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Appendix
BBills Reviewed by CBO in 2007 That Contained Mandates as Defined in UMRA
This appendix lists legislation reviewed by the Congressional Budget Office (CBO) in 2007 that would impose federal mandates, regardless of whether the estimated costs of those mandates would be higher or lower than the thresholds established in the Unfunded Mandates Reform Act and regardless of whether the legislation was enacted.
Table B-1 lists in numerical order bills that CBO identified as containing intergovernmental mandates. If a particular bill was considered by more than one committee, the various versions of that bill are included. Table B-2 provides the same information for bills reviewed by CBO with private-sector mandates.
Bills Reviewed by CBO in 2007 That Contained Intergovernmental Mandates
Bills Containing Intergovernmental Mandates with Costs Above the Statutory Threshold
Requires employers, including state, local, and tribal governments, to pay a higher minimum wage
Requires all public transit and rail carriers to train workers and submit reports to DHS (authorizations would cover most, if not all, of the required actions);preempts state laws governing whistle-blowers
Social Security Number Privacy and Identity Theft Prevention Act of 2007
Limits the authority of state and local governments to sell, display, and use Social Security numbers; preempts state laws governing the protection of Social Security numbers
Requires state, local, and tribal governments to provide their employees with paid leave if they miss work because they are sick, have a doctor’s appointment, or are caring for a sick family member
International Solid Waste Importation and Management Act of 2007
Preempts state laws governing solid waste disposal and imposes new requirements on local waste facilities
Public Safety Employer–Employee Cooperation Act of 2007
Preempts state authority to regulate the collective bargaining rights of state and local public safety employees
S.A. 1150 to S. 1348
(Letter dated May 23, 2007, to Senate Budget)S.A. 1150, in the nature of a substitute for S. 1348, the Comprehensive Immigration Reform Act of 2007 (preliminary information)
Requires employers to verify the work eligibility of employees
Preempts state laws that require the use of a federal database of workers in a manner that conflicts with the provisions of new federal requirements
Prohibits certain nonimmigrants from being treated as independent contractors and prohibits the use of state contract laws in litigation against certain immigrants
S.A. 1150 to S. 1348
S.A. 1150, in the nature of a substitute for S. 1348, the Comprehensive Immigration Reform Act of 2007
Requires employers to verify the work eligibility of employees
Preempts state laws that require the use of a federal database of workers in a manner that conflicts with the provisions of new federal requirements
Prohibits certain nonimmigrants from being treated as independent contractors and prohibits the use of state contract laws in litigation against certain immigrants
Bills Containing Intergovernmental Mandates with Costs Below the Statutory Threshold
Implementing Recommendations of the 9/11 Commission Act of 2007
Provides new subpoena power to two federal agencies; state, local, and tribal governments, if subpoenaed, would be required to provide testimony, documents, or evidence
H.R. 6
(Letter dated December 5, 2007, to House Budget)Preempts state energy laws and requires state hearings for the consideration of utility regulations
H.R. 6
(Letter dated December 14, 2007, to Senate Budget)Preempts state energy laws, requires state hearings for the consideration of utility regulations, and requires publicly owned pools to equip drains with antientrapment devices
H.R. 493
(Education and Labor)Restricts the use of genetic information by state and local governments in employment practices and in the provision of health care for employees
Preempts state laws that govern the confidentiality of genetic information in some cases
H.R. 493
(Energy and Commerce)Restricts the use of genetic information by state and local governments in employment practices and in the provision of health care for employees
Preempts state laws that govern the confidentiality of genetic information in some cases
Restricts the use of genetic information by state and local governments in employment practices and in the provision of health care for employees
Preempts state laws that govern the confidentiality of genetic information in some cases
Preempts state laws that allow commercial entities to own industrial banks
Requires Puerto Rico to hold a vote on its territorial status
Preempts state laws governing Social Security numbers and imposes notification requirements on state attorneys general
Preempts state laws governing occupancy and tenancy of public housing facilities
Preempts state laws governing occupancy and tenancy of public housing facilities
Preempts state licensing laws that apply to medical professionals who are licensed in one state but who provide services for tribal health programs in another state
H.R. 1424
(Education and Labor)Paul Wellstone Mental Health and Addiction Equity Act of 2007
H.R. 1424
(Energy and Commerce)Paul Wellstone Mental Health and Addiction Equity Act of 2007
Paul Wellstone Mental Health and Addiction Equity Act of 2007
H.R. 1433
(Government Reform)Preempts state laws in Utah that govern elections and requires an at-large election for a new Congressional seat
Preempts state laws in Utah that govern elections and requires an at-large election for a new Congressional seat
Prohibits states from creating civil penalties that are tied to provisions of the new federal law governing spyware
Increases the number of active-duty service members, thus increasing the cost of existing mandates
H.R. 1585
(As passed by the House)Increases the number of active-duty service members, thus increasing the cost of existing mandates
Preempts state regulation of ammonium nitrate if the regulations are less stringent than provisions of the bill
Department of Homeland Security Authorization Act of Fiscal Year 2008
Requires sponsors of international visitors and schools that have international students to ensure those visitors and students are active participants in programs and are observed once every 60 days
H.R. 1684
(As passed by the House)Department of Homeland Security Authorization Act of Fiscal Year 2008
