[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 18. Delegates and Resident Commissioner]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
                             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 
  officials who represent in the House the 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, the Northern Mariana Islands, 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.


  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, such individual cannot vote in the House (even by 
  voice vote) (Manual Sec. 675) or serve as its presiding officer 
  (Manual Sec. 970). A Delegate or a Resident Commissioner 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. Such 
  individual 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.


  Sec. 3 . In Committees

      Under clause 3 of rule III, Delegates and the Resident 
  Commissioner are elected to serve on standing committees in the same 
  manner as Members, 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 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 first adopted in 1993 (but since stricken), 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. The Speaker also had authority 
  to appoint a Delegate or Resident Commissioner to serve as chair of 
  the Committee of the Whole. 103-2, Oct. 6, 1994, p 28533. The 
  constitutionality of that rule was upheld based on the feature of the 
  rule providing for immediate reconsideration. Michel v. Anderson, 14 
  F.3d 623 (D.C.Cir. 1994). These provisions were stricken in 1995, 
  reinstated in 2007, and stricken again in 2011. Manual Sec. 985. In 
  2017, the authority for the Speaker to appoint a Delegate or Resident 
  Commissioner to preside over the Committee of the Whole was 
  reinstated. 115-1, H. Res. 5, Jan. 3, 2017, p__.