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A Review of CBO's Activities in 2004 Under the Unfunded Mandates Reform Act
March 2005		 PDF



APPENDIX
B
Bills Reviewed by CBO in 2004
That Contain Mandates

This appendix lists legislation reviewed by the Congressional Budget Office (CBO) in 2004 that would impose federal mandates, regardless of whether the estimated costs of those mandates would be higher or lower than the thresholds 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 having intergovernmental mandates; it includes various versions of the same bill if that bill was considered by more than one committee. Table B-2 provides the same information for bills with private-sector mandates.

Table B-1.

Bills Reviewed by CBO in 2004 That Contain Intergovernmental Mandates
Bill Number
(Committee)		   Name   Mandate
Intergovernmental Mandates with Costs
Above the Statutory Thresholda
 
H.R. 10 (Armed Services)   9/11 Recommendations Implementation Act   Requires document verification, national databases, and numerous security measures for driver's licenses and birth and death certificates; preempts state and local authority to allow public access to birth and death certificates and prohibits states from displaying Social Security numbers; preempts state authority to accept consular identifications and to not enforce immigration laws
 
H.R. 10 (Permanent Select Committee on Intelligence)   9/11 Recommendations Implementation Act   Requires document verification, national databases, and numerous security measures for driver's licenses and birth and death certificates; preempts state and local authority to allow public access to birth and death certificates and prohibits states from displaying Social Security numbers; preempts state authority to accept consular identifications and to not enforce immigration laws
 
H.R. 10 (Financial Services)   9/11 Recommendations Implementation Act   Requires document verification, national databases, and numerous security measures for driver's licenses and birth and death certificates; preempts state and local authority to allow public access to birth and death certificates and prohibits states from displaying Social Security numbers; preempts state authority to accept consular identifications and to not enforce immigration laws; preempts state laws related to bankruptcy and other financial transactions
 
H.R. 10 (Government Reform)   9/11 Recommendations Implementation Act   Requires document verification, national databases, and numerous security measures for driver's licenses and birth and death certificates; preempts state and local authority to allow public access to birth and death certificates and prohibits states from displaying Social Security numbers; preempts state authority to accept consular identifications; requires states to verify immigration status
 
H.R. 10 (Judiciary)   9/11 Recommendations Implementation Act   Requires document verification, national databases, and numerous security measures for driver's licenses and birth and death certificates; preempts state and local authority to allow public access to birth and death certificates and prohibits states from displaying Social Security numbers; preempts state authority to accept consular identifications and to not enforce immigration laws; requires states to coordinate background checks for certain private security guards; requires states to coordinate an assistance program for certain nonprofit organizations; requires nuclear facilities to meet standards as developed by the Secretary of Homeland Security
 
H.R. 2971   Social Security Number Privacy and Identity Theft Prevention Act of 2004   Restricts the use and display of Social Security numbers by state and local agencies
 
H.R. 4520   Jumpstart Our Business Strength (JOBS) Act   Requires overtime pay for certain workers; prohibits the use of off-shore contracts by states; preempts state laws governing tobacco; imposes fees on manufacturers and distributors of tobacco products, including Indian tribes
 
H.R. 5082   Public Transportation Terrorism Prevention and Response Act of 2004   Requires public transportation agencies to participate in an information clearinghouse; requires certain public transportation agencies to train employees in security procedures
 
S.A. 2945   The Fair Minimum Wage Act of 2004 (proposed as an amendment to H.R. 4, the Personal Responsibility, Work, and Family Promotion Act of 2003)   Requires employers, including state and local governments, to increase the minimum wage paid to their employees
 
Intergovernmental Mandates with Costs Below the Statutory Thresholda
 
H.R. 218   Law Enforcement Officers Safety Act of 2003   Preempts state and local laws regulating concealed weapons
 
H.R. 339   Personal Responsibility in Food Consumption Act   Prohibits states from entering into or continuing certain civil suits for obesity and health-related conditions; preempts state authority to hear such cases
 
H.R. 982   An act to clarify the tax treatment of bonds and other obligations issued by the government of American Samoa   Exempts interest on American Samoa bonds from state and local taxes
 
H.R. 1084   Volunteer Pilot Organization Protection Act of 2004   Preempts state tort laws to exempt volunteer pilots and organizations from liability for injuries that may occur during the course of volunteer activities
 
