[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5818 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5818

To amend title IV of the Congressional Budget Act of 1974 and the Rules 
of the House of Representatives to make Federal private sector mandates 
          subject to a point of order, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2010

  Mr. Garrett of New Jersey introduced the following bill; which was 
referred to the Committee on Rules, and in addition to the Committee on 
the Budget, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title IV of the Congressional Budget Act of 1974 and the Rules 
of the House of Representatives to make Federal private sector mandates 
          subject to a point of order, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mandate Prevention Act of 2010''.

SEC. 2. LEGISLATION SUBJECT TO POINT OF ORDER.

    (a) In General.--Section 425(a) of the Congressional Budget Act of 
1974 is amended by striking ``and'' at the end of paragraph (1), by 
striking the period at the end of paragraph (2) and by inserting ``; 
and'', and by adding at the end the following new paragraph:
            ``(3) Any bill, joint resolution, amendment, motion, or 
        conference report that would increase the direct costs of 
        Federal private sector mandates by an amount that causes the 
        thresholds specified in section 424(b)(1) to be exceeded, 
        unless--
                    ``(A) the bill, joint resolution, amendment, 
                motion, or conference report provides new budget 
                authority or new entitlement authority in the House of 
                Representatives or direct spending authority in the 
                Senate for each fiscal year for such mandates included 
                in the bill, joint resolution, amendment, motion, or 
                conference report in an amount equal to or exceeding 
                the direct costs of such mandate; or
                    ``(B) the bill, joint resolution, amendment, 
                motion, or conference report includes an authorization 
                for appropriations in an amount equal to or exceeding 
                the direct costs of such mandate, and--
                            ``(i) identifies a specific dollar amount 
                        of the direct costs of such mandate for each 
                        year up to 10 years during which such mandate 
                        shall be in effect under the bill, joint 
                        resolution, amendment, motion or conference 
                        report, and such estimate is consistent with 
                        the estimate determined under subsection (e) 
                        for each fiscal year;
                            ``(ii) identifies any appropriation bill 
                        that is expected to provide for Federal funding 
                        of the direct cost referred to under clause 
                        (i); and
                            ``(iii)(I) provides that for any fiscal 
                        year the responsible Federal agency shall 
                        determine whether there are insufficient 
                        appropriations for that fiscal year to provide 
                        for the direct costs under clause (i) of such 
                        mandate, and shall (no later than 30 days after 
                        the beginning of the fiscal year) notify the 
                        appropriate authorizing committees of Congress 
                        of the determination and submit either--
                                    ``(aa) a statement that the agency 
                                has determined, based on a re-estimate 
                                of the direct costs of such mandate, 
                                after consultation with State, local, 
                                and tribal governments, that the amount 
                                appropriated is sufficient to pay for 
                                the direct costs of such mandate; or
                                    ``(bb) legislative recommendations 
                                for either implementing a less costly 
                                mandate or making such mandate 
                                ineffective for the fiscal year;
                            ``(II) provides for expedited procedures 
                        for the consideration of the statement or 
                        legislative recommendations referred to in 
                        subclause (I) by Congress no later than 30 days 
                        after the statement or recommendations are 
                        submitted to Congress; and
                            ``(III) provides that such mandate shall--
                                    ``(aa) in the case of a statement 
                                referred to in subclause (I)(aa), cease 
                                to be effective 60 days after the 
                                statement is submitted unless Congress 
                                has approved the agency's determination 
                                by joint resolution during the 60-day 
                                period;
                                    ``(bb) cease to be effective 60 
                                days after the date the legislative 
                                recommendations of the responsible 
                                Federal agency are submitted to 
                                Congress under subclause (I)(bb) unless 
                                Congress provides otherwise by law; or
                                    ``(cc) in the case that such 
                                mandate that has not yet taken effect, 
                                continue not to be effective unless 
                                Congress provides otherwise by law.''.
    (b) Committee on Appropriations.--Section 425(c)(1) of the 
Congressional Budget Act of 1974 is amended by inserting ``or a Federal 
private sector mandate'' after ``Federal intergovernmental mandate'' 
each place it appears.
    (c) Determinations of Federal Private Sector Mandate Levels.--
Section 425(e) of the Congressional Budget Act of 1974 is amended by 
inserting ``and Federal private sector mandates'' after ``Federal 
mandates''.

SEC. 3. UNFUNDED MANDATES POINT OF ORDER IN THE RULES OF THE HOUSE OF 
              REPRESENTATIVES.

    Clause 11(b) of rule XVIII of the Rules of the House of 
Representatives is amended by inserting before the period the 
following: ``or a Federal private sector mandate the direct costs of 
which exceed the threshold otherwise specified for a reported bill or 
joint resolution in section 424(b)(1) of such Act''.

SEC. 4. EQUALIZATION OF THRESHOLD BETWEEN PRIVATE SECTOR AND 
              INTERGOVERNMENTAL MANDATES.

    Section 424(b)(1) of the Congressional Budget Act of 1974 is 
amended by striking ``$100,000,000'' and inserting ``$50,000,000''.
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