CBA (Contents)

Congressional Budget Act of 1974

Section 426

TITLE IV—ADDITIONAL PROVISIONS TO IMPROVE

FISCAL PROCEDURES

 PART B—FEDERAL MANDATES

sec. 426. ^[1] provisions relating to the house of representatives.^[2]

(a) Enforcement in the House of Representatives.—It shall not be in order in the House of Representatives to consider a rule or order that waives the application of section 425.

(b) Disposition of Points of Order.—

(1) Application to the house of representatives.—This subsection shall apply only to the House of Representatives.

(2) Threshold burden.—In order to be cognizable by the Chair, a point of order under section 425 or subsection (a) of this section must specify the precise language on which it is premised.^[3]

(3) Question of consideration.—As disposition of points of order under section 425 or subsection (a) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order.

(4) Debate and intervening motions.—A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be.

(5) Effect on amendment in order as original text.—The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.

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COUNSEL NOTES

[1] Section 426(a) establishes a point of order against the consideration of any rule, formally known as a “special order of business”, waiving the application of section 425. The rule may provide for the consideration of a measure and may waive a violation of that section of the Budget Act. This automatically triggers twenty minutes of debate on the question as to whether the point of order should be waived. Time is evenly divided between a proponent and an opponent of the question. In the House, this is commonly known as “the unfunded mandates point-of-order.” It refers to any proposed procedure where a point of order can be raised against a rule waiving a point of order.

[2] This section is classified to the U.S. Code at 2 U.S.C. 658e.

[3] Under section 426(b)(2), a proponent must identify the specific language in the Rule waiving section 425. It is subject to the question of consideration. The House disposes of points of order under sections 425 or 426 through the question of consideration. The Member raising the point of order and a Member opposed each have 10 minutes: ‘‘Will the House now consider the [measure]?’’ A point of order does not lay against private sector mandates.

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LEGISLATIVE HISTORY NOTES

Public Laws 

Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 59 (Unfunded Mandates Reform Act of 1995) added §426 to Pub. L. 93–344, title IV (Congressional Budget Act of 1974).

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[BCR § 145]