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CBO
REPORT

A Review of CBO's Activities in 2002 Under the Unfunded Mandates Reform Act
May 2003







                
Preface

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 2002 that would impose federal mandates on other levels of government 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.

Christian Spoor edited the report, and Leah Mazade proofread it. Ernestine McNeil prepared the tables, Lenny Skutnik produced the printed copies, and Annette Kalicki prepared the electronic versions of the report for CBO's Web site.

Douglas Holtz-Eakin
Director
May 2003




CONTENTS


Mandate Statements Prepared in 2002
      Intergovernmental Mandates with Costs Above the Statutory Threshold
      Private-Sector Mandates with Costs Above the Statutory Threshold
 
Public Laws in 2002 That Contained Mandates
 
Mandate Statements Prepared Since UMRA Went Into Effect
 
Appendix A
Key Provisions in Title I of the Unfunded Mandates Reform Act

Appendix B
List of Bills in 2002 That Contained Mandates

Appendix C
Primary Contributors to CBO's Analyses of Mandates



Tables
   
1.  Number of CBO Mandate Statements for Bills, Proposed Amendments, and Conference Reports in 2002
2.  Status of 2002 Mandates That Would Exceed the Statutory Thresholds
3.  Laws Enacted in 2002 That Contained Intergovernmental Mandates
4.  Laws Enacted in 2002 That Contained Private-Sector Mandates
5.  Number of CBO Mandate Statements for Bills, Proposed Amendments, and Conference Reports, 1996-2002
B-1.  Bills Reviewed by CBO in 2002 That Contained Intergovernmental Mandates
B-2.  Bills Reviewed by CBO in 2002 That Contained Private-Sector Mandates





                
A Review of CBO's Activities in 2002
Under the Unfunded Mandates Reform Act

Through laws and subsequent regulations, the federal government frequently requires state, local, and tribal governments and various private parties to expend resources to achieve certain goals. In many cases, those resources are not counted in the federal budget.(1) The Unfunded Mandates Reform Act of 1995 (UMRA) was enacted to focus more attention on the costs of such federal mandates. In particular, UMRA was intended to ensure that the Congress carefully weighed those costs before imposing mandates on other levels of government or the private sector and to encourage the federal government to provide financial assistance for the costs of intergovernmental mandates. To accomplish those goals, the law established a variety of procedural requirements (which are summarized in Appendix A).

One major provision in title I of UMRA requires the Congressional Budget Office (CBO) to inform Congressional committees about federal mandates in legislation. CBO must analyze all public bills that are reported by authorizing committees--and, on request, other legislative proposals--for the presence of such mandates. The law 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. Duties that arise as a condition of federal assistance or from participation in a voluntary federal program are not considered mandates.

Title I of UMRA also requires CBO to estimate the costs of federal legislation that would impose mandates on public- or private-sector entities. The agency must provide a detailed cost estimate for each bill that contains mandates whose total costs to other levels of government would be $50 million or more in any one year or whose total costs to the private sector would be $100 million or more in a year. (Those thresholds are in 1996 dollars and are adjusted annually for inflation. In 2002, they were $58 million for intergovernmental mandates and $115 million for private-sector mandates.)

This report summarizes CBO's activities under title I of UMRA during calendar year 2002 and updates data provided in the agency's six previous annual reports on that law.(2) It identifies which legislation before the Congress in 2002 would have imposed federal mandates on another level of government or the private sector. It also lists the bills examined by CBO last year that were found to contain mandates with costs above the relevant thresholds and notes which of those mandates were enacted into law. The report also shows trends in federal mandates considered by the Congress during the first seven years that UMRA has been in effect.
 

Mandate Statements Prepared in 2002

In 2002, CBO analyzed nearly 650 bills, amendments, and other legislative proposals for the presence of federal mandates and transmitted official statements about them to the Congress (see Table 1). As in the previous six years, most of that legislation did not contain federal mandates as defined by UMRA. Just 60 bills or other legislative proposals (9 percent) contained intergovernmental mandates in 2002, and 73 (11 percent) contained private-sector mandates. (Those bills and their mandates are listed in Appendix B.)
           
Table 1.
Number of CBO Mandate Statements for Bills, Proposed Amendments, and Conference Reports in 2002

  Intergovernmental
Mandates
Private-Sector
Mandates

Total Number of Statements Transmitted 649   645  
 
Number of Statements That Identified Mandates 60   73  
  Mandate costs would exceed thresholda 6   19  
  Mandate costs could not be estimated 5   14  

Source: Congressional Budget Office.
Note: The numbers in this table represent official mandate statements transmitted to the Congress by CBO. The Unfunded Mandates Reform Act requires CBO to complete mandate statements for every bill and joint resolution of a public character reported by an authorizing committee. The law also requires CBO to review amendments and other legislative proposals when requested. CBO prepared a number of preliminary reviews and informal estimates for other legislative proposals that are not included in this table. Mandate statements may cover more than one mandate. Also, because the same mandate sometimes appears in multiple bills, a single mandate may be addressed in more than one CBO statement.
a. The thresholds, which are adjusted annually for inflation, were $58 million for intergovernmental mandates and $115 million for private-sector mandates in 2002.

About half of the legislation with intergovernmental mandates that CBO identified in 2002 consisted of explicit preemptions of state or local authority.(3) In most of those cases, the estimated costs to comply with the preemptions were not significant.

In fact, most of the legislation that contained mandates would not have imposed costs exceeding the thresholds set by UMRA. Only six (10 percent) of the bills with intergovernmental mandates would have cost state, local, and tribal governments as a whole at least $58 million in any year, by CBO's estimate. Nineteen (26 percent) of the bills with private-sector mandates would have imposed costs of more than $115 million in any one year.

Intergovernmental Mandates with Costs Above the Statutory Threshold

Because CBO prepares mandate statements for every public bill reported by a House or Senate authorizing committee, and because both bodies may consider the same or similar mandates in more than one piece of legislation, the number of separate mandates included in legislation is smaller than the total number of mandate statements that CBO prepared. The six statements that CBO provided in 2002 for proposed legislation containing intergovernmental mandates above the cost threshold actually identified five distinct mandates (see Table 2):
       
Table 2.
Status of 2002 Mandates That Would Exceed the Statutory Thresholds

Topic Mandate Was a Version
Enacted into Law?
Did the Enacted
Version Exceed
the Threshold?

Intergovernmental Mandates with Costs Above the Statutory Thresholda
 
Clean Power Requires public power plants to comply with new emission controls No n.a.
 
Gambling Reform Prohibits interstate transmission of certain gaming wagers and the operation of some linked games by Indian tribes No n.a.
 
Medicare Modernization and Prescription Drugs Preempts state premium taxes and disclosure regulations that affect health plans No n.a.
 
Minimum Wage Requires state and local governments as employers to pay a higher minimum wage No n.a.
 
Social Security Number Protection Prohibits display of Social Security numbers on certain public documents No n.a.
 
Private-Sector Mandates with Costs Above the Statutory Thresholda
 
Attorney Fees in Malpractice Cases Limits the size of the awards that attorneys may receive in medical malpractice cases No n.a.
 
Child Passenger Protection Requires a lap- and shoulder-belt harness in the center-rear seating position of automobiles Yes
(P.L. 107-318)b
Yes
 
Clean Power Limits emissions of carbon dioxide, sulfur dioxide, and nitrogen oxide from large electricity generators; requires coal-fired facilities to reduce mercury emissions; eliminates current exemptions for certain coal-fired facilities from adopting BACT No n.a.
 
Consumer Notification of Adverse Credit Information Requires depository institutions to notify customers of information furnished to a consumer reporting agency that may adversely affect the customers' interests No n.a.
 
Country-of-Origin Labeling Requires notification and labels on certain foods indicating their country of origin Yes
(P.L. 107-171)b
Yes
 
Federal Deposit Insurance Reform Increases federal deposit insurance coverage for most insured accounts, which would require banks and savings associations to pay higher insurance premiums No n.a.
 