H.R. 1417 (Passed by the Senate)   Copyright Royalty and Distribution Reform Act of 2004   Subjects state, local, and tribal governments to subpoena powers of copyright royalty judges
 
H.R. 1787   Good Samaritan Volunteer Firefighter Assistance Act of 2004   Preempts state tort laws to exempt certain individuals who donate fire control and rescue equipment from liability for injuries and damages that such equipment may cause
 
H.R. 2179   Securities Fraud Deterrence and Investor Restitution Act of 2004   Preempts state laws regarding homestead exemptions to allow certain properties to be seized by federal authorities
 
H.R. 2400   A bill to amend the Organic Act of Guam for the purposes of clarifying the local judicial structure   Imposes a specific structure on the judiciary of Guam
 
H.R. 2440   Indian Healthcare Improvement Act Amendments of 2004   Preempts state licensing laws in cases in which a health care professional is licensed in one state but is performing services in another state under a funding agreement in a tribal health program
 
H.R. 2671   Clear Law Enforcement for Criminal Alien Removal Act of 2003   Preempts state liability laws to ensure immunity for law enforcement officers against lawsuits related to the enforcement of immigration laws; preempts state authority to determine whether state and local law enforcement officers may enforce immigration laws
 
H.R. 2699   National Uniformity for Food Act of 2004   Preempts state laws governing the contents of food labels
 
H.R. 2824   Internet Tobacco Sales Enforcement Act   Requires tribal governments that sell tobacco to keep records and report information
 
H.R. 2844   Continuity in Representation Act of 2004   Requires states to change election laws
 
H.R. 2929   Securely Protect Yourself Against Cyber Trespass Act   Preempts state laws prohibiting the use of certain types of software
 
H.R. 3143   International Consumer Protection Act of 2004   Preempts state laws that require third-party notification when information is disclosed
 
H.R. 3261 (Judiciary)   Database and Collections of Information Misappropriation Act   Preempts state laws that protect the collection of information
 
H.R. 3261 (Energy and Commerce)   Database and Collections of Information Misappropriation Act   Preempts state laws that protect the collection of information
 
H.R. 3369   Nonprofit Athletic Organization Protection Act of 2003   Preempts state tort laws to protect nonprofit athlete organizations from liability for certain injuries that may occur during practice or competition
 
H.R. 3550 (Transportation and Infrastructure)   Transportation Equity Act: A Legacy for Users   Preempts state laws that restrict the operating hours of utility service vehicles
 
H.R. 3550 (Passed by the House)   Transportation Equity Act: A Legacy for Users   Preempts state laws that restrict the operating hours of utility service vehicles
 
H.R. 3589   A bill to create the office of Chief Financial Officer of the Government of the Virgin Islands   Requires the appointment of a chief financial officer for the government of the Virgin Islands
 
H.R. 3779   Safeguarding Schoolchildren of Deployed Soldiers Act of 2004   Preempts local residency requirements for schools
 
H.R. 3797 (Government Reform)   2004 District of Columbia Omnibus Authorization Act   Creates a new reporting requirement for the District of Columbia's school board
 
H.R. 3797(Senate Governmental Affairs)   2004 District of Columbia Omnibus Authorization Act   Creates a new reporting requirement for the District of Columbia's school board
 
H.R. 4200   National Defense Authorization Act for Fiscal Year 2005   Increases the cost of existing mandates included in the Soldiers and Sailors Civil Relief Act by increasing the number of active-duty service members; preempts state authority to tax certain benefits of defense employees and the application of state licensing requirements for certain lawyers
 
H.R. 4501   Satellite Home Viewer Extension and Reauthorization Act of 2004   Establishes procedures for appeals that preempt state law
 
H.R. 4571   Lawsuit Abuse Reduction Act of 2004   Preempts state laws governing court procedures
 
H.R. 4634   Terrorism Insurance Backstop Extension Act of 2004   Extends requirements on states to repay the federal government for the cost of assistance received; preempts state laws regulating insurance
 
H.R. 4658   Servicemembers and Veterans Legal Protections Act of 2004   Preempts state taxing authority
 
H.R. 4661   Internet Spyware (I-SPY) Prevention Act of 2004   Preempts state lawmaking ability
 
H.R. 4768   Veterans Health Programs and Facilities Enhancement Act of 2004   Preempts state and local authority to regulate land use of property leased by the Department of Veterans Affairs
 
