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Mandates Analysis of Section 922 of the Conference Report for H.R. 644 1 (January 29, 2016)

handle is hein.congrec/cbo2731 and id is 1 raw text is: 


CONGRESSIONAL  BUDGET OFFICE                                   Keith Hall, Director
U.S. Congress
Washington, DC 20515


                           January 29, 2016



Honorable Bernie Sanders
Ranking Member
Committee  on the Budget
United States Senate
Washington, DC  20510

Re: Mandates analysis of section 922 of the conference report for H.R. 644

Dear Senator:

As requested by your staff, CBO has estimated the costs to state and local
governments  of the intergovernmental mandate contained in Section 922 of
the conference report for H.R. 644, the Trade Facilitation and Trade
Enforcement Act of 2015.

Section 922 would make permanent  an existing moratorium on the ability
of state and local governments to impose taxes on Internet access or on
certain electronic commerce. That prohibition on taxation, which expires on
October 1, 2016, under current law, is an intergovernmental mandate as
defined in the Unfunded Mandates Reform Act (UMRA).  Section 922 also
would extend the ability of state and local governments that had been
collecting such taxes prior to October 1, 1998, to continue collecting such
taxes, but only through June 2020. (Those governments are commonly
referred to as the grandfathered states.)

Beginning in July 2020, the grandfathered states would lose their ability to
collect such taxes, and CBO estimates that the cost of the mandate (falling
primarily on those states) would then increase significantly and probably
would total more than $100 million in the final three months of fiscal year
2020 (July through September). The cost of the mandate would total more
than several hundred million dollars annually thereafter, CBO estimates.
(The threshold established in UMRA for intergovernmental mandates is
$77 million in 2016 and would total $84 million in 2020, with adjustments
for inflation.)

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