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CBO's Activities Under the Unfunded Mandates Reform Act, 1996-2000
May 2001
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Appendix A

An Assessment of UMRA in 2000

This appendix summarizes the Congressional Budget Office's activities under title I of the Unfunded Mandates Reform Act during 2000--its fifth year of providing information about federal mandates to the Congress. The information updates CBO's four previous annual reports on UMRA.(1)

In all, CBO reviewed more than 700 bills and other legislative proposals in 2000 to determine whether they included federal mandates (see Table A-1). About 11 percent of those bills (or 77) had intergovernmental mandates, and less than 0.5 percent (three bills) had such mandates with costs that would exceed the threshold ($55 million a year in 2000 dollars). CBO also found private-sector mandates in about 12 percent of the bills and amendments that it examined; almost 1 percent (six bills) had costs over the $109 million annual threshold (in 2000 dollars) for such mandates. (Tables A-2 and A-3 list all of the bills examined by CBO in 2000 that contained mandates.)
 


Table A-1.
Number of CBO Mandate Statements for Bills, Proposed Amendments, and Conference Reports in 2000

  Intergovernmental
Mandates
Private-Sector
Mandates

Total Number of Statements Transmitted 706   697  
 
Number of Statements That Identified Mandates 77   86  
  Mandate costs would exceed thresholda 3   6  
  Mandate costs could not be estimated 1   7  

SOURCE: Congressional Budget Office.
NOTE: The numbers in this table represent official mandate statements transmitted to the Congress by CBO. CBO prepared more intergovernmental mandate statements than private-sector mandate statements because in some cases it was asked to review a specific bill, amendment, or conference report solely for intergovernmental mandates. In those cases, no private-sector analysis was transmitted to the requesting Member or committee. CBO also completed a number of preliminary reviews and informal estimates for other legislative proposals that are not included in this table. Mandate statements may cover more than one mandate provision, and occasionally, more than one formal CBO statement is issued for each mandate topic.
a. The thresholds, which are adjusted annually for inflation, were $55 million for intergovernmental mandates and $109 million for private-sector mandates in 2000.

 

Table A-2.
Bills Reviewed by the Congressional Budget Office in 2000 That Contained Intergovernmental Mandates

Bill Number
(Committee)
  Name   Mandate

Intergovernmental Mandates with Costs Exceeding the Statutory Threshold
 
Proposal   Minimum wage proposal   Requires public employers to pay higher minimum wage rates
 
H.R. 3709   Internet Nondiscrimination Act of 2000   Extends and expands moratorium on taxing Internet access
 
H.R. 4857   Social Security Number Privacy and Identity Theft Prevention Act of 2000   Prohibits use, display, and sale of Social Security numbers
 
Intergovernmental Mandates with Costs Below the Statutory Threshold
 
Proposal   Military-Retiree Access to Comprehensive Healthcare Act   Requires medigap coverage for military retirees
 
H.R. 940
(Senate)
  Lackawanna Valley National Heritage Area Act of 2000   Requires a public authority to complete a plan and implement a program
 
H.R. 1124   Fort Peck Reservation Rural Water System Act of 2000   Requires a tribal government to complete a conservation plan
 
H.R. 1293   A bill to amend title 46, United States Code, to provide equitable treatment with respect to state and local income taxes for certain individuals who perform duties on vessels   Prohibits taxing certain income from vessel workers
 
H.R. 1304
(As introduced)
  Quality Health Care Coalition Act   Preempts state antitrust laws governing collective bargaining by health professionals
 
H.R. 1304
(Judiciary)
  Quality Health Care Coalition Act   Preempts state antitrust laws governing collective bargaining by health professionals
 
H.R. 1689   A bill to prohibit states from imposing restrictions on the operation of motor vehicles providing limousine service between a place in a state and a place in another state, and for other purposes   Prohibits state and local governments from restricting some interstate limousine services
 
H.R. 1776   American Homeownership and Economic Opportunity Act of 2000   Preempts state authorities from setting standards for manufactured housing
 
H.R. 1954   Rental Fairness Act of 1999   Preempts some state liability laws
 
H.R. 2130   Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 1999   Restricts the use of certain controlled substances by public hospitals
 
H.R. 2166   Bear Protection Act of 1999   Prohibits state and local governments from trading in bear parts
 
H.R. 2260   Pain Relief Promotion Act of 2000   Preempts Oregon law on assisted suicide
 
H.R. 2366   Small Business Liability Reform Act of 2000   Preempts some state liability laws
 
H.R. 2592   A bill to amend the Consumer Products Safety Act to provide that low-speed electric bicycles are consumer products subject to such act   Preempts state laws regulating electric bikes that are more stringent than federal laws
 