Prohibits employers from firing or demoting volunteer firefighters and emergency medical technicians under some circumstances
Requires patent applicants to follow new application procedures and prohibits tax-planning methods from being patented
A bill to amend the District of Columbia Home Rule Act to increase the salary of the chief financial officer of the District of Columbia
Preempts (amends) the District of Columbia Code to increase the salary of the chief financial officer
Extends authorization of an existing commission that has the power to subpoena information
Requires railroads to comply with hours-of-service restrictions, make certifications, establish safety procedures, and submit reports
Preempts certain state laws governing railroad operations and safety
Preempts state laws that would limit the ability of the Small Business Administration to exercise its ownership rights in certain debentures issued by a renewable-fuel capital investment company
Preempts state laws restricting the transportation of meat and poultry inspected under a new program
Increases the stringency of conditions under the Food Stamp program
H.R. 2419
(As passed by the House)Preempts state laws restricting the transportation of meat and poultry inspected under a new program
Increases the stringency of conditions for states administering the Food Stamp program
Terrorism Risk Insurance Revision and Extension Act of 2007
Preempts state insurance law and requires insurers to offer terrorism insurance and insured entities to pay surcharges
Supplemental Mine Improvement and New Emergency Response (S-MINER) Act of 2007
Preempts state laws and disciplinary standards for some attorneys
Imposes safety requirements on ferries and preempts state laws regulating ballast water
Imposes safety requirements on ferries and preempts state laws regulating ballast water
H.R. 2830
(Transportation and Infrastructure)Imposes safety requirements on ferries and preempts state laws regulating ballast water
Federal Aviation Administration Reauthorization Act of 2007
Requires airport operators to submit contingency plans and gives the FAA access to state criminal history records
Preempts state and local laws that require the registration of clinical trials
Northern Mariana Islands Immigration, Security, and Labor Act
Preempts immigration laws of the Commonwealth of the Northern Mariana Islands and requires the commonwealth to enforce a cap on alien workers, provide information to DHS, and operate its refugee program according to federal guidelines
Preempts state and local laws governing debentures and requires state and local hearings for the consideration of utility regulations
Prohibits fees on VoIP services that are higher than fees on other telecommunication services
Prohibits employers from discriminating against employees and applicants based on sexual orientation; requires employers to post notices regarding such prohibitions
Responsible Electronic Surveillance That Is Overseen, Reviewed, and Effective (RESTORE) Act of 2007
Preempts state and local liability law
Authorizes federal law enforcement officers to compel providers of communication services to release information about customers and users
Responsible Electronic Surveillance That Is Overseen, Reviewed, and Effective (RESTORE) Act of 2007
Preempts state and local liability law
Authorizes federal law enforcement officers to compel providers of communication services to release information about customers and users
Early Warning and Health Care for Workers Affected by Globalization Act
Broadens an existing mandate that requires government employers to provide written notice of plant closings and mass layoffs; increases the number of government employers that must comply with this federal law
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007
Requires state and local governments to provide access to law enforcement databases
Preempts state law and imposes minimum standards for licenses issued by states to mortgage originators
Requires state and local governments to comply with subpoenas for information
Mark-to-Market Extension and Enhancement Act of 2007
Preempts state laws governing how surplus funds are distributed from housing projects that receive assistance under the Mark-to-Market program
Requires certain institutions of higher education to submit reports and create task forces
Prohibits schools from receiving gifts from lenders or engaging in revenue-sharing agreements
Increases disclosure requirements for certain lenders
Authorizes the DHS privacy officer to subpoena information; state, local, and tribal governments, if subpoenaed, would be required to provide testimony, documents, or evidence
Preempts state and tribal boxing commission authority and places reporting requirements on those entities
Requires rail and motor carriers to comply with reporting requirements and security procedures; preempts certain state laws governing railroad operators and safety operations
Preempts state laws that govern the treatment of personal information and places notification requirements on state attorneys general and insurance commissioners
Passenger Rail Investment and Improvement Act of 2007
Requires rail carriers to comply with reporting requirements and security procedures and preempts certain state laws governing railroad safety and operations
A bill to amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes
Prohibits the transport, sale, or donation of horses for the purpose of human consumption
Preempts state authority to implement consumer information laws or regulations on the fuel efficiency of tires
Restricts the use of genetic information by state and local governments in employment practices and in the provision of health care to employees
Establishes an Inspector General of the Intelligence Community with the authority to subpoena information; state, local, and tribal governments, if subpoenaed, would be required to provide testimony, documents, or other evidence
Establishes an Inspector General of the Intelligence Community with the authority to subpoena information; state, local, and tribal governments, if subpoenaed, would be required to provide testimony, documents, or other evidence
Expands an existing preemption of state and local laws that prohibit carrying concealed weapons
Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act
Requires state, local, and tribal governments to respond to subpoenas and provide testimony, documents, or other evidence
