[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 18. Delegates and Resident Commissioner]
[From the U.S. Government Printing Office, www.gpo.gov]
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CHAPTER 18 - DELEGATES AND RESIDENT COMMISSIONER
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. In the House
Sec. 3. In Committees
Sec. 4. In Committee of the Whole
Research References
1 Hinds Sec. Sec. 400-410
6 Cannon Sec. Sec. 240-246
Deschler Ch 7 Sec. 3
Manual Sec. Sec. 675, 676
Sec. 1 . In General
Generally
The Delegates and Resident Commissioner are those statutory
officers who represent in the House the constituencies of territories
and properties owned or administered by the United States but not
admitted to statehood. Deschler Ch 7 Sec. 3. The Virgin Islands, Guam,
American Samoa, and the District of Columbia, are each represented in
the House by a Delegate. Puerto Rico is represented by a Resident
Commissioner. Manual Sec. 675. The rights and prerogatives of a
Delegate in parliamentary matters are not limited to legislation
affecting his own territory. 6 Cannon Sec. 240.
Sec. 2 . In the House
The floor privileges of a Delegate or a Resident Commissioner in
the House include the right to debate (2 Hinds Sec. 1290), offer
motions (2 Hinds Sec. 1291), and raise points of order (6 Cannon
Sec. 240). However, he cannot vote in the House (Manual Sec. 675) or
serve as its presiding officer (Manual Sec. 970). He may offer any
motion a Member may offer, including the motion to adjourn, but not
the motion to reconsider, which is itself dependent on the right to
vote. 2 Hinds Sec. 1292; Deschler-Brown Ch 29 Sec. 23.65. He may file
reports for committees (Manual Sec. 675) and may object to the
consideration of a bill (6 Cannon Sec. 241; Deschler Ch 7 Sec. 3.7).
Impeachment proceedings have been moved by a Delegate. 2 Hinds
Sec. 1303.
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Sec. 3 . In Committees
Under rule III clause 3, delegates and the Resident Commissioner
are elected to serve on standing committees in the same manner as
Members of the House and possess in such committees the same powers
and privileges as the other Members. Manual Sec. 675. They have the
right to vote in committees on which they serve. Seniority accrual
rights on committees have also been extended to the Delegates and
Resident Commissioner. Deschler Ch 7 Sec. 3.11. They may be appointed
by the Speaker to any conference committee. The Speaker also now has
the authority to appoint them to any select committee, an appointment
that previously required the permission of the House. Manual Sec. 676.
Sec. 4 . In Committee of the Whole
Under a rule adopted in 1993, when the House was sitting in
Committee of the Whole, the Delegates and Resident Commissioner had
the same right to vote as Members, subject to immediate
reconsideration in the House where their votes were collectively
decisive in the Committee. In the same year, the Speaker was given
authority to appoint a Delegate or Resident Commissioner as Chairman
of the Committee of the Whole. The constitutionality of that rule was
upheld based on the immediate reconsideration feature of the rule.
Michel v. Anderson, 14 F.3d 6723 (D.C.Cir. 1994). These provisions
were stricken from the rules as adopted in 1995. Manual Sec. 985.