the seven bills in 2003 with intergovernmental mandates whose costs were above the threshold, CBO identified three distinct mandates (see Table 2):
- A preemption of state taxes on health plans offering prescription drug coverage through the Medicare program (H.R. 1, S. 1);
- A preemption of state authority to tax certain Internet services and transactions (H.R. 49, S. 150); and
- A requirement that state and local governments increase the minimum wage paid to their employees (S. 224).
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Table 2.
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Status of 2003 Mandates with Costs That Would Exceed the Statutory Thresholds or Whose Costs Could Not Be Determined to Exceed the Thresholds |
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Topic |
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Mandate |
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Status at End of February 2004 |
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Intergovernmental Mandates with Costs That Would Exceed the Statutory Thresholda |
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Medicare Prescription Drug Coverage |
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Preempts state taxes on prescription drug coverage |
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Enacted in Public Law 108-173b(H.R. 1, S. 1) |
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Internet Tax |
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Preempts states' authority to tax certain Internet services and transactions |
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Passed by the House (H.R. 49); pending on the Senate calendar (S. 150) |
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Minimum Wage |
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Requires state and local governments to increase the minimum wage paid to their employees |
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Pending on the Senate calendar (S. 224) |
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Intergovernmental Mandates Whose Costs Could Not Be Determined to Exceed the Statutory Thresholda |
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Medicare Prescription Drug Coverage |
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Preempts state licensing authority |
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Enacted in Public Law 108-173b(H.R. 1, S. 1) |
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Medicare Regulatory and Contract Reform |
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Requires public entities to report certain health care information |
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Placed on the House calendar (H.R. 810) |
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Project BioShield |
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Requires public entities to keep records and make reports during declared emergencies |
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Placed on the Senate calendar (S. 15) |
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Public Safety Employer-Employee Cooperation |
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Preempts states' ability to regulate labor and public safety employees |
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Placed on the Senate calendar (S. 606) |
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Commerce in Arms |
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Prohibits government entities from filing lawsuits against gun manufacturers |
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Passed by the House (H.R. 1036); referred to the Senate Judiciary Committee |
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Private-Sector Mandates with Costs That Would Exceed the Statutory Thresholda |
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Anti-Tax-Shelter Provisions |
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Raises revenue through several tax provisions aimed at reducing tax shelters that are generally used by corporations |
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Placed on the House calendar and Senate calendar (H.R. 2896, S. 1637, S. 476) |
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Asbestos Compensation |
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Establishes new procedures for a cause of action in personal injury and wrongful death claims arising from asbestos exposure; requires individuals filing such claims to meet specified medical criteria |
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Placed on the Senate calendar (S. 1125); bill did not pass out of committee (S. 413) |
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Attorneys' Fees in Medical Malpractice Cases |
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Limits the size of fees that attorneys in medical malpractice cases may collect |
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Passed by the House (H.R. 5) |
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Bankruptcy Reform |
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Changes procedures for administering bankruptcy claims |
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Placed on the Senate calendar (H.R. 975) |
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Consumer Credit |
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Requires credit agencies to provide free credit reports and include certain features in consumer credit files; requires merchants to truncate account numbers on credit card receipts printed electronically; requires lenders to disclose credit scores when approving certain loan applications |
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Enacted in Public Law 108-159b(H.R. 2622, S. 1753) |
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Media Ownership |
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Imposes stricter market limits on the ownership of television stations, radio stations, and newspapers |
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A provision increasing the market limit on television ownership was enacted in Public Law 108-199c(S. 1046) |
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Medicare Prescription Drug Coverage |
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Prohibits private health insurers that offer supplemental medigap policies from offering policies that include prescription drug coverage to any Medicare beneficiary who enrolls in the new Part D program |
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Related provision enacted in Public Law 108-173b(S. 1) |
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Minimum Wage |
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Requires employers covered by the Fair Labor Standards Act to pay a higher minimum wage |
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Placed on the Senate calendar (S. 224) |
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Standards for Motor Fuels and Renewable Fuels and Emissions |
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Requires that gasoline sold in the United States contain a minimum volume of renewable fuels; imposes stricter limits on the emissions of VOCs in certain regions |
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Conference report agreed to in the Housed |
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Noise Disclosure by Lenders and Code-Sharing Arrangements |
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Requires lending institutions to ensure that a loan applicant's purchase agreement includes a notice that an airport is nearby if the residential real estate or the mobile home is located in the vicinity of an airport; requires that air carriers participate in code-sharing arrangements |
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Provision amended to delete mandate before bill was enacted as Public Law 108-176b(S. 824) |
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Patent and Trademark Fees |
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Establishes and increases fees for certain patent and trademark services |
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Placed on the House calendar (H.R. 1561) |
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Pediatric Drug Research |
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Requires drug manufacturers, at the request of the FDA, to conduct studies to determine the safety and efficacy of drugs and biological products for use in children and to develop appropriate formulations |
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Enacted in Public Law 108-155b(S. 650) |
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Prescription Drug Packaging |
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Requires manufacturers of prescription drugs to incorporate various counterfeit-resistant technologies in their packaging for all prescription drugs sold in the United States |
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Passed by the House (H.R. 2427) |
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Jobs and Growth Tax Relief Act |
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Raises revenue through several provisions that offset losses caused by other provisions in the law |
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Provisions from S. 2 and S. 1054 were incorporated in H.R. 2; the revenue-raising provisions were dropped from the conference report for H.R. 2, which became Public Law 108-27b |
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VA Recovery of Health Care Costs |
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Increases the ability of the Department of Veterans Affairs to collect reimbursement from third-party insurers for medical care provided to insured veterans and nonveterans at VA facilities |
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Placed on the House calendar (H.R. 1562) |
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Vesting of Pension Benefits |
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Imposes requirements on sponsors of certain defined-contribution pension plans for the vesting of employee pension benefits |
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Ordered reported by the House Committee on Ways and Means (H.R. 1776) |
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Private-Sector Mandates Whose Costs Could Not Be Determined to Exceed the Statutory Thresholda |
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Aviation Security |
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Imposes security requirements at aircraft repair stations |
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Enacted in Public Law 108-176b(H.R. 2144) |
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Civil Relief for Service Members |
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Provides for financial protection and temporary suspension of certain judicial proceedings for service members on active duty |
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Enacted in Public Law 108-189b(H.R. 100, S. 1136) |
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Customs User Fees |
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Extends the requirement to pay fees for customs services through March 1, 2005 |
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Enacted in Public Law 108-121b(H.R. 3365, H.R. 2896, S. 2, S. 1054, S. 1637) |
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Energy Conservation |
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Imposes energy conservation standards restricting standby-mode energy consumption of household appliances |
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Similar provisions in a conference report agreed to in the Housed |
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Electricity Regulation |
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Requires users of the bulk-power system to comply with new standards and pay regulatory fees to ensure the reliability of electricity |
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Similar provisions in a conference report agreed to in the Housed |
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Health Care Coding System |
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May raise the cost of the existing mandate on public and private health plans and providers regarding the coding system they must use to collect and report health data |
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Passed by the House (H.R. 1); placed on the House calendar (H.R. 810) |
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Health Insurance Coverage of Injuries |
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Prohibits group health plans and health insurance providers from denying benefits otherwise provided because of the source of the injury |
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Ordered to be reported by the Senate HELP Committee (S. 423) |
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MTBE Ban |
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Bans the use of MTBE (a fuel derived from methanol) in gasoline within four years of the bill's enactment while allowing states to authorize the use of MTBE |
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Similar provisions in a conference report agreed to in the Housed |
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Nuclear Security |
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Requires security upgrades and emergency response plans at nuclear facilities |
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Similar provisions in a conference report agreed to in the Housed |
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Product Identifiers for Drug Packaging |
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Requires manufacturers, packagers, and labelers to include a unique product identifier (for example, a bar code) on the packaging of drugs and biological products |
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Passed by the House (H.R. 663) |
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Project BioShield |
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Requires people who manufacture, distribute, prescribe, or administer medical products authorized for use in emergencies to maintain records on their safety and effectiveness during such emergencies |
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Placed on the Senate calendar (S. 15) |
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Protection of Commerce in Arms |
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Prohibits entities (public or private) from bringing a civil liability action against manufacturers, sellers, and trade associations arising from harm caused by the criminal or other unlawful misuse of any firearm or ammunition product by a third person |
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Passed by the House (H.R. 1036) |
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Sanctions Against Burma |
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Bans all imports from Burma and requires U.S. financial institutions holding Burmese assets belonging to the regime to freeze those assets |
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Enacted as Public Law 108-61b(H.R. 2330) |
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UHF Discount for Television Markets |
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Eliminates the 50 percent discount for UHF stations when calculating market share to measure compliance with the FCC's national ownership rules |
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Placed on the Senate calendar (S. 1264) |
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Vessel Requirements |
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Limits the number of hours individuals can work on some towing vessels |
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Passed by the House (H.R. 2443) |
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Private-Sector Mandates
In the 24 bills containing private-sector mandates with costs above the statutory threshold, CBO identified 16 separate mandates (see Table 2):
- Several tax provisions that would raise revenue by limiting the use of corporate tax shelters and making other changes to the taxation of business income (H.R. 2896, S. 1637, S. 476);
- New procedures and medical criteria to qualify for a cause of action in personal injury and wrongful death claims arising from asbestos exposure (S. 413, S. 1125);
- Limits on the size of fees that attorneys may receive in medical malpractice cases (H.R. 5);
- Changes in the procedures for administering bankruptcy claims (H.R. 975);
- New requirements for credit agencies, lenders, and merchants that print electronic credit card receipts regarding credit reports, disclosures to consumers, and protection against identity fraud (H.R. 2622, S. 1753);
- Stricter market limits on the ownership of television stations, radio stations, and newspapers (S. 1046);
- A prohibition on private health insurers that offer supplemental medigap policies preventing them from offering policies that include prescription drug coverage to any Medicare beneficiary who enrolls in the new Part D program (S. 1);
- An increase in the minimum wage (S. 224);
- New fuel-blend and emissions requirements for motor fuels sold in the United States (H.R. 6, H.R. 1644, S. 791);
- Requirements that lenders disclose to loan applicants if a residential property is close to an airport and that air carriers participate in code-sharing arrangements (S. 824);
- A net increase in patent and trademark fees (H.R. 1561);
- A requirement that drug manufacturers determine the safety and efficacy of drugs and biological products for use in children (S. 650);
- A requirement that drug manufacturers incorporate various counterfeit-resistant technologies in their packaging for all prescription drugs sold in the United States (H.R. 2427);
- Several tax provisions in the Jobs and Growth Tax Relief Reconciliation Act of 2003 that raise revenues (S. 2, S. 1054);(3)
- An increase in the ability of the Department of Veterans Affairs (VA) to collect reimbursement from third-party insurers for medical care provided at VA facilities (H.R. 1562); and
- New requirements on sponsors of certain defined-contribution pension plans regarding the vesting of employee pension benefits (H.R. 1776).