Indian Child Protection and Family Violence Prevention Act Amendments of 2007
Limits the authority of states to release information about abused children under certain circumstances; preempts state laws that govern background checks conducted by tribes
Internet Protocol (IP)-Enabled Voice Communications and Public Safety Act of 2007
Prohibits fees on VoIP telecommunication services that are higher than fees on other telecommunication services; preempts state liability laws
Shoshone–Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act
Requires the Shoshone–Paiute tribes to enact a water code governing tribal water rights
Preempts state laws on the treatment of personal information and imposes procedural requirements on state entities
Preempts state laws that govern the provision of mental health benefits in businesses with 50 or more employees
Increases federal reporting requirements on state and local governments following chemical releases
Reconstruction and Stabilization Civilian Management Act of 2007
Preempts some state laws governing the liability of volunteers
Prohibits importing, manufacturing, and distributing asbestos
Requires certain public transportation entities to participate in the Information Sharing and Analysis Center
Ryan Haight Online Pharmacy Consumer Protection Act of 2007
Preempts state authority to regulate certain prescriptions for controlled substances
Increases reporting requirements on tribal entities that sell cigarettes and preempts state, local, and tribal laws related to delivery sales
Preempts state and local laws that require the registration of clinical trials
Preempts state laws governing the protection of private information; places requirements on schools for protecting private information and notification requirements on state attorneys general
Preempts state licensing laws that apply to medical professionals who are licensed in one state but who provide services for tribal health programs in another state
Requires state and local governments to comply with requests for information from the FAA
Preempts state and local labeling laws and requires states to hold hearings to consider utility standards and regulations
A bill to amend the Omnibus Indian Advancement Act to modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust and to provide for the conduct of certain activities on the land
Restricts the ability of the Lytton Band of Indians to expand a current facility and subjects the tribe to additional requirements under federal law
Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007
Preempts state and local energy-efficiency laws and requires state hearings for the consideration of utility regulations
Establishes an Inspector General of the Intelligence Community with the authority to subpoena information; state, local, and tribal governments, if subpoenaed, would be required to provide testimony, documents, or other evidence
S. 1538
(Select Committee on Intelligence)Establishes an Inspector General of the Intelligence Community with the authority to subpoena information; state, local, and tribal governments, if subpoenaed, would be required to provide testimony, documents, or other evidence
National Defense Authorization Act for Fiscal Year 2008
Increases the number of active-duty service members, thus increasing the costs of existing mandates
S. 1547
(Select Committee on Intelligence)National Defense Authorization Act for Fiscal Year 2008
Increases the number of active-duty service members, thus increasing the costs of existing mandates
Preempts state laws governing ballast water and imposes requirements on public vessels
Requires entities to acquire permits for research on coral reefs
Preempts certain state contract laws relating to Perkins loans
Preempts state laws governing the use of health information
Preempts state and local laws governing swimming pool safety; requires local governments to purchase equipment or modify pools to comply with new federal standards
Preempts state laws that ban the provision of broadband services by public entities
Imposes requirements on commuter railroads and preempts certain state laws governing railroad safety and operations
Requires public entities to respond to subpoenas and prohibits ports from charging escort fees
Consumer Product Safety Commission (CPSC) Reform Act of 2007
Requires state and local governments to comply with whistle-blower protections
Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2007
Prohibits state investigations of FISA requests; preempts legal rights of action; allows federal law enforcement to compel providers of communication services to release information about customers and users
Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2007
Preempts legal rights of action and allows federal law enforcement to compel providers of communication services to release information about customers and users
Directs state regulatory agencies to require and state lenders to provide information on flood risk to more mortgage borrowers
Terrorism Risk Insurance Revision and Extension Act of 2007
Requires insurers to offer terrorism insurance and to pay certain surcharges
Preempts state laws governing production contracts for livestock or poultry
Preempts state and local laws that require public disclosure of information under some circumstances
Increases the stringency of conditions of assistance under the Food Stamp program
S. ——
Private Student Loan Transparency and Improvement Act of 2007
Increases disclosure requirements for certain lenders and prohibits some lending practices and financial arrangements
S.A. 3500 to H.R. 2419
Preempts state laws governing production contracts for livestock or poultry
Preempts state and local laws that require public disclosure of information under some circumstances
Increases the stringency of conditions of assistance for states administering the Food Stamp program
Source: Congressional Budget Office.
Notes: S.A. = Senate Amendment; FAA = Federal Aviation Administration; DHS = Department of Homeland Security; VoIP = Voice over Internet Protocol.
In 2007, the threshold for intergovernmental mandates, which is adjusted annually for inflation, was $66 million. Mandates whose costs exceeded the statutory threshold are shown in bold-faced type. In several cases, proposed legislation reviewed by CBO contained multiple mandates, some of which had costs exceeding the statutory threshold.