Health Insurance Coverage for Cancer Screening Requires group health plans and health insurance issuers to provide coverage of colorectal cancer screening for certain plan enrollees No n.a.
 
Minimum Wage Requires employers covered by the Fair Labor Standards Act to pay a higher minimum wage No n.a.
 
Nuclear Security Requires new security measures at sensitive nuclear facilities, effectively raising fees for licensees; expands the system for licensing sensitive radioactive materials No n.a.
 
Pension Security Makes numerous changes to the Employee Retirement Income Security Act of 1974 that would affect the operations of private pension plans, including new reporting requirements and limits on certain investments No n.a.
 
Reversing the Expatriation of Profits Offshore Eliminates some of the tax-favored treatment afforded to transactions of corporations that were previously incorporated in the United States and have reincorporated in foreign jurisdictions No n.a.
 
Steel Imports Increases tariff rates for importers of steel and steel products in 2006 No n.a.
 
Tax Shelter Transparency Imposes recordkeeping and reporting requirements on certain types of transactions and requires people who provide professional advice for such transactions to submit returns No n.a.
 
Intergovernmental Mandates with Costs That Could Not Be Estimated
 
Port and Maritime Security Requires public port authorities to improve security procedures and infrastructure Yes
(P.L. 107-295)b
Uncertain
 
Lawful Commerce in Arms Prohibits states from suing certain manufacturers and sellers of firearms and ammunition No n.a.
 
Work, Opportunity, and Responsibility for Kids Sets new requirements for states as administrators of the Child Support Enforcement program No n.a.
 
Online Privacy Requires certain public entities to comply with new procedures for collecting, using, and disclosing some personal data No n.a.
 
Private-Sector Mandates with Costs That Could Not Be Estimated
 
Accounting and Auditing Reform Establishes new oversight board, sets new standards, and imposes regulatory fees; prohibits company owners and officers from selling stock issued by that company during certain periods Yes
(P.L. 107-204)b
Uncertain
 
Antiterrorism Training for Flight Crews Requires air carriers to provide additional training to their flight and cabin crews Yes
(P.L. 107-296)b
Uncertain
 
Customs User Fees Extends the government's authority to collect certain customs user fees No n.a.
 
Identity-Theft Protection Prohibits the display, sale, or purchase of someone's Social Security number without that person's consent; requires businesses that accept credit cards to truncate card numbers on electronically printed receipts No n.a.
 
Imports from Vietnam Increases tariff rates for importers of goods from Vietnam No n.a.
 
Medical Device User Fee Requires manufacturers of medical devices to comply with certain labeling standards and application procedures and to pay fees to the Food and Drug Administration No n.a.
 
Online Personal Privacy Prohibits Internet and online service providers and commercial Web sites from collecting or disclosing personal information from an Internet user without the user's consent No n.a.
 
Patient Safety Requires the manufacturer, packager, or labeler of any drug or biological product that is subject to regulation by the Food and Drug Administration to include a unique product identifier on the packaging No n.a.
 
Port and Maritime Security Requires port authorities to improve security procedures and infrastructure Yes
(P.L. 107-295)b
Uncertain
 
Protection of Commerce in Arms Prohibits parties from suing certain manufacturers or sellers of firearms when their products are used unlawfully No n.a.
 
Vessel Identification Accelerates the date by which certain types of vessels operating in U.S. waters must install automatic identification systems Yes
(P.L. 107-295)b
Uncertain
 
Veterans' Benefits Temporarily exempts some National Guard members who are performing homeland security activities from certain financial obligations Yes
(P.L. 107-330)b
Uncertain

Source: Congressional Budget Office.
Notes: The mandates in this table are those identified by the Congressional Budget Office when a bill was reported by an authorizing or conference committee or when CBO was asked to do a formal review. In some cases, more than one formal CBO mandate statement was issued for a mandate topic.
n.a. = not applicable; BACT = best available control technology (as prescribed by the Environmental Protection Agency).
a. The thresholds, which are adjusted annually for inflation, were $58 million for intergovernmental mandates and $115 million for private-sector mandates in 2002.
b. Public Law 107-171, the Farm Security and Rural Investment Act of 2002, enacted May 13, 2002.
Public Law 107-204, the Sarbanes-Oxley Act of 2002, enacted July 30, 2002.
Public Law 107-295, the Maritime Transportation Security Act of 2002, enacted November 25, 2002
Public Law 107-296, the Homeland Security Act of 2002, enacted November 25, 2002.
Public Law 107-318, Anton's Law, enacted December 4, 2002.
Public Law 107-330, the Veterans Benefits Act of 2002, enacted December 6, 2002.

  • New requirements for public power plants to comply with emission controls,

  • A prohibition on the interstate transmission of certain gaming wagers and the operation of some linked games by Indian tribes,

  • A preemption of state premium taxes and disclosure regulations that affect health plans,

  • An increase in the minimum wage, and

  • A prohibition on displaying Social Security numbers on certain public documents.

Private-Sector Mandates with Costs Above the Statutory Threshold

The 19 statements that CBO provided for legislation containing private-sector mandates above the cost threshold identified 13 separate mandates (see Table 2):

  • Limits on the size of awards that attorneys may receive in medical malpractice cases;

  • A requirement that automakers install a lap- and shoulder-belt harness in the center-rear seating position of vehicles;

  • New requirements for privately owned power plants to comply with emission controls;

  • A requirement that depository institutions notify their customers when they give certain information to consumer reporting agencies;

  • A requirement that some foods carry labels indicating their country of origin;

  • An increase in the premiums that banks and savings associations pay for federal deposit insurance;

  • A requirement that health insurers cover colorectal cancer screening for plan enrollees;

  • An increase in the minimum wage;

  • New security measures and higher fees for nuclear facilities;

  • New reporting requirements for private pension plans and limits on their investments;

  • A reduction in the tax-favored treatment available to U.S. corporations that reincorporate in foreign jurisdictions;

  • Increases in tariff rates on steel and steel products; and

  • New recordkeeping and reporting requirements for people who provide professional tax advice.

Public Laws in 2002 That Contained Mandates

The Congress and the President enacted 377 public laws in 2002. Of those, 20 contained one or more intergovernmental mandates as defined by UMRA (see Table 3). For all but two of those mandates, CBO estimates that they will not impose costs on state, local, or tribal governments that exceed the $58 million annual threshold.
           
Table 3.
Laws Enacted in 2002 That Contained Intergovernmental Mandates

Public Law Number Name   Mandate Was the Mandate Reviewed by CBO? Do Costs Exceed the Threshold?a

107-180 Criminal Justice Coordinating Council Restructuring Act of 2002   Requires the District of Columbia Criminal Justice Coordinating Council to prepare annual report Yes No
 
107-188 Public Health Security and Bioterrorism Preparedness and Response Act of 2002   Preempts state laws that conflict with quarantine requirements for communicable diseases No No
 
      Requires registration with the federal government of the possession, use, and transfer of listed agents and toxins No Uncertain
 
      Requires assessments of water supplies in communities of more than 3,300 people No Funded
 
      Extends prescription drug application fees No No
 
107-200 Joint resolution approving the site at Yucca Mountain, Nevada, for the development of a repository for the disposal of high-level radioactive waste and spent nuclear fuel, pursuant to the Nuclear Waste Policy Act of 1982   Approves the placement of a nuclear waste site in Nevada (additional costs to Nevada and neighboring states could result from existing federal mandates) Yes No
 
107-204 Sarbanes-Oxley Act of 2002   Allows the Public Company Accounting Oversight Board to conduct operations and maintain offices in any state without regard to any conflicting state law No No
 
107-219 An act to rename Wolf Trap Farm Park as "Wolf Trap National Park for the Performing Arts," and for other purposes   Renames Wolf Trap Farm Park and requires Virginia to erect signs referring to the park by its new full name Yes No
 
107-220 An act to amend the Public Health Service Act to redesignate a facility as the National Hansen's Disease Programs Center, and for other purposes   Places requirements on manufacturers of medical devices Yes No
 