Mandates in 2003 Whose Costs Could Not Be Determined to Exceed the Statutory Thresholds
For some intergovernmental and private-sector mandates, CBO could not determine whether the thresholds would be exceeded. In a number of cases, uncertainty about the scope of the mandate or whom the bill's provisions would affect made it impossible to estimate the costs. Other cases involved the costs of extending an existing mandate. UMRA does not specify whether CBO should measure the change in the costs of extending a mandate relative to the current level of mandate costs or whether it should assume that the mandate would expire and measure the costs of its extension as if it were a new mandate. In the case of customs user fees, for example, the mandate's costs would be either zero or well above the threshold depending on the comparison used. For that reason, CBO did not state whether the direct costs of extending the expiring mandate did or did not exceed the UMRA threshold. As it has done in similar cases, CBO reported the bill's costs using both comparisons in order to ensure that lawmakers received as much information as possible about potential mandates.
Intergovernmental Mandates
CBO identified five mandates in 2003 for which it could not determine whether the costs exceeded the threshold (see Table 2):
- A preemption of state licensing requirements for prescription drug plans (H.R. 1, S.1);
- A requirement that public entities report certain health care information (H.R. 810);
- A requirement that public entities keep and report records during declared emergencies (S. 15);
- A preemption of states' ability to enter into labor contracts with public safety employees (S. 606); and
- A prohibition on civil actions against gun manufacturers for injury as a result of unlawful use of a firearm or ammunition (H.R. 1036).
Private-Sector Mandates
In 18 bills, CBO identified 15 separate private-sector mandates for which the agency could not determine whether the costs exceeded the threshold (see Table 2):
- New security requirements at aircraft repair stations (H.R. 2144);
- Provisions for financial protection and temporary suspension of certain judicial proceedings for members of the armed services on active duty (H.R. 100, S. 1136);
- An extension of the requirement to pay fees for customs services (H.R. 3365, H.R. 2896, S. 2, S. 1054, S. 1637);
- Stricter energy-conservation standards for household appliances (H.R. 1644, S. 14, S. 1005);
- New reliability standards and regulatory fees for users of the bulk-power system (H.R. 1644, S. 14, S. 1005);
- An increase in the cost of an existing mandate on public and private health plans to collect and report data using a new coding system (H.R. 1, H.R. 810);
- A prohibition on group health plans and health insurance providers against denying benefits otherwise provided because of the source of injury (S. 423);
- A federal ban on the use of MTBE (methyl tertiary butyl ether) in gasoline, which states would be able to override (S. 791);
- New requirements for security upgrades and emergency response plans at nuclear facilities (S. 156, S. 14, S. 1005, H.R. 1644);
- A requirement that drug producers include a unique product identifier on their packaging of drugs and biological products (H.R. 663);
- A requirement that people who manufacture, distribute, prescribe, or administer medical products authorized for use in emergencies maintain records on their safety and effectiveness during such emergencies (S. 15);
- A prohibition on civil actions against manufacturers for injury as a result of the unlawful use of a firearm or ammunition (H.R. 1036);
- A ban on imports from Burma (H.R. 2330);
- Stricter constraints on media market limits for owners of UHF (ultrahigh frequency) television stations (S. 1264); and
- A limit on the number of hours individuals can work on certain towing vessels (H.R. 2443).
Public Laws Enacted in 2003 That Contained Mandates
A total of 198 public laws were enacted in 2003. Of those, 16 contained one or more intergovernmental mandates as defined by UMRA, and 18 contained private-sector mandates.
Intergovernmental Mandates
By CBO's estimate, only one of the 16 intergovernmental mandates--a preemption of state taxes on insurance plans covering prescription drugs--will impose costs on state, local, or tribal governments that exceed the $59 million annual threshold (see Table 3). That preemption will result in revenue losses to states of about $70 million in 2006 (the first year in which the mandate is effective), CBO estimates, increasing to about $95 million in 2010.
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Table 3.
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Laws Enacted in 2003 That Contained Intergovernmental Mandates |
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Public Law Number |
Name |
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Mandate |
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Was the Mandate Reviewed by CBO? |
Do Costs Exceed the Threshold?a |
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108-7 |
Consolidated Appropriations for Fiscal Year 2003: |
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District of Columbia |
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Restricts the use of local funds by the District of Columbia as well as preemptions of local authority |
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No |
No |
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Interior |
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Restricts the use of land held in trust for the Huron Indian tribe |
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No |
No |
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Transportation |
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Requires two airports to transfer equipment to the FAA for them to maintain and operate |
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No |
No |
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Homeland Security |
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Prohibits courts from acting on claims or causes arising from a provision in the Homeland Security Act |
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No |
No |
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108-21 |
PROTECT Act |
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Expands the requirement for state and local law enforcement agencies to report missing children to a central data bank |
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Yes |
No |
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108-79 |
Prison Rape Elimination Act of 2003 |
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Requires state, local, or tribal governments and entities in the private sector, if subpoenaed, to attend and produce written or other matter at hearings conducted by the Review Panel on Prison Rape and the National Prison Rape Reduction Commission |
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Yes |
No |
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Directs the Attorney General to adopt national standards for the prevention of prison rape |
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Yes |
No |
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108-83 |
Legislative Branch Appropriations for Fiscal Year 2004 |
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Requires all states to allow members of the Capitol Police Board to practice in their courts |
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No |
No |
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108-100 |
Check Clearing for the 21st Century Act |
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Preempts state laws with respect to the Uniform Commercial Code |
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Yes |
No |
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108-133 |
District of Columbia Military Retirement Equity Act of 2003 |
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Requires the District of Columbia to increase retirement payments for some enrollees |
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Yes |
No |
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108-136 |
National Defense Authorization Act for Fiscal Year 2004 |
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Section 1707 prohibits state and local governments from charging fees to process naturalization applications for certain members of the armed services |
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No |
No |
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108-159 |
Fair and Accurate Credit Transactions Act of 2003 |
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Title I prohibits states from enacting laws that differ from federal laws in several areas of credit regulation |
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Yes |
No |
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108-164 |
Fairness to Contact Lens Consumers Act |
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Preempts state laws in five states and requires prescribers (some of which may be public entities) to provide prescriptions |
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Yes |
No |
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108-173 |
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 |
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Prohibits states from imposing taxes on premiums or similar payments made in association with prescription drug coverage |
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Yes |
Yes |
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Requires state health plans that provide prescription drug coverage to disclose whether their coverage is equivalent to the benefits outlined in the public law |
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Yes |
No |
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Waives state licensing requirements |
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Yes |
Cannot be estimated |
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Preempts state laws and regulations with respect to Medicare Advantage plans |
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Yes |
No |
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108-176 |
Vision 100-Century of Aviation Reauthorization Act |
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Requires airport operators to notify the FAA before closing an airport |
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Yes |
No |
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Preempts state firearms laws with a provision to arm cargo pilots |
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No |
No |
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108-177 |
Intelligence Authorization Act for Fiscal Year 2004 |
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Section 332 preempts states' power to regulate and restrict the possession and transportation of explosives
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Yes |
No |
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Section 341 extends for one year the National Commission for the Review of the Research and Development Programs of the U.S. Intelligence Community (that commission has the power to subpoena testimony and evidence, which is an enforceable duty) |
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Yes |
No |
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Preempts state laws related to tort liability and would limit the ability of state and local governments to seek damages against intelligence personnel who are authorized to carry firearms |
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Yes |
No |
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108-187 |
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 |
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Requires states to inform the Federal Trade Commission of any action falling under the purview of this bill; preempts state laws that regulate electronic commerce |
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Yes |
No |
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108-188 |
Compact of Free Association Amendments Act of 2003 |
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Prohibits states from taxing revenue generated by newly created trust funds |
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Yes |
No |
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108-189 |
Servicemembers Civil Relief Act |
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Prohibits states from considering military pay when calculating tax liability for service members stationed in states other than their state of residence |
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Yes |
No |
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108-198 |
Preserving Independence of Financial Institution Examinations Act of 2003 |
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Requires examiners, who may be appointed or elected at the state level, to follow certain rules or face criminal penalties |
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No |
No |
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CBO could not estimate the costs of one other intergovernmental mandate in a law that was enacted in 2003--a waiver, under certain circumstances, of state licensing requirements for prescription drug plans. That preemption probably will result in a loss of fees associated with those licenses, but CBO cannot estimate the magnitude of such losses because the agency has no basis for predicting how often waivers will be possible or granted.
Five of the laws enacted in 2003 (the Consolidated Appropriations Act for Fiscal Year 2003, the Legislative Branch Appropriations Act, the National Defense Authorization Act, the Vision 100-Century of Aviation Reauthorization Act, and the Preserving Independence of Financial Institution Examinations Act) contained intergovernmental mandates that were never reviewed by CBO. In two cases, the mandates were contained in appropriation bills, which are not subject to the review requirements of UMRA. In the other three cases, the mandates were added to the legislation after CBO's review (that is, after the bills were reported out of committee). None of those mandates, however, will impose significant costs on state, local, or tribal governments, by CBO's estimate.
