Delegates and the Resident Commissioner: Parliamentary Rights and Practice, 113th-117th Congresses

May 9, 2024 R48063

Delegates and the Resident Commissioner:
May 9, 2024
Parliamentary Rights and Practice, 113th-117th
Jane A. Hudiburg
Congresses
Analyst on Congress and
the Legislative Process
American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and the District of

Columbia are each represented in Congress by a delegate to the House of Representatives, while
Puerto Rico is represented by a resident commissioner, whose position is treated the same as a

delegate. Collectively, the individuals serving in these elected positions represent the interests of
4.3 million people.
The delegates and the resident commissioner cannot vote in or preside over the House. However, pursuant to the standing
rules of the House, they are granted other parliamentary powers and privileges held by Members in committees and in the
House chamber. These powers have varied over recent Congresses.
In the 10 years encompassing the 113th-117th Congresses (2013-2022), delegates and the resident commissioner could
introduce bills and resolutions, offer amendments on the House floor, and make any proper parliamentary motion except the
motion to reconsider. They could serve on standing, select, and conference committees in the same manner as
Representatives. In the 116th and 117th Congresses (2019-2022), House rules also allowed delegates and the resident
commissioner to vote in and preside over the Committee of the Whole on the House floor (but not the House proper) and to
serve on joint committees.
The use of some parliamentary powers is dependent on recognition by the chair, serving in the majority or minority party, or
being appointed to a position. During the time period under consideration, delegates and the resident commissioner
introduced legislation and offered floor amendments; served as chair or ranking member of subcommittees and as bill
managers on the House floor; made motions to suspend the rules, motions to refer (113th, 114th, 115th Congresses only), and
one motion to recommit (114th Congress); were appointed as conferees to conference committees (114th and 115th Congresses
only); and chaired the Committee of the Whole (116th Congress only). No delegate or resident commissioner served as chair
or ranking minority member of a full committee, and no delegate or resident commissioner served on a select or joint
committee.

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Introduction
Delegates to the House of Representatives from American Samoa, the District of Columbia,
Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands, as well
as the resident commissioner from Puerto Rico, collectively represent the interests of 4.3 million
people as the sole elected federal officials for these jurisdictions.1 They cannot vote in or preside
over the House. However, pursuant to the standing rules of the House, they are granted other
parliamentary powers and privileges held by Members in committees and in the House chamber.2
The office of delegate to the House dates to the late 1700s when territories bound for statehood
were granted congressional representation.3 Since the establishment of the position, the range of
delegates’ powers has increased in committees and on the House floor.4
This report analyzes the use of parliamentary powers by delegates and the resident commissioner
during the 10 years encompassing the 113th-117th Congresses (2013-2022). It considers factors
affecting the use of such powers, and it displays data from each of the Congresses examined.
During the 113th-115th Congresses, delegates could serve on standing, select, and conference
committees with the same powers and privileges as Members, as in earlier Congresses. In the
116th and 117th Congresses, House rules allowed delegates to vote in and preside over the
Committee of the Whole (but not the House proper) and to serve on joint committees. In all five
Congresses, delegates were able to introduce bills and resolutions, offer amendments and manage
bills on the House floor, and make any proper parliamentary motion except the motion to
reconsider.5
Like Members of the House, delegates’ powers were subject to certain procedural conditions.
Some powers were subject to the delegates’ recognition by the presiding officer. Others were
dependent on the delegates’ affiliation with either the majority or minority party or, in the case of
committee assignments, required an appointment to the position.
Table 1 identifies the number of delegates caucusing with the majority party for each Congress
over the period studied. Table 2 displays data on the introduction of bills and resolutions and the
offering of amendments. Table 3 identifies the use of certain floor motions by delegates,
including the motion to suspend the rules, which enables the delegate making the motion to also
serve as a floor manager. Table 4 identifies instances in which delegates presided over the
Committee of the Whole, were appointed as chair or ranking members of subcommittees, and
served on conference committees.