H.R. 2764   America's Private Investment Companies Act   Preempts state bankruptcy laws
 
H.R. 2848   New Markets Initiative Act of 1999   Preempts state bankruptcy laws regarding ownership of certain debentures
 
H.R. 2987   Methamphetamine and Club Drug Anti-Proliferation Act of 2000   Preempts a state's ability to preclude the distribution of certain drugs for detoxification treatment
 
H.R. 3011   Truth in Telephone Billing Act of 1999   Requires public telecommunications carriers to include information about assessments on their bills
 
H.R. 3100   Know Your Caller Act of 2000   Preempts certain provisions of state telemarketing laws
 
H.R. 3113   Unsolicited Commercial Electronic Mail Act of 2000   Preempts some state and local laws regarding "spam" e-mails and certain state liability laws
 
H.R. 3125   Internet Gambling Prohibition Act of 2000   Preempts state liability laws and prohibits some state lottery activities
 
H.R. 3244   Trafficking Victims Protection Act of 2000   Preempts state forfeiture laws in cases involving victims of trafficking
 
H.R. 3439   Radio Broadcasting Preservation Act of 2000   Invalidates some low-power FM radio licenses
 
H.R. 3485   Justice for Victims of Terrorism Act   Preempts state limits on certain damage awards
 
H.R. 3575   Student Athlete Protection Act   Prohibits states from allowing wagering on amateur sports
 
H.R. 3886   International Counter-Money Laundering and Foreign Anticorruption Act of 2000   Imposes new requirements on state and local agencies regarding reporting and disclosure of certain financial information
 
H.R. 3995
(Government Reform)
  District of Columbia Receivership Accountability Act of 2000   Requires court-administered departments in the District of Columbia to adopt certain management practices
 
H.R. 3995
(Senate Governmental Affairs)
  District of Columbia Receivership Accountability Act of 2000   Requires court-appointed receivers in the District of Columbia to adopt certain management practices
 
H.R. 4030   Enhancement of Military Benefits Act   Requires insurers to issue medigap coverage to some Medicare enrollees
 
H.R. 4040   Long-Term Care Security Act   Preempts state insurance laws when the federal government contracts for health care
 
H.R. 4049   Privacy Commission Act   Requires state and local governments to comply with subpoenas
 
H.R. 4163   Taxpayer Bill of Rights 2000   Requires state contractors to comply with confidentiality safeguards
 
H.R. 4205
(Armed Services)
  National Defense Authorization Act for Fiscal Year 2001   Preempts state laws governing wills, requires recipients of equipment to demilitarize it, and requires insurers to issue medigap coverage in certain cases
 
H.R. 4205
(Armed Services)
  Amendment to H.R. 4205, the National Defense Authorization Act for Fiscal Year 2001   Requires insurers to issue medigap coverage to some Medicare enrollees
 
H.R. 4205   National Defense Authorization Act for Fiscal Year 2001 (Comparison of two proposals)   Requires insurers to issue medigap coverage to some Medicare enrollees
 
H.R. 4227   Technology Worker Temporary Relief Act   Imposes new requirements and fees on certain state and local agencies that employ workers holding H-1B visas
 
H.R. 4387   A bill to provide that the School Governance Charter Amendment Act of 2000 shall take effect upon the date such act is ratified by the voters of the District of Columbia   Preempts the Charter of the District of Columbia to allow an amendment to take effect immediately
 
H.R. 4391   Mobile Telecommunications Sourcing Act   Preempts state and local authority to decide what jurisdiction can tax mobile telecommunications services
 
H.R. 4504   Higher Education Technical Amendments of 2000   Preempts state laws governing secured transactions
 
H.R. 4530   New Markets Venture Capital Program Act of 2000   Preempts state law regarding ownership of certain debentures
 
H.R. 4541 (Agriculture)   Commodity Futures Modernization Act of 2000   Preempts state commodities laws
 
H.R. 4541
(Banking and Finance)
  Commodity Futures Modernization Act of 2000   Preempts state laws affecting certain bankruptcy proceedings
 
H.R. 4541 (Commerce)   Commodity Futures Modernization Act of 2000   Preempts state privacy and commodities laws
 
H.R. 4807   Ryan White CARE Act Amendments of 2000   Requires states to implement recommendations by the Institute of Medicine for increasing routine testing of pregnant women and newborns for HIV
 
H.R. 5018   Electronic Communications Privacy Act of 2000   Requires courts and law enforcement agencies to monitor certain electronic communications
 
S. 613   Indian Tribal Economic Development and Contract Encouragement Act of 1999   Requires tribes to submit some contracts for federal approval
 
S. 624   Fort Peck Reservation Rural Water System Act of 2000   Requires a tribal government to complete a conservation plan
 