Private-Sector Mandates
Of the 18 laws enacted in 2003 with private-sector mandates, two will impose costs on the private sector above UMRA's annual threshold, CBO estimates (see Table 4). The Pediatric Research Equity Act of 2003 authorizes the Food and Drug Administration to require drug manufacturers to assess the safety and efficacy of drugs and biological products for use in children and to establish dosing and administration protocols. Meeting such requirements could cost manufacturers about $150 million annually, CBO estimates. The Fair and Accurate Credit Transactions Act of 2003 requires credit agencies to provide free credit reports to consumers and to incorporate fraud alert features in consumer credit files; requires merchants to truncate credit card account numbers on receipts printed electronically; and requires lenders to disclose credit scores to applicants when approving certain loans. Compliance costs for those three requirements are estimated to amount to more than the statutory threshold annually.
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Table 4.
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Laws Enacted in 2003 That Contained Private-Sector Mandates |
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Public Law Number |
Name |
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Mandate |
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Was the Mandate Reviewed by CBO? |
Do Costs Exceed the Threshold?a |
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108-10 |
Do-Not-Call Implementation Act |
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Authorizes the Federal Trade Commission to collect fees from telemarketing firms |
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Yes |
No |
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108-19 |
Clean Diamond Trade Act |
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Prohibits the importation to and exportation from the United States of rough diamonds that have not been controlled through the Kimberley Process Certification Scheme |
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Yes |
No |
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108-21 |
PROTECT Act |
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Expands recordkeeping requirements for producers involved in commerce of certain sexually explicit material |
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Yes |
No |
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108-61 |
Burmese Freedom and Democracy Act of 2003 |
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Bans all imports from Burma |
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Yes |
Uncertain |
|
|
|
Requires U.S. financial institutions holding Burmese assets belonging to the regime to freeze those assets |
|
Yes |
No |
|
108-79 |
Prison Rape Elimination Act of 2003 |
|
Requires an entity, if subpoenaed, to attend and produce written or other matter at hearings coordinated by the Review Panel on Prison Rape and the National Prison Rape Reduction Commission |
|
Yes |
No |
|
108-105 |
Partial-Birth Abortion Ban Act of 2003 |
|
Prohibits physicians from performing "partial-birth abortions," except when necessary to save the life of a mother |
|
Yes |
No |
|
108-121 |
Military Family Tax Relief Act of 2003 |
|
Extends customs user fees |
|
Yes |
Extends a mandate with costs above the thresholdb |
|
108-130 |
Animal Drug User Fee Act of 2003 |
|
Requires manufacturers of new drugs for animals to pay certain fees to the Food and Drug Administration |
|
Yes |
No |
|
108-155 |
Pediatric Research Equity Act of 2003 |
|
Requires drug manufacturers to conduct studies to determine the safety and efficacy of new drugs and biological products for use in children |
|
Yes |
Yes |
|
|
|
|
Requires drug manufacturers to develop appropriate formulations of those drugs for each pediatric age group |
|
Yes |
No |
|
108-159 |
Fair and Accurate Credit Transactions Act of 2003 |
|
Requires credit agencies to provide free credit reports at the request of an individual and requires credit agencies to incorporate certain fraud alerts and blocks in consumer credit files |
|
Yes |
Noc |
|
|
|
|
Requires merchants to truncate credit card account numbers on receipts printed electronically |
|
Yes |
Noc |
|
|
|
|
Requires lenders to disclose credit scores when approving certain loans |
|
Yes |
Noc |
|
108-164 |
Fairness to Contact Lens Consumers Act |
|
Requires prescribers of contact lenses to provide patients with a free copy of their prescription and to comply with verification procedures |
|
Yes |
No |
|
|
|
|
Requires sellers of contact lenses to verify certain prescriptions and keep records of the verification |
|
Yes |
No |
|
108-173 |
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 |
|
Prohibits insurers from offering existing types of coverage that include prescription drugs to any Medicare beneficiary who is not already enrolled in one of those plans by 2006 |
|
Yes |
No |
|
|
|
|
Requires insurers who sell medigap policies that do not contain prescription drug coverage to make those policies available to certain beneficiaries who enroll in the new Part D program |
|
Yes |
No |
|
|
|
|
Requires generic and brand-name drug manufacturers that enter into certain agreements related to generic drugs for which a paragraph IV certification under the Food, Drug, and Cosmetic Act has been filed to submit those agreements to the Federal Trade Commission |
|
Yes |
No |
|
108-175 |
Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 |
|
Bans the exportation of certain dual-use (commercial and military) items to Syria |
|
Yes |
No |
|
108-176 |
Vision 100-Century of Aviation Reauthorization Act |
|
Requires essential air service providers to trace changes in their service |
|
Yes |
No |
|
|
|
|
Authorizes the Secretary of Transportation to require air carriers to participate in multiple code-sharing arrangements under a pilot program |
|
Yes |
Uncertain |
|
|
|
|
Requires certain domestic and foreign air carriers to update their current plans that address the needs of the families of passengers involved in an aircraft accident resulting in a major loss |
|
Yes |
No |
|
|
|
|
Requires owners of foreign and domestic aircraft repair stations to comply with new security measures |
|
Yes |
Uncertain |
|
|
|
|
Requires air carriers that collect a passenger facility fee for airports to segregate that money |
|
Yes |
No |
|
|
|
|
Requires air carriers that provide scheduled passenger air transportation to display a placard that informs each passenger of the country in which the aircraft was finally assembled |
|
Yes |
No |
|
|
|
|
Extends the current requirement that air carriers honor other air carriers' tickets as a result of an air carrier's bankruptcy or insolvency |
|
Yes |
No |
|
108-187 |
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 |
|
Requires senders of commercial electronic mail (e-mail) to include certain information within their messages, including a valid return e-mail address, an accurate subject heading, and a valid physical postal address and to identify their messages as unsolicited commercial e-mail (UCE) |
|
Yes |
No |
|
|
|
|
Requires senders of UCE to provide the recipients of their messages with an option to discontinue receiving UCE and to notify recipients of that option |
|
Yes |
No |
|
|
|
|
Requires that senders of UCE keep their e-mail address functioning for at least 30 days after the transmission of UCE |
|
Yes |
No |
|
108-189 |
Servicemembers Civil Relief Act |
|
Increases the number of cases in which a landlord who wishes to evict a tenant who is an active-duty service member for nonpayment of rent is required to obtain a court order authorizing the eviction |
|
Yes |
No |
|
|
|
|
Provides that certain service members on active duty can terminate an existing lease for a motor vehicle upon written notice to the lessor |
|
Yes |
Uncertain |
|
|
|
|
Precludes the use of a service member's personal assets to satisfy the member's trade or business liability while he or she is on active duty |
|
Yes |
Uncertain |
|
108-191 |
Captive Wildlife Safety Act |
|
Prohibits the import, export, transport, selling, receiving, acquiring, or purchase of any species of lion, tiger, leopard, cheetah, jaguar, cougar, and certain hybrids |
|
Yes |
No |
|
108-197 |
Mental Health Parity Reauthorization Act of 2003 |
|
Extends the mandate requiring private group health plans and health insurance issuers to cover mental health and medical benefits equally |
|
Nod |
Extends a mandate with costs that are above the thresholdb |
|
|
In addition, two of the laws enacted in 2003 will extend mandates that were set to expire, both with costs well above the threshold. The Military Family Tax Relief Act of 2003 extends customs user fees that will bring in collections of more than $1 billion over a two-year period. The Mental Health Parity Reauthorization Act of 2003 extends the mandate requiring private group health plans and issuers of health insurance to cover certain aspects of mental health and medical benefits equally. CBO did not review the health-parity mandate before its passage because the legislation containing the mandate was not considered by an authorizing committee. CBO has reviewed a similar mandate in previous years, however, and found the costs to be in the hundreds of millions of dollars per year.
Most of the mandates in public laws enacted in 2003 have costs estimated to be below the threshold for private-sector mandates. CBO could not estimate compliance costs for three mandates--a ban on imports from Burma, security requirements at aircraft repair stations and requirements that air carriers participate in code-sharing arrangements, and provisions that protect a service member's assets from debt collection while the service member is on active duty.
Mandate Statements Prepared Since UMRA Went into Effect
In general, the patterns for intergovernmental and private-sector mandates have been consistent since UMRA went into effect. Most of the legislation that the Congress considered between 1996 and 2003 did not contain federal mandates as UMRA defines them. Of the more than 4,700 bills and other legislative proposals that CBO reviewed during that period, about 12 percent (551 bills) contained intergovernmental mandates and 14 percent (661 bills) contained private-sector mandates (see Table 5).
|
|
|
|
|
|
|
|
|
|
|
Table 5.
|
Number of CBO Mandate Statements for Bills, Proposed Amendments, and Conference Reports, 1996 to 2003 |
|
|
1996a |
1997 |
1998 |
1999 |
2000 |
2001 |
2002 |
2003 |
Total, 1996- 2003 |
|
Intergovernmental Mandates |
|
Total Number of Statements Transmitted |
718 |
521 |
541 |
573 |
706 |
389 |
649 |
615 |
4,712 |
|
Number of Statements That Identified Mandates |
69 |
64 |
64 |
81 |
77 |
50 |
60 |
86 |
551 |
|
Mandate costs would exceed thresholdb |
11 |
8 |
6 |
4 |
3 |
4 |
6 |
7 |
49 |
|
Mandate costs could not be determined to exceed thresholdb |
6 |
7 |
7 |
0 |
1 |
3 |
5 |
5 |
34 |
|
Private-Sector Mandates |
|
Total Number of Statements Transmitted |
673 |
498 |
525 |
556 |
697 |
389 |
645 |
613 |
4,596 |
|
Number of Statements That Identified Mandates |
91 |
65 |
75 |
105 |
86 |
66 |
73 |
100 |
661 |
|
Mandate costs would exceed thresholdb |
38 |
18 |
18 |
20 |
6 |
18 |
19 |
24 |
161 |
|
Mandate costs could not be determined to exceed thresholdb |
2 |
5 |
9 |
13 |
7 |
8 |
14 |
18 |
76 |
|
|
Most mandates examined by CBO would not have imposed costs greater than the thresholds set by UMRA. Only 49 bills, or 1 percent of all bills reviewed, had intergovernmental mandates with annual costs (in 1996 dollars) of $50 million or more, by CBO's estimate. About 160 bills, or 4 percent of the bills reviewed over the eight-year period, had private-sector mandates costing more than $100 million a year. The proportion of bills with mandate costs that exceed the UMRA thresholds has varied over the past eight years. In the case of intergovernmental mandates, the share with costs above the statutory threshold has averaged about 9 percent, ranging from a high of 16 percent in 1996 to a low of about 4 percent in 2000. For private-sector mandates, the share with costs above the statutory threshold has averaged about 24 percent over the period, ranging from a high of 42 percent in 1996 to a low of about 7 percent in 2000.