1 This estimate is based on 2020 census data obtained from Census.gov.
2 In this report, the term parliamentary rights encompasses prerogatives, privileges, and powers. The right to introduce
legislation is not dependent on the actions of other individuals. The utilization of other “rights” require recognition by
the chair or an appointment to a position.
3 For more information, see CRS Report R40555, Delegates to the U.S. Congress: History and Current Status, by Jane
A. Hudiburg.
4 In this report, the term delegate includes the resident commissioner from Puerto Rico. Resident commissioners have
the same parliamentary rights in the House as delegates. However, they are elected for four-year terms instead of two-
year terms.
5 A Member may be recognized to offer a motion to reconsider if he or she has voted on the prevailing side of a
question. Delegates cannot make this motion because they cannot vote in the House. For more information about rights
afforded to delegates, see CRS Report R40170, Parliamentary Rights of the Delegates and Resident Commissioner
from Puerto Rico, by Jane A. Hudiburg.
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Delegates: Parliamentary Rights and Practice

Delegates Parliamentary Rights, 113th-117th
Congresses
Parliamentary Rights in the House
During the time period examined, delegates were granted many of the same powers and
privileges on the House floor6 held by Members. Delegates could sponsor and cosponsor
legislation, participate in debate and manage time (i.e., serve as majority or minority bill
manager), offer any proper parliamentary motion except the motion to reconsider, raise points of
order, raise questions of the privileges of the House and questions of personal privilege, call a
Member to order, appeal a ruling of the chair, file reports for committees, and object to the
consideration of a bill.7 Delegates could not vote in or preside over the House, move to reconsider
a vote (the offering of which is itself dependent on the ability to vote), or sign a discharge
petition.
Committee Membership, Privileges, and Powers
House records indicate that delegates, with varying parliamentary rights, have served on select
committees since the 18th century8 and as members of certain standing committees since the 42nd
Congress (1871-1873).9 In the 92nd Congress (1971-1972), House rules codified the right of
delegates to be elected to standing committees with the same “powers and privileges” as
Members, including the right to debate, offer amendments, vote, and serve as chair or ranking
minority member of a full committee or its subcommittees.10 House rules have authorized the
Speaker to appoint delegates “to any conference committee that is considering legislation
reported from a committee on which they serve” since the 94th Congress (1975-1976),11 “to any”

6 In this section, the term House floor encompasses procedures in the House chamber, including the Committee of the
Whole, while the House refers to procedures in the House proper (i.e., not after the House resolves into the Committee
of the Whole).
7 For more details, see CRS Report R40170, Parliamentary Rights of the Delegates and Resident Commissioner from
Puerto Rico, by Jane A. Hudiburg.
8 Prior to the 96th Congress (1979-1980), the House appointed delegates to select committees. The first known
appointment occurred in 1795 by motion of the House (Journal of the House of Representatives, 3rd Cong., 2nd sess.,
292). As early as 1799, the House appointed a delegate to serve as chair of a select committee (Journal of the House of
Representatives, 6th Cong., 1st sess., p. 543).
9 In 1871, the House agreed to a standing rule that enabled the Speaker to appoint delegates to certain standing
committees without granting them the right to vote in such committees: “The Speaker shall appoint from among the
Delegates from the Territories an additional member of the Committee on the Territories; and he shall also appoint the
Delegate from the District of Columbia as additional member of the Committee for the District of Columbia. But the
said Delegates in their respective committees shall have the same privileges only as in the House” (Journal of the
House of Representatives, 42nd Cong., 2nd sess., p. 67). These committees are no longer established by the House.
10 Clause 3(a) of Rule III states, “Each Delegate and the Resident Commissioner shall be elected to serve on standing
committees in the same manner as Members and shall possess in such committees the same powers and privileges as
the other members of the committee” (U.S. Congress, House, Constitution, Jefferson’s Manual and the Rules of the
House [hereinafter House Manual], 117th Cong., 2nd sess., 117-161 [Washington: GPO, 2023], §675).
11 The delegates’ right to be appointed to a conference committee considering legislation reported from a committee on
which they serve was initially established pursuant to H.Res. 988 (93rd Congress, 1973-1974) and made effective on
January 3, 1975, at the start of the 94th Congress.
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Delegates: Parliamentary Rights and Practice

