article: 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''.
summary: 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.