The Limited Scope of UMRA
The statistics presented in this report should be viewed in light of the fact that UMRA omits certain types of requirements from its provisions. For example, conditions for obtaining federal grants are generally not considered to be mandates, and certain types of provisions are specifically excluded from UMRA's requirements.
Grant Conditions
According to UMRA, the conditions attached to most forms of federal assistance (including most grant programs) are not mandates. Yet complying with such conditions of aid can sometimes be costly. States often consider new conditions on existing grant programs to be duties not unlike mandates. The two most often cited examples of such conditions are the requirements for receiving federal funding under the No Child Left Behind Act and the Individuals with Disabilities Education Act. Those laws require school districts to undertake many activities including, respectively, designing and implementing statewide achievement tests and preparing individualized education plans for disabled children. Such requirements, which are potentially costly for state and local governments, are clearly conditions for receiving federal assistance and thus are not considered mandates under UMRA. That federal assistance is substantial, however; the federal government appropriated about $34 billion in 2004 for elementary and secondary education programs, most of which was authorized under those two laws.
Over the past eight years, CBO identified more than 600 bills that would impose those types of requirements on state, local, or tribal governments. In most cases, however, CBO estimated that such associated costs would not be significant or would be covered by the federal funding authorized in the bills.
Exclusions
UMRA does not apply to legislative provisions that cover constitutional rights, discrimination, emergency aid, accounting and auditing procedures for grants, national security, treaty ratification, and title II of Social Security (Old-Age, Survivors, and Disability Insurance benefits). About 2 percent of the bills that CBO reviewed in the past eight years contained provisions that fit within those exclusions. Many of the excluded provisions related to national security or Social Security and generally did not contain costly mandates. Yet some of the excluded provisions (for example, the election reform bills enacted in 2001, which concerned the constitutional right of citizens to vote) imposed costly requirements on state and local entities; because of the scope of UMRA's exclusions, CBO did not estimate those costs as part of its review, and the requirements were not subject to the point of order established by that law.
Appendix A: Key Provisions in Title I of the Unfunded Mandates Reform Act |
Title I of the Unfunded Mandates Reform Act of 1995 (UMRA) attempts to ensure that the Congress has more information about the potential direct costs of federal mandates before enacting legislation. UMRA requires the Congressional Budget Office (CBO) and authorizing committees in the Congress to develop and report information about the existence and costs of mandates in proposed legislation. The act also establishes mechanisms to bring that information to the attention of the Congress before legislation is considered on the floor of the House or Senate.
Defining Mandates and Their Costs
Under UMRA, a mandate is any provision in legislation, statute, or regulation that would impose an enforceable duty on state, local, or tribal governments or the private sector, or that would reduce or eliminate the amount of funding authorized to cover the costs of existing mandates. Duties that are imposed as a condition of federal assistance or that arise from participation in a voluntary federal program are not mandates. In the case of some large entitlement programs under which $500 million or more is provided annually to state, local, or tribal governments, a new condition on, or a reduction in, federal assistance would be a mandate only if states lacked the flexibility to offset the new costs or the loss of federal funding with reductions elsewhere in the program.
Also excluded from UMRA's procedures are legislative provisions that concern constitutional rights, discrimination, emergency aid, accounting and auditing procedures for grants, national security, treaty ratification, and title II of Social Security (Old-Age, Survivors, and Disability Insurance benefits).
Direct costs are defined in the law as amounts that mandated entities--governmental or private-sector--would be required to spend to comply with the enforceable duty, including amounts that states, localities, and tribes "would be prohibited from raising in revenues." Direct costs exclude amounts that mandated entities would spend to comply with applicable laws, regulations, or professional standards in effect when the federal mandate is adopted. In addition, direct costs must be offset by direct savings to the mandated entities that would result from compliance with the mandate or savings from other provisions of the same legislation that govern the same activity as is affected by the mandate.
Mandate Cost Statements: CBO's Role
UMRA requires the Congressional Budget Office to provide statements to Congressional authorizing committees about whether reported bills contain federal mandates. If the total direct costs of all mandates in a bill are above a specified threshold in any of the first five fiscal years in which the mandate is effective, CBO must provide an estimate of those costs (if feasible) and the basis of its estimate. The statutory thresholds are $50 million for intergovernmental mandates and $100 million for private-sector mandates (in 1996 dollars), adjusted annually for inflation.
CBO's statement must also include an assessment of whether the bill authorizes or otherwise provides funding to cover the costs of any new federal mandate. In the case of intergovernmental mandates, the cost statement must, under certain circumstances, estimate the appropriations needed to fund such authorizations for up to 10 years after the mandate takes effect.
Authorizing committees must publish CBO's mandate statements in their reports or in the Congressional Record before a bill is considered on the floor of the House or Senate. Conference committees must "to the greatest extent practicable" ensure that CBO prepares statements for conference agreements or amended bills if they contain mandates not previously considered by either House or if they impose greater direct costs than the version considered earlier. At the request of a Senator, CBO must estimate the costs of intergovernmental mandates contained in an amendment the Senator may wish to offer.
The Congress may also call on CBO to prepare analyses at other stages of the legislative process. If asked by the Chairman or Ranking Member of a committee, CBO will help that committee analyze the impact of proposed legislation, conduct special studies of legislative proposals, or compare a federal agency's estimate of the costs of proposed regulations to implement a federal mandate with CBO's estimate made when the law was enacted.
Enforcement Mechanisms
Section 425 of UMRA sets out rules for both the House and Senate that prohibit consideration of legislation unless certain conditions are met. For all reported legislation, consideration is not "in order" unless the committee has published a CBO mandate statement. That is, UMRA prohibits the consideration of a reported bill unless the committee has published a CBO statement about the costs of any mandates.
For reported legislation that contains intergovernmental mandates with direct costs above the threshold, the rules preclude consideration unless the legislation provides direct spending authority or authorizes appropriations sufficient to cover those costs. An authorization of appropriations will not be sufficient unless the authorized amounts are specified for each year (up to 10 years) after the effective date and the legislation provides a way to terminate or scale back the mandate if the federal agency determines that the appropriated funds are not sufficient to cover those costs.
Finally, although UMRA does not specifically require CBO to analyze the cost of mandates in appropriation bills, considering legislative provisions in such bills--or amendments to them--that increase the direct costs of intergovernmental mandates is not in order unless an appropriate CBO mandate statement is available.
Those rules are not self-enforcing, however; a Member must raise a point of order to enforce them. In the House, if a Member raises a point of order, the full House votes on whether to consider the bill regardless of whether there is a violation. In the Senate, if a point of order is raised, the bill may not be considered unless either the Senate waives the point of order or the chair of the Senate overrules it.
Appendix B: Bills in 2003 That Contained Mandates |
This appendix lists legislation reviewed by the Congressional Budget Office (CBO) in 2003 that would impose federal mandates, regardless of whether the estimated costs of those mandates would be more or less than the thresholds and regardless of whether the legislation was enacted. Table B-1 lists bills (in numerical order) that CBO identified as having intergovernmental mandates; the list includes various versions of the same bill if that bill was considered by more than committee. Table B-2 provides the same information for bills with private-sector mandates.
|
|
|
|
|
Table B-1.