select committee since the 96th Congress (1979-1980),12 and “to any” conference committee since
the 103rd Congress (1993-1994).13
Voting in and Presiding over the Committee of the Whole (116th and 117th
Congresses)
In the 113th, 114th, and 115th Congresses (2013-2018), House rules did not enable delegates to
vote in or preside over the Committee of the Whole.14 However, as in earlier Congresses,
delegates could offer amendments in this forum provided that they were recognized to do so.
In the 116th (2019-2020) and 117th Congresses (2021-2022), the House agreed to rules packages
(H.Res. 6 and H.Res. 8, respectively) that authorized delegates, pursuant to clause 3(a) of Rule
III, to vote in and preside over the Committee of the Whole.15 Previously, these powers and
privileges had been available to delegates in the 103rd (1993-1994), 110th (2007-2008), and 111th
(2009-2010) Congresses.16
Appointment to Joint Committees (116th and 117th Congresses)
Beginning in the 116th Congress, and continuing in the 117th Congress, House rules were
amended to explicitly permit delegates to serve on joint committees. As amended, clause 3(b) of
Rule III enabled delegates to be appointed to joint committees, adding to their existing ability to
be appointed to select committees and conference committees.17
Parliamentary Rights in Practice
Delegates exercise their powers and privileges under certain procedural conditions. The use of
some powers is dependent on recognition by the chair.18 Factors such as serving in the majority or
minority party also influence delegates’ use of their parliamentary rights.
During the period examined, no delegate was appointed to a select or a joint committee or served
as the chair or ranking member of a full standing committee.

12 The House appointed delegates to select committees prior to delegating this authority to the Speaker at the start of the
96th Congress (1979-1980).
13 House Manual, §676.
14 The House considers most amendments offered on the floor in a forum known as the Committee of the Whole rather
than in the House proper. For more information about the Committee of the Whole, see CRS Report 98-995, The
Amending Process in the House of Representatives, by Christopher M. Davis.
15 Pursuant to clause 6 of Rule XVIII, delegates count when ascertaining the presence of a quorum in the Committee of
the Whole. Recorded votes in the Committee of the Whole that are decided within the margin of votes cast by delegates
are automatically reconsidered in the House. See CRS Report R40555, Delegates to the U.S. Congress: History and
Current Status, by Jane A. Hudiburg.
16 Between the 103rd Congress (1993-1994) and the 117th Congress (2021-2022), delegates had the right to vote in and
preside over the Committee of the Whole during Congresses in which the Democratic Party controlled the House
(103rd, 110th, 111th, 116th, and 117th). In the 118th Congress, the Republican Party resumed control of the House.
However, the House agreed to a rules package (H.Res. 5) that retained the delegates’ right to vote in and preside over
the Committee of the Whole pursuant to clause 3(a) of Rule III. See CRS Report R45731, House Rules Changes
Affecting Committee Procedure in the 116th Congress (2019-2020), by Jane A. Hudiburg.
17 See CRS Report R45731, House Rules Changes Affecting Committee Procedure in the 116th Congress (2019-2020),
by Jane A. Hudiburg.
18 For example, a delegate has the right to offer an amendment in the House and in the Committee of the Whole but, as
with Members, will generally not be recognized to do so if that amendment has not previously been made in order by a
special rule reported by the Rules Committee and agreed to by the House.
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Party Control of House
Certain parliamentary powers are available to delegates in the majority party. These powers
include chairing a full committee or a subcommittee or presiding over the Committee of the
Whole. Other powers are used by minority-party delegates. Ranking members of committees and
subcommittees, for instance, are the highest-ranking committee members from the minority party.
For certain procedures, the chair may limit recognition to Members and delegates affiliated with
either the majority or minority party. By practice, the chair does not recognize minority-party
Members and delegates to suspend the rules and pass a measure.19 In contrast, regarding the
motion to recommit, House rules state that the “Speaker shall give preference in recognition to a
Member, Delegate, or Resident Commissioner who is opposed to the measure,” and by custom,
the motion is made by the minority leader or designee from the minority party.20
Table 1 provides the party affiliation of delegates in each Congress over the period studied, as
well as the party in control of the House during each Congress. In the 113th Congress (2013-
2014), no delegates caucused with the majority party; in the 114th Congress, one delegate
caucused with the majority party; in the 115th Congress, two delegates caucused with the majority
party; and in the 116th and 117th Congresses, four delegates caucused with the majority party.21

