I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mandate Prevention 

5 Act of 2010’’. 

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1 SEC. 2. LEGISLATION SUBJECT TO POINT OF ORDER. 

2 (a) IN GENERAL.—Section 425(a) of the Congres3 sional Budget Act of 1974 is amended by striking ‘‘and’’ 

4 at the end of paragraph (1), by striking the period at the 

5 end of paragraph (2) and by inserting ‘‘; and’’, and by 

6 adding at the end the following new paragraph: 

7 ‘‘(3) Any bill, joint resolution, amendment, mo8 tion, or conference report that would increase the di9 rect costs of Federal private sector mandates by an 

10 amount that causes the thresholds specified in sec11 tion 424(b)(1) to be exceeded, unless— 

12 ‘‘(A) the bill, joint resolution, amendment, 

13 motion, or conference report provides new budg14 et authority or new entitlement authority in the 

15 House of Representatives or direct spending au16 thority in the Senate for each fiscal year for 

17 such mandates included in the bill, joint resolu18 tion, amendment, motion, or conference report 

19 in an amount equal to or exceeding the direct 

20 costs of such mandate; or 

21 ‘‘(B) the bill, joint resolution, amendment, 

22 motion, or conference report includes an au23 thorization for appropriations in an amount 

24 equal to or exceeding the direct costs of such 

25 mandate, and— 

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1 ‘‘(i) identifies a specific dollar amount 

2 of the direct costs of such mandate for 

3 each year up to 10 years during which 

4 such mandate shall be in effect under the 

5 bill, joint resolution, amendment, motion 

6 or conference report, and such estimate is 

7 consistent with the estimate determined 

8 under subsection (e) for each fiscal year; 

9 ‘‘(ii) identifies any appropriation bill 

10 that is expected to provide for Federal 

11 funding of the direct cost referred to under 

12 clause (i); and 

13 ‘‘(iii)(I) provides that for any fiscal 

14 year the responsible Federal agency shall 

15 determine whether there are insufficient 

16 appropriations for that fiscal year to pro17 vide for the direct costs under clause (i) of 

18 such mandate, and shall (no later than 30 

19 days after the beginning of the fiscal year) 

20 notify the appropriate authorizing commit21 tees of Congress of the determination and 

22 submit either— 

23 ‘‘(aa) a statement that the agen24 cy has determined, based on a re-esti25 mate of the direct costs of such manmstockstill on DSKH9S0YB1PROD with BILLS

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1 date, after consultation with State, 

2 local, and tribal governments, that the 

3 amount appropriated is sufficient to 

4 pay for the direct costs of such man5 date; or 

6 ‘‘(bb) legislative recommenda7 tions for either implementing a less 

8 costly mandate or making such man9 date ineffective for the fiscal year; 

10 ‘‘(II) provides for expedited proce11 dures for the consideration of the state12 ment or legislative recommendations re13 ferred to in subclause (I) by Congress no 

14 later than 30 days after the statement or 

15 recommendations are submitted to Con16 gress; and 

17 ‘‘(III) provides that such mandate 

18 shall— 

19 ‘‘(aa) in the case of a statement 

20 referred to in subclause (I)(aa), cease 

21 to be effective 60 days after the state22 ment is submitted unless Congress 

23 has approved the agency’s determina24 tion by joint resolution during the 60- 

25 day period; 

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1 ‘‘(bb) cease to be effective 60 

2 days after the date the legislative rec3 ommendations of the responsible Fed4 eral agency are submitted to Congress 

5 under subclause (I)(bb) unless Con6 gress provides otherwise by law; or 

7 ‘‘(cc) in the case that such man8 date that has not yet taken effect, 

9 continue not to be effective unless 

10 Congress provides otherwise by law.’’. 

11 (b) COMMITTEE ON APPROPRIATIONS.—Section 

12 425(c)(1) of the Congressional Budget Act of 1974 is 

13 amended by inserting ‘‘or a Federal private sector man14 date’’ after ‘‘Federal intergovernmental mandate’’ each 

15 place it appears. 

16 (c) DETERMINATIONS OF FEDERAL PRIVATE SECTOR

17 MANDATE LEVELS.—Section 425(e) of the Congressional 

18 Budget Act of 1974 is amended by inserting ‘‘and Federal 

19 private sector mandates’’ after ‘‘Federal mandates’’. 

20 SEC. 3. UNFUNDED MANDATES POINT OF ORDER IN THE 

21 RULES OF THE HOUSE OF REPRESENTA22 TIVES. 

23 Clause 11(b) of rule XVIII of the Rules of the House 

24 of Representatives is amended by inserting before the pe25 riod the following: ‘‘or a Federal private sector mandate 

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1 the direct costs of which exceed the threshold otherwise 

2 specified for a reported bill or joint resolution in section 

3 424(b)(1) of such Act’’. 

4 SEC. 4. EQUALIZATION OF THRESHOLD BETWEEN PRIVATE 

5 SECTOR AND INTERGOVERNMENTAL MAN6 DATES. 

7 Section 424(b)(1) of the Congressional Budget Act 

8 of 1974 is amended by striking ‘‘$100,000,000’’ and in9 serting ‘‘$50,000,000’’. 

Æ 

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