This report examines debates regarding what constitutes an "unfunded federal mandate" and the Unfunded Mandates Reform Act of 1995's (UMRA) implementation. It focuses on UMRA's requirement that the Congressional Budget Office (CBO) issue written cost estimate statements for federal mandates in legislation, its procedures for raising points of order in the House and Senate concerning unfunded federal mandates in legislation, and its requirement that federal agencies prepare written cost estimate statements for federal mandates in rules. It also assesses UMRA's impact on federal mandates and arguments concerning UMRA's future, focusing on UMRA's definitions, exclusions, and exceptions which currently exempt many federal actions with potentially significant financial impacts on nonfederal entities.

This report provides background information on Environmental Protection Agency (EPA) regulatory activity during the Obama Administration to help address these issues. It examines major or controversial regulatory actions taken by or under development at EPA since January 2009, providing details on the regulatory action itself, presenting an estimated timeline for completion of the rule (including identification of related court or statutory deadlines), and, in general, providing EPA's estimates of costs and benefits, where available. The report includes tables that show which rules remain under development, and an appendix that describes major or controversial rules that are now final.

This report discusses the Patient Protection and Affordable Care Act (ACA, P.L. 111-148) and the Reconciliation Act of 2010 (P.L. 111-152) that impose a fee on certain for-profit health insurers, starting in 2014.

This report offers a preliminary analysis of major policy issues and potential implications that appear to be most relevant as the House and Senate prepare for the ruling and decide whether or how to respond.