19 The suspension of the rules procedure is delineated in clause 1 of House Rule XV, which does not specify any
limitations concerning the recognition of Members and delegates.
20 One proper motion to recommit is considered in order prior to the final passage vote during initial consideration of a
bill or joint resolution considered pursuant to a special rule reported by the Rules Committee. See clause 2(a) of Rule
XIX, House Manual, §1001; and CRS Report RL32207, Commonly Used Motions and Requests in the House of
Representatives, by Christopher M. Davis.
21 Party affiliations are listed in the Biographical Directory of the United States Congress. During the time period under
consideration, two resident commissioners from Puerto Rico were affiliated with the New Progressive Party (Puerto
Rico). One resident commissioner caucused with the Democratic Party in the 113th and 114th Congresses. The other
caucused with the Republican Party in the 115th, 116th, and 117th Congresses.
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Table 1. Party Representation
113th
114th
115th
116th
117th
Delegate Representation
Congress
Congress
Congress
Congress
Congress
in Majority Party
(2013-2014)
(2015-2016)
(2017-2018)
(2019-2020)
(2021-2022)
Republican
Majority Party
√
√
√
X
X
Party
Control of
House
Democratic
X
X
X
√
√
Party
Caucused
with
Republican
0
1
2c
2c
2c
Party
Delegates
Caucused
with
Democratic
6a
5b
4
4
4
Party
Sources: House.gov and the Biographical Directory of the United States Congress.
Notes:
a. Five delegates and one resident commissioner caucused with the Democratic Party. The five delegates were
elected as Democrats, and the resident commissioner was elected as a New Progressive.
b. Four delegates and one resident commissioner caucused with the Democratic Party. The four delegates were
elected as Democrats, and the resident commissioner was elected as a New Progressive.
c. One delegate and one resident commissioner caucused with the Republican Party. The delegate was elected as
a Republican, and the resident commissioner was elected as a New Progressive.
Practice, 113th-117th Congresses
Legislative Measures
Delegates have a long-standing history of exercising the right to introduce bills and resolutions in
the House. The power to sponsor legislation is not dependent on majority-party status. Like
Members, delegates may submit any type of legislative measure.
Delegates have also offered floor amendments, which are routinely considered in the Committee
of the Whole, even in Congresses in which they did not have the right to vote in or preside over
the Committee of the Whole. Under current parliamentary practice, offering a floor amendment is
usually dependent on having that amendment made in order under the terms of a special rule
reported by the House Rules Committee and agreed to by the House.22
Table 2 displays the number of bills, joint resolutions, concurrent resolutions, and House
resolutions sponsored by delegates, as well as the number of amendments offered on the floor, in
each of the five Congresses examined. The table also identifies the number of bills and joint
resolutions enacted into law, concurrent resolutions agreed to by the House and Senate, and
House resolutions and floor amendments agreed to by the House.

22 See CRS Report R47314, Offering an Amendment on the House Floor Under a Structured Rule: Current Practice,
by Michael Greene and Elizabeth Rybicki.
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Table 2. Legislative Measures Sponsored or Offered
113th
114th
115th
116th
117th
Measures
Congress
Congress
Congress
Congress
Congress
10-Year
Total
(2013-2014)
(2015-2016)
(2017-2018)
(2019-2020)
(2021-2022)
Introduced
111
100
151
190
202
754
Bil s
Enacted
into law
4
6
3
4
1
18
Introduced
1
0
2
1
1
5
Joint
Resolutions
Enacted
0
0
0
0
0
0
into law
Introduced
4
2
2
0
1
9
Concurrent
Agreed to
Resolutions
by the
2
2
1
0
0
5
House and
Senate
Introduced
19
20
28
26
29
122
House
Agreed to
Resolutions
by the
1
0
1
0
1
3
House
Offered
3
14
10
14
3
44
Floor
Agreed to
Amendments
by the
2
3
6
14
2
27
House
Source: Congress.gov.
Floor Motions and Bill Management
As previously stated, delegates may make any parliamentary motion on the floor except the
motion to reconsider, but the making of such motions is dependent on recognition by the chair.
For instance, delegates may move to suspend the rules if they are recognized by the Speaker to do
so.
Table 3 displays motions that were made in the House by delegates related to the consideration of
legislation.23 A delegate from either party may make a motion to refer a measure or matter that
has not previously been referred to a committee. Motions to recommit a bill or joint resolution are
generally made by affiliates of the minority party, while motions to suspend the rules are
generally made by majority-party Members and delegates.24
Following recognition on motions to suspend the rules, delegates, in all instances, served as
majority floor managers for the associated bills, resolutions, or Senate amendments. As such, they