S. 876   Children's Protection from Violent Programming Act   Prohibits the broadcasting of certain violent programming on public television stations
 
S. 893   A bill to amend title 46, United States Code, to provide equitable treatment with respect to state and local income taxes for certain individuals who perform duties on vessels   Prohibits taxing certain income from vessel workers
 
S. 1109   Bear Protection Act of 1999   Prohibits state and local governments from trading in bear parts
 
S. 1155   National Uniformity for Food Act of 2000   Preempts state labeling laws
 
S. 1452   Manufactured Housing Improvement Act   Preempts state authority to set standards for manufactured housing
 
S. 1536   Older Americans Act Amendments of 2000   Requires states to provide certain legal assistance for the elderly
 
S. 1594
(Small Business)
  Community Development and Venture Capital Act of 2000   Preempts state laws limiting some ownership rights
 
S. 1594
(Small Business)
  Amendments to S. 1594, Community Development and Venture Capital Act of 2000   Preempts state laws limiting some ownership rights
 
S. 1694   Hawaii Water Resources Reclamation Act of 2000   Requires state of Hawaii to share the cost of a study
 
S. 1755   Small Business Reauthorization Act of 2000   Preempts state and local authority to decide what jurisdiction can tax mobile telecommunications services
 
S. 1929   Native Hawaiian Health Care Improvement Act Reauthorization of 1999   Requires state of Hawaii to consult with Native Hawaiian health organizations when making policy or initiating new programs
 
S. 2029   Know Your Caller Act of 2000   Preempts certain provisions of state telemarketing laws
 
S. 2045   American Competitiveness in the Twenty-First Century Act of 2000   Requires employers to pay a $500 fee to hire workers holding H1-B visas
 
S. 2071   Electric Reliability 2000 Act   Imposes requirements on public utilities
 
S. 2087   Military Health Care Improvements Act of 2000   Requires insurers to issue medigap coverage to some Medicare enrollees
 
S. 2107   Competitive Market Supervision Act   Preempts state securities laws; imposes new filing and fee requirements
 
S. 2340   Amateur Sports Integrity Act   Prohibits states from allowing wagering on amateur sports
 
S. 2382   Technical Assistance, Trade Promotion, and Anti-Corruption Act of 2000   Prohibits public entities from transacting certain business with Serbia and the government of Yugoslavia
 
S. 2420   Long-Term Care Security Act and Federal Erroneous Retirement Coverage Corrections Act   Preempts some state and local laws that govern long-term care coverage and benefits; requires the District of Columbia to correct certain errors associated with the enrollment of employees in federal retirement plans
 
S. 2438   Pipeline Safety Improvement Act of 2000   Imposes new requirements and fees on publicly owned natural gas pipelines
 
S. 2440   Airport Security Improvement Act of 2000   Requires airport owners and operators to improve security
 
S. 2549   National Defense Authorization Act for Fiscal Year 2001   Requires insurers to issue medigap coverage in certain cases, preempts state law governing wills, requires schools to provide access to military recruiters, and expands existing mandate governing access to criminal justice information
 
S. 2686   A bill to amend chapter 36 of title 39, United States Code, to modify rates relating to reduced rate mail matter, and for other purposes   Requires public entities to pay higher postage rates for some mail
 
S. 2697   Commodity Futures Modernization Act of 2000   Preempts certain state commodity laws
 
S. 2920   Indian Gaming Regulatory Improvement Act of 2000   Requires tribal governments to conduct background checks of some tribal employees
 
S. 3121   Small Business Reauthorization Act of 2000   Preempts state laws governing statutes of limitation
 
Intergovernmental Mandates with Costs That Could Not Be Estimated
 
H.R. 4680   Medicare Rx 2000 Act   Preempts certain state regulations and taxes on premiums

SOURCE: Congressional Budget Office.
NOTE: The threshold for intergovernmental mandates, which is adjusted annually for inflation, was $55 million in 2000.

 

Table A-3.
Bills Reviewed by the Congressional Budget Office in 2000 That Contained Private-Sector Mandates

Bill Number
(Committee)
  Name   Mandate

Private-Sector Mandates with Costs Exceeding the Statutory Threshold
 
Proposal
(House Budget)
  Minimum wage proposal letter to Chairman Kasich   Requires private and public employers to pay higher minimum wage rates than they do under current law
         
H.J. Res. 103   Joint resolution disapproving the extension of the waiver authority contained in section 402(c) of the Trade Act of 1974 with respect to the People's Republic of China   Increases tariff rates for importers of goods from the People's Republic of China
 
H.R. 984   Caribbean and Central America Relief and Economic Stabilization Act   Amends the Internal Revenue Code to limit prefunding of certain employee benefits
 