107-224 John F. Kennedy Center Plaza Authorization Act of 2002   Allows the Mayor of the District of Columbia to dispose of property without City Council approval; allows the U.S. Secretary of Transportation to require the District to reconfigure streets in the Kennedy Center construction area; may require the District to transfer air or property rights to the construction project Yes No
 
107-231 National Construction Safety Team Act   Requires public entities, if subpoenaed, to provide testimony and evidence related to matters that the National Construction Safety Team would be empowered to investigate Yes No
 
107-250 Medical Device User Fee and Modernization Act of 2002   Gives the Secretary of Health and Human Services the authority to collect user fees from manufacturers of medical devices to defray the cost of reviewing applications for approval to market those devices Yes No
 
      Requires manufacturers of medical devices to comply with certain labeling and notification conventions and to submit their registrations electronically Yes No
 
107-251 Health Care Safety Net Amendments of 2002   Preempts state statutes of limitations in cases in which the beneficiary of a medical loan fails to make payments Yes No
 
107-273 21st Century Department of Justice Appropriations Authorization Act   Eliminates federal interest payments to states related to costs for incarcerating illegal aliens Yes No
 
107-295 Maritime Transportation Security Act of 2002   Requires port and maritime terminal authorities to establish comprehensive transportation security programs if the Coast Guard conducts a vulnerability assessment; requires vessels and port owners and operators to use and check federal transportation identification cards if the port is designated as a secure area (federal grants could offset up to 75 percent of the state and local costs of those mandates) Yes Uncertain
 
107-296 Homeland Security Act of 2002   Preempts state or local laws to the extent that they require disclosure of information or records Yes No
 
      Preempts state liability laws in cases involving alleged negligence related to smallpox vaccines Yes No
 
107-297 Terrorism Risk Insurance Act of 2002   Nullifies any terrorism exclusion in a contract for property and casualty insurance; that nullification preempts any previous state approval of insurance with terrorism exclusions Yes No
 
      Preempts any state definition of an "act of terrorism" that is inconsistent with the federal definition; requires insurers to disclose books and records to the Secretary of the Treasury, notwithstanding state laws to the contrary Yes No
 
      Creates an exclusive federal cause of action for losses resulting from an act of terrorism; preempts all state causes of action Yes No
 
107-298 Real Interstate Driver Equity Act of 2002   Exempts ground transportation carriers that provide prearranged service from state licensing and fee requirements as long as the carriers are properly licensed in their home states and meet all federal interstate transportation requirements Yes No
 
107-306 Intelligence Authorization Act for Fiscal Year 2003   Requires public entities, if subpoenaed, to provide testimony and evidence to the National Commission on Terrorist Attacks upon the United States; preempts state and local laws that would require a government body to disclose information Yes No
 
107-319 An act to amend the Consumer Product Safety Act to provide that low-speed electric bicycles are consumer products subject to such act   Preempts state laws and regulations governing low-speed electric bicycles that are more stringent than regulations established by the Consumer Product Safety Commission Yes No
 
107-330 Veterans Benefits Act of 2002   Temporarily exempts some National Guard members who are performing homeland security activities from certain financial obligations Yes No
 
107-331 Indian Financing Amendments Act of 2002   Extinguishes outstanding legal claims of the Cherokee, Choctaw, and Chickasaw nations Yes No
 
107-355 Pipeline Safety Improvement Act of 2002   Requires operators of natural gas pipelines to adhere to minimum safety standards, provide whistleblower protection for employees, create an employee qualification program, honor orders by the Department of Transportation to correct unsafe conditions, conduct facility risk analyses, develop an integrity management program, create a terrorism security plan, and provide mapping data Yes No

Source: Congressional Budget Office.
a. The threshold for intergovernmental mandates, which is adjusted annually for inflation, was $58 million in 2002.

CBO was unable to estimate the costs of the other two intergovernmental mandates that were enacted--one of which requires anyone possessing, using, or transferring various toxins to register with the federal government and the other of which establishes new security procedures for ports. There are various reasons that CBO sometimes cannot estimate the costs of a federal mandate; among the most common reasons are that the costs would depend on future regulations, that essential information to determine the scope and impact of the mandate is lacking, that it is unclear whom the bill's provisions would affect, and that language in UMRA is ambiguous about how to treat extensions of existing mandates.

Only two laws enacted in 2002 (the Public Health Security and Bioterrorism Preparedness and Response Act and the Sarbanes-Oxley Act) contained intergovernmental mandates that were never reviewed by CBO. In one case the bill containing the mandates was not considered by an authorizing committee, and in the other case the mandate was added to the legislation after CBO's review.

In addition, 23 of the 377 public laws enacted in 2002 contained private-sector mandates (see Table 4). CBO estimates that four of them will impose mandate costs above the $115 million annual threshold:(4)

  • The Job Creation and Worker Assistance Act, which extends the requirement that health insurers cover mental health and medical benefits equally, creates tax provisions that limit nonaccrual accounting, and alters the treatment of indebtedness for S corporations;

  • The Bipartisan Campaign Reform Act, which bans soft-money collections by national political parties;

  • The Farm Security and Rural Investment Act, which requires that some foods carry labels indicating their country of origin; and

  • Anton's Law, which requires automakers to install a lap- and shoulder-belt harness in the center-rear seating position of vehicles.
Table 4.
Laws Enacted in 2002 That Contained Private-Sector Mandates

Public Law Number Name   Mandate Was the Mandate Reviewed by CBO? Do Costs Exceed the Threshold?a

107-109 Best Pharmaceuticals for Children Act   Extends by six months the period in which drug manufacturers are prohibited from marketing generic versions of certain drugs Yes No
           
      Repeals waiver of user fees for all applications for pediatric supplements Yes No
 
      Requires drug manufacturers to revise labeling of drugs on the basis of findings from pediatric studies Yes No
 
107-147 Job Creation and Worker Assistance Act of 2002   Extends the mandate requiring private group health plans and health insurance issuers to cover mental health and medical benefits equally Yes Yes
 
      Creates a program of health insurance premium support that would increase the cost of an existing mandate on private-sector employers No No
 
      Creates tax provisions that limit nonaccrual accounting and alter the treatment of indebtedness for S corporations Yes Yes
 
107-155 Bipartisan Campaign Reform Act of 2002   Places restrictions on the use of "soft money" by national party committees, state political parties, and candidates Yes Yes
 
      Requires additional reporting by national and Congressional committees and candidates Yes No
 
      Prohibits certain campaign fundraising; restricts contributions from minors and foreign nationals Yes No
 
107-171 Farm Security and Rural Investment Act of 2002   Imposes new assessments on importers of dairy products and U.S. producers of cane berries; allows the Department of Agriculture to expand reporting requirements for manufacturers and storers of dairy products Yes No
 
      Requires notification and labels on certain foods indicating their country of origin Yes Yes
      Prohibits transportation of live birds for the purpose of fighting Yes No
 
107-173 Enhance Border Security and Visa Entry Reform Act of 2002b   Requires manifests for arriving and departing commercial vessels or aircraft Yes No
 
      Increases fees for certain visas Yes No
 
107-181 Clergy Housing Allowance Clarification Act of 2002   Restricts the amount of rental-allowance income that members of the clergy may exclude for tax purposes to no more than the fair rental value of the home(including furnishings) plus utilities No No
 
107-188 Public Health Security and Bioterrorism Preparedness and Response Act of 2002   Requires registration with the federal government of the possession, use, and transfer of listed agents and toxins No Uncertain
 
      Requires that certain facilities engaged in manufacturing, possessing, packing, or holding food for consumption in the United States register with the Department of Agriculture No Uncertain
 
      Requires that if a food has been refused admission into the United States, owners or consignees of the food must affix a label stating such on the container No Uncertain
 
      Requires importers of certain drugs and their devices to register annually with the federal government No Uncertain
 
      Allows prescription drug application fees to be raised under certain conditions No Uncertain
 
107-204 Sarbanes-Oxley Act of 2002   Establishes the Public Company Accounting Oversight Board to regulate the accounting industry and a standard-setting body to write national standards for accounting practices; the two regulatory bodies will assess fees on public companies to cover their costs Yes Uncertain
 
