Order Code 98-610 GOV
Updated December 1, 2004
CRS Report for Congress
Received through the CRS Web
House Subcommittees: Assignment Process
Judy Schneider
Specialist on the Congress
Government and Finance Division
Introduction
House rules, Republican Conference and Democratic Caucus rules, and individual
committee rules all address the subcommittee assignment process, although to varying
degrees. Under House Rule X, clause 5(d), no committee can create more than five
subcommittees, except Appropriations (13) and Government Reform (7). House rules
were amended in the 108th Congress to allow the Committees on Armed Services,
International Relations, and Transportation and Infrastructure to create up to six
subcommittees each. In addition, pursuant to Rule X, clause 5(b)(2)(A), Members are
limited to service on no more than four subcommittees, although exceptions are allowed.
A committee chair is generally prohibited from chairing a subcommittee of his or her
committee, and all committee and subcommittee chairs are limited by House Rule X,
clause 5(c)(2) to no more than three consecutive terms as chair, beginning with the 104th
Congress. Term limits for the Intelligence Committee chair were abolished by H.Res. 5
on January 7, 2003.
Many subcommittee assignment decisions are affected by the full committee
assignment process. Information on that process is provided in CRS Report 98-151,
House Committees: Categories and Rules for Committee Assignments, and CRS Report
98-367, House Committees: Assignment Process.
Organizing the 109th Congress
As of November 30, 2004, the Republican Conference and the Democratic Caucus
have not determined committee sizes and ratios for the new Congress. The Republican
Steering Committee, the entity responsible for determining most committee chairs and
making most committee assignments, has been constituted but has made no assignment
decisions. The Democratic Steering Committee has not yet been fully constituted.
On the opening day of a new Congress, the House adopts its rules from the previous
Congress, and any changes, some of which often affect committee and subcommittee
structure and organization.
This report, therefore, reflects information current as of November 30, 2004, and will
be updated as events warrant.
Congressional Research Service ˜ The Library of Congress
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Size and Ratio
Subcommittee sizes and party ratios are determined by the full committee, usually
in concert with the party leadership. Although negotiations are often held with the
minority, these prerogatives remain with the majority. Generally, subcommittee ratios
reflect the same ratio as that of a full committee, which in turn reflects the ratio of
majority to minority members in the full House. Discussions on subcommittee sizes and
ratios traditionally begin soon after the November election, and often are completed by
the convening of the early organization meetings, usually held in November or December.
Final decisions are made after committee assignments are ratified on the House floor. Seat
changes within a Congress can necessitate adjusting subcommittee sizes and ratios.
Democratic Caucus Rule 26, which addresses subcommittees “when the Democratic
party is the majority,” states that no subcommittee can be more than 60% of the size of
a full committee. It further states that the resident commissioner and delegates should not
be counted in determining subcommittee (or committee) size. Republican Conference
rules are silent on subcommittee size and ratio issues.
Chair and Ranking Member Selection
Under Republican Conference rules, each committee chair determines and provides
to other Republican members of the committee the method for selecting subcommittee
chairs. However, a majority of the Republican Members of the full committee can
disapprove the selection procedure. Republican Conference rules changes for the 108th
Congress required subcommittee chairs of the Appropriations Committee to receive full
conference approval. Under House rules, subcommittee chairs are limited to six years of
service. Republicans also limit members to a single committee or subcommittee
chairmanship; the chairmanships of the Standards of Official Conduct Committee and the
House Administration Committee are exempt, thereby allowing a Member to chair either
of these panels and an additional panel. Finally, Republican Conference rules prohibit a
full-committee chair from leading a subcommittee of the committee he or she heads.
House Democrats allow each committee member to bid, in order of seniority, for
available subcommittee leadership slots. For all committees, except Appropriations, this
is done by full-committee seniority; for Appropriations, it is done by subcommittee
seniority. Caucus rules generally limit Members to rank on only one full committee or
one subcommittee with legislative jurisdiction. Subcommittee leaders selected for the
Appropriations Committee, Energy and Commerce Committee, and Ways and Means
Committee require Democratic Steering and Policy Committee approval.
Subcommittee Assignments
Under House rules, Members are limited to service on four subcommittees, although
there are some exceptions. House rules are silent on how subcommittee assignments are
made. Rather, subcommittee assignments are governed by respective party rules and
practices.
Republicans generally leave the decisions on the subcommittee assignment process
to the committee leader to determine, although most committees employ a bidding
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approach that allows members, in order of seniority, to select subcommittee slots.
Committee and party leaders also try to suggest certain subcommittee configurations in
order to retain more experienced members on key subcommittees.
Democrats formally provide in their caucus rules for a bidding process based on
seniority, whereby each Member of a committee selects one subcommittee before any
Member receives a second assignment.
Pursuant to House Rule X, clause 5(b)(2)(B), the chair and ranking minority member
of a full committee may serve as ex officio members of subcommittees of their committee
without that service counting against the limitation of no more than four subcommittees
per Member. Some committees address in their committee rules the authority to vote by
ex officio members. Some panels allow voting by ex officio members, others do not.