Bills Reviewed by CBO in 2007 That Contained Private-Sector Mandates
Bill
(Committee)Bills Containing Private-Sector Mandates with Costs Above the Statutory Threshold
Implementing Recommendations of the 9/11 Commission Act of 2007
Imposes new safety and inspection requirements on shipping containers entering the United States and on cargo transported on passenger aircraft operated by certain air carriers; requires entities in the private sector, if subpoenaed, to provide testimony, documents, or other evidence; prohibits certain business transactions with foreign persons, companies, or countries
H.R. 6
(Letter dated December 5, 2007, to House Budget)Sets new CAFE standards; increases the renewable-fuel standard; establishes energy-efficiency standards for appliances and lighting; requires certain electric utilities to meet specified targets for electricity generated from renewable-energy resources; requires information to be provided to consumers; other energy-related mandates
H.R. 6
(Letter dated December 14, 2007, to Senate Budget)Sets new CAFE standards; increases the renewable-fuel standard; establishes energy-efficiency standards for appliances and lighting; requires commercial pool and spa drain covers to conform to certain antientrapment standards; requires public pools and spas to install antientrapment devices; requires information to be provided to consumers; other energy-related mandates
Requires private rail carriers and commercial bus carriers to conduct vulnerability assessments and implement security plans, provide security training for their employees, conduct additional checks for employees of high-risk providers, and provide whistle-blower protections for their employees
H.R. 1424 (Education and Labor)
Paul Wellstone Mental Health and Addiction Equity Act of 2007
Prohibits insurers from imposing treatment limitations or financial requirements for mental health benefits that differ from those placed on medical and surgical benefits
H.R. 1424
(Energy and Commerce)Paul Wellstone Mental Health and Addiction Equity Act of 2007
Prohibits insurers from imposing treatment l imitations or financial requirements for mental health benefits that differ from those placed on medical and surgical benefits
H.R. 1424
(Ways and Means)Paul Wellstone Mental Health and Addiction Equity Act of 2007
Prohibits insurers from imposing treatment limitations or financial requirements for mental health benefits that differ from those placed on medical and surgical benefits
Requires Fannie Mae and Freddie Mac to contribute to a new affordable-housing fund; requires the housing-related GSEs to comply with new requirements
Requires certain patent applicants to provide a search report, analysis, and other information relevant to receiving a patent; prohibits tax-planning methods from being patented
Requires rail carriers to install certain safety systems for tracks, ensure that rail used in track repairs is free of internal defects, and meet a specific minimum annual service failure rate; requires railroads to comply with hours-of-service restrictions, certification and training requirements, safety procedures, and reporting requirements
Supplemental Mine Improvement and New Emergency Response (S-MINER) Act of 2007
Requires operators of underground mines to install conveyor belts that meet flame-resistance standards, provide a specific postaccident communication and tracking system, monitor behind certain mine seals using a continuous-monitoring device, equip each miner with a personal dust monitor, and install an atmospheric monitoring system; requires operators to meet with other safety and environmental requirements, reporting requirements, and notification requirements
Renewable Energy and Energy Conservation Tax Act of 2007
Denies the tax deduction for income attributable to domestic production of oil, natural gas, or primary products thereof; clarifies the determination of foreign oil and gas extraction incomea
H.R. 2830 (Homeland Security)
Requires certain vessels equipped to carry ballast water and manufacturers of such vessels to comply with treatment requirements for that water; requires owners and operators of commercial vessels to carry survival craft; requires owners and operators of passenger vessels and commercial fishing vessels to follow safety requirements; imposes new requirements on businesses and employees in the maritime industry
H.R. 2830 (Judiciary)
Requires certain vessels equipped to carry ballast water and manufacturers of such vessels to comply with treatment requirements for that water; requires owners and operators of commercial vessels to carry survival craft; requires owners and operators of passenger vessels and commercial fishing vessels to follow safety requirements; imposes new requirements on businesses and employees in the maritime industry
H.R. 2830 (Transportation and Infrastructure)
Requires certain vessels equipped to carry ballast water and manufacturers of such vessels to comply with treatment requirements for that water; requires owners and operators of commercial vessels to carry survival craft; requires owners and operators of passenger vessels and commercial fishing vessels to follow safety requirements; imposes new requirements on businesses and employees in the maritime industry
Federal Aviation Administration Reauthorization Act of 2007
Prohibits the operation of certain aircraft not in compliance with low-noise criteria; revises the schedule of fees for certain services and activities of the FAA; imposes requirements on air carriers related to airline service
Requires manufacturers of prescription drugs and medical devices to pay user fees to the FDA; renews the Secretary’s ability to award brand-name drug manufacturers six months of market exclusivity for the completion of FDA-requested pediatric studies; requires manufacturers to conduct studies and to submit information to the FDA
Public Land Communities Transition Assistance Act of 2007
Imposes new "conservation of resources" fees on producing and nonproducing oil and gas leases on the Outer Continental Shelf
Increases the federal excise tax on tobacco products; extends the number of months that Medicare would be a secondary payer for patients with end-stage renal disease; places further restrictions on the types of plans that Medigap issuers could sell to Medicare beneficiaries
New Direction for Energy Independence, National Security, and Consumer Protection Act
Denies the tax deduction for income attributable to domestic production of oil, natural gas, or primary products thereofa; clarifies the determination of foreign oil and gas extraction incomea; establishes energy-efficiency standards for appliances and other products; imposes a fee on nonproducing federal onshore oil, gas, and coal leases; requires certain electric utilities to meet specified targets for electricity generated from renewable energy resources