      Requires auditors and audit committees of public companies to comply with new standards Yes Uncertain
 
      Prohibits insider trades of stock during pension fund blackout periods if the stock was acquired in connection with service as a director or executive officer Yes Uncertain
 
      Requires pension plan administrators to notify plan participants, beneficiaries, and the insurer of employer securities of an impending blackout period Yes No
 
      Requires public corporations to make enhanced financial disclosures to the Securities and Exchange Commission Yes Uncertain
 
107-210 Trade Act of 2002b   Requires land, air, or vessel carriers to transmit cargo manifest information electronically before entering the United States or clearing customs Yes No
 
      Increases compliance cost of existing requirement to provide health insurance for certain separated workers Yes No
 
107-221 Fort Clatsop National Memorial   Authorizes the National Park Service to acquire certain corporately owned timberlands by condemnation because title to the property is not clear Yesc No
 
107-228 Foreign Relations Authorization Act, Fiscal Year 2003   Requires exporters or their agents not covered under current regulations to file export declarations through the Automated Export System Yes No
 
107-231 National Construction Safety Team Act   Requires private entities, if subpoenaed, to provide testimony and evidence related to matters that the National Construction Safety Team would be empowered to investigate Yes No
 
107-250 Medical Device User Fee and Modernization Act of 2002   Gives the Secretary of Health and Human Services the authority to collect user fees from manufacturers of medical devices to defray the cost of reviewing applications for approval to market those devices Yes No
 
      Requires manufacturers of medical devices to comply with certain labeling and notification conventions and to submit their registrations electronically Yes Uncertain
 
107-273 21st Century Department of Justice Appropriation Authorizations Act   Limits access to body armor by violent felons Yes No
 
      Waives copyright infringement rules for educators who teach long-distance classes over the Internet and thus restricts copyright owners from receiving compensation for such use by educators Yes No
 
      Provides that contract disputes between motor vehicle manufacturers and dealers can be resolved by arbitration only after both parties agree to arbitration as a means of settling the dispute Yes No
 
107-295 Maritime Transportation Security Act of 2002b   Requires port and maritime terminal authorities to establish comprehensive transportation security programs if the Coast Guard conducts a vulnerability assessment Yes Uncertain
 
      Accelerates the date by which certain types of vessels operating in U.S. waters must install automatic identification systems Yes Uncertain
 
107-296 Homeland Security Act of 2002b   Requires air carriers to provide additional training to their flight and cabin crews Yes Uncertain
 
      Requires air carriers to provide flight attendants with a method of communicating with pilots No Uncertain
 
      Requires manufacturers and importers of explosive materials to furnish samples to the Bureau of Alcohol, Tobacco, and Firearms; imposes new licensing and reporting requirements for people handling explosive materials Yes No
 
107-297 Terrorism Risk Insurance Act of 2002b   Requires insurers and policyholders of commercial property and casualty insurance to pay assessments and surcharges for repayment of the federal financial assistance provided in connection with all acts of terrorism Yes Uncertain
 
      Requires insurers of commercial property to offer terrorism insurance No Uncertain
 
107-306 Intelligence Authorization Act for Fiscal Year 2003b   Requires private entities, if subpoenaed, to provide testimony and evidence to the National Commission on Terrorist Attacks upon the United States Yes No
 
107-313 Mental Health Parity Reauthorization Act of 2002   Amends the Employee Retirement Income Security Act and Public Health Service Act to extend mental health parity provisions through 2003 No Uncertain
 
107-318 Anton's Law   Requires manufacturers of passenger motor vehicles to install lap- and shoulder-belt harnesses in the rear seats of certain vehicles Yes Yes
 
107-330 Veterans Benefits Act of 2002b   Temporarily exempts some National Guard members who are performing homeland security activities from certain financial obligations Yes Uncertain
 
107-331 Indian Financing Amendments Act of 2002   Prohibits anyone from condemning certain land owned in fee by the Pechanga band until the Secretary of the Interior renders a final decision on the band's pending application to transfer that land into a trust and until final decisions have been made about all appeals relating to that application Yes No
 
      Limits the fees payable to attorneys under contract with the Cherokee, Choctaw, and Chickasaw nations to 10 percent of the funds allocated by the government to each of those nations Yes No
 
107-355 Pipeline Safety Improvement Act of 2002b   Requires operators of natural gas and hazardous-liquid pipelines to adhere to minimum safety standards, provide whistleblower protection for employees, create an employee qualification program, honor orders by the Department of Transportation to correct unsafe conditions, conduct facility risk analyses, develop an integrity management program, create a terrorism security plan, and provide mapping data Yes No

Source: Congressional Budget Office.
a. The threshold for private-sector mandates, which is adjusted annually for inflation, was $115 million in 2002.
b. Public law related to antiterrorism and security enacted in response to the attacks of September 11, 2001.
c. If the National Park Service uses the condemnation authority contained in the law, the legislation will impose a private-sector mandate as defined by UMRA.

Six of the laws enacted in 2002 contained private-sector mandates that were reviewed by CBO but whose costs could not be determined. Those mandates involved new standards for auditing and accounting firms, regulations on manufacturers of medical devices, and a variety of homeland security matters (such as mandating extra security procedures for ports, accelerating the date by which vessels must comply with identification systems, requiring air carriers to provide additional antiterrorism training to their flight crews, requiring insurers and policyholders to pay assessments to cover the cost of federal assistance provided in connection with acts of terrorism, and temporarily exempting some National Guard members who are performing homeland security activities from certain financial obligations).

Moreover, five 2002 laws contained private-sector mandates that CBO did not review. Three of those laws (which address tax benefits for members of the clergy, public health and bioterrorism, and parity in how health insurers cover mental health benefits and medical benefits) were never considered by an authorizing committee and thus did not receive a CBO review. The other two laws contained mandates that were added after CBO had reviewed the legislation: a mandate on air carriers was added to the Homeland Security Act, and a mandate on insurers was added to the Terrorism Risk Insurance Act.

The rest of the 2002 laws containing private-sector mandates will not exceed the UMRA cost threshold, in CBO's view.

In all, almost 40 percent of the public laws with private-sector mandates enacted last year were related to antiterrorism and security in response to the attacks of September 11, 2001. All of those laws either had estimated mandate costs below the threshold or had mandate costs that CBO could not estimate.
 

Mandate Statements Prepared Since UMRA Went into Effect

Since UMRA took effect in 1996, CBO has provided mandate statements for nearly every public bill reported by an authorizing committee. Most of that legislation did not contain federal mandates as UMRA defines them. Of the more than 4,000 bills and other legislative proposals that CBO reviewed from 1996 through 2002, 11 percent contained intergovernmental mandates, and 14 percent contained private-sector mandates (see Table 5). Those percentages have varied slightly from year to year. Over the seven-year period, the share of bills containing mandates has ranged between 9 percent and 14 percent for intergovernmental mandates and between 11 percent and 19 percent for private-sector mandates.
                   
Table 5.
Number of CBO Mandate Statements for Bills, Proposed Amendments, and Conference Reports, 1996-2002

  1996a 1997 1998 1999 2000 2001 2002 Total,
1996-2002

Intergovernmental Mandates
 
Total Number of Statements Transmitted 718 521 541 573 706 389 649 4,097
 
Number of Statements That Identified Mandates 69 64 64 81 77 50 60 465
  Mandate costs would exceed thresholdb 11 8 6 4 3 4 6 42
  Mandate costs could not be estimated 6 7 7 0 1 3 5 29
 
Private-Sector Mandates
 
Total Number of Statements Transmitted 673 498 525 556 697 389 645 3,983
 
Number of Statements That Identified Mandates 91 65 75 105 86 66 73 561
  Mandate costs would exceed thresholdb 38 18 18 20 6 18 19 137
  Mandate costs could not be estimated 2 5 9 13 7 8 14 58

Source: Congressional Budget Office.
Note: The numbers in this table represent official mandate statements transmitted by CBO to the Congress. CBO prepared more intergovernmental mandate statements than private-sector mandate statements because in some cases it was asked to review a specific bill, amendment, or conference report solely for intergovernmental mandates. (In those cases, no private-sector analysis was transmitted to the requesting Member or committee.) CBO also completed a number of preliminary reviews and informal estimates for other legislative proposals that are not included in this table. Mandate statements may cover more than one mandate. Also, because the same mandate sometimes appears in multiple bills, a single mandate may be addressed in more than one CBO statement.
a. CBO began preparing mandate statements in January 1996 in the middle of the 104th Congress. The figures for 1996 reflect bills on the calendar in January 1996 and bills reported by authorizing committees thereafter.
b. The thresholds, which are adjusted annually for inflation, were $50 million for intergovernmental mandates and $100 million for private-sector mandates in 1996. They rose to $58 million and $115 million, respectively, in 2002.

