[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).