Increases the tax on noncommercial aviation-grade kerosene (jet fuel)a
Reduces the exclusion for capital gains on principal residences for nonqualified usea
United States–Peru Trade Promotion Agreement Implementation Act
Extends customs user fees; imposes record-keeping requirements on exporters
Delays implementation of worldwide allocation of interest expensea; extends the Federal Unemployment Tax Act surtax on employers; phases out the health coverage tax credita
Limits the applicability of the exclusion of gains on the sale of a principal residence; requires that income of partners for performing investment management services be treated as ordinary income; delays implementation of worldwide allocation of interest expense until 2018; requires that brokers report customers’ basis in securities transactionsa
Accelerates the effective date for the application of the American Jobs Creation Act leasing provision that applies loss limitation to leases with foreign entities regardless of when the lease was entered into; accelerates the tax treatment of corporate inversion transactionsa
Sets new CAFE standards; imposes new safety standards and labeling requirements on manufacturers of vehicles; imposes new requirements related to consumer information on manufacturers and retailers of motor vehicle tires; prohibits certain pricing practices during a declared energy emergency
Prohibits group health plans and group health insurance issuers from imposing treatment limitations or financial requirements for mental health benefits that differ from those placed on medical and surgical benefits
Cameron Gulbransen Kids Transportation Safety Act of 2007
Requires automobiles to have reversible power windows and to comply with a rearward visibility performance standard; requires automobiles with automatic transmissions to have an antirollaway system
Requires most private-sector employers to provide employees with paid leave for an illness or to care for an ill family member; requires employers to post notices about the availability of such benefits and to implement procedures for safeguarding certain health information
Requires manufacturers of prescription drugs and medical devices to pay user fees to the FDA; renews the Secretary’s ability to award brand-name drug manufacturers six months of market exclusivity for the completion of FDA-requested pediatric studies; requires manufacturers to conduct studies and to submit information to the FDA
Imposes a new surcharge on flights in airspace controlled by the FAA; prohibits the operation of certain aircraft not in compliance with low-noise criteria; imposes new requirements on helicopters used in emergency medical service and on air carriers related to airline service and cabin crews
Increases the renewable-fuel standard; increases the energy-efficiency standards for various commercial and residential appliances and products; issues new energy-efficiency and motor-fuel-labeling requirements
S. 1348, S.A. 1150
S.A. 1150, in the nature of a substitute for S. 1348, the Comprehensive Immigration Reform Act of 2007
Requires employers petitioning for H-1B visa workers to pay a supplemental fee of $3,500 per temporary worker; requires certain employers to verify the work eligibility of employees; places additional requirements on employers seeking to employ nonimmigrant temporary foreign workers
S. 1348, S.A. 1150 (Letter dated May 23, 2007, to Senate Budget)
S.A. 1150, in the nature of a substitute for S. 1348, the Comprehensive Immigration Reform Act of 2007 (preliminary information)
Requires employers petitioning for H-1B visa workers to pay a supplemental fee of $3,500 per temporary worker; requires certain employers to verify the work eligibility of employees; places additional requirements on employers seeking to employ nonimmigrant temporary foreign workers
Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007
Increases the renewable-fuel standard; sets new CAFE standards; increases energy-efficiency standards for various commercial and residential appliances and products; issues new energy-efficiency and motor-fuel-labeling requirements; imposes new safety standards and labeling requirements on manufacturers of those vehicles; imposes new requirements related to consumer information on manufacturers and retailers of motor vehicle tires; prohibits certain pricing practices during a declared energy emergency
Requires manufacturers and owners of vessels equipped to carry ballast water to comply with treatment requirements for that water; requires owners and operators of those vessels to keep a ballast water record book; requires private-sector entities, if subpoenaed, to provide information to an investigation related to ballast water requirements
Consumer Product Safety Commission (CPSC) Reform Act of 2007
Imposes requirements related to consumer product safety; mandates third-party testing and certification; bans certain lead-containing products; mandates industry standards for several children’s productsb
United States–Peru Trade Promotion Agreement Implementation Act
Extends customs user fees; imposes record-keeping requirements on exporters
Accelerates the effective date for the application of the American Jobs Creation Act leasing provision that applies loss limitation to leases with foreign entities regardless of when the lease was entered intoa
Heartland, Habitat, Harvest, and Horticulture Act of 2007
Accelerates the effective date for the application of the leasing provision of the American Jobs Creation Act that applies loss limitation to leases with foreign entities regardless of when the lease was entered intoa; clarifies the economic substance doctrine and related penaltiesa; extends the temporary tariff on ethanol and limits refunds of that duty
American Infrastructure Investment and Improvement Act of 2007
Increases the tax on noncommercial aviation-grade kerosene; increases the international arrival and departure tax and indexes it for inflation; increases the excise tax rate per barrel of oil for the Oil Spill Liability Trust Fund; imposes tax on finished gasoline upon removal from the refinerya
S.——
Children’s Health Insurance Program Reauthorization Act of 2007 (as provided to CBO by the Committee on Finance on July 26, 2007)
Increases the excise tax rate on cigarettes and other tobacco productsa
H.R. 275
Prohibits U.S. businesses that host Internet content in countries that restrict the use of the Internet from cooperating with the governments of those sources to block certain Web sites and online content and from providing those countries with the personal information of certain Internet users
International Solid Waste Importation and Management Act of 2007
Imposes requirements on companies involved in the importation, exportation, and disposal of solid waste