H.R. 5107   Justice for All Act of 2004   Codifies into federal law certain rights for victims of crimes in the District of Columbia
 
H.R. 5121   A bill to further protect the United States' aviation system from terrorist attacks   Requires state and local law enforcement officers who are armed to identify themselves with a special credential when traveling on aircraft
 
S. 556   Indian Healthcare Improvements Act Amendments of 2004   Preempts state licensing laws in cases in which a health care professional is licensed in one state but is performing services in another state under a funding agreement in a tribal health program
 
S. 1508   Federal Housing Enterprise Regulatory Reform Act of 2004   Preempts state statute-of-limitations laws and state contract law
 
S. 1545   Development, Relief, and Education for Alien Minors Act   Increases the number of students that public and private universities must track in the Student Exchange Visitor Information System
 
S. 1932   Artists' Rights and Theft Prevention Act of 2004   Preempts state and local civil and criminal tort laws
 
S. 1963   Wireless 411 Privacy Act   Preempts state laws with respect to wireless telephone directories
 
S. 1978   Surface Transportation Safety Reauthorization Act of 2003   Creates a unified registration system for states to register motor carriers; requires states to issue learner's permits in their programs for commercial driver's licenses
 
S. 2035   Guard and Reserve Readiness and Retention Act of 2004   Requires employers to extend health insurance for certain workers
 
S. 2056   Broadcast Decency Enforcement Act of 2004   Prohibits transmission of certain violent programming
 
S. 2145   SPY BLOCK Act   Requires states' attorneys general to notify the Federal Trade Commission when they file suits regarding certain types of computer activity; preempts state laws regarding spyware; prohibits states from creating certain civil penalties
 
S. 2165   A bill to specify the end strength for active-duty personnel of the Army as of September 30, 2005   Increases the costs of existing mandates included in the Soldiers and Sailors Civil Relief Act by increasing the number of active-duty service members
 
S. 2273   Rail Security Act of 2004   Preempts state hiring authority and liability laws
 
S. 2275   High Risk Nonprofit Security Enhancement Act of 2004   Requires state agencies to receive and evaluate certain applications for federal assistance to increase security
 
S. 2281   VOIP [Voice-over-Internet-protocol] Regulatory Freedom Act of 2004   Prohibits states from regulating certain telephone services for two years
 
S. 2290   Fairness in Asbestos Injury Resolution Act of 2004   Preempts state authority to hear asbestos cases and gives subpoena power to asbestos fund administrators; requires government entities to comply with those subpoenas
 
S. 2386 (Select on Intelligence)   Intelligence Authorization Act for Fiscal Year 2005   Preempts state laws related to income tax
 
S. 2386 (Armed Services)   Intelligence Authorization Act for Fiscal Year 2005   Preempts state laws related to income tax
 
S. 2400   National Defense Authorization Act for Fiscal Year 2005   Increases the costs of existing mandates included in the Soldiers and Sailors Civil Relief Act by increasing the number of active-duty service members
 
S. 2453   Public Transportation Terrorism Prevention Act of 2004   Requires certain transit agencies to participate in an information clearinghouse
 
S. 2488   Marine Debris Research and Reduction Act   Requires all ports (terminals) to maintain trash receptacles for plastic debris
 
S. 2657   Federal Employee Dental and Vision Benefits Enhancement Act of 2004   Preempts state and local laws governing coverage levels and benefit requirements
 
S. 2820   SAVE LIVES Act   Requires seven public broadcasting stations to vacate their current television channels more quickly than under current law
 
S. 2840   National Intelligence Reform Act of 2004   Requires entities in the public sector, if subpoenaed by either of the federal authorities created by the legislation--the Inspector General of the National Intelligence Authority or the Privacy and Civil Liberties Oversight Board--to provide testimony, documents, or other evidence
 
Intergovernmental Mandates Whose Costs
Could Not Be Determined to Exceed the Statutory Thresholda
 
S. 994   Chemical Facilities Security Act of 2003   Requires facilities to conduct vulnerability assessments; preempts state and local laws that provide public access to certain information
 
S. 1529   Indian Gaming Regulatory Act Amendments of 2004   Imposes new conditions on state and tribal compacts and new administrative requirements for tribes
Source: Congressional Budget Office.

a. In 2004, the threshold for intergovernmental mandates, which is adjusted annually for inflation, was $60 million.