|
Bills Reviewed by CBO in 2003 That Contained Intergovernmental Mandates |
|
Bill Number (Committee) |
|
Name |
|
Mandate |
|
Intergovernmental Mandates with Costs Above the Statutory Thresholda |
|
H.R. 1 (As passed) |
|
Medicare Prescription Drug and Modernization Act of 2003 |
|
Preempts state taxes on premiums for prescription drug coverage; preempts state licensing authorityb |
|
H.R. 49 |
|
Internet Tax Nondiscrimination Act |
|
Preempts state taxing authority and extends a current mandate |
|
S. 1 (Senate Finance) |
|
Prescription Drug and Medicare Improvement Act of 2003 |
|
Preempts premium taxes and other lower- cost mandates |
|
S. 1 (As passed) |
|
Prescription Drug and Medicare Improvement Act of 2003 |
|
Preempts state taxes on premiums for prescription drug coverage; requires states to facilitate background checks for employees at nursing facilities; extends responsibility for paying health expenses of people with end-stage renal disease |
|
S. 150 |
|
Internet Tax Nondiscrimination Act |
|
Preempts state taxing authority and extends a current mandate |
|
S. 150 (Follow-up letter) |
|
Internet Tax Nondiscrimination Act |
|
Preempts state taxing authority and extends a current mandate |
|
S. 224 |
|
Fair Minimum Wage Act of 2003 |
|
Requires state and local governments to increase the minimum wage paid to their employees |
|
Intergovernmental Mandates with Costs Below the Statutory Thresholda |
|
H.R. 4 |
|
Personal Responsibility and Individual Development for Everyone Act |
|
Reduces the amount states may retain from child support collections; preempts privacy laws and liability laws |
|
H.R. 5 (Commerce) |
|
Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003 |
|
Preempts some state liability laws as they apply to health care providers and organizations |
|
H.R. 5 (Judiciary) |
|
Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003 |
|
Preempts some state liability laws as they apply to health care providers and organizations |
|
H.R. 6 |
|
A bill to enhance energy conservation and research and development, to provide for security and diversity in the energy supply for the American people, and for other purposes |
|
Requires electric utilities to follow reliability standards; requires security upgrades at nuclear plants; limits state authority over electric utilities and motor fuel manufacturers |
|
H.R. 100 |
|
Servicemembers Civil Relief Act |
|
Preempts states from considering nonresident military pay when calculating state income tax liability |
|
H.R. 238 |
|
Energy Research, Demonstration, and Commercial Application Act of 2003 |
|
Increases NRC fees on licenses to offset new regulatory responsibilities |
|
H.R. 522 |
|
Federal Deposit Insurance Reform Act of 2003 |
|
Preempts New York state law from limiting thrifts from accepting municipal deposits |
|
H.R. 534 |
|
Human Cloning Prohibition Act of 2003 |
|
Prohibits public and private entities from engaging in or aiding human cloning, including the shipment and receipt of embryos for cloning |
|
H.R. 660 |
|
Small Business Health Fairness Act of 2003 |
|
Preempts premium taxes on certain health plans but allows taxes on new plans authorized by the bill |
|
H.R. 663 |
|
Patient Safety and Quality Improvement Act |
|
Preempts state freedom of information laws (or similar statutes); prohibits health care providers from taking certain actions against their employees |
|
H.R. 743 |
|
Social Security Protection Act of 2003 |
|
Preempts state privacy laws and taxes on the Railroad Retirement Trust |
|
H.R. 874 |
|
Rail Passenger Disaster Family Assistance Act of 2003 |
|
Prohibits states from blocking assistance from the NTSB to families involved in rail accidents; provides certain liability protection to rail carriers |
|
H.R. 877 |
|
Patient Safety Improvement Act of 2003 |
|
Preempts state freedom of information laws (or similar statutes) |
|
H.R. 975 |
|
Bankruptcy Abuse Prevention and Consumer Protection Act of 2003 |
|
Preempts state laws governing contacts between a debt-relief agency and a debtor |
|
H.R. 982 (House Judiciary) |
|
A bill to clarify the tax treatment of bonds and other obligations issued by the government of American Samoa |
|
Exempts interest on bonds issued by American Samoa from state, local, or territorial taxes |
|
H.R. 982 (House Resources) |
|
A bill to clarify the tax treatment of bonds and other obligations issued by the government of American Samoa |
|
Exempts interest on bonds issued by American Samoa from state, local, or territorial taxes |
|
H.R. 1086 (House Judiciary) |
|
Standards Development Organization Advancement Act of 2003 |
|
Expands the scope of an existing mandate; limits recovery of damages by states |
|
H.R. 1086 (Senate Judiciary) |
|
Standards Development Organization Advancement Act of 2003 |
|
Expands the scope of an existing mandate; limits recovery of damages by states |
|
H.R. 1104 |
|
Child Abduction Prevention Act |
|
Expands an existing mandate for law-enforcement agencies to report cases of missing children up to the age of 21 (the current law specifies 18) |
|
H.R. 1375 (House Judiciary) |
|
Financial Services Regulatory Relief Act of 2003 |
|
Preempts state regulation of certain financial institutions |
|
H.R. 1375 (House Financial Services) |
|
Financial Services Regulatory Relief Act of 2003 |
|
Preempts state regulation of certain financial institutions |
|
H.R. 1417 |
|
Copyright Royalty and Distribution Reform Act of 2003 |
|
Establishes new subpoena provisions that states must follow |
|
H.R. 1474 |
|
Check Clearing for the 21st Century Act |
|
Preempts state laws that require original checks |
|
H.R. 1562 |
|
Veterans Health Care Cost Recovery Act of 2003 |
|
Gives the VA authority to recover expenses from third parties, including public entities, for the care of nonveterans and to recover full amounts for the care of insured veterans |
|
H.R. 1588 |
|
National Defense Authorization Act for Fiscal Year 2004 |
|
Prohibits states from reducing certain pension benefits for certain older Americans hired by the Secretary of Defense |
|
H.R. 1644 |
|
Energy Policy Act of 2003 |
|
Requires electric utilities to follow reliability standards; requires security upgrades at nuclear plants; limits state authority over electric utilities and motor fuel manufacturers |
|
H.R. 1707 |
|
Prison Rape Reduction Act of 2003 |
|
Would require state, local, and tribal entities to comply with the requirements of subpoenas for information related to prison rape |
|
H.R. 1829 |
|
Federal Prison Industries Competition in Contracting Act of 2003 |
|
Requires certification for work programs on state and local prisons that provide services in interstate commerce |
|
H.R. 1836 |
|
Civil Service and National Security Personnel Improvement Act |
|
Prohibits states from reducing retirement benefits in certain cases |
|
H.R. 1954 (House Judiciary) |
|
Armed Forces Naturalization Act of 2003 |
|
Prohibits courts from charging fees for the naturalization process for certain alien personnel in the armed services |
|
H.R. 1954 (Senate Judiciary) |
|
Armed Forces Naturalization Act of 2003 |
|
Prohibits courts from charging fees for the naturalization process for certain alien personnel in the armed services |
|
H.R. 2115 |
|
Flight 100-Century of Aviation Reauthorization Act |
|
Requires public agencies to notify the FAA within 30 days if they intend to close an airport |
|
H.R. 2120 |
|
Financial Contracts Bankruptcy Reform Act of 2003 |
|
Preempts state laws regarding banking (see also H.R. 975, title IX) |
|
H.R. 2144 |
|
Aviation Security Technical Corrections and Improvements Act of 2003 |
|
Requires airports to provide space to the TSA, without cost, for explosive-detection equipment; preempts state firearms laws |
|
H.R. 2417 |
|
Intelligence Authorization Act for Fiscal Year 2004 |
|
Preempts state and local laws regarding the dissemination and transmission of explosives; extends a national commission and its subpoena power |
|
H.R. 2443 |
|
Coast Guard Authorization Act of 2003 |
|
Requires certain public and private vessels to install electronic charting equipment |
|
H.R. 2622 |
|
Fair and Accurate Credit Transactions Act of 2003 |
|
Prohibits and preempts some states from regulating credit reporting |
|
H.R. 2844 |
|
Continuity in Representation Act of 2003 |
|
Requires states to change laws dealing with special elections |
|
H.R. 3054 |
|
District of Columbia Military Retirement Equity Act of 2003 |
|
Requires the District of Columbia to increase retirement payments for some former employees |
|
H.R. 3140 |
|
Fairness to Contact Lens Consumers Act |
|
Preempts state laws regulating prescriptions |
|
H.R. 3143 |
|
International Consumer Protection Act of 2003 |
|
Preempts various state liability and disclosure laws |
|
H.J. Res. 63 (House Judiciary) |
|
Compact of Free Association Amendments Act of 2003 |
|
Requires states to treat trust funds as a nonprofit entity |
|
H.J. Res. 63 (House Resources) |
|
Compact of Free Association Amendments Act of 2003 |
|
Requires states to treat trust funds as a nonprofit entity |
|
S. ____ |
|
Draft language to increase the active-duty end strength of the Army by 10,000 military personnel |
|
Increases costs of existing mandates, including deferrals in state and local taxes |
|
S. 14 |
|
Energy Policy Act of 2003 |
|
Requires electric utilities to follow reliability standards; requires security upgrades at nuclear plants; limits state authority over electric utilities and motor fuel manufacturers |
|
S. 156 |
|
Price-Anderson Amendments Act of 2003 |
|
Increases the fees that nuclear plants pay for government insurance and background checks; requires an official to get prior approval to make an arrest; requires plants to upgrade security |
|
S. 165 |
|
Air Cargo Security Improvement Act |
|
Preempts state firearms laws by deputizing cargo pilots |
|
S. 195 |
|
Underground Storage Tank Compliance Act of 2003 |
|
Requires states to report their own tanks that are out of compliance and to implement a training strategy for operators |
|
S. 253 |
|
Law Enforcement Officers Safety Act of 2003 |
|
Preempts state and local concealed-weapon laws |
|
S. 275 |
|
Professional Boxing Amendments Act of 2003 |
|
Places health, safety, and reporting requirements on Boxing Commissions |
|
S. 413 |
|
Asbestos Claims Criteria and Compensation Act of 2003 |
|
Preempts states' statutes of limitations and civil procedures as they relate to asbestos liability |
|
S. 616 |
|
Mercury Reduction Act of 2003 |
|
Prohibits sale of mercury thermometers over the counter; affects public hospitals |
|
S. 627 |
|
Unlawful Internet Gambling Funding Prohibition Act |
|
Preempts states' ability to regulate Internet gambling |
|
S. 702 |
|
Native Hawaiian Health Care Improvement Reauthorization Act of 2003 |
|
Requires the state to consult with health organizations before making policy changes |
|
S. 720 |
|
Patient Safety and Quality Improvement Act of 2003 |
|
Preempts state freedom of information laws |
|
S. 733 |
|
Coast Guard Authorization Act of 2003 |
|
Extends preemption of state tax laws to activities not related to the Coast Guard |
|
S. 791 |
|
Reliable Fuels Act |
|
Preempts state liability laws regarding gasoline with renewable content |
|
S. 877 |
|
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 |
|
Preempts state and local laws that regulate electronic mail to send commercial messages |
|
S. 1005 |
|
Energy Policy Act of 2003 |
|
Requires electric utilities to follow reliability standards; requires security upgrades at nuclear plants; limits state authority over electric utilities and motor fuel manufacturers |
|
S. 1025 (Senate Intelligence) |
|
Intelligence Authorization Act for Fiscal Year 2004 |
|
Extends subpoena power |
|
S. 1025 (Senate Armed Services) |
|
Intelligence Authorization Act for Fiscal Year 2004 |
|
Extends subpoena power |
|
S. 1043 |
|
Nuclear Infrastructure Security Act of 2003 |
|
Increases the fees that nuclear plants pay for security inspections and background checks; requires upgraded security at certain plants |
|
S. 1053 |
|
Genetic Information Nondiscrimination Act of 2003 |
|
Preempts some state laws governing confidentiality and restricts the use of genetic information |
|
S. 1125 |
|
Fairness in Asbestos Injury Resolution Act of 2003 (FAIR Act of 2003) |
|
Preempts state laws pertaining to asbestos; prevents state courts from ruling on asbestos cases |
|
S. 1136 |
|
Servicemembers Civil Relief Act |
|
Prohibits states from considering nonresident military pay when calculating state income tax liability |
|
S. 1177 |
|
Prevent All Cigarette Trafficking Act (PACT Act) |
|
Increases reporting and recordkeeping requirements for tobacco sellers (tribes) |
|
S. 1234 |
|
Federal Trade Commission Reauthorization Act of 2003 |
|
Preempts laws related to third-party notification and liability |
|
S. 1264 |
|
FCC Reauthorization Act |
|
Preempts state laws related to bankruptcies by holders of spectrum licenses |
|
S. 1334 |
|
Check Truncation Act of 2003 |
|
Preempts state law, including Uniform Commercial Code, to the extent such laws require depository institutions to present original checks during the check-clearing process |
|
S. 1402 |
|
Federal Railroad Safety Improvement Act |
|
Requires states to report highway-rail crossing data to a national inventory |
|
S. 1601 |
|
Indian Child Protection and Family Violence Prevention Reauthorization Act of 2003 |
|
Requires additional reporting of child abuse on Indian lands |
|
S. 1743 |
|
Private Security Officer Employment Authorization Act of 2003 |
|
Requires states to coordinate background checks |
|
S. 1753 |
|
National Consumer Credit Reporting System Improvement Act of 2003 |
|
Preempts state laws that regulate credit reporting |
|
S.J. Res. 16 |
|
Compact of Free Association Amendments Act of 2003 |
|
Preempts state taxing authority |
|
Intergovernmental Mandates Whose Costs Could Not Be Determined to Exceed the Statutory Thresholda |
|
H.R. 810 (House Energy and Commerce) |
|
Medicare Regulatory and Contracting Reform Act of 2003 |
|
Requires public entities to report certain health care information |
|
H.R. 810 (House Ways and Means) |
|
Medicare Regulatory and Contracting Reform Act of 2003 |
|
Requires public entities to report certain health care information |
|
H.R. 1036 |
|
Protection of Lawful Commerce in Arms Act |
|
Prohibits government entities from filing lawsuits against gun manufacturers |
|
S. 15 |
|
Biodefense Improvement and Treatment for America Act |
|
Requires public entities to keep and report records during declared emergencies |
|
S. 606 |
|
Public Safety Employer-Employee Cooperation Act of 2003 |
|
Preempts states' ability to regulate labor and public safety employees |
|
|
|
|
|
|
|
Table B-2.