Subjects industrial bank holding companies to a new regulatory framework; prohibits commercial firms from acquiring or establishing an industrial bank and limits activities of certain existing commercial firms with industrial banks; prohibits foreign banks from acquiring an industrial bank without approval from federal banking authorities
Prohibits the use of Social Security numbers in certain activities and prohibits the purchase or sale of Social Security numbers
Places requirements on persons who operate information collection programs and eliminates any existing private right of action under the state laws preempted by the bill
Prohibits entities from importing illegally harvested timber or timber products
Provides liability protection for fiduciaries and other responsible parties of employee benefit plans eliminating an existing right of action
Requires facilities that use, handle, or produce diacetyl to comply with new worker safety standards
Social Security Number Privacy and Identity Theft Prevention Act of 2007
Prohibits the use of Social Security numbers for certain activities and prohibits the purchase or sale of Social Security numbers
Northern Mariana Islands Immigration, Security, and Labor Act
Reduces the number of permits issued to employers in the Commonwealth of the Northern Mariana Islands for temporary alien workers; requires some aliens to exit the country before their visas expire
Eliminates an existing right to seek compensation for injury caused by negligent acts; requires entities that own 911 components to allow VoIP providers to transmit emergency 911 services over their networks
H.R. 3773 (Intelligence)
Responsible Electronic Surveillance That Is Overseen, Reviewed, and Effective (RESTORE) Act of 2007
Requires certain entities to assist the government with electronic surveillance
H.R. 3773 (Judiciary)
Responsible Electronic Surveillance That Is Overseen, Reviewed, and Effective (RESTORE) Act of 2007
Requires certain entities to assist the government with electronic surveillance
Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2007
Mortgage Reform and Anti-Predatory Lending Act of 2007
Imposes mandates on the mortgage finance industry by creating a licensing and registration system for mortgage loan originators, setting new mortgage origination standards, and establishing requirements for high-cost mortgages
Requires rail and motor carriers to comply with certain security procedures and reporting requirements
Requires entities to notify individuals and other entities if a security breach occurs in which sensitive personally identifiable information is compromised; requires consumer reporting agencies to include a fraud alert in a consumer’s file if requested by a consumer
Passenger Rail Investment and Improvement Act of 2007
Requires Amtrak to make reforms related to financial reporting; requires rail carriers to train certain workers in security procedures and grants whistle-blower protections to their employees; places new requirements on carriers that transport high-hazard materials
Internet Protocol (IP)-Enabled Voice Communications and Public Safety Act of 2007
Eliminates an existing right to seek compensation for injury caused by negligent acts; requires entities that own 911 components to allow VoIP providers to transmit emergency 911 services over their networks
Requires businesses that use or maintain sensitive personally identifiable information to implement data security programs to prevent identity theft and to notify U.S. residents in the event of a security breach; requires data brokers to provide individuals with their personally identifiable information if requested and to change the information if it is incorrect; requires any entity taking an adverse action against an individual on the basis of information maintained by a data broker to notify the individual of that action
Requires DHS to establish a system to screen all cargo transported on passenger aircraft, which could impose mandates on entities that send cargo on passenger aircraft or certain air carriers
Requires credit-reporting agencies and other entities that handle sensitive personal information to implement a security program and to notify the Federal Trade Commission and all consumer reporting agencies in the case of a security breach; restricts the use of Social Security numbers
Requires providers of voice services to make number portability available in accordance with requirements prescribed by the FCC and to submit reports to the FCC
Requires public pools and spas to install equipment to comply with new federal standards; requires all commercial swimming pool and spa drain covers to meet certain antientrapment standards
Requires railroads to limit the number of hours worked by employees, certify and train employees, carry out safety procedures, and report information
Imposes new requirements on owners and operators of certain vessels and ports; requires private entities to respond to subpoenas
S. 2248 (Intelligence)
Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2007
Requires certain communication service providers to assist the government with electronic surveillance
S. 2248 (Judiciary)
Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2007
Requires certain communication service providers to assist the government with surveillance; provides for the dismissal of civil action against those electronic communication service providers
Expands the country-of-origin labeling requirements; prohibits certain packers from owning livestock; requires certain processors, poultry dealers, and financial institutions to comply with reporting or inspection requirements; places requirements on poultry and livestock agreements
S.A. 3500 to H.R. 2419
Food and Energy Security Act of 2007
(Cost estimate for S.A. 3500, in the nature of a substitute for H.R. 2419)Expands country-of-origin labeling requirements; prohibits certain packers from owning livestock; requires certain processors, poultry dealers, and financial institutions to comply with reporting or inspection requirements; places requirements on poultry and livestock agreements; extends the temporary duty on ethanol and limits refunds of that duty
A joint resolution approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003
Bills Containing Private-Sector Mandates with Costs Below the Statutory Threshold
Imposes a mandate on private land owners if the Secretary of the Interior uses eminent domain to acquire property
Prohibits the sale or purchase of sharp instruments for use with birds in animal-fighting ventures; prohibits any person from using certain forms of communication to promote animal-fighting ventures
H.R. 493 (Education and Labor)
H.R. 493 (Energy and Commerce)
H.R. 493
(Ways and Means)Requires consumer reporting agencies to provide an explanation of military service deployment to each person requesting the credit score or consumer report of an eligible service member