For most of that period, the proportion of bills with mandate costs that exceed the UMRA thresholds has remained roughly constant. In the case of intergovernmental mandates above the threshold, that share has held steady at about 1 percent a year since 1998 (falling slightly below half a percent in 2000). In the case of private-sector mandates, the proportion of bills containing mandates with costs over the threshold has been about 3 percent a year since 1998. (Two years since then are exceptions: in 2000, only 1 percent of the bills reviewed by CBO had private-sector mandates with costs above the threshold; and in 2001, the total number of bills reviewed was well below average, but the number with mandates remained roughly constant at about 18 bills, amounting to 5 percent of the bills reviewed.)(5)

In addition, in each year since 1997, CBO has been unable to estimate mandate costs for about 1 percent of the bills reviewed for intergovernmental mandates and 1 percent to 2 percent of the bills reviewed for private-sector mandates.
 
 




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 information about the potential direct costs of federal mandates before enacting legislation. UMRA requires the Congressional Budget Office (CBO) and Congressional authorizing committees to develop and report information about the existence and costs of mandates in proposed legislation. The law 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

UMRA defines federal mandates narrowly: as any provision in legislation, statue, 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 considered mandates under UMRA. In the case of some large entitlement programs (in which $500 million or more is provided annually to state, local, or tribal governments), a new condition on or a reduction in federal assistance is considered a mandate only if other levels of government lack the flexibility to offset the new costs or the loss of federal funding with reductions elsewhere in the program.

The scope of UMRA is further narrowed by the fact that the law's procedures do not apply to legislative provisions that deal with 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).

UMRA defines directs costs 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 by savings from other provisions of the same legislation that govern the same activity that is affected by the mandate.
 

Mandate Cost Statements: CBO's Role

UMRA requires CBO to provide a statement 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 mandates are 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 yearly for inflation.

The CBO mandate 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 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 committees 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 them from considering 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 UMRA 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 of the mandates and the legislation provides a way to terminate or scale back the mandates 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
List of Bills in 2002 That Contained Mandates

This appendix expands on the information provided in the main text and in earlier tables by listing legislation reviewed by the Congressional Budget Office in 2002 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 with intergovernmental mandates in numerical order, including various versions of the same bill considered by different committees. Table B-2 provides the same information for bills with private-sector mandates.
         
Table B-1.
Bills Reviewed by CBO in 2002 That Contained Intergovernmental Mandates

Bill Number
(Committee)
  Name   Mandate

Intergovernmental Mandates with Costs Above the Statutory Thresholda
 
H.R. 3215   Combating Illegal Gambling Reform and Modernization Act   Prohibits interstate transmission of bets and the operation of certain linked games by Indian tribes
 
H.R. 4954
(Ways and Means)
  Medicare Modernization and Prescription Drug Act of 2002   Preempts various state laws, including premium taxes and disclosure regulations
 
H.R. ------
(Energy and Commerce)
  Medicare Modernization and Prescription Drug Act of 2002   Preempts various state laws, including premium taxes and disclosure regulations
 
S. 556   Clean Power Act of 2002   Requires public power plants to comply with new emission controls
 
S. 848   Social Security Number Misuse Prevention Act of 2002   Prohibits display of Social Security numbers on certain public documents
 
S. 2538   Fair Minimum Wage Act of 2002   Requires state and local governments as employers to pay a higher minimum wage
 
Intergovernmental Mandates with Costs Below the Statutory Thresholda
 
H.R. 521   An act to amend the Organic Act of Guam for the purposes of clarifying the local judicial structure of Guam   Preempts the authority of the Guam legislature to establish the structure of the local judiciary
 
H.R. 1448
(Judiciary)
  An act to clarify the tax treatment of bonds and other obligations issued by the government of American Samoa   Exempts bonds issued by American Samoa from state, local, and territorial taxes
 
H.R. 1448
(Resources)
  An act to clarify the tax treatment of bonds and other obligations issued by the government of American Samoa   Exempts bonds issued by American Samoa from state, local, and territorial taxes
 
H.R. 1701
(Financial Services)
  Consumer Rental Purchase Agreement Act   Preempts state laws inconsistent with new federal regulations for rental-purchase agreements
 
H.R. 1701
(Judiciary)
  Consumer Rental Purchase Agreement Act   Preempts state laws inconsistent with new federal regulations for rental-purchase agreements
 
H.R. 2305   Criminal Justice Coordinating Council
Restructuring Act of 2002
  Requires a new report from the District of Columbia
 
H.R. 2440   An act to rename Wolf Trap Farm Park as "Wolf Trap National Park for the Performing Arts," and for other purposes   Requires the state of Virginia to post new signs referring to Wolf Trap by its new full name
 
H.R. 2546   Real Interstate Driver Equity Act of 2001   Preempts state laws requiring dual licensing of limousine drivers
 
H.R. 3479   National Aviation Capacity Expansion Act of 2002   Preempts the authority of Illinois to regulate activities at O'Hare Airport; requires Chicago to mitigate noise around the airport
 
H.R. 3482   Cyber Security Enhancement Act of 2002   Requires state and local agencies to report to the federal government their receipt of disclosure forms from providers of electronic services
 
H.R. 3534   Cherokee, Choctaw, and Chickasaw Nations Claims Settlement Act   Extinguishes outstanding legal claims of the Cherokee, Choctaw, and Chickasaw nations
 
H.R. 3580   Medical Device User Fee and Modernization Act   Requires manufacturers of medical devices (including state and local governments) to pay fees and comply with other requirements
 
H.R. 3609   Pipeline Infrastructure Protection to Enhance Security and Safety Act   Imposes new user fees and operating and safety requirements on pipeline operators
 
H.R. 3717   Federal Deposit Insurance Reform Act of 2002   Preempts state laws regarding statutes of limitations
 
H.R. 3951
(Financial Services)
  Financial Services Regulatory Relief Act of 2002   Preempts state contract and securities laws; requires state regulators to furnish a report
 
H.R. 3951
(Judiciary)
  Financial Services Regulatory Relief Act of 2002   Preempts state contract and securities laws; requires state regulators to furnish a report
 
H.R. 4125   Federal Courts Improvement Act of 2002   Eliminates existing exemption from federal jury duty for certain state and local employees
 
H.R. 4466   National Transportation Safety Board Reauthorization Act of 2002   Says that states cannot block organizations from providing assistance to certain victims of rail accidents
 
H.R. 4600
(Energy and Commerce)
  Help Efficient, Accessible, Low-Cost, Timely Healthcare Act   Preempts state laws that provide less liability protection than the bill would
 
H.R. 4600
(Judiciary)
  Help Efficient, Accessible, Low-Cost, Timely Healthcare Act   Preempts state laws that provide less liability protection than the bill would
 
H.R. 4635   Arming Pilots Against Terrorism Act   Preempts state firearms laws as they relate to pilots carrying firearms as federal officers
 
H.R. 4687   National Construction Safety Team Act   Subjects public entities to subpoenas
 
H.R. 4889   Patient Safety Improvement Act of 2002   Preempts state freedom-of-information laws
 
H.R. 5005   Homeland Security Act of 2002   Requires airports to give notice if they cannot install an explosive-detection system as required by law; preempts state jurisdiction over some liability cases
 
