Reference Information for the
Rules of the 109th 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 109th Congress is included here.
From the Congressional Research Service:
Rules Changes Affecting Budgetary Legislation
In the absence of a concurrent resolution on the budget for FY2004 agreed to by Congress, a separate order in H.Res. 5 established the provisions of S.Con.Res. 95 (108th Congress) as having effect in the 109th Congress until congressional agreement to a FY2005 budget resolution.147
The separate order related to a point of order under Section 303 of the Congressional Budget Act was repeated (see “106th Congress,” just 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,” just above.)
As described above in the section “Rules Changes Affecting Committees,” H.Res. 5 contained a provision that one member of the majority party and one member of the minority party were to be “designated” by the respective elected leaderships as members of the Budget Committee. The rule that was amended had previously required the members to be “from” the elected leaderships. (See “Budget Committee” under “Assignments and Size.”)
146. For an analysis of the rules changes made in the 109th Congress that affected budgetary legislation, see CRS Report RS22021, House Rules Changes Affecting the Congressional Budget Process in the 109th Congress (H.Res. 5). See also CRS Report RL32791, Congressional Budget Actions in 2005; and CRS Report RL33291, Congressional Budget Actions in 2006.
147. Conference report on S. Con. Res. 95, agreed to in the House May 19, 2004.
Leadeship Representation on the House Committee on the Budget
H.Res. 5 (109th Congress) amended the House Rules to alter the way House Leadership is represented on the House Budget Committee. Clause 5 of Rule X required that the the Committee include at least one majority member and one minority Member “from” Elected Leadership. This meant that the individual must actually hold such an elected position. The resolution amended this provision to indicate that the Member must be “designated” by the respective elected leaderships to serve on the Budget Committee.
From the Majority Leaders’s Section-by-Section Description:
(b) Membership of Budget Committee. Permits one member of the Budget committee majority and one member of the minority to be “designated” by the respective elected leaderships. Current rules require such members to be “from” elected leadership. [Rule X, clause 5(a)(2)]