Increases certain vessel tonnage duties on operators of vessels entering the United States
Requires employers to begin an initial agreement for collective bargaining no later than 10 days after receiving a request
Requires all portable gasoline containers manufactured or sold in the United States for use by consumers to meet child-resistance standards
Imposes a mandate on owners of certain Native allotments in Alaska by granting the Copper Valley Electric Association rights-of-way
Requires persons handling unfinished dextromethorphan to register with the Secretary of Health and Human Services
Denies certain dependents under the age of 24 (those who do not provide more than half of their own support with earned income) to use the lowest capital gains and dividend tax ratesa
Public Safety Employer–Employee Cooperation Act of 2007
Requires public safety officers or other private-sector entities, if subpoenaed, to provide testimony and evidence; prohibits certain labor organizations from engaging in strikes
Restricts lobbying activities of certain former executive branch officials
Makes private-sector entities liable for damage to coral reefs within the jurisdiction of the United States
H.R. 1254 (Oversight and Government Reform)
Imposes reporting requirements on Presidential Library fundraising organizations
H.R. 1254 (Senate Homeland Security and Governmental Affairs)
Imposes reporting requirements on Presidential Library fundraising organizations
H.R. 1255
(Oversight and Government Reform)Changes the procedure for or eliminates the ability of former Presidents, their designees, families, and former Vice Presidents to claim constitutionally based privileges related to the disclosure of Presidential or Vice Presidential records
H.R. 1255
(Senate Homeland Security and Governmental Affairs)Changes the procedure for or eliminates the ability of former Presidents, their designees, families, and former Vice Presidents to claim constitutionally based privileges related to the disclosure of Presidential or Vice Presidential records
Requires publicly traded companies that make certain proposals by proxy solicitation to allow a nonbinding vote by shareholders on certain executive compensation and to make certain disclosures related to such compensation
Imposes mandates on mortgage collectors by extending protections under the Servicemembers Civil Relief Act
Restricts certain former federal officials from accepting compensation from a contractor if they participated substantially in awarding a contract to that contractor
Requires sanctions on certain imports from and exports to Iran
Prohibits U.S. persons or entities that purchased F-14 parts legally from DoD from exporting the parts
H.R. 1585
(Armed Services)Increases the number of active-duty service members, increasing the cost of an existing mandate; prohibits U.S. persons or entities that purchased F-14 parts legally from DoD from exporting the parts
H.R. 1585
(As passed by the House)National Defense Authorization Act for Fiscal Year 2008
Increases the number of active-duty service members, increasing the cost of an existing mandate; prohibits U.S. persons or entities that purchased F-14 parts legally from DoD from exporting the parts
Limits fees for representational services to not more than 1 percent of the amount that the claimant is paid
Re-Empowerment of Skilled and Professional Employees and Construction Tradesworkers (RESPECT) Act
Increases the number of employees covered by various provisions of the National Labor Relations Act
Limits the use of words, abbreviations, titles, or symbols associated with the Department of the Treasury
Imposes reporting and record-keeping requirements on owners of ammonium nitrate facilities and persons who handle ammonium nitrate
H.R. 1684
(Homeland Security)Department of Homeland Security Authorization Act for Fiscal Year 2008
Requires schools and sponsors of exchange visitors that accept international students to ensure those students are active participants in programs and are observed at least every 60 days; prohibits the use of specific words, initials, titles, or the insignia of DHS without written permission
H.R. 1684
(As passed by the House)Department of Homeland Security Authorization Act for Fiscal Year 2008
Prohibits employers from firing, demoting, or discriminating against emergency personnel providing services in certain emergencies or major disasters
Requires manufacturers of durable infant or toddler products to provide registration cards, maintain a database, and label their products
Requires public swimming pool and spa drain covers to meet certain antientrapment standards
Extends authorization of an existing commission that has the power to subpoena information
Imposes a royalty on production of hardrock minerals from existing mining claims
Requires lobbyists and lobbying organizations to provide additional information in lobbying disclosure reports and to submit those reports electronically and more frequently
Requires registered lobbyists who bundle contributions to report them if multiple contributions in large sums are made and to send notices of intent to recipients of those contributions
Imposes a fee on nonproducing federal onshore oil, gas, and coal leases
H.R. 2419
(As passed by the House)Requires inspection of imported clementines and avocados; requires financial institutions to disclose financial records; prohibits the use of live animals for certain uses; prohibits certain persons from providing dogs or cats to research facilities
Permanently extends the authority of the FTC to charge for use of the Do-Not-Call list
Terrorism Risk Insurance Revision and Extension Act of 2007
Requires certain insurers to offer terrorism insurance; requires certain insurers and their policyholders to repay the federal government for the cost of assistance
Requires manufacturers of manufactured housing to supply weather radios in all manufactured homes delivered for sale
Prohibits an increase in sales to Vietnam (including exports of defense-related items) by the private sector under the Arms Export Controls Act
Flood Insurance Reform and Modernization Act of 2007
Requires mortgage lenders to notify customers that flood insurance is available to all homeowners
Prohibits employers from discriminating against any worker on the basis of sexual orientation in hiring, firing, pay, and other aspects of employment
Early Warning and Health Care for Workers Affected by Globalization Act
Requires additional private employers to notify their employees before closing a plant or taking a mass layoff action
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007
Requires foreign labor contractors to register with the Department of Labor and to disclose information to workers about the employment opportunity in writing; requires employers to use only registered foreign labor contractors