H.R. 5012   John F. Kennedy Center Plaza Authorization Act of 2002   Preempts the authority of the District of Columbia to dispose of city property; may require the city to alter its highway system
 
H.R. 5422   Child Abduction Prevention Act   Expands existing mandate by increasing reporting requirements
 
H.R. 5478   Patient Safety and Quality Improvement Act   Preempts state freedom-of-information laws and limits other employer actions
 
S. 351   Mercury Reduction Act of 2002   Prohibits the sale of mercury thermometers without a prescription
 
S. 630   Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2002   Preempts state and local laws regulating unsolicited commercial e-mail
 
S. 710   Eliminate Colorectal Cancer Act of 2002   Requires certain state and local heath plans to provide colorectal cancer screening; preempts some state laws
 
S. 1209   Trade Adjustment Assistance for Workers, Farmers, Communities, and Firms Act of 2001   Requires states to implement a trade-adjustment assistance program; preempts state and local authority to make certain determinations about eligibility for public benefits
 
S. 1284   Employment Non-Discrimination Act of 2002   Prohibits employers from discriminating on the basis of sexual orientation
 
S. 1602   Chemical Security Act of 2002   Requires operators of certain facilities to take actions to protect against chemical releases
 
S. 1742   Identity Theft Victims Assistance Act of 2002   Preempts state laws that prohibit the disclosure of certain financial information to third parties
 
S. 1746   Nuclear Security Act of 2002   Requires new security procedures and standards at nuclear facilities
 
S. 1867   An act to establish the National Commission on Terrorist Attacks Upon the United States, and for other purposes   Requires state and local governments to respond to subpoenas
 
S. 1991   National Defense Rail Act   Requires states to maintain information on railway-highway crossings
 
S. 2039   National Aviation Capacity Expansion Act of 2002   Preempts the authority of Illinois to regulate activities at O'Hare Airport; requires Chicago to mitigate noise around the airport
 
S. 2237   Veterans Benefits Improvement Act of 2002   Extends federal protections to certain members of the National Guard
 
S. 2329   Ship, Seafarer, and Container Security Act   Accelerates the date by which certain types of publicly owned vessels operating in U.S. waters must install automatic identification systems
 
S. 2452   National Homeland Security and Combating Terrorism Act of 2002   Prohibits state and municipal employers from dismissing workers for disclosing violations of federal law
 
S. 2480   Law Enforcement Officers Safety Act of 2002   Preempts state and local laws that prohibit the carrying of concealed weapons
 
S. 2506
(Armed Services)
  Intelligence Authorization Act for Fiscal Year 2003   Requires state and local governments to respond to subpoenas
 
S. 2506
(Intelligence)
  Intelligence Authorization Act for Fiscal Year 2003   Requires state and local governments to respond to subpoenas
 
S. 2550   Professional Boxing Amendments Act of 2002   Requires state and tribal boxing commissions to comply with new guidelines
 
S. 2673   Public Company Accounting Reform and Investor Protection Act of 2002   Preempts state authority to license and regulate an oversight board as a nonprofit corporation
 
S. 2771   John F. Kennedy Center Plaza Authorization Act of 2002   Preempts the authority of the District of Columbia to dispose of city property; may require the city to alter its highway system
 
S. 2823   An act to amend the Organic Act of Guam for the purposes of clarifying the local judicial structure of Guam   Preempts the authority of the Guam legislature to establish the structure of the local judiciary
 
S. 3054   No Taxation Without Representation Act of 2002   Requires the District of Columbia to hold elections for Senate and House seats
 
Intergovernmental Mandates with Costs That Could Not Be Estimated
 
H.R. 2037
(Commerce, Science, and Transportation)
  Protection of Lawful Commerce in Arms Act   Prohibits state, local, or tribal governments from entering into lawsuits against gun manufacturers
 
H.R. 2037
(Judiciary)
  Protection of Lawful Commerce in Arms Act   Prohibits state, local, or tribal governments from entering into lawsuits against gun manufacturers
 
H.R. 3983   Maritime Transportation Antiterrorism Act of 2002   Requires public port authorities to upgrade security procedures and infrastructure
 
H.R. 4737   Work, Opportunity, and Responsibility for Kids Act of 2002   Reduces the amount of money states may retain from child support collections; prohibits states from using the child support enforcement system to collect costs paid for by Medicaid
 
S. 2201   Online Personal Privacy Act   Preempts certain state laws regulating Internet privacy and disclosure; may require state and local governments to comply with new rules regarding the collection and use of personal information

Source: Congressional Budget Office.
a. The threshold for intergovernmental mandates, which is adjusted annually for inflation, was $58 million in 2002.

 
         
Table B-2.
Bills Reviewed by CBO in 2002 That Contained Private-Sector Mandates

Bill Number
(Committee)
  Name   Mandate

Private-Sector Mandates with Costs Above the Statutory Thresholda
 
H.J. Res. 84   A resolution disapproving the action taken by the President under section 203 of the Trade Act of 1974   Increases tariff rates for importers of steel and steel products in 2006
 
H.R. 7   CARE Act of 2002   Extends customs user fees; amends tax provisions relating to reportable transactions, tax shelters, inversion transactions, and reinsurance agreements
 
H.R. 3717   Federal Deposit Insurance Reform Act of 2002   Increases federal deposit insurance coverage for most insured accounts, which would require banks and savings associations to pay higher insurance premiums
 
H.R. 3762   Pension Security Act of 2002   Imposes new requirements on sponsors, administrators, and fiduciaries of pension plans
 
H.R. 3951
(Financial Services)
  Financial Services Regulatory Relief Act of 2002   Requires depository institutions to notify customers of information furnished to a consumer reporting agency that may adversely affect the customers' interests; expands prohibitions on employment at financial institutions of people convicted of certain crimes
 
H.R. 3951
(Judiciary)
  Financial Services Regulatory Relief Act of 2002   Requires depository institutions to notify customers of information furnished to a consumer reporting agency that may adversely affect the customers' interests; expands prohibitions on employment at financial institutions of people convicted of certain crimes
 
H.R. 4600
(Energy and Commerce)
  Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2002   Limits the size of the awards that attorneys may receive in medical malpractice cases
 
H.R. 4600
(Judiciary)
  Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2002   Limits the size of the awards that attorneys may receive in medical malpractice cases
 
H.R. 5504   Anton's Law   Requires motor vehicles to have a lap- and shoulder-belt harness in the center-rear seating position
 
S. 556   Clean Power Act of 2002   Limits emissions of carbon dioxide, sulfur dioxide, and nitrogen oxide from large electricity generators and requires them to purchase emission permits; requires coal-fired facilities to reduce mercury emissions; eliminates current exemptions for certain coal-fired facilities from adopting BACT
 
S. 710   Eliminate Colorectal Cancer Act of 2002   Requires group health plans and health insurance issuers to provide coverage of colorectal cancer screening for certain plan enrollees
 
S. 1209   Trade Adjustment Assistance for Workers, Farmers, Communities, and Firms Act of 2001   Effectively increases the cost of the existing mandate on employers to provide continued coverage by increasing the number of separated workers who elect to continue their COBRA coverage; requires trucks, buses, and trains to transmit certain passenger and crew manifest information electronically before entering the United States; requires retailers to inform customers of the country of origin of certain commodities
 
S. 1746   Nuclear Security Act of 2002   Requires new security measures at sensitive nuclear facilities, effectively raising fees for licensees; expands the system for licensing sensitive radioactive materials
 
S. 1971   National Employee Savings and Trust Equity Guarantee Act   Imposes new requirements on sponsors, administrators, and fiduciaries of pension plans
 
S. 1992   Protecting America's Pensions Act of 2002   Imposes new requirements on sponsors, administrators, and fiduciaries of pension plans
 
S. 2119   Reversing the Expatriation of Profits Offshore Act   Eliminates some of the tax-favored treatment afforded to certain transactions of corporations that were previously incorporated in the United States and reincorporate in foreign jurisdictions
 
S. 2498   Tax Shelter Transparency Act   Imposes recordkeeping and reporting requirements on certain types of transactions and on people who provide professional advice for such transactions
 
