    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Rules of the House of Representatives]
    [Pages 515-517]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule XII.

                      RESIDENT COMMISSIONER AND DELEGATES.

    Sec. 740. Powers and Privileges of Resident Commissioner and
    Delegates as to committee service.

        The Resident Commissioner to the
    United States from Puerto Rico and each Delegate to the House shall be
    elected to serve on standing committees in the same manner as Members of
    the House and shall possess in such committees the same powers and
    privileges as the other Members.

    [[Page 516]]
    within which the votes of Delegates and the Resident Commissioner were
    decisive; see Sec. 864b, infra).
      The rule resumed this form in the 104th Congress (sec. 212, H. Res. 6,
    Jan. 4, 1995, p. ----). The first form of this rule was adopted in 1871,
    and it was perfected by amendments in 1876, 1880, 1887, 1892 (II, 1297),
    and on January 2, 1947 (Legislative Reorganization Act of 1946), August
    2, 1949 (p. 10618), and February 2, 1951 (p. 883). It was completely
    revised in the 92d Congress to delete references to Delegates from the
    former Territories of Alaska and Hawaii, which had achieved statehood in
    1959, to add a reference to the Delegate from the District of Columbia,
    an office established by Public Law 91-405 (84 Stat. 845), and to
    incorporate the provisions of the Legislative Reorganization Act of 1970
    giving the Resident Commissioner (as well as the new Delegate from the
    District of Columbia) the right to vote in standing committees (H. Res.
    5, Jan. 22, 1971, p. 144). The second clause of the rule was again
    revised in the 93d Congress (H. Res. 6, Jan. 3, 1973, pp. 26-27) to
    reflect the establishment of offices of Delegate from the Territories of
    Guam and the Virgin Islands pursuant to Public Law 92-271 (86 Stat.
    118). The office of Delegate from American Samoa was established by
    Public Law 95-556 (92 Stat. 2078) and was first filled by the general
    Federal election of 1980. The title of the rule was amended in the 102d
    Congress amended to reflect the current membership in the House of the
    Resident Commissioner of Puerto Rico and all Delegates (H. Res. 5, Jan.
    3, 1991, p. ----). The rule was completely revised again in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. ----) to provide that each of the
    Delegates and the Resident Commissioner be elected to committees of the
    House on the same bases, vote in any committees on which they serve, and
    vote on questions arising in the Committee of the Whole House on the
    state of the Union. The latter power was affected by clause 2(d) of rule
    XXIII (providing for immediate reconsideration in the House of questions
    resolved in the Committee of the Whole by a margin

      The constitutionality of granting to Delegates the right to vote in
    the Committee of the Whole under this rule, as circumscribed by former
    clause 2(d) of rule XXIII, was upheld based on the premise that
    immediate ``revote'' where votes cast by Delegates had been decisive
    rendered their votes merely symbolic and not an investment of true
    legislative power (Michel v. Anderson, 14 F.3d 623 (D.C. Cir. 1994)).
    The changes effected in the 103d Congress were revoked in the 104th
    Congress (sec. 212, H. Res. 6, Jan. 4, 1995, p. ----).

      Under an earlier practice, Delegates did not vote in committee (VI,
    243); but this had not always been so (II, 1301).

      Prior to the 94th Congress, a Delegate or the Resident Commissioner
    could not be appointed as a conferee on bills sent to conference with
    the Senate (Sept. 18, 1973, p. 30144; July 20, 1973, p. 25201), but
    clause 6(h) of rule X, which became effective January 3, 1975, provided
    that the Speaker may appoint the Delegates or the Resident Commissioner
    to any conference committee considering legislation reported from a
    committee on which they serve (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). Clause 6(h) was further amended in the 96th Congress (H. Res. 5,
    Jan. 15, 1979, pp. 7-16) to authorize the Speaker to appoint the
    Resident Commissioner and Delegates to any select committee; prior to
    that change they could be appointed to select committees only with the
    permission of the House (Sept. 21, 1976, p. 31673). In the 103d
    Congress, clause 6(h) was once again amended to authorize the Speaker to
    appoint Delegates and the Resident Commissioner to serve on any
    conference committee (H. Res. 5, Jan. 5, 1993, p. ----).

      The Resident Commissioner, who under the rules of the 91st and earlier
    Congresses, was designated as an additional member of the Committees on
    Agriculture, Armed Services, and Interior and Insular Affairs, is now
    elected to committees in the same fashion as are other Members and may
    exercise in those committees on which he serves the same powers as other
    members, including the right to vote.

      The office of Delegate was established by ordinance of the Continental
    Congress and confirmed by a law of Congress (I, 400, 421). The nature of
    the office has been the subject of much discussion (I, 400, 403, 473);
    and except as provided by law (I, 431, 526) the qualifications of the
    Delegate also have been a matter of discussion (I, 421, 423, 469, 470,
    473). A territory or district must be organized by law before the House
    will admit a Delegate (I, 405, 407, 411, 412).

    [[Page 517]]
    He has been recognized to object to the consideration of a bill (VI,
    241), to a unanimous consent request to concur in a Senate amendment
    (June 29, 1984, p. 20267), and has made reports for committees (July 1,
    1958, p. 12870). The rights and prerogatives of a Delegate in
    parliamentary matters are not limited to legislation affecting his own
    territory (VI, 240).
      The law provides that on the floor of the House a Delegate may debate
    (II, 1290), and he may in debate call a Member to order (II, 1295). He
    may make any motion which a Member may make except the motion to
    reconsider (II, 1291, 1292). A Delegate may make a point of order (VI,
    240). A Delegate has even moved an impeachment (II, 1303). He may be
    appointed a teller (II, 1302); but the law forbids him to vote (II,
    1290).

      At the organization of the House, the Delegates and Resident
    Commissioner are sworn (I, 400, 401); but the Clerk does not put them on
    the roll (I, 61, 62). In the 103d Congress on recorded votes in the
    Committee of the Whole, their names were listed alphabetically with the
    names of Members (Feb. 3, 1993, p. ----).

      A Delegate resigns in a communication addressed to the Speaker (II,
    1304). He may be arrested and censured for disorderly conduct (II,
    1305), but there has been disagreement as to whether he should be
    expelled by a majority or two-thirds vote (I, 469).

      The privileges of the floor with the right to debate were extended to
    Resident Commissioners in the 60th Congress (VI, 244). Prior to the
    independence of the Philippines it was represented in the House by
    Resident Commissioners.

      The first form of the rule with reference to the Resident Commissioner
    was adopted in 1904 (II, 1306). The Act of May 17, 1932, changed the
    name of Porto Rico to Puerto Rico (48 U.S.C. 731a).