Table B-2.

Bills Reviewed by CBO in 2004 That Contain Private-Sector Mandates
Bill Number (Committee)   Name   Mandate
Private-Sector Mandates with Costs Above the Statutory Thresholda
 
H.R. 1561 (Senate Judiciary)   United States Patent and Trademark Fee Modernization Act of 2004   Increases existing fees and establishes new fees for certain patent and trademark services
 
H.R. 3550 (Transportation and Infrastructure)   Transportation Equity Act: A Legacy for Users   Expands certain safety requirements to cover owners and operators of commercial motor vehicles that transport nine to 15 passengers
 
H.R. 3550 (Passed by the House)   Transportation Equity Act: A Legacy for Users   Expands certain safety requirements to cover owners and operators of commercial motor vehicles that transport nine to 15 passengers
 
H.R. 3971   Highway Reauthorization Tax Act of 2004   Levies a tax on aviation-grade kerosene; requires registration of pipeline and vessel operators; modifies the heavy vehicle use tax
 
H.R. 4520 (Ways and Means)   American Jobs Creation Act of 2004   Extends through 2014 customs user fees that are scheduled to expire; extends the provisions of the Mental Health Parity Act of 1996 through the end of calendar year 2005 (that act prohibits group health plans that provide both medical and surgical benefits and mental health benefits from imposing aggregate lifetime limits or annual limits on coverage of mental health benefits that are different from those used for medical and surgical benefits); imposes several revenue-raising taxes
 
H.R. 4520 (Passed by the Senate)   Jumpstart Our Business Strength (JOBS) Act   Extends through 2013 customs user fees; extends the provisions of the Mental Health Parity Act of 1996 through the end of calendar year 2005; increases the number of workers covered by the overtime regulations under the Fair Labor Standards Act that are scheduled to take effect; requires chief executive officers or other corporate officers to include a declaration of compliance with the corporation's annual federal income tax returns; authorizes the Food and Drug Administration to regulate the sale, marketing, and advertisement of tobacco products; imposes two fees on manufacturers and importers of tobacco products
 
S. 882   Tax Administration Good Government Act of 2004   Amends the Internal Revenue Code to revise procedures for safeguarding taxpayers
 
S. 1508   Federal Housing Enterprise Regulatory Reform Act of 2004   Requires the government-sponsored enterprises for Housing--Fannie Mae, Freddie Mac, and the Federal Home Loan Banks--to pay higher assessment fees for the operation of a new federal regulator; requires Fannie Mae and Freddie Mac to contribute 5.0 percent of their annual net earnings to a fund that provides grants to address the needs of underserved markets and supports new mortgage loan products or increased underwriting flexibility for existing loan products that support underserved markets; requires them to register at least one class of their capital stock with the Securities and Exchange Commission under the Securities Act of 1934; requires Fannie Mae and Freddie Mac to disclose to shareholders each quarter the fair value of the shareholders' equity interest in the enterprise; prohibits Fannie Mae and Freddie Mac from purchasing, servicing, selling, or dealing in any mortgages that require arbitration
 
S. 1963   Wireless 411 Privacy Act   Prohibits telecommunications carriers from disclosing on billing information the wireless numbers of individuals who request privacy; requires providers of commercial mobile-phone services to send notices to their subscribers and receive written authorization before publishing a subscriber's number in a wireless telephone directory
 
S. 1978   Surface Transportation Safety Reauthorization Act of 2003   Imposes new safety requirements on manufacturers of motor vehicles and manufacturers of tires; requires certain motor carriers to pay a new registration fee; increases registration fees for persons transporting certain hazardous materials
 
S. 2290   Fairness in Asbestos Injury Resolution Act of 2004   Prohibits individuals from bringing or maintaining a civil action that alleges injury due to asbestos exposure; requires defendant companies and their insurers to pay annual assessments to the Asbestos Fund; requires asbestos settlement trusts to transfer their assets to the Asbestos Fund; provides the fund's administrator with the power to subpoena testimony and evidence; prohibits persons from manufacturing, processing, or distributing in commerce certain products containing asbestos; prohibits health insurers from denying, terminating, or altering any terms of a claimant's or beneficiary's coverage on account of participating in the bill's medical monitoring program or as a result of information discovered through such medical monitoring
 