|
Bills Reviewed by CBO in 2003 That Contained Private-Sector Mandates |
|
Bill Number (Committee) |
|
Name |
|
Mandate |
|
Private-Sector Mandates with Costs Above the Statutory Thresholda |
|
H.R. 5 (House Judiciary) |
|
Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003 |
|
Limits the size of fees that attorneys in malpractice cases may collect |
|
H.R. 5 (House Energy and Commerce) |
|
Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2003 |
|
Limits the size of fees that attorneys in malpractice cases may collect |
|
H.R. 6 |
|
A bill to enhance energy conservation and research and development, to provide for security and diversity in the energy supply for the American people, and for other purposes |
|
Imposes several requirements on the energy sector--the most costly mandate requires a minimum volume of renewable fuels in motor gasoline sold in the United States |
|
H.R. 975 |
|
Bankruptcy Abuse Prevention and Consumer Protection Act of 2003 |
|
Requires bankruptcy attorneys to ensure that the information in documents they submit to the court or to the bankruptcy trustee is factual; requires that certain notices be provided to debtors and that credit-card companies provide certain disclosures to customers and to potential customers in Internet-based solicitations |
|
H.R. 1561 |
|
United States Patent and Trademark Fee Modernization Act of 2003 |
|
Establishes and increases certain fees for patent and trademark applicants |
|
H.R. 1562 |
|
Veterans Health Care Cost Recovery Act of 2003 |
|
Increases the authority of the VA to collect reimbursement from third-party insurers for medical care provided at VA facilities |
|
H.R. 1644 |
|
Energy Policy Act of 2003 |
|
Imposes several new requirements on the energy sector--requires a minimum volume of renewable fuels in motor gasoline; applies stricter limits on the emissions of VOCs in certain regions; requires security upgrades at nuclear facilities; imposes reliability standards on users of the power grid; requires new energy conservation standards for the standby mode of appliances |
|
H.R. 1776 |
|
Pension Preservation and Savings Expansion Act of 2003 |
|
Imposes requirements on sponsors of certain defined-contribution pension plans regarding the vesting of pension benefits for employees |
|
H.R. 2427 |
|
Pharmaceutical Market Access Act of 2003 |
|
Requires manufacturers of prescription drugs to incorporate counterfeit-resistant technologies in the packaging of both imported and nonimported drugs |
|
H.R. 2622 |
|
Fair and Accurate Credit Transactions Act of 2003 |
|
Requires credit agencies to provide free credit reports at the request of an individual; requires merchants to truncate credit card account numbers on receipts printed electronically; requires lenders to disclose credit scores when approving certain loans; requires credit agencies to incorporate certain fraud alerts and blocks in consumer credit files |
|
H.R. 2896 |
|
American Jobs Creation Act of 2003 |
|
Imposes various revenue-raising tax provisions; extends customs user fees |
|
S. 1 (As passed) |
|
Prescription Drug and Medicare Improvement Act of 2003 |
|
Imposes several mandates, including new requirements on private-sector health insurers that offer medigap policies to Medicare beneficiaries; prohibits insurers from offering policies that include prescription drug coverage to any Medicare beneficiary who enrolls in the new Part D program |
|
S. 2 |
|
Jobs and Growth Tax Act of 2003 |
|
Imposes various revenue-raising tax provisions; extends customs user fees |
|
S. 224 |
|
Fair Minimum Wage Act of 2003 |
|
Requires employers to increase the minimum wage paid to their employees |
|
S. 413 |
|
Asbestos Claims Criteria and Compensation Act of 2003 |
|
Establishes medical criteria for a civil cause of action in personal injury and wrongful death claims arising from asbestos exposure |
|
S. 476 |
|
CARE Act of 2003 |
|
Imposes various revenue-raising tax provisions |
|
S. 650 |
|
Pediatric Research Equity Act of 2003 |
|
Authorizes the FDA to require drug manufacturers to assess the safety and effectiveness of drugs and biological products for use in children and to establish dosing and administration protocols |
|
S. 791 |
|
Reliable Fuels Act |
|
Imposes several requirements on the motor fuels sector--a renewable fuels standard, an MTBE ban, stricter VOC standards for some regions; shields motor fuel manufacturers and other people from liability for a defect in design or manufacture of a motor vehicle fuel containing renewable fuels |
|
S. 824 |
|
Aviation Investment and Revitalization Vision Act |
|
Requires certain lending institutions to ensure that a loan applicant's purchase agreement includes a notice indicating if the residential real estate or the mobile home is located in the vicinity of an airport; imposes new requirements on air carriers for the purpose of improving service |
|
S. 1046 |
|
Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003 |
|
Repeals certain media ownership regulations, resulting in stricter ownership limits in markets for owners of radio stations, television stations, and newspapers |
|
S. 1054 |
|
Jobs and Growth Tax Relief Reconciliation Act of 2003 |
|
Imposes various revenue-raising tax provisions; extends customs user fees |
|
S. 1125 |
|
Fairness in Asbestos Injury Resolution Act of 2003 |
|
Prohibits an individual from bringing or maintaining a civil action alleging injury from asbestos exposure; requires defendant companies and their insurers to pay an annual assessment to the Asbestos Fund; requires asbestos trusts to turn over assets to the government |
|
S. 1637 |
|
Jumpstart Our Business Strength (JOBS) Act |
|
Imposes various revenue-raising tax provisions; extends customs user fees |
|
S. 1753 |
|
National Consumer Credit Reporting System Improvement Act of 2003 |
|
Requires credit agencies to provide free credit reports at the request of an individual; requires merchants to truncate credit card account numbers on receipts printed electronically; requires lenders to disclose credit scores when approving certain loans; requires credit agencies to incorporate certain fraud alerts and blocks in consumer credit files; requires additional notifications and disclosures to consumers |
|
Private-Sector Mandates with Costs Below the Statutory Thresholda |
|
H.R. 4 (Senate Finance) |
|
Personal Responsibility and Individual Development for Everyone Act |
|
Requires gambling establishments to withhold certain gambling winnings from individuals who owe past-due child support, to notify those individuals, and to transfer the amount withheld to a federal agency |
|
H.R. 21 (House Financial Services) |
|
Unlawful Internet Gambling Funding Prohibition Act |
|
Prohibits any person engaged in the business of betting or wagering to knowingly accept certain financial instruments in connection with unlawful Internet gambling (pertains only to illegal Internet gambling) |
|
H.R. 21 (House Judiciary) |
|
Unlawful Internet Gambling Funding Prohibition Act |
|
Prohibits any person engaged in the business of betting or wagering to knowingly accept certain financial instruments in connection with unlawful Internet gambling (pertains only to illegal Internet gambling) |
|
H.R. 100 |
|
Servicemembers Civil Relief Act |
|
Increases the number of cases in which a landlord who wishes to evict an active-duty tenant or his or her dependents for nonpayment of rent is required to obtain a court order authorizing the eviction |
|
H.R. 238 |
|
Energy Research, Development, Demonstration, and Commercial Application Act of 2003 |
|
Effectively increases fees for NRC licensees to cover the cost of additional regulation |
|
H.R. 361 (House Energy and Commerce) |
|
Sports Agent Responsibility and Trust Act |
|
Imposes new restrictions and notification requirements on sports agents and student athletes when negotiating or entering into an agency contract |
|
H.R. 361 (Judiciary) |
|
Sports Agent Responsibility and Trust Act |
|
Imposes new restrictions and notification requirements on sports agents and student athletes when negotiating or entering into an agency contract |
|
H.R. 395 |
|
Do-Not-Call Implementation Act |
|
Grants the FTC the authority to impose fees on telemarketers to establish a national "do-not-call" registry |
|
H.R. 522 |
|
Federal Deposit Insurance Reform Act of 2003 |
|
Increases deposit insurance premiums for depository institutions; prohibits banks, savings associations, and credit unions that are not well capitalized from accepting employee benefit plan deposits |
|
H.R. 534 |
|
Human Cloning Prohibition Act of 2003 |
|
Prohibits any person or entity from performing or attempting to perform human cloning, participating in the human cloning process, or shipping or importing an embryo produced by human cloning |
|
H.R. 743 (House Ways and Means) |
|
Social Security Protection Act of 2003 |
|
Prohibits entities from charging a fee for certain products and services that are available for free from SSA; imposes a processing charge on private attorneys to whom SSA would disburse fees related to their representation of successful SSI claimants |
|
H.R. 743 (Senate Finance) |
|
Social Security Protection Act of 2003 |
|
Prohibits entities from charging a fee for certain products and services that are available for free from SSA |
|
H.R. 760 |
|
Partial-Birth Abortion Ban Act of 2003 |
|
Bans most instances of a late-term abortion procedure known as partial-birth abortion |
|
H.R. 874 |
|
Rail Passenger Disaster Family Assistance Act of 2003 |
|
Expands the NTSB's family assistance program to cover catastrophic rail accidents; requires rail carriers to submit a plan addressing the needs of families of passengers; prohibits "unsolicited communication" between lawyers and the victims or their families soon after the accident |
|
H.R. 878 |
|
Armed Forces Tax Fairness Act of 2003 |
|
Imposes a marked-to-market tax on individuals who expatriate |
|
H.R. 1000 |
|
Pension Security Act of 2003 |
|
Imposes requirements on sponsors, administrators, and fiduciaries of private pension plans |
|
H.R. 1006 |