H.R. 4194   Small Business Merger Filing and Fee Elimination Act of 2000   Increases fees for some businesses that wish to merge with or acquire another business
 
H.R. 4227   Technology Worker Temporary Relief Act   Requires employers of H-1B visa holders to pay new fees and observe minimum salary conditions for those workers
 
H.R. 4857   Social Security Number Privacy and Identity Theft Prevention Act of 2000   Prohibits the buying or selling of Social Security numbers and prohibits firms from refusing to do business with someone who does not provide a Social Security number
 
Private-Sector Mandates with Costs Below the Statutory Threshold
 
Proposal   Military-Retiree Access to Comprehensive Healthcare Act (MATCH Act)   Requires medigap coverage for military retirees
 
H.R. 534   Motor Vehicle Franchise Contract Arbitration Fairness Act of 2000   Prohibits certain arbitration conditions in contracts between car manufacturers and car dealers
 
H.R. 940
(Senate)
  Lackawanna Valley National Heritage Area Act of 2000   Requires the Schuylkill River Greenway Association to develop management plans for the heritage areas
 
H.R. 1064   Serbia Democratization Act of 2000   Prohibits certain transactions with people or entities associated with Serbia and the government of Yugoslavia
 
H.R. 1102
(Senate)
  Retirement Security and Savings Act of 2000   Prohibits allocations of stock in an employee stock ownership plan of a subchapter S corporation
 
H.R. 1161   Financial Contract Netting Improvement Act of 2000   Requires insured depository institutions to keep more detailed records for certain financial contracts under banking and bankruptcy insolvency laws
 
H.R. 1283   Asbestos Compensation Act of 2000   Requires individuals filing new claims for compensation for injuries caused by exposure to asbestos, all attorneys representing those individuals, and businesses named as defendants by such individuals to participate in a new process
 
H.R. 1349   Federal Prisoner Health Care Copayment Act of 2000   Requires federal prisoners to make copayments for some health care visits
 
H.R. 1651
(Senate)
  Fisherman's Protective Act Amendments of 1999   Prohibits operators of certain vessels that hold federal boat permits from using aircraft to locate, catch, retain, or possess Atlantic bluefin tuna
 
H.R. 2166   Bear Protection Act of 1999   Prohibits the importation, exportation, and interstate trade of bear parts
 
H.R. 2260
(Senate)
  Pain Relief Promotion Act of 2000   Prohibits physicians registered to prescribe or administer federally controlled substances from using such substances in physician-assisted suicides
 
H.R. 2833   Yuma Crossing National Heritage Area Act of 2000   Requires the Yuma Crossing National Heritage Area Board of Directors to develop a management plan for the heritage area and conduct public meetings
 
H.R. 2987   Methamphetamine and Club Drug Anti-Proliferation Act of 2000   Prohibits the selling or transportation of certain items intended or designed for use in the manufacture of methamphetamines (such as speed) or for the introduction of such drugs into the human body
 
H.R. 3011   Truth in Telephone Billing Act of 1999   Requires telecommunications carriers to include certain information about government assessments on consumers' telephone bills; prohibits telecommunication carriers from collecting excess charges as government assessments
 
H.R. 3100   Know Your Caller Act of 2000   Requires commercial telephone solicitors to transmit specific information about the caller; prohibits such solicitors from using a person's name and telephone number for marketing purposes when requested
 
H.R. 3113   Unsolicited Commercial Electronic Mail Act of 2000   Requires all unsolicited commercial electronic mail to be identified as such, to explain how the consumer could stop receiving such e-mail, and to contain accurate information about the senders and how to contact them
 
H.R. 3125   Internet Gambling Prohibition Act of 2000   Prohibits certain gambling conducted over the Internet or an interactive computer service
 
H.R. 3171   National Health Museum Site Selection Act   Requires a nonprofit corporation to make annual reports to the GSA and the Congress
 
H.R. 3244 (Judiciary)   Trafficking Victims Protection Act of 2000   Prohibits some transactions involving foreign people identified as participants in human trafficking
 
H.R. 3439   Radio Broadcasting Preservation Act of 2000   Invalidates certain low-power FM radio station licenses
 
H.R. 3489 (Commerce)   Wireless Telecommunications Sourcing and Privacy Act   Expands the FCC's criteria for certifying equipment before manufacturers, importers, sellers, and those who modify scanning receivers can import or market it
 
H.R. 3489 (Judiciary)   Wireless Telecommunications Privacy Act of 2000   Expands the FCC's criteria for certifying equipment before manufacturers, importers, sellers, and those who modify scanning receivers can import or market it
 
