text: 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''.
target: Mandate Prevention Act of 2010 - Amends the Congressional Budget Act of 1974 (CBA) to make it out of order to consider in either chamber of Congress any legislation that would increase the direct costs of federal private sector mandates by an amount that causes the applicable thresholds to be exceeded, unless the legislation: (1) provides new budget or entitlement authority in the House of Representatives or direct spending authority in the Senate for each fiscal year for such mandates in an amount equal to or exceeding the direct costs of each such mandate; or (2) includes an authorization of appropriations in an amount equal to or exceeding the direct costs of such mandates and makes other specified arrangements for up to 10 years during which each mandate shall be in effect under the legislation.
  
  Applies such prohibition to any legislative provision increasing direct costs of a federal private sector mandate (currently, federal intergovernmental mandate only) in any legislation reported by a congressional appropriations committee.
  
  Amends Rule XVIII (The Committee of the Whole House on the state of the Union) of the Rules of the House to state that the Committee of the Whole may be precluded from considering an amendment proposing only to strike an unfunded federal private sector mandate from the portion of the bill then open to amendment only by specific terms of a special order of the House.
  
  Amends the CBA to equalize the threshold between private sector and intergovernmental mandates.
feat_title: 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.