|
Captive Wildlife Safety Act |
|
Prohibits, with certain exemptions, the import, export, transport, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any live lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of a lion and tiger species |
|
H.R. 1260 |
|
Animal Drug User Fee Act of 2003 |
|
Requires manufacturers of new drugs for animals to pay application fees, product fees, establishment fees, and drug-sponsor fees to the FDA |
|
H.R. 1375 (House Financial Services) |
|
Financial Services Regulatory Relief Act of 2003 |
|
Expands the authority of the FDIC over certain insured depositories and companies that control insured depositories; prohibits the participation in the affairs of financial institutions of people convicted of certain crimes; imposes additional reporting requirements on FHLBs |
|
H.R. 1375 (House Judiciary) |
|
Financial Services Regulatory Relief Act of 2003 |
|
Expands the authority of the FDIC over certain insured depositories and companies that control insured depositories; prohibits the participation in the affairs of financial institutions of people convicted of certain crimes; imposes additional reporting requirements on FHLBs |
|
H.R. 1417 |
|
Copyright Royalty and Distribution Reform Act of 2003 |
|
Requires entities in the private sector, if subpoenaed by the Copyright Royalty Judges, to appear or provide evidence |
|
H.R. 1529 |
|
Involuntary Bankruptcy Improvement Act of 2003 |
|
Gives federal bankruptcy judges the authority to prohibit consumer reporting agencies from issuing a report containing any information relating to certain involuntary bankruptcy petitions the court has dismissed |
|
H.R. 1531 |
|
Energy Tax Policy Act of 2003 |
|
Modifies the tax treatment of inversion transactions for expatriating entities; denies tax benefits of corporate inversion transactions, effectively imposing a moratorium on such transactions |
|
H.R. 1707 |
|
Prison Rape Reduction Act of 2003 |
|
Requires entities in the private sector, if subpoenaed, to attend and produce written or other matter at hearings conducted by the Review Panel on Prison Rape and the National Prison Rape Reduction Commission |
|
H.R. 1828 |
|
Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 |
|
Prohibits the export to Syria of items on either the U.S. munitions control list or the commercial control list (the export of items on the munitions list to Syria is already banned, but dual-use items are currently exported to Syria) |
|
H.R. 2115 |
|
Flight 100-Century of Aviation Reauthorization Act |
|
Requires that certain domestic and foreign air carriers update their current plans that address the needs of the families of passengers involved in an accident resulting in a major loss; extends the current requirement that air carriers honor other air carriers' tickets under certain circumstances as a result of an air carrier's bankruptcy or insolvency |
|
H.R. 2143 |
|
Unlawful Internet Gambling Funding Prohibition Act |
|
Requires creditors, credit card issuers, and financial institutions to establish policies and procedures to identify, block, and prevent transactions in connection with unlawful gambling |
|
H.R. 2417 |
|
Intelligence Authorization Act for Fiscal Year 2004 |
|
Extends a national commission and its subpoena power; expands the definition of "financial institution" in the Right to Financial Privacy Act to make new institutions subject to reporting; protects certain personnel in the CIA and the NSA from tort liability |
|
H.R. 2420 |
|
Mutual Funds Integrity and Fee Transparency Act of 2003 |
|
Imposes new reporting, disclosure, and recordkeeping requirements on mutual fund companies |
|
H.R. 2572 |
|
Amtrak Reauthorization Act of 2003 |
|
Requires Amtrak to submit an annual business plan and bimonthly supplemental reports |
|
H.R. 2620 (House International Relations) |
|
Trafficking Victims Protection Reauthorization Act of 2003 |
|
Requires airlines to develop and disseminate materials alerting travelers that sex tourism is illegal |
|
H.R. 2620 (House Judiciary) |
|
Trafficking Victims Protection Reauthorization Act of 2003 |
|
Requires airlines to develop and disseminate materials alerting travelers that sex tourism is illegal |
|
H.R. 3108 |
|
Pension Funding Equity Act of 2003 |
|
Makes changes to ERISA to temporarily alter existing private-sector mandates related to the funding of private defined-benefit pension plans |
|
H.R. 3140 |
|
Fairness to Contact Lens Consumers Act |
|
Requires prescribers of contact lenses to provide patients with a copy of their prescription and to comply with verification procedures; requires sellers of contact lenses to verify certain prescriptions and keep records of the verification |
|
H.R. 3143 |
|
International Consumer Protection Act of 2003 |
|
Exempts entities from liability for providing information to the FTC about possibly unfair or deceptive acts or practices of third parties |
|
S.____ |
|
Draft language to increase the active-duty end strength of the Army by 10,000 military personnel |
|
Increases the cost of existing mandates that require creditors to reduce the interest rate on service members' obligations; allows the courts to temporarily stay certain civil proceedings, such as evictions, foreclosures, and repossessions |
|
S. 151 |
|
PROTECT Act |
|
Expands the recordkeeping requirements of producers involved in the commerce of certain sexually explicit material to include collecting information about performers portrayed in a computer-generated image, digital image, or picture |
|
S. 165 |
|
Air Cargo Security Improvement Act |
|
Requires air carriers that operate all-cargo aircraft to establish and implement a security plan; requires flight-training facilities to submit information on foreign candidates requesting initial training on any aircraft |
|
S. 269 |
|
Captive Wildlife Safety Act |
|
Prohibits, with certain exemptions, the import, export, transport, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any live lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of a lion and tiger species |
|
S. 274 |
|
Class Action Fairness Act of 2003 |
|
Requires any notice concerning a proposed settlement of a class action provided to the class members contain specific information; requires defendants participating in a proposed class action settlement to make certain notifications and disclosures to the appropriate state official of each state in which a class member resides and the appropriate federal official within 10 days after a proposed settlement is filed in court |
|
S. 275 |
|
Professional Boxing Amendments Act of 2003 |
|
Requires boxers, managers, promoters, and sanctioning organizations to be licensed by the U.S. Boxing Association established in the bill and to meet certain uniform standards addressing the health and safety of boxers; requires standard clauses for contracts |
|
S. 313 |
|
Animal Drug User Fee Act of 2003 |
|
Requires manufacturers of new drugs for animals to pay application fees, product fees, establishment fees, and drug-sponsor fees to the FDA |
|
S. 606 |
|
Public Safety Employer-Employee Cooperation Act of 2003 |
|
Prohibits public safety officers and labor organizations from engaging in sick-outs, work slowdowns, strikes, or any other action designed to compel an employer to agree with terms of a proposed contract |
|
S. 616 |
|
Mercury Reduction Act of 2003 |
|
Prohibits the sale or supply of mercury fever thermometers, except by prescription, in which case the manufacturer of the thermometer would be required to provide clear instructions on handling and cleanup in case of breakage |
|
S. 627 |
|
Internet Gambling Funding Prohibition Act |
|
Prohibits any person engaged in the business of betting or wagering to knowingly accept certain financial tools in connection with Internet gambling (the prohibition would exempt Indian gaming and live dog and horse betting) |
|
S. 720 |
|
Patient Safety and Quality Improvement Act of 2003 |
|
Prohibits health care providers from using the fact that an employee reported patient safety data in an adverse employment action against the employee |
|
S. 733 |
|
Coast Guard Authorization Act of 2003 |
|
Prohibits the use of electronic or other devices on the bridge of a vessel that interfere with communications and navigation equipment; requires entities that charter vessels engaged in commercial trade and fishing along the coast to submit evidence of their qualifications; requires owners and operators of nontank and tank vessels to submit a plan to respond to a worst-case discharge or threat of such discharge |
|
S. 760 |
|
Clean Diamond Trade Act |
|
Prohibits the importation to and exportation from the United States of any rough diamonds that have not been controlled through the Kimberley Process Certification Scheme |
|
S. 877 |
|
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 |
|
Regulates interstate commerce by imposing limitations on the transmission of unsolicited commercial electronic mail via the Internet |
|
S. 1025 (Senate Committee on Intelligence) |
|
Intelligence Authorization Act for Fiscal Year 2004 |
|
Amends the Right to Financial Privacy Act to make new institutions subject to reporting; protects certain personnel in the CIA and the NSA from tort liability |
|
S. 1025 (Senate Armed Services) |
|
Intelligence Authorization Act for Fiscal Year 2004 |
|
Extends a national commission and its subpoena power; amends the Right to Financial Privacy Act to make new institutions subject to reporting; protects certain personnel in the CIA and the NSA from tort liability |
|
S. 1053 |
|
Genetic Information Nondiscrimination Act of 2003 |
|
Prohibits the use of genetic information by employers in employment decisions and by health insurers and health plans in making enrollment determinations and setting insurance premiums |
|
S. 1149 |
|
Energy Tax Incentives Act of 2003 |
|
Imposes provisions that change the alternative tax for individuals who expatriate; imposes an excise tax on stock compensation of insiders of inverted corporations; imposes an excise tax on vaccines against hepatitis A |
|
S. 1177 |
|