23 This report identifies motions recorded in Congress.gov under the “all actions” tab for specific legislation, not
general floor motions, such as the motion to adjourn.
24 See CRS Report RL32207, Commonly Used Motions and Requests in the House of Representatives, by Christopher
M. Davis.
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spoke in support of the measures and managed the floor debate, yielding increments of time from
the 20 minutes under their control to colleagues, almost always from the majority party.25
Table 3. Selected Floor Motions and Bill Management
113th
114th
115th
116th
117th
Congress
Congress
Congress
Congress
Congress
10-Year Total
Floor Action
(2013-2014)
(2015-2016)
(2017-2018)
(2019-2020)
(2021-2022)
Move to refer a measurea
1
1
1
0
0
3
Move to recommit a bil
or joint resolution
0b
1bc
0b
0b
0d
1
a
Move to suspend the
rules on initial
consideration of a
—e
6
1
38
33
78
measurea/serve as floor
manager
Move to suspend the
rules and concur with a
—e
0
0
1
1
2
Senate amendmenta/serve
as floor manager
Source: Congress.gov.
Notes:
a. The motions in this table are limited to those recorded in Congress.gov under the “all actions” tab for specific
legislation.
b. In the 113th-116th Congresses, a bil or joint resolution that was raised and considered pursuant to a special
rule could be subject to a motion to recommit with or without “instructions” (i.e., an alternative policy
proposal).
c. The motion to recommit made in the 114th Congress did not contain instructions.
d. In the 117th Congress, clause 2 of House Rule XIX, as amended, allowed motions to recommit but not
motions to recommit with instructions.
e. In the 113th Congress, no delegates caucused with the majority party, so the motion to suspend the rules was
not made by a delegate.
Appointed and Elected Positions
Throughout the period of consideration, delegates could serve on standing, select, and conference
committees in the same manner as Members. In 116th and 117th Congresses, delegates could also
be appointed to serve on joint committees, and they were able to chair the Committee of the
Whole.
In each of the five Congresses examined, delegates chaired or served as ranking members of
subcommittees,26 and in two Congresses, they were appointed to conference committees.
Delegates also chaired the Committee of the Whole during one of the two Congresses in which

25 Pursuant to clause 1 of House Rule XV, a motion to suspend the rules is debatable for 40 minutes, 20 minutes of
which is controlled by the majority manager who is the proponent of the motion, and 20 minutes are controlled by an
opponent. For more information, see CRS Report 98-314, Suspension of the Rules in the House: Principal Features, by
Elizabeth Rybicki.
26 Prior service on a full standing committee is an important factor considered in the appointment and election of
subcommittee chairs and ranking members. For information on how the Democratic Caucus and Republican
Conference select committee chairs, see CRS Report R46786, Rules Governing House Committee and Subcommittee
Assignment Procedures, by Michael Greene.
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they had the right to do so.27 No delegate served as chair or ranking member of a full committee,
and no delegate served on a select or joint committee. Table 4 displays instances in which
delegates were selected to preside over the Committee of the Whole, serve as chairs or ranking
members of subcommittees, or be conferees to conference committees.
Table 4. Appointed and Elected Positions
113th
114th
115th
116th
117th
10-Year
Elected/Appointed
Congress
Congress
Congress
Congress
Congress
Total
Position
(2013-2014)
(2015-2016)
(2017-2018)
(2019-2020)
(2021-2022)
Chair, Committee of
the Whole
—a
—a
—a
6
0
6
Chair, Subcommittee
of a Standing
0
1
1
3
3
8
Committee
Ranking Member,
Subcommittee of a
4
2
4
0
0
10
Standing Committee
Conferee, Conference
0
3
3
0
0
6
Committee
Sources: Congress.gov and the Congressional Directory.
Notes:
a. The right to chair the Committee of the Whole was not available to delegates in the 113th, 114th, and 115th
Congresses (2013-2018).

Author Information

Jane A. Hudiburg

Analyst on Congress and the Legislative Process

27 In the second session of the 116th Congress, the House adopted procedures, via H.Res. 965, in response to the
coronavirus pandemic, which discouraged the use of the Committee of the Whole. The House re-adopted these
procedures at the start of the 117th Congress. The House did not resolve into the Committee of the Whole until late in
the 117th Congress, which limited opportunities for delegates to serve as chair, as well as vote, in this forum.
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