S. 2424   National Employee Savings and Trust Equity Guarantee Act of 2004   Amends the Employee Retirement Income Security Act to require certain notifications and changes in the administrative procedures of private pension plans
 
S. 2820   SAVE LIVES Act   Requires television broadcasters to increase the amount of local and public affairs programming and to vacate certain channels to make those frequencies available for communication by public safety agencies
 
S.A. 2945   The Fair Minimum Wage Act of 2004 (proposed as an amendment to H.R. 4, the Personal Responsibility, Work, and Family Promotion Act of 2003)   Requires employers to increase the minimum wage paid to their employees
 
Private-Sector Mandates with Costs Below the Statutory Thresholda
 
H.R. 10 (Financial Services)   9/11 Recommendations Implementation Act   Requires financial institutions to report to the Financial Crimes Enforcement Network certain cross-border electronic transmittals of funds; requires operators of certain payment systems to establish policies and procedures designed to identify and prevent transactions in connection with unlawful Internet gambling
 
H.R. 339   Personal Responsibility in Food Consumption Act   Prohibits the private sector from pursuing certain civil lawsuits concerning obesity or related health conditions
 
H.R. 1417 (Senate Judiciary)   Copyright Royalty and Distribution Reform Act of 2004   Requires entities in the private sector, if subpoenaed by the copyright royalty judges, to appear or provide evidence
 
H.R. 1716 (Veterans' Affairs)   Veterans Earn and Learn Act of 2004   Requires providers of entrepreneurship courses to maintain records of enrolled veterans, including information on when they complete, interrupt, or terminate their education
 
H.R. 2179   Securities Fraud Deterrence and Investor Restitution Act of 2004   Prohibits mutual fund companies from charging any fees under rule 12b-1 on mutual funds that are closed to new investors except fees for shareholder-servicing activities;c imposes requirements on persons involved in the securities industry regarding additional disclosures, consumer information, and corporate governance
 
H.R. 2391 (Senate Judiciary)   Intellectual Property Protection Act of 2004   Limits the right of copyright owners to collect compensation from persons who use or manufacture a technology for making limited changes to a motion picture for a private home viewing; requires manufacturers, licensees, and licensors of such technology to provide a clear and conspicuous notice that the performance of the motion picture is altered from the original
 
H.R. 2824   Internet Tobacco Sales Enforcement Act   Imposes new requirements on certain tobacco distributors and sellers regarding reporting, shipping, recordkeeping, and tax collection
 
H.R. 2929   Securely Protect Yourself Against Cyber Trespass Act   Requires persons who transmit information-collection programs to or execute them on another person's computer to receive consent from the owner or authorized user of that computer before installing hidden software that is capable of collecting personal information
 
H.R. 3143 (Judiciary)   International Consumer Protection Act of 2004   Exempts entities from liability for providing information to the Federal Trade Commission about possible unfair or deceptive practices of third parties, limiting the ability of the third party to sue
 
H.R. 3479   Brown Tree Snake Control and Eradication Act of 2004   Imposes new requirements on travelers and shippers of goods departing from Guam and other areas infested with brown tree snakes by requiring federal agencies to implement a system of predeparture quarantine protocols for inspecting passengers, baggage, and cargo leaving from those areas
 
H.R. 3574   Stock Option Accounting Reform Act   Requires companies that grant some compensation through stock options to recognize as an expense in their annual report to the Securities and Exchange Commission the fair value of certain options to purchase stock granted to the chief executive officer and the four most highly compensated executives of the company
 
H.R. 3706 (Resources)   John Muir National Historic Site Boundary Adjustment Act   Should no owner be found, imposes a mandate on the private sector if the National Park Service condemns a parcel of land to establish ownership and annexes that land to include it in the John Muir Historic Site
 
H.R. 3706 (Senate Energy and Natural Resources)   John Muir National Historic Site Boundary Adjustment Act   Should no owner be found, imposes a mandate on the private sector if the National Park Service condemns a parcel of land to establish ownership and annexes that land to include it in the John Muir Historic Site
 
H.R. 3752   Commercial Space Launch Amendments Act of 2004   Imposes additional requirements on commercial space flight licensees and participants engaging in manned space flights, including medical standards, training requirements, and disclosure of passenger risk
 
H.R. 3866 (Judiciary)   Anabolic Steroid Control Act of 2004   Adds about two dozen new substances to the list of anabolic steroid controlled substances, regulated by the Controlled Substances Act
 