S. 2538   Fair Minimum Wage Act of 2002   Requires employers covered by the Fair Labor Standards Act to pay a higher minimum wage
 
S. 2950   National Transportation Safety Board Reauthorization Act of 2002   Requires motor vehicles to have a lap- and shoulder-belt harness in the center-rear seating position
 
Private-Sector Mandates with Costs Below the Statutory Thresholda
 
H.R. 577
(Senate Governmental Affairs)
  An act to amend title 44, United States Code, to require any organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository to disclose the sources and amounts of any funds raised, and for other purposes   Requires organizations that raise funds for Presidential archival depositories and tax-exempt foundations named after or controlled by Members of Congress to report sources and amounts of contributions
 
H.R. 1701
(Financial Services)
  Consumer Rental Purchase Agreement Act   Requires meaningful disclosures of the terms of rental-purchase agreements, including disclosures of all costs to consumers under such agreements; sets forth consumer protections governing statements of accounts, renegotiations and extensions, point-of-sale disclosures, and rental-purchase advertising

H.R. 1701
(Judiciary)
  Consumer Rental Purchase Agreement Act   Requires meaningful disclosures of the terms of rental-purchase agreements, including disclosures of all costs to consumers under such agreements; sets forth consumer protections governing statements of accounts, renegotiations and extensions, point-of-sale disclosures, and rental-purchase advertising
 
H.R. 2341   Class Action Fairness Act of 2002   Requires that any notice of a proposed settlement of a class action lawsuit provided to the class members through the mail or in printed media contain certain information in a specific format; requires certain other notices provided through television or radio to include specific information in plain language
 
H.R. 2581   Export Administration Act of 2001   Requires pharmaceutical companies that export certain test articles to comply with new procedures; prohibits exports of implements of torture; requires exporters to file applications electronically
 
H.R. 2880
(House Resources)
  Five Nations Indian Land Reform Act   Grants authority to the Secretary of the Interior to partition certain parcels of undivided property held in trust for individual Indians of the Five Nations who own interest in such property without the consent of all property owners
 
H.R. 2880
(Senate Indian Affairs)
  Five Nations Indian Land Reform Act   Grants authority to the Secretary of the Interior to partition certain parcels of undivided property held in trust for individual Indians of the Five Nations who own interest in such property without the consent of all property owners
 
H.R. 3173   Service Members and Military Families Protection Act of 2001   Requires a landlord who wishes to evict an active-duty tenant or his or her dependents for nonpayment of rent to obtain a court order authorizing the eviction
 
H.R. 3215   Combating Illegal Gambling Reform and Modernization Act   Prohibits gambling over the Internet and other interactive computer systems; requires Internet service providers to block their subscribers' access when notified by state or federal law enforcement agencies
 
H.R. 3476   An act to protect certain lands held in fee by the Pechanga Band of Luiseno Mission Indians from condemnation until a final decision is made by the Secretary of the Interior regarding a pending fee-to-trust application for that land, and for other purposes   Prohibits anyone from condemning certain land owned by the Perchanga band until the Secretary of the Interior renders a final decision on the band's pending application to transfer that land into trust
 
H.R. 3534   Cherokee, Choctaw, and Chickasaw Nations Claims Settlement Act   Limits the fees payable to attorneys under contract with the Cherokee, Choctaw, and Chickasaw nations to handle certain claims pending in the U.S. Court of Federal Claims
 
H.R. 3609   Pipeline Infrastructure Protection to Enhance Security and Safety Act   Requires certain pipeline owners and operators to pay user fees, implement an integrity management program on an accelerated schedule, adopt a certified employee qualification program, and implement a terrorism security program
 
H.R. 3942   John Muir National Historic Site Boundary Adjustment Act   Authorizes the National Park Service to acquire a parcel of property through condemnation
 
H.R. 4125   Federal Courts Improvement Act of 2002   Eliminates the current exemption from federal jury service for military personnel, police officers, firefighters, and certain public officials
 
H.R. 4466   National Transportation Safety Board Reauthorization Act of 2002   Prohibits anyone from hindering the ability of the National Transportation Safety Board to carry out its responsibilities under the bill or from hindering the ability of passengers' families to contact one another in the case of a significant accident involving a mode of transportation; prohibits attorneys for a 45-day period from making unsolicited contact about potential legal action with injured passengers or family members; requires passenger rail carriers to submit plans for handling major accidents
 
H.R. 4623   Child Obscenity and Pornography Prevention Act of 2002   Expands reporting requirements for electronic communication providers to include additional activities related to child pornography
 
H.R. 4687   National Construction Safety Team Act   Requires private-sector entities, if subpoenaed, to provide testimony and evidence related to matters that the National Construction Safety Team would be empowered to investigate
 
H.R. 4701   Sports Agent Responsibility and Trust Act   Prohibits a sports agent from providing anything of value to a student athlete or anyone associated with the athlete before entering into a contract; requires agents to provide a student athlete with a specific disclosure document before entering into a contract and prohibits predating or postdating of such a contract
 
H.R. 4864   Anti-Terrorism Explosives Act of 2002   Requires manufacturers and importers of explosive materials or ammonium nitrate to furnish samples of those materials to the ATF; requires all purchasers of explosives to obtain permits from the ATF; requires applicants for licenses and permits for handling explosives to submit identifying information
 
H.R. 4954   Medicare Modernization and Prescription Drug Act of 2002   Modifies several existing requirements on insurers that offer Medicare supplemental (medigap) coverage; imposes new requirements on Internet pharmacies and group health plans
 
H.R. 4965   Partial-Birth Abortion Ban Act of 2002   Prohibits the procedure commonly known as "partial-birth" abortion
 
H.R. 5063   Armed Forces Tax Fairness Act of 2002   Imposes a mark-to-market tax on the property of individuals who expatriate
 
H.R. 5385   Miscellaneous Trade and Technical Corrections Act of 2002   Requires certain wine importers to certify that their imports meet U.S. wine-making standards
 
H.R. ------
(Energy and Commerce)
  Medicare Modernization and Prescription Drug Act of 2002   Modifies several existing requirements on insurers that offer Medicare supplemental (medigap) coverage; imposes new requirements on Internet pharmacies and group health plans
 
S. 351   Mercury Reduction Act of 2002   Prohibits the sale or supply of mercury thermometers except by prescription; requires manufacturers to provide clear instructions on the careful handling of such thermometers
 
S. 487
(House Judiciary)
  Technology, Education, and Copyright Harmonization Act of 2001   Limits the right of copyright owners to collect compensation for use of certain materials by educators in classes offered over the Internet
 
S. 630   Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2002   Requires senders of commercial e-mail to include a valid return e-mail address and an accurate subject heading in their message; requires senders of unsolicited commercial e-mail to provide an opt-out clause in each message
 
S. 1284   Employment Non-Discrimination Act of 2002   Prohibits employers, employment agencies, and labor organizations from discriminating against workers on the basis of sexual orientation and requires them to post notices to that effect
 
S. 1340   Indian Probe Reform Act of 2002   Places new eligibility and distribution requirements on the inheritance of interests in Indian trust and restricted lands
 
S. 1602   Chemical Security Act of 2002   Requires owners and operators of certain facilities to protect against the unauthorized release of chemical substances
 
S. 1742   Identity Theft Victims Assistance Act of 2002   Requires businesses to provide transaction information without charge within 20 days after receipt of a written request by the victim of alleged identity theft; requires credit reporting agencies to permanently block the reporting of information resulting from identity theft
 
S. 1867   An act to establish the National Commission on Terrorist Attacks upon the United States, and for other purposes   Requires private-sector entities, if subpoenaed, to provide testimony and evidence related to matters that the commission determines to be advisable 
 
S. 1956   Safe Explosives Act   Requires manufacturers and importers of explosive materials or ammonium nitrate to furnish samples of those materials to the ATF; requires all purchasers of explosives to obtain permits from the ATF; requires applicants for licenses and permits for handling explosives to submit identifying information
 