Prevent All Cigarette Trafficking Act (PACT Act) |
|
Imposes requirements regarding reporting, shipping, recordkeeping, and tax collection on sellers of tobacco products; prohibits businesses from selling certain cigarettes in interstate commerce that are not in full compliance with the terms of the tobacco settlement agreement between states and tobacco manufacturers and sellers; prohibits the mailing of tobacco products through the U.S. Postal Service |
|
S. 1234 |
|
Federal Trade Commission Reauthorization Act of 2003 |
|
Exempts from liability those entities that provide certain information on third parties to the FTC; limits the ability of a third party to sue under current law |
|
S. 1402 |
|
Federal Railroad Safety Improvement Act |
|
Requires railroad carriers to provide information on highway-railroad crossings to the federal government and to notify communities of runaway trains in their paths |
|
S. 1404 |
|
United States Olympic Committee Reform Act |
|
Requires the USOC to restructure its board of directors, add several advisory committees, and provide whistleblower procedures and protections; requires the USOC to provide a detailed report of its operations every two years to the President and the Congress; requires the USOC to establish an ethics policy that includes publishing in advance transparent and objective criteria to be used in selecting a U.S. city to bid for Olympic games |
|
S. 2005 |
|
Pension Stability Act |
|
Makes changes to ERISA that would temporarily alter existing private-sector mandates related to the funding of private defined-benefit pension plans |
|
Private-Sector Mandates Whose Costs Could Not Be Determined to Exceed the Statutory Thresholda |
|
H.R. 1 |
|
Medicare Prescription Drug and Modernization Act of 2003 |
|
Imposes new requirements on private-sector health insurers that offer medigap policies to Medicare beneficiaries; may increase the cost of an existing mandate on health plans and providers regarding the collection and reporting of health care data |
|
H.R. 663 |
|
Patient Safety and Quality Improvement Act |
|
Requires manufacturers, packagers, and labelers to include a computer-scannable unique product identifier on the packaging of drugs and biological products; prohibits health care providers from using the fact that an employee reported patient safety data in an adverse employment action against the employee |
|
H.R. 810 (House Energy and Commerce) |
|
Medicare Regulatory and Contracting Reform Act of 2003 |
|
May increase the cost of the existing mandate on public and private health plans and providers regarding the coding system they must use to collect and report health data |
|
H.R. 810 (House Ways and Means) |
|
Medicare Regulatory and Contracting Reform Act of 2003 |
|
May increase the cost of the existing mandate on public and private health plans and providers regarding the coding system they must use to collect and report health data |
|
H.R. 1036 |
|
Protection of Lawful Commerce in Arms Act |
|
Prohibits the bringing of a civil liability action against manufacturers, sellers, and trade associations from harm caused by the criminal or other unlawful misuse of any firearm or ammunition product by a third person |
|
H.R. 2144 |
|
Aviation Security Technical Corrections and Improvements Act of 2003 |
|
Imposes security requirements at aircraft repair stations |
|
H.R. 2330 (House International Relations) |
|
Burmese Freedom and Democracy Act of 2003 |
|
Bans all imports from Burma; requires U.S. financial institutions holding Burmese assets belonging to the regime to report to OFAC and freeze those assets |
|
H.R. 2330 (House Judiciary) |
|
Burmese Freedom and Democracy Act of 2003 |
|
Bans all imports from Burma; requires U.S. financial institutions holding Burmese assets belonging to the regime to report to OFAC and freeze those assets |
|
H.R. 2443 |
|
Coast Guard and Maritime Transportation Act of 2003 |
|
Requires charterers to submit reports, nontank vessels to submit oil spill response plans, and vessels to include electronic charts in their identification systems; limits the hours individuals can work on some towing vessels |
|
S. 1 (Finance) |
|
Prescription Drug and Medicare Improvement Act of 2003 |
|
Imposes several mandates, including requirements on health insurers regarding supplemental insurance policies, on health plans and health care providers regarding the electronic transmission of prescription information, and on payers of customs user fees |
|
S. 14 |
|
Energy Policy Act of 2003 |
|
Imposes several new requirements on the energy sector--requires mandatory reliability standards for users of the bulk-power system; imposes mandatory assessments and regulatory fees; increases the retrospective premium for nuclear facilities; imposes energy conservation standards restricting standby-mode energy consumption of household appliances |
|
S. 15 |
|
Project BioShield Act of 2003 |
|
Requires people who manufacture, distribute, prescribe, or administer medical products authorized for use in emergencies to maintain records on their safety and effectiveness during such emergencies |
|
S. 156 |
|
Price-Anderson Amendments Act of 2003 |
|
Requires designated nuclear facilities to revise their security plans and emergency response plans; raises facilities' annual and retrospective premiums in the event of a nuclear incident; requires fingerprinting as part of background checks of individuals connected with nuclear facilities |
|
S. 423 |
|
HIPAA Recreational Injury Technical Correction Act |
|
Requires that group health plans and health insurance providers not deny benefits otherwise provided because of the source of injury |
|
S. 1005 |
|
Energy Policy Act of 2003 |
|
Imposes several new requirements on the energy sector--requires mandatory reliability standards for users of the bulk-power system; imposes mandatory assessments and regulatory fees; increases the retrospective premium for nuclear facilities; imposes energy conservation standards restricting standby-mode energy consumption of household appliances |
|
S. 1043 |
|
Nuclear Infrastructure Security Act of 2003 |
|
Establishes several new security programs designed to protect the nation's nuclear infrastructure; increases NRC fees and requires new security procedures at certain nuclear facilities |
|
S. 1136 |
|
Servicemembers Civil Relief Act |
|
Increases the number of cases in which a landlord who wishes to evict a tenant who is an active-duty service member or his or her dependents for nonpayment of rent is required to obtain a court order authorizing the eviction; allows a service member with six months of service to terminate an existing lease for a motor vehicle on written notice to the lessor; precludes the use of a service member's personal assets to satisfy the member's trade or business liability while he or she is in military service |
|
S. 1264 |
|
FCC Reauthorization Act of 2003 |
|
Reinstates video description rules for some broadcast stations; eliminates the 50 percent discount for UHF stations when calculating market share to measure compliance with the FCC's national ownership rules |
|
|
Appendix C: Contributors to CBO's Analyses of Mandates |
The following Congressional Budget Office (CBO) analysts prepare the mandate statements that CBO produces for bills and other legislative proposals:
Intergovernmental Mandates
Budget Analysis Division
Theresa Gullo |
Unit Chief, State and Local Government Cost Estimates |
Leo Lex |
Health, human resources, income security, Social Security |
Melissa Merrell |
Administration of justice, community development, disaster relief, national security, veterans' affairs |
Marjorie Miller |
Agriculture, natural resources, Indian affairs, water resources |
Sarah Puro |
Commerce, education, housing, training, employment, governmental affairs |
Gregory Waring |
Transportation, general science, space and technology, energy, environment |
Ernestine McNeil |
Secretarial support |
Private-Sector Mandates
Microeconomic and Financial Studies Division
Patrice Gordon |
Unit Chief, Private-Sector Mandates |
Selena Caldera |
Energy, natural resources, international affairs, trade |
Paige Piper/Bach |
Financial services, governmental affairs, international affairs, justice |
Jean Talarico |
Agriculture, commerce, transportation, general science |
Rae Roy |
Secretarial support |
Health and Human Resources Division
Bruce Vavrichek |
Deputy Assistant Director |
Nabeel Alsalam |
Education, labor |
David Auerbach |
Health |
Colin Baker |
Health |
James Baumgardner |
Health |
Anna Cook |
Health |
Meenakshi Fernandes |
Health, income security |
Stuart Hagen |
Health |
Samuel Kina |
Health |
Robert Nguyen |
Health |
Ralph Smith |
Labor, income security |
Daniel Wilmoth |
Labor, health |
Judith Cromwell |
Secretarial support |
Ronald Moore |
Secretarial support |
National Security Division
Chad Goldberg |
Coordinator, Department of Defense and veterans' issues |
Allison Percy |
Backup coordinator |
Cynthia Cleveland |
Secretarial support |
Tax Analysis Division
Mark Booth |
Unit Chief, Revenue estimating |
Annabelle Bartsch |
Revenues |
Office of the General Counsel
Robert Murphy |
General Counsel |
Jennifer Smith |
Deputy General Counsel |
1. |
Costs imposed on state, local, and tribal governments and the private sector are generally not highlighted in other parts of the federal budget process. |
2. |
The Congressional Budget and Impoundment Control Act of 1974 requires that CBO use revenue estimates produced by the Joint Committee on Taxation (JCT) for all revenue legislation considered by the House or Senate. The JCT also examines legislative provisions that affect the tax code for federal mandates and estimates their costs. Such information is incorporated in CBO's mandate statements. |
3. |
The committee versions of S. 2 and S. 1054 contained mandates. The mandates were dropped when S. 1054 was incorporated into H.R. 2. H.R. 2, the House version of the Jobs and Growth Tax Relief Reconciliation Act of 2003, contained no private-sector mandates. |
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