I 111th CONGRESS 2d Session H. R. 5818 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.

1.

Short title

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

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.

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.

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.