H.R. 3866 (Energy and Commerce)   Anabolic Steroid Control Act of 2004   Adds about two dozen new substances to the list of anabolic steroid controlled substances, regulated by the Controlled Substances Act
 
H.R. 4077   Piracy Deterrence and Education Act of 2004   Limits the right of copyright owners to collect compensation under copyright law from persons who use or manufacture a technology for making limited changes to a motion picture for a private home viewing; requires manufacturers, licensees, and licensors of such technology to provide a clear and conspicuous notice that the performance of the motion picture is altered from the original
 
H.R. 4200   National Defense Authorization Act for Fiscal Year 2005   Increases the number of service members eligible for certain relief under the Soldiers and Sailors Civil Relief Act (creditors must reduce the interest rate on service members' obligations to 6 percent when such obligations predate active-duty service, and courts may temporarily stay certain civil proceedings, such as evictions, foreclosures, and repossessions); imposes new conditions on certain export licenses
 
H.R. 4251   Maritime Transportation Amendments of 2004   Subjects towing vessels to inspection by the Coast Guard; requires them to comply with new safety standards and to have an adequate supply of potable water
 
H.R. 4501   Satellite Home Viewer Extension and Reauthorization Act of 2004   Requires satellite companies to carry transmission of local television channels to a single dish, replace the transmission of distant network signals with programming using local signals for certain subscribers, notify television broadcast stations of plans to begin satellite service using the retransmission of local signals in their broadcast markets, and give the stations the right to elect transmission of their signals
 
H.R. 4518   Satellite Home Viewer Extension and Reauthorization Act of 2004   Requires satellite companies to submit to television network stations a list of their subscribers who receive signals of "significantly viewed" stations and to submit an updated list of those subscribers monthly to the Federal Communications Commission
 
H.R. 4586   Family Movie Act of 2004   Limits the right of copyright owners to collect compensation under copyright law from persons who use or manufacture a technology for making limited changes to a motion picture for a private home viewing; requires manufacturers, licensees, and licensors of such technology to provide a clear and conspicuous notice that the performance of the motion picture is altered from the original
 
H.R. 4600   Junk Fax Prevention Act of 2004   Requires senders of unsolicited fax advertisements to include an opt-out notice that contains a cost-free method of opting out (for example, a local telephone number or a toll-free number)
 
H.R. 4634   Terrorism Insurance Backstop Extension Act of 2004   Extends requirements that certain insurers offer terrorism insurance and that certain insurers and their policyholders repay the federal government for the cost of assistance (in the form of assessments and surcharges); expands two of those requirements to apply to group life insurers
 
H.R. 4658   Servicemembers and Veterans Legal Protections Act of 2004   Increases from 18 months to 24 months the amount of time mobilized reservists are eligible to continue their health insurance; requires that termination of a lease by a service member also terminates the obligation of a dependent under that lease
 
H.R. 5011   Military Personnel Financial Services Protection Act   Bans the future sale of periodic payment plans for mutual funds; requires insurers and purveyors of life insurance products to make certain disclosures when selling or soliciting life insurance products on military installations
 
S. 741 (Passed by the Senate)   An act to amend the Federal Food, Drug, and Cosmetic Act with regards to new animal drugs, and for other purposes   Requires manufacturers, packagers, and labelers of processed foods regulated by the Food and Drug Administration to modify labels of processed foods that contain major food allergens to display the names of those allergens from which ingredients are derived; may delay entry of products from some manufacturers of generic animal drugs for minor uses or for use in minor species by providing additional market exclusivity to drug innovators
 
S. 741 (House Energy and Commerce)   An act to amend the Federal Food, Drug, and Cosmetic Act with regards to new animal drugs, and for other purposes   Requires manufacturers, packagers and labelers of processed foods regulated by the Food and Drug Administration to modify labels of processed foods containing major food allergens to display the names of those allergens from which ingredients are derived; may delay entry of products from some manufacturers of generic animal drugs for minor uses or use in minor species by providing additional market exclusivity to drug innovators
 
S. 1529   Indian Gaming Regulatory Act Amendments of 2004   Requires sellers, dealers, buyers, and lessors (including individuals who sell or lease class II gambling devices, such as electronic bingo machines, and private-sector entities contracted to operate tribal casinos) to register class II devices with the National Indian Gaming Commission
 