Requires certain institutions of higher education to submit reports and to create a task force; requires publishers of college textbooks to provide certain information to universities and to make supplemental materials available for purchase; increases the disclosure requirements for certain lenders
Requires private-sector entities to provide information if subpoenaed by the privacy officer of DHS
Requires individuals and organizations in the boxing industry to be licensed by the United States Boxing Commission and to comply with safety standards; requires standard clauses for contracts; requires the filing of reports; requires the boxing industry to provide information if subpoenaed by the commission
Imposes requirements on arbitration regarding livestock or poultry contracts
Requires candidates for the office of U.S. Senator and political committees and other organizations that support such candidates to file certain designations, statements, and reports electronically
Prohibits the sale or purchase of sharp instruments for use with birds in animal-fighting ventures; prohibits any person from using certain forms of communication to promote animal-fighting ventures
A bill to amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes
Prohibits the possession of an equine to be slaughtered for human consumption
Prohibits the use of genetic information in employment practices and in the provision of health care
S. 372
(Armed Services)Requires private-sector entities to provide information if subpoenaed by the Inspector General of the Intelligence Community
S. 372 (Intelligence)
Requires private-sector entities to provide information if subpoenaed by the Inspector General of the Intelligence Community
Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act
Requires private-sector entities to provide testimony, documents, or other evidence if subpoenaed by the commission
Indian Child Protection and Family Violence Prevention Act Amendments of 2007
Provides for local law enforcement and child protective services to perform forensic examinations of children without parental consent
Prohibits certain persons who have been convicted of misdemeanor gang-related offenses to buy, sell, transport, or possess firearms or ammunition
Increases reporting requirements for certain facilities following chemical releases
Prohibits the use of asbestos-containing materials and requires the disposal of such materials left unsold or not otherwise in the possession of an end user
Permanently extends the authority of the FTC to charge for use of the Do-Not-Call list
Changes the procedure for or eliminates the ability of former Presidents, their designees, families, and former Vice Presidents to claim constitutionally based privileges related to the disclosure of Presidential or Vice Presidential records
Ryan Haight Online Pharmacy Consumer Protection Act of 2007
Requires Internet pharmacies to register with the government, report the controlled substances dispensed, and require valid prescriptions for distributing controlled substances
Imposes new reporting, packaging, and record-keeping requirements on delivery sales of tobacco; prohibits the sale of certain cigarettes that are not in full compliance with the terms of the tobacco settlement agreement
Allows service members to terminate or suspend cell phone contracts without paying penalty fees
Requires broadband providers to report additional information to the FCC
Requires authorization for selling, possessing, or acquiring nonhuman primates in interstate or foreign commerce
S. 1538
(Armed Services)Requires private-sector entities to provide information if subpoenaed by the Inspector General of the Intelligence Community
S. 1538 (Intelligence)
Requires private-sector entities to provide information if subpoenaed by the Inspector General of the Intelligence Community
S. 1547
(Armed Services)National Defense Authorization Act for Fiscal Year 2008
Increases the number of active-duty service members, increasing the cost of an existing mandate; prohibits U.S. persons or entities that purchased F-14 parts legally from DoD from exporting the parts
S. 1547 (Intelligence)
National Defense Authorization Act for Fiscal Year 2008
Increases the number of active-duty service members, increasing the cost of an existing mandate; prohibits U.S. persons or entities that purchased F-14 parts legally from DoD from exporting the parts
Makes private-sector entities liable for damage to coral reefs within the jurisdiction of the United States
Requires the Department of the Treasury to remedy certain undervalued currency by increasing duties on imported products
Requires members of the international travel and tourist industry to pay an assessment in the event of a referendum
Requires Internet service providers to report additional information on child pornography
Limits the right of certain individuals to bid on small fractional property interests at probate without the consent of the heirs
Flood Insurance Reform and Modernization Act of 2007
Requires certain mortgage lenders to provide information about flood insurance coverage and to deposit premiums and fees for flood insurance into escrow accounts on behalf of borrowers
Terrorism Risk Insurance Program Reauthorization Act of 2007
Requires certain insurers to offer terrorism insurance; requires certain insurers and their policyholders to repay the federal government for the cost of assistance
S.——
Private Student Loan Transparency and Improvement Act of 2007
Increases the disclosure requirements for certain lenders; prohibits certain exchanges between lenders and institutions of higher education and their employees
Source: Congressional Budget Office.
Notes: CAFE = corporate average fuel economy; GSE = government-sponsored enterprise; FAA = Federal Aviation Administration; FDA = Food and Drug Administration; S.A. = Senate Amendment; H-1B = visa granted to a skilled foreign worker admitted temporarily to the United States to work for a U.S. company; VoIP = Voice over Internet Protocol; DHS= Department of Homeland Security; FCC= Federal Communications Commission; DoD = Department of Defense; FTC = Federal Trade Commission.
In 2007, the threshold for private-sector mandates, which is adjusted annually for inflation, was $131 million. In several cases, proposed legislation reviewed by CBO contained multiple mandates, some of which had costs exceeding statutory thresholds. Mandates whose costs exceeded the statutory threshold are shown in bold-faced type.
a. The Joint Committee on Taxation examines legislative provisions that affect the tax code for federal mandates and estimates their costs. Such information is incorporated into CBO’s mandate statements.
b. The aggregate costs of all of the mandates in S. 2045 would exceed the threshold.
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