H.R. 3535   Shark Finning Prohibition Act   Prohibits the practice of cutting off sharks' fins and discarding the creatures in the ocean
 
H.R. 3575   Student Athlete Protection Act   Prohibits gambling on competitive games involving amateur athletes, specifically high school, college, and Olympic athletes
 
H.R. 3671 (Resources)   Wildlife and Sport Fish Restoration Programs Improvement Act of 2000   Requires the International Association of Fish and Wildlife Agencies to prepare and submit priority lists for projects to be funded by a new grant program
 
H.R. 3676   Santa Rosa and San Jacinto Mountains National Monument Act of 2000   Prohibits commercial air-tour operations over the national monument
 
H.R. 3886   International Counter-Money Laundering and Foreign Anticorruption Act of 2000   Imposes new recordkeeping requirements regarding the identity, beneficial ownership, and transaction record of accounts opened and maintained by foreign financial institutions and people
 
H.R. 4030   Enhancement of Military Benefits Act   Requires insurers to issue medigap policies to some Medicare enrollees
 
H.R. 4049   Privacy Commission Act   Requires entities in the private sector, if subpoenaed, to provide testimony and evidence related to matters that the privacy commission investigates
 
H.R. 4205
(Armed Services)
  National Defense Authorization Act for Fiscal Year 2001   Requires recipients of military equipment to ensure that the equipment is demilitarized; requires insurers to issue medigap policies to some Medicare enrollees
 
H.R. 4205
(Armed Services)
  Amendment to H.R. 4205, the National Defense Authorization Act for Fiscal Year 2001   Requires insurers to issue medigap policies to some Medicare enrollees
 
H.R. 4205   National Defense Authorization Act for Fiscal Year 2001 (Comparison of two proposals)   Requires insurers to issue medigap policies to some Medicare enrollees
 
H.R. 4251   Congressional Oversight of Nuclear Transfers to North Korea Act of 2000   Places new restrictions on the export of certain nuclear-related items to North Korea
 
H.R. 4541
(Banking and Financial Services)
  Commodity Futures Modernization and Financial Contract Netting Improvement Act of 2000   Requires registered futures associations to adopt new rules for their members; authorizes customer protection regulations that apply to sales practices relating to retail swap transactions
 
H.R. 4640   DNA Analysis Backlog Elimination Act of 2000   Requires people who have been convicted of certain federal offenses to submit DNA samples to federal authorities on demand
 
H.R. 4680   Medicare Rx 2000 Act   Bars medigap insurers from providing coverage of prescription drug expenses for certain individuals
 
H.R. 4717   Full and Fair Political Activity Disclosure Act of 2000   Requires some private, nonprofit organizations to disclose their political expenditures and contributions to the Internal Revenue Service
 
H.R. 4721   An act to provide for all right, title, and interest in and to certain property in Washington County, Utah, to be vested in the United States   Requires the owner of certain property in the Red Cliffs Reserve to confer the property to the federal government
 
H.R. 4843   Comprehensive Retirement Security and Pension Reform Act of 2000   Prohibits allocations of stock in an employee stock ownership plan of a subchapter S corporation
 
H.R. 4868
(Senate Finance)
  Miscellaneous Trade and Technical Corrections Act of 2000   Prohibits commercial activities involving products that contain cat or dog fur and prohibits importation of certain foreign-made cigarettes
 
H.R. 4868
(Ways and Means)
  Miscellaneous Trade and Technical Corrections Act of 2000   Prohibits commercial activities involving products that contain cat or dog fur
 
H.R. 5272   Peace Through Negotiations Act of 2000   Prohibits exports of certain defense-related items to a unilaterally declared Palestinian state or related entity
 
S. 345   A bill to amend the Animal Welfare Act to remove the limitation that permits interstate movement of live birds   Prohibits the interstate movement of live birds for the purpose of fighting
 
S. 353   Class Action Fairness Act of 2000   Requires class counsels to make notifications and disclosures to the attorneys general of all states in which a class member resides
 
S. 783   James Guelff Body Armor Act of 2000   Requires some felons to obtain written certification from their employer indicating that body armor is necessary to conduct lawful business activity
 
S. 1109   Bear Protection Act of 1999   Prohibits the importation, exportation, and interstate trade of bear parts
 
S. 1515   Radiation Exposure Compensation Act Amendments of 1999   Reduces the limit on attorneys' fees under the Radiation Exposure Compensation Act
 
S. 1515
(House Judiciary)
  Radiation Exposure Compensation Act Amendments of 1999   Reduces the limit on attorneys' fees under the Radiation Exposure Compensation Act
 
S. 1586   Indian Land Consolidation Act Amendments of 2000   Implements new eligibility requirements for the inheritance of fractional interests in Indian trust and restricted lands
 