S. 1545   Development, Relief, and Education for Alien Minors Act of 2003, or the DREAM Act   Increases the number of students that colleges and universities must track in the Student and Exchange Visitor Information System (which was created to collect timely information on foreign students who come to the United States for educational or student-exchange purposes)
 
S. 1582   Valles Caldera Preservation Act of 2004   Allows the Secretary of Agriculture to use a declaration of taking to acquire certain privately held mineral interests of the Baca Ranch, should negotiations for a sale fail
 
S. 1635   L-1 Visa (Intracompany Transferee) Reform Act of 2004b   Imposes new conditions on employers of L-1 visa holders; generally increases the stringency of employment and immigration requirements for L-1 visas
 
S. 1721 (Indian Affairs)   American Indian Probate Reform Act of 2004   Amends federal probate law governing the inheritance of Indian lands, imposing a mandate on certain individuals who would otherwise inherit interest in Indian lands under current law; allows the Secretary of the Interior to partition certain fractionated parcels of Indian lands for sale without the express permission of all interest owners
 
S. 1721 (House Resources)   American Indian Probate Reform Act of 2004   Amends federal probate law governing the inheritance of Indian lands, imposing a mandate on certain individuals who would otherwise inherit interest in Indian lands under current law; allows the Secretary of the Interior to partition certain fractionated parcels of Indian lands for sale without the express permission of all interest owners
 
S. 1784   Methamphetamine Blister Pack Loophole Elimination Act of 2003   Requires retailers of over-the-counter pseudoephedrine and phenolpropanolamine products to record and report transactions of those products sold in blister packages in quantities that exceed 9 grams
 
S. 2013   Satellite Home Viewer Extension Act of 2004   Requires satellite companies to submit to television network stations a list of their subscribers who are receiving signals of "significantly viewed" stations and to submit an updated list of those subscribers monthly to the Federal Communications Commission
 
S. 2035   Guard and Reserve Readiness and Retention Act of 2004   Requires both private- and public-sector employers to extend the amount of time that certain reservists may elect to continue their health insurance after separating from that employment
 
S. 2145   Software Principles Yielding Better Levels of Consumer Knowledge (SPY BLOCK) Act   Regulates computer software used to collect personal information, monitor the behavior of computer users, or produce pop-up advertisements on personal computers
 
S. 2165   A bill to specify the end strength for active-duty personnel of the Army as of September 30, 2005   Increases the number of service members eligible for certain relief under the Soldiers and Sailors Civil Relief Act (creditors must reduce the interest rate on service members' obligations to 6 percent when such obligations predate active-duty service, and courts may temporarily stay certain civil proceedings, such as evictions, foreclosures, and repossessions)
 
S. 2273   Rail Security Act of 2004   Requires Amtrak to submit a plan that addresses the needs of families of passengers involved in a fatal accident; in the event of a fatal accident, requires Amtrak to provide a passenger list to federal authorities and a toll-free number for use by families of passengers
 
S. 2279   Maritime Transportation Security Act of 2004   Requires vessel owners to make seamen who transport nuclear materials in the navigable waters of the United States undergo criminal-background checks
 
S. 2281   VOIP Regulatory Freedom Act of 2004   Requires providers of voice-over-Internet-protocol telephone services to provide 911 and enhanced 911 services for their subscribers
 
S. 2393   Aviation Security Advancement Act   Requires all air carriers to offer bereavement fares at the lowest fare offered by the air carrier for the flight for which the bereavement fare is requested; requires air carriers to at least double the volume of cargo that is screened or inspected; prohibits passengers from carrying butane lighters on board passenger aircraft; requires operators of all-cargo aircraft to maintain a barrier between the flight deck and the cargo compartment, screen persons and bags to be transported on an aircraft, search aircraft prior to the first flight of the day, and secure any aircraft that is unattended overnight; prohibits flight crew members who are not assigned to the flight deck of all-cargo aircraft from possessing a key to a flight-deck door
 
S. 2400   National Defense Authorization Act for Fiscal Year 2005   Increases the number of service members eligible for certain relief under the Soldiers and Sailors Civil Relief Act (creditors must reduce the interest rate on service members' obligations to 6 percent when such obligations predate active-duty service, and courts may temporarily stay certain civil proceedings, such as evictions, foreclosures, and repossessions)
 