S. 2010   Corporate and Criminal Fraud Accountability Act of 2002   Requires any accountant who conducts certain corporate audits to maintain all audit or review papers for five years; prohibits companies from discharging, demoting, suspending, harassing, or discriminating against employees who provide information to the federal government on the terms and conditions of their employment
 
S. 2506
(Armed Services)
  Intelligence Authorization Act for Fiscal Year 2003   Requires private-sector entities, if subpoenaed, to provide testimony and evidence related to matters that the National Commission for Review of Research and Development Programs of the United States Intelligence Community determines to be advisable
 
S. 2506
(Select Committee on Intelligence)
  Intelligence Authorization Act for Fiscal Year 2003   Requires private-sector entities, if subpoenaed, to provide testimony and evidence related to matters that the National Commission for Review of Research and Development Programs of the United States Intelligence Community determines to be advisable
 
S. 2550   Professional Boxing Amendments Act of 2002   Requires boxers, managers, promoters, and sanctioning organizations to meet certain safety standards and be licensed by the U.S. Boxing Administration
 
S. 2711   Indian Programs Reauthorization and Technical Amendments Act of 2002   Prohibits anyone from condemning certain land owned by the Pechanga band until the Secretary of the Interior renders a final decision on the band's pending application to transfer that land into trust
 
S. 2949   Aviation Security Improvement Act   Requires air carriers that operate passenger aircraft and all-cargo aircraft to comply with new security procedures for cargo; requires facilities that offer flight training to submit information on foreign candidates requesting initial training on any aircraft
 
S. 2989   An act to protect certain lands held in fee by the Pechanga Band of Luiseno Mission Indians from condemnation until a final decision is made by the Secretary of the Interior regarding a pending fee-to-trust application for that land, and for other purposes   Prohibits anyone from condemning certain land owned by the Pechanga band until the Secretary of the Interior renders a final decision on the band's pending application to transfer that land into trust
 
Private-Sector Mandates with Costs That Could Not Be Estimated
 
H.J. Res. 101   A resolution disapproving the extension of the waiver authority contained in section 402(c) of the Trade Act of 1974 with respect to Vietnam   Increases tariff rates for importers of goods from Vietnam
 
H.R. 2037
(Energy and Commerce)
  Protection of Lawful Commerce in Arms Act   Prohibits private-sector parties from suing certain manufacturers or sellers of firearms and related trade associations when their products are used unlawfully
 
H.R. 2037
(Judiciary)
  Protection of Lawful Commerce in Arms Act   Prohibits private-sector parties from suing certain manufacturers or sellers of firearms and related trade associations when their products are used unlawfully
 
H.R. 3580   Medical Device User Fee and Modernization Act   Requires manufacturers of medical devices to comply with certain labeling requirements and application procedures and to pay fees to the Food and Drug Administration
 
H.R. 3763   Corporate and Auditing Accountability, Responsibility, and Transparency Act of 2002   Imposes new requirements on independent public or certified accountants who provide auditing services; imposes a fee to fund a new accounting regulatory board; requires companies that issue securities to disclose some information on an accelerated schedule; prohibits owners and officers of a company from selling company stock during certain periods
 
H.R. 3983   Maritime Transportation Antiterrorism Act of 2002   Requires certain ports and facilities at those ports to develop and comply with antiterrorism plans; requires shippers to provide information electronically on containerized cargo; requires some vessels to have automatic identification systems
 
H.R. 4635   Arming Pilots Against Terrorism Act   Requires air carriers to provide additional training to their flight and cabin crews
 
H.R. 4737   Work, Opportunity, and Responsibility for Kids Act of 2002   Extends the government's authority to collect certain customs user fees through February 28, 2005
 
H.R. 5478   Patient Safety and Quality Improvement Act   Imposes new requirements on health care providers and on manufacturers, packagers, and labelers of drugs and biological products
 
S. 848   Social Security Number Misuse Prevention Act of 2002   Prohibits the display, sale, or purchase of someone's Social Security number without that person's consent; requires businesses that accept credit cards to truncate card numbers on electronically printed receipts
 
S. 2201   Online Personal Privacy Act   Prohibits Internet and online service providers and commercial Web sites from collecting or disclosing personal information from an Internet user without the user's consent
 
S. 2237   Veterans Benefits Improvements Act of 2002   Temporarily exempts some National Guard members who are performing homeland security activities from certain financial obligations
 
S. 2329   Ship, Seafarer, and Container Security Act   Accelerates the date by which certain types of vessels operating in U.S. waters must install automatic identification systems
 
S. 2673   Public Company Accounting Reform and Investor Protection Act of 2002   Establishes a new oversight board and standard-setting body to regulate the accounting industry; imposes requirements on registered public accounting firms; imposes a fee on those firms to fund the new oversight board; requires companies to certify financial reports; requires companies that issue securities to disclose some information on an accelerated schedule; prohibits owners and officers of a company from selling company stock during certain periods

Source: Congressional Budget Office.
Note: ATF = Bureau of Alcohol, Tobacco, and Firearms; BACT = best available control technologies (as prescribed by the Environmental Protection Agency); COBRA = Consolidated Omnibus Budget Reconciliation Act of 1985.
a. The threshold for private-sector mandates, which is adjusted annually for inflation, was $115 million in 2002.


 




APPENDIX
C
Primary Contributors to
CBO's Analyses of Mandates

The following Congressional Budget Office analysts prepare the mandate statements that CBO produces for bills and other legislative proposals:
   
Intergovernmental Mandates
 
Budget Analysis Division
 
Theresa Gullo Chief, state and local government cost estimates
Victoria Heid Hall Community development, disaster relief, commerce, national security 
Leo Lex Health, human resources, income security, Social Security, education, training, employment
Marjorie Miller Agriculture, natural resources, Indian affairs, water resources
Gregory Waring Education, transportation, housing, defense, veterans' affairs, administration of justice, general science, space and technology, energy
Ernestine McNeil Secretarial support
 
 
Private-Sector Mandates
 
Microeconomic and Financial Studies Division
 
Patrice Gordon Chief, private-sector mandates
Lauren Marks Energy, natural resources, international affairs, trade
Cecil McPherson III Natural resources, small business, housing, Indian affairs
Paige Piper/Bach Financial services, governmental affairs, justice
Jean Talarico Agriculture, commerce, transportation, general science
Rae Roy  Secretarial support
 
Health and Human Resources Division
 
Bruce Vavrichek Coordinator, health and human resources
Nabeel Alsalam Education, labor
David Auerbach Health
James Baumgardner Health
Kate Bloniarz Income security, health
Anna Cook Health
Stuart Hagen Health
Samuel Kina Health
Robert Nguyen Health
Ralph Smith Labor, income security
Daniel Wilmoth Labor, health
Ronald Moore Secretarial support
Judith Cromwell Secretarial support
 
Natural Security Division
 
Allison Percy Coordinator, Department of Defense and veterans' issues
Deborah Clay-Mendez Backup Coordinator, defense issues
Cynthia Cleveland Secretarial support
 
Tax Analysis Division
 
Mark Booth Coordinator, tax analysis
Annabelle Bartsch Revenues
 
Office of the General Counsel
 
Robert Murphy General Counsel
Jennifer Smith Deputy General Counsel



1.  Two cases in which those resources are counted in the budget are revenues collected from taxes imposed by the federal government and offsetting collections, such as regulatory fees.
2.  CBO's annual reports on UMRA, as well as a report covering UMRA's first five years, can be found on CBO's Web site.
3.  For more information about preemptions, see Congressional Budget Office, Preemptions in Federal Legislation in the 106th Congress (June 2001).
4.  Although the first two laws of the four listed were enacted in 2002, their original legislation was reviewed by CBO in 2001. Thus, they do not appear among the 13 private-sector mandates with costs over the statutory threshold that CBO identified in 2002 (which are listed at left).
5.  Typically, the number of bills considered by committee is larger in the second session of a Congress (such as in 1998, 2000, and 2002) than in the first session. The Congress considered an unusually small number of bills in the first session of the 107th Congress (in 2001), probably for several reasons, including the events of September 11, 2001.