S. 1754   Denying Safe Havens to International and War Criminals Act of 1999   Expands the federal courts' power to compel testimony in connection with requests for legal assistance from foreign governments
 
S. 1854   Hart-Scott-Rodino Antitrust Improvements Act of 2000   Increases fees for some businesses that wish to merge with or acquire another business
 
S. 1898   Interstate Transportation of Dangerous Criminals Act of 2000   Imposes standards and conditions on companies that transport violent prisoners from one state to another
 
S. 1911   Atlantic Highly Migratory Species Conservation Act of 1999   Prohibits certain longline commercial fishing in parts of the Atlantic Ocean; imposes new fees on swordfish dealers and new requirements on longline vessels
 
S. 1950   Powder River Basin Resource Development Act of 2000   Requires certain resource developers to participate in a new dispute-resolution process
 
S. 1998   Yuma Crossing National Heritage Area Act of 1999   Requires the Yuma Crossing National Heritage Area Board of Directors to develop a management plan for the heritage area and to assist local governments and other organizations in activities regarding the heritage area
 
S. 2029   Know Your Caller Act of 2000   Requires commercial telephone solicitors to transmit specific information about the caller; prohibits such solicitors from using a person's name and telephone number for marketing purposes when requested
 
S. 2045   American Competitiveness in the Twenty-First Century Act of 2000   Prohibits "H-1B-dependent" employers from hiring H-1B visa holders within 90 days of firing another employee from a similar position
 
S. 2046   Next Generation Internet 2000   Requires the National Academy of Sciences, a nonprofit institution, to conduct a study of rural and low-income Americans' access to the Internet
 
S. 2071   Electric Reliability 2000 Act   Requires all users of the bulk power system to abide by standards set by the private electric reliability organization and directs that organization and each regional affiliate to assess fees
 
S. 2087   Military Health Care Improvements Act of 2000   Requires insurers to issue medigap policies to some Medicare enrollees
 
S. 2107   Competitive Market Supervision Act   Requires each national securities exchange and national securities association to file monthly estimates of certain fees with the Securities and Exchange Commission
 
S. 2247   Wheeling National Heritage Area Act of 2000   Requires the Wheeling National Heritage Area Corporation to implement the current management plan for the area to assist local governments and other organizations and imposes specific prohibitions on the acquisition of property
 
S. 2340   Amateur Sports Integrity Act   Prohibits any wagering on amateur sports and requires colleges to compile and report gambling information and policies
 
S. 2382   Technical Assistance, Trade Promotion, and Anti-Corruption Act of 2000   Increases the amount of the bond required if carriers wish to submit forms after the departure of international cargo and prohibits certain transactions involving Serbia and the government of Yugoslavia
 
S. 2420   Long-Term Care Security Act and Federal Erroneous Retirement Coverage Corrections Act   Requires the government of the District of Columbia and Gallaudet University to correct errors associated with the enrollment of employees in federal retirement plans
 
S. 2438   Pipeline Safety Improvement Act of 2000   Imposes new requirements on operators of natural gas and hazardous-liquid pipelines
 
S. 2440   Airport Security Improvement Act of 2000   Imposes new hiring procedures and training standards for airport security workers, accelerates FAA requirements, and requires the FAA to tighten security procedures in specific airports
 
S. 2549   National Defense Authorization Act for Fiscal Year 2001   Requires insurers to issue medigap policies to some Medicare enrollees; requires secondary schools to provide military recruiters with access to students and students' information or to vote to deny such access
 
S. 2677   Zimbabwe Democracy Act of 2000   Prohibits certain defense-related exports to Zimbabwe
 
S. 2686   A bill to amend chapter 36 of title 39, United States Code, to modify rates relating to reduced rate mail matter, and for other purposes   Increases postage rates for some types of mail
 
S. 2697   Commodity Futures Modernization Act of 2000   Requires a registered futures association to adopt rules for specific people who recommend a purchase or sale of a futures on a security
 
S. 2873   A bill to provide all right, title, and interest in and to certain property in Washington County, Utah, to be vested in the United States   Requires the owner of certain property in the Red Cliffs Reserve to confer the property to the federal government
 
S. 3001   Grain Standards and Warehouse Improvement Act of 2000   Extends fees on grain exporters for services provided by the Federal Grain Inspection Service
 
Private-Sector Mandates with Costs That Could Not Be Estimated
 
H.R. 1776   American Homeownership and Economic Opportunity Act of 2000   Increases fees for builders of manufactured housing by expanding the activities covered by those fees
 
H.R. 4441   Motor Carrier Fuel Cost Equity Act of 2000   Requires motor carriers, brokers, and freight forwarders to assess a surcharge or other fuel cost adjustment in any new contract or agreement with shippers and to pass on any fuel adjustment to independent truckers whom they hire to transport the freight and who are responsible for purchasing the fuel
 
