Unfunded Mandates Reform Act: History, Impact, and Issues

[Excerpt] The Unfunded Mandates Reform Act of 1995 (UMRA) established requirements for enacting certain legislation and issuing certain regulations that would impose enforceable duties on state, local, or tribal governments or on the private sector. UMRA refers to obligations imposed by such legislation and regulations as “mandates” (either “intergovernmental” or “private sector,” depending on the entities affected). The direct cost to affected entities of meeting these obligations are referred to as “mandate costs,” and when the federal government does not provide funding to cover these costs, the mandate is termed “unfunded.” UMRA incorporates numerous definitions, exclusions, and exceptions that specify what forms and types of mandates are subject to its requirements, termed “covered mandates.” Covered mandates do not include many federal actions with potentially significant financial impacts on nonfederal entities. This report’s primary purpose is to describe the kinds of legislative and regulatory provisions that are subject to UMRA’s requirements, and, on this basis, to assess UMRA’s impact on federal mandates. The report also examines debates that occurred, both before and since UMRA’s enactment, concerning what kinds of provisions UMRA ought to cover, and considers the implications of experience under UMRA for possible future revisions of its scope of coverage. This report also describes the requirements UMRA imposes on congressional and agency actions to establish covered mandates. For most legislation and regulations covered by UMRA, these requirements are only informational. For reported legislation that would impose covered mandates on the intergovernmental or private sectors, UMRA requires the Congressional Budget Office (CBO) to provide an estimate of mandate costs. Similarly, for regulations that would impose covered mandates on the intergovernmental or private sectors, UMRA requires that the issuing agency provide an estimate of mandate costs (although the specifics of the estimates required for legislation and for regulations differ somewhat). Also, solely for legislation that would impose covered intergovernmental mandates, UMRA establishes a point of order in each house of Congress through which the chamber can decline to consider the legislation. This report examines UMRA’s implementation, focusing on the respective requirements for mandate cost estimates on legislation and regulations, and on the point of order procedure for legislation proposing unfunded intergovernmental mandates

Trade Promotion Authority (TPA): Frequently Asked Questions

Legislation to reauthorize Trade Promotion Authority (“TPA”), sometimes called “fast track,” was introduced as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA- 2015; H.R. 1890/S. 995) on April 16, 2015. The legislation was reported by the Senate Finance Committee on April 22, 2015, and by the House Ways and Means Committee the next day. TPA, as incorporated into H.R. 1314 by substitute amendment, passed the Senate on May 22 by a vote of 62-37. In the House of Representatives, the measure was voted on under a procedure known as “division of the question,” which requires separate votes on each component, but approval of both to pass. Voting on June 12, TPA (Title I) passed by a vote of 219-211, but TAA (Title II) was defeated 126-302. A motion to reconsider that vote was laid by Speaker Boehner shortly after that vote. The previous grant of authority expired on July 1, 2007. TPA requires that if the President negotiates an international trade agreement that would reduce tariff or non-tariff barriers to trade in ways that require changes in U.S. law, the United States can implement the agreement only through the enactment of legislation. If the trade agreement and the process of negotiating it meet certain requirements, TPA allows Congress to consider the required implementing bill under expedited (“fast track”) procedures, pursuant to which the bill may come to the floor without action by the leadership, and can receive a guaranteed up-or-down vote with no amendments. Under TPA, an implementing bill may be eligible for this expedited consideration if (1) the trade agreement was negotiated during the limited time period for which TPA is in effect; (2) the agreement advances a series of U.S. trade negotiating objectives specified in the TPA statute; (3) the negotiations were conducted in conjunction with an extensive array of required notifications to and consultations with Congress and other stakeholders; and (4) the President submits to Congress a draft implementing bill, which must meet specific content requirements, and a range of required supporting information. If, in any given case, Congress judges that these requirements have not been met, TPA provides mechanisms through which the eligibility of the implementing bill for expedited consideration may be withdrawn in one or both chambers. The most recent previous renewal of TPA covered agreements reached between December 2002 and the end of June 2007. Current legislation would apply to agreements reached before July 1, 2018, with a possible extension to July 1, 2021. The United States is now engaged in several sets of trade agreement negotiations. Legislation to reauthorize TPA was introduced, but not considered, in the 113th Congress. The issue of TPA reauthorization raises a number of questions regarding TPA itself and the pending legislation. This report addresses a number of those questions that are frequently asked, including the following: What is trade promotion authority? Is TPA necessary? What are trade negotiating objectives and how are they reflected in TPA statutes? What requirements does Congress impose on the President under TPA? Does TPA affect congressional authority on trade policy

Trade Promotion Authority (TPA): Frequently Asked Questions

Trade Promotion Authority (TPA), formerly called fast track, is the authority Congress has granted to the President for limited periods of time to negotiate reciprocal trade agreements. The authority lays out U.S. trade negotiating objectives, procedures for congressional-executive notification and consultation, and expedited legislative procedures under which bills implementing trade agreements negotiated by the executive branch are to be considered. The most recent authority was enacted in December 2002 and expired as of July 1, 2007. Legislation to reauthorize TPA has been introduced in the 113th Congress. The United States is engaged in several sets of trade agreement negotiations. The issue of TPA reauthorization has raised a number of questions regarding TPA itself and the pending legislation. This report addresses a number of those questions that are frequently asked, including: • What is trade promotion authority? • Is TPA necessary? • What are trade negotiating objectives and how are they reflected in TPA statutes? • What requirements does Congress impose on the President under TPA? • Does TPA affect congressional authority on trade policy

Cancer as a Chronic Disease

Cancers which were once fatal are increasingly able to be managed as chronic diseases. While most metastatic cancers in adults may not be curable, they often can be controlled for long periods of time with a succession of treatments. In this chapter in Cancer Concepts: A Guidebook for the Non-Oncologist, we will examine those cancers with longer natural histories and those with extended survivals due to therapeutic advances. Finally, several cases will be presented that exemplify this new paradigm of cancer as a chronic disease.https://escholarship.umassmed.edu/cancer_concepts/1028/thumbnail.jp

Cloture Attempts on Nominations

Cloture is the only means by which the Senate can vote to limit debate on a matter, and thereby overcome a possible filibuster. Until 1949, cloture could not be invoked on nominations, and before 1980 this action was attempted only twice. From 1949 through 2002, cloture was sought on 35 nominations, and invoked on 21. Only three of the 35 nominees were not confirmed; all three were among those on whom the Senate rejected cloture. Except in the 103rd Congress (1993-1994), most of the nominations involved have been judicial. The 103rd and 107th Congress are the only ones in which cloture was sought on more than three nominations

The Discharge Rule in the House: Principal Features and Uses

The “discharge rule” of the House of Representatives allows a measure to come to the floor for consideration, even if the committee of referral does not report it and the leadership does not schedule it. To initiate this action, a majority of House Members must first sign a petition for that purpose. The rule permits either (1) the committee of referral to be discharged from the measure itself; or (2) the Committee on Rules to be discharged from a special rule for considering the measure. Layover periods required by the rule permit the Committee on Rules to preempt a discharge attempt, and recover control of the floor agenda, by securing adoption of an alternative special rule for considering the measure

House Conferees: Selection

A conference committee is composed of a House and a Senate delegation appointed to reconcile the differences between the versions of a measure passed by the two chambers. Congress usually uses a conference committee to resolve such disagreements on the more important, controversial, or complex measures. The members of each chamber’s delegation are known as its conferees or, more formally, “managers.” This report discusses how House conferees are selected