S. 2603   Junk Fax Prevention Act of 2004   Requires senders of unsolicited fax advertisements to include an opt-out notice that contains a cost-free method of opting out (for example, a local telephone number or a toll-free number)
 
S. 2644   Satellite Home Viewer Extension and Rural Consumer Access to Digital Television Act of 2004   Requires satellite companies to reallocate their transmission of local television channels through a single dish, retransmit a distant digital signal only if they retransmit a local analog signal in that same market and notify those customers that are receiving a distant digital signal when they are no longer eligible to receive it, notify subscribers of their privacy rights, provide broadcast television network stations with a list of subscribers who are no longer eligible to receive a distant digital signal, and announce the sponsor of commercial or political advertising that originates with the satellite company; requires television network stations to notify a satellite company when a household is no longer eligible to receive a distant digital signal
 
S. 2840   National Intelligence Reform Act of 2004   Requires entities in the private sector, if subpoenaed by either of the federal authorities created by the legislation--the Inspector General of the National Intelligence Authority or the Privacy and Civil Liberties Oversight Board--to provide testimony, documents, or other evidence
 
Private-Sector Mandates Whose Costs
Could Not Be Determined to Exceed the Statutory Thresholda
 
H.J. Res. 97   Approving renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003   Extends the ban on imports from Burma for one year
 
H.R. 10 (Judiciary)   9/11 Recommendations Implementation Act   Requires shippers of hazardous materials to comply with new security regulations and prohibits them from discharging or discriminating against employees who provide information or assist in an investigation regarding a violation related to the security of shipments of extremely hazardous materials; requires nuclear facilities to comply with new regulations designed to address security threats
 
H.R. 2971   Social Security Privacy and Identity Theft Prevention Act of 2004   Prohibits the purchase, sale, or display of a Social Security number to the general public, including the display of a Social Security number on any card or tag; prohibits certain private entities from refusing to do business with an individual because the individual will not provide his or her Social Security number; prohibits consumer-reporting agencies from providing Social Security numbers, or any derivative of such numbers, except in a full consumer report furnished in accordance with the Fair Credit Reporting Act
 
H.R. 3261 (Judiciary)   Database and Collections of Information Misappropriation Act   Prohibits any person from making a substantial part of information in certain databases available to the public in commercial affairs without proper authorization
 
H.R. 3261 (Energy and Commerce)   Database and Collections of Information Misappropriation Act   Prohibits any person from making a substantial part of information in certain databases available to the public in commercial affairs without proper authorization
 
H.R. 3872   Consumer Access to Information Act of 2004   Prohibits a person's use of information from a database generated by another person without proper authorization when the database was generated at some cost or expense, the value of the information on the database is highly time sensitive, the use constitutes "free-riding" on the originator's costly efforts to generate or collect the data, the use is in direct competition with a product or service offered by the originator, and such use might eliminate the incentive to produce the product or service
 
S. 994   Chemical Facilities Security Act of 2003   Requires owners and operators of certain chemical facilities to assess a facility's vulnerabilities, develop and implement a site security plan, certify completion of the assessment plan, and be subject to periodic review
 
S. 2056   Broadcast Decency Enforcement Act of 2004   Requires owners of commercial television broadcast stations whose national audience exceeds 35 percent of households to divest themselves of such licenses as may be necessary to come into compliance with that limitation; prohibits the distribution to the public of certain violent programs unless they can be electronically blocked during certain hours; prohibits the airing of such programming during certain hours if the Federal Communications Commission determines that electronic blocking is not effective
 
S. 2488   Marine Debris Research and Reduction Act   Requires terminal operators to provide receptacles for the disposal of plastics and to log the waste received; requires vessels under 40 feet to maintain waste receptacles and waste management plans; requires vessels that weigh less than 400 gross tons to maintain records of waste disposal
 
S.J. Res. 39   Approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003   Extends the ban on imports from Burma for one year
Source: Congressional Budget Office.

a. In 2004, the threshold for private-sector mandates, which is adjusted annually for inflation, was $120 million.

b. The L-1 intracompany visa allows executives, managers, and employees with specialized skills to transfer from a foreign company to a U.S. office, subsidiary, or affiliated company to perform temporary services.

c. Rule 12b-1 fees are charged by some mutual funds to pay for advertising, marketing, services performed by an administrator, or commissions to a broker or other salesperson.
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