Reference Information for the
Rules of the 108th Congress
The House of Representatives adopts its organizing resolution at the beginning of each Congress in the form of a simple House resolution. Information related to H. Res. 5 for the 108th Congress is included here.
From the Congressional Research Service:
Rules Changes Affecting Budgetary Legislation
In the absence of a concurrent resolution agreed to by Congress on the budget for FY2003, a separate order in H.Res. 5 established the provisions of H.Con.Res. 353 (107th Congress) as having effect in the 108th Congress until congressional agreement to a FY2004 budget resolution. The chair of the Budget Committee was also directed to submit allocations under Section 302(a) of the Congressional Budget Act, “Accounts Identified for Advance Appropriations,” and an estimated unified surplus for printing in the Congressional Record.144
A separate order related to a point of order under Section 303 of the Congressional Budget Act was repeated (see “106th Congress” immediately above). Two additional separate orders were also repeated: The word “resolution” in Section 306 of the Congressional Budget Act was interpreted to mean “joint resolution,” and a provision of or amendment to legislation prospectively establishing compensation for a federal office, to be appropriated annually, was not to be considered to be entitlement authority under the Congressional Budget Act. (See “107th Congress” immediately above.)
Three provisions were described earlier in the section “Rules Changes Affecting Committees“:
- H.Res. 5 required the Ways and Means Committee to include in committee reports on measures amending the Internal Revenue Code a “macroeconomic impact analysis,” also known as “dynamic scoring,” by the Joint Taxation Committee. A macroeconomic impact analysis was defined as an estimate of “changes in economic output, employment, capital stock, and tax revenues expected to result from enactment of the proposal.” The joint committee’s analysis was also to include a statement of assumptions and data sources. The reporting requirement could be waived if the Joint Taxation Committee certified that such analysis was not calculable, or the chair of the Ways and Means Committee inserted an analysis in the Congressional Record prior to the measure’s consideration by the House. (See “Ways and Means Committee” under “Committee Reports.”)
- Two provisions of H.Res. 5 affected the Budget Committee’s makeup. The membership of the Budget Committee was changed to include one member of the Committee on Rules, codifying action taken in the Republican Conference’s early organization meetings. (See “Budget Committee” under “Assignments and Size.”) In addition, the term limit for service as chair or ranking minority Member of the Budget Committee was codified to six years, equal to the term limitation for other standing committee chairs. (See “Chairmanships/Term Limitations.”)
Two rules changes were discussed earlier in the section “Rules Changes Affecting the Chamber and Floor“:
- H.Res. 5 reinstated the Gephardt rule.145 (Added as new Rule XXVII.) (See “Public Debt Ceiling.”)
- H.Res. 5 also defined “tax or tariff provisions” vis-à-vis a general appropriation bill. Tax and tariff measures may not be reported from a committee not having jurisdiction over such a measure, and an amendment with tax or tariff provisions was not in order to a bill reported by a committee not having jurisdiction. The rules change provided that a tax or tariff measure “includes an amendment proposing a limitation on funds in a general appropriation bill for the administration of a tax or tariff.” (Amended clause 5 of Rule XXI.) (See “Tax Legislation.”)
143. For an analysis of the rules changes made in the 108th Congress that affected budgetary legislation, see CRS Report RL31728, House Rules Changes Affecting the Congressional Budget Process in the 108th Congress (H.Res. 5). See also CRS Report RL31754, Congressional Budget Actions in 2003; and CRS Report RL32246, Congressional Budget Actions in 2004.
144. H. Con. Res. 353, agreed to in the House March 20, 2002. The allocations may be found at Rep. Jim Nussle, “Allocations of Spending Authority to House Committees,” Congressional Record, vol. 149, part 1(January 8, 2003), pp. 180-181. This special order also identified the allocation referred to in H. Con. Res. 353, Section 231(d) as the “corresponding allocation” among those submitted by the Budget Committee chair.
145. For a history and analysis of the Gephardt rule, see CRS Report RL31913, Developing Debt-Limit Legislation: The House’s “Gephardt Rule”.