H.R. 4444   An act to authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the People's Republic of China   Broadens the conditions under which the U.S. government could impose trade restrictions on imports of Chinese goods that are found to seriously harm or threaten domestic production of competing or similar goods
 
H.R. 4541 (Commerce)   Commodity Futures Modernization Act of 2000   Imposes privacy requirements on all people or entities subject to the jurisdiction of the Commodity Futures Trading Commission; requires registered futures associations to also become registered national securities associations
 
H.R. 4585   Medical Financial Privacy Protection Act   Requires financial institutions to obtain affirmative consent from customers whose individually identifiable health information they intend to share with an affiliate or a nonaffiliated third party; gives customers the right to review, inspect, and correct such information held by financial institutions
 
S. 876   Children's Protection from Violent Programming Act   Prohibits the transmission of certain violent programs to the public during specific hours unless the programs can be blocked electronically
 
S. 1452   Manufactured Housing Improvement Act   Increases fees for builders of manufactured housing by expanding the activities covered by those fees

SOURCE: Congressional Budget Office.
NOTES: The threshold for private-sector mandates, which is adjusted annually for inflation, was $109 million in 2000.
H-1B workers are skilled foreigners admitted temporarily to the United States to work for U.S. employers; FCC = Federal Communications Commission; FAA = Federal Aviation Administration; GSA = General Services Administration.

No intergovernmental mandates, and only two private-sector mandates, with costs above the threshold were enacted into law in 2000. One of the private-sector mandates comprised the revenue-raising provisions in the Taxpayer Relief and Tax Extenders Act (P.L. 106-170). That law adjusts certain taxes to raise revenues in order to offset costs imposed by other provisions of the law. The second mandate alters the method by which minimum prices are set for fluid milk in various regions of the country. It was enacted in the Fiscal Year 2000 Consolidated Appropriations Act (P.L. 106-113).

In addition, CBO identified about 75 bills last year containing provisions that would have resulted in other costs to state, local, or tribal governments--costs that were not the result of mandates as defined by UMRA. As in previous years, most of those provisions dealt with conditions for receiving federal aid or participating in a voluntary federal program. In such cases, state, local, and tribal governments are subject to the conditions imposed by the federal government only if they choose to participate in the program or accept federal funds.

Bills with some of the most significant of those other costs involved the Medicaid program. For example, CBO reviewed a provision in H.R. 4577, the Medicare Outpatient Drug Act of 2000, that would establish a voluntary outpatient prescription drug benefit for Medicare beneficiaries (some of whose benefits are paid by Medicaid) beginning in 2003. CBO estimated that because states share the costs of Medicaid, state spending for that program would increase by about $1 billion over a five-year period. Such costs would result from additional administrative expenses, higher drug costs, and, in particular, higher enrollment rates among low-income beneficiaries.

Of the 410 public laws enacted in 2000, about 7 percent (30 laws) contained an intergovernmental mandate as UMRA defines it (see Table A-4). By CBO's estimate, none of those mandates will impose annual costs on state, local, or tribal governments that exceed the thresholds. Ten of the laws enacted in 2000 contained intergovernmental mandates that CBO had not reviewed at some point during the legislative process. In none of those cases, however, does CBO estimate that the costs of the mandates will be significant.
 


Table A-4.
Laws Enacted in 2000 That Contained Intergovernmental Mandates

Public Law Name   Mandate   Does Law
Contain
a Mandate
Not Reviewed
by CBO?
Do
Costs
Exceed
Threshold?a

106-179 Indian Tribal Economic Development and Contract Encouragement Act of 2000   Requires tribes to include a statement about sovereign immunity in certain contracts   No No
 
106-180 Open-Market Reorganization for the Betterment of International Telecommunications Act   Preempts state laws regarding immunity and privileges for Comsat   Yes No
 
106-181 Wendell H. Ford Aviation Investment and Reform Act for the 21st Century   Preempts state authority over providers of disaster counseling; preempts state liability laws; limits authority of local governments to site municipal landfills within six miles of certain airports; limits authority over passenger facility fees and revenues from other fees   Yes No
 
106-197 An act to exempt certain reports from automatic elimination and sunset pursuant to the Federal Reports Elimination and Sunset Act of 1995, and for other purposes   Requires states to report encryption information to the Administrative Office of the U.S. Courts   No No
 
106-210 Muhammad Ali Boxing Reform Act   Requires state boxing commissions to establish certain procedures   No No
 
106-224 Agricultural Risk Protection Act of 2000   Preempts state regulation, in foreign or interstate commerce, of plant pests or noxious weeds   Yes No
 
106-226 An act to provide that the School Governance Charter Amendment Act of 2000 shall take effect upon the date such Act is ratified by the voters of the District of Columbia   Preempts the charter of the District of Columbia to allow an amendment to take effect immediately upon ratification by voters   No No
 
106-229 Electronic Signatures in Global and National Commerce Act   Preempts state laws regulating signature requirements   No No
 
106-244 An act to amend title I of the Employee Retirement Income Security Act of 1974 to provide for the preemption of State law in certain cases relating to certain church plans   Preempts state insurance laws relating to some health plans provided by churches   Yes No
 
106-246 An act making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes   Preempts local zoning laws in conflict with construction activities   Yes No
 
106-252 Mobile Telecommunications Sourcing Act   Preempts state and local laws by prohibiting taxation of wireless telecommunications except as specified by the law   No No
 
106-265 Long-Term Care Security Act   Preempts state contract laws when the federal government contracts for health care; changes the way in which the District of Columbia must correct certain errors in retirement plans   No No
 
106-278 Lackawanna Valley National Heritage Area Act of 2000   Requires the Lackawanna Valley Heritage Authority to prepare a management plan and undertake certain activities   No No
 
106-291 An act making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 2001, and for other purposes   Restricts use of land held in trust for a Native American tribe   Yes No
 
106-311 An act to increase the amount of fees charged to employers who are petitioners for the employment of H-1B non-immigrant workers, and for other purposes   Requires states as employers to pay a higher fee to hire workers with H-1B visas   No No
 
106-382 Fort Peck Reservation Rural Water System Act of 2000   Requires public entities to prepare a water conservation plan   No No
 
106-384 An act to amend chapter 36 of title 39, United States Code, to modify rates relating to reduced rate mail matter, and for other purposes   Increases postage rates for some agencies of state and local governments   No No
 
106-386 Victims of Trafficking and Violence Protection Act of 2000   Preempts state laws and requires certain property to be forfeited to the federal government; broadens existing mandates governing notification requirements when protective orders are issued   No No
 
106-387 An act making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2001, and for other purposes   Limits how state and local governments may finance sales of agricultural commodities to Cuba   Yes No
 
106-397 District of Columbia Receivership Accountability Act of 2000   Requires court-appointed receivers in the District of Columbia to adopt certain managerial processes   No No
 
106-398 An act to authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes   Preempts state laws governing wills; requires schools to allow access to military recruiters; extends requirement that insurers issue medigap coverage to some Medicare beneficiaries; requires names and Social Security numbers of felons to be submitted for certain purposes   Yes No
 
106-446 An act to amend title 10, United States Code, to facilitate the adoption of retired military working dogs by law enforcement agencies, former handlers of these dogs, and other persons capable of caring for these dogs   Preempts state liability laws as they relate to certain lawsuits arising from dog adoptions   Yes No
 
106-469 Energy Act of 2000   Preempts state and local regulations controlling sales of some petroleum products   Yes No
 
106-489 An act to amend title 46, United States Code, to provide equitable treatment with respect to State and local income taxes for certain individuals who perform duties on vessels   Prohibits state and local governments from imposing income taxes on certain individuals   No No
 
106-505 Public Health Improvement Act   Preempts some state liability laws   No No
 
106-522 An act making appropriations for the government of the District of Columbia, and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2001, and for other purposes   Imposes new reporting requirements on the Mayor and departments of the District of Columbia   Yes No
 
106-528 Airport Security Improvement Act of 2000   Requires owners and operators of public airports to improve airport security   No No
 
106-554 An act making consolidated appropriations for the fiscal year ending September 30, 2001, and for other purposes   Preempts state laws affecting certain transactions conducted in markets regulated by the Commodities Futures Trading Commission and the Securities and Exchange Commission; limits states' options for securing a creditor's interest in student loans; preempts certain state liability laws regarding independent contractors   Yes No
 
106-566 Hawaii Water Resources Act of 2000   Requires the state of Hawaii to pay half of the cost of a study   No No
 
106-569 American Homeownership and Economic Opportunity Act of 2000   Preempts states' authority to set standards for installing manufactured housing   No No

SOURCE: Congressional Budget Office.
a. The threshold for intergovernmental mandates, which is adjusted annually for inflation, was $55 million in 2000.



1. Congressional Budget Office, An Assessment of the Unfunded Mandates Reform Act in 1999 (March 2000), An Assessment of the Unfunded Mandates Reform Act in 1998 (February 1999), An Assessment of the Unfunded Mandates Reform Act in 1997 (February 1998), and The Experience of the Congressional Budget Office During the First Year of the Unfunded Mandates Reform Act (January 1997).


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