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 113^th-117^th Congresses (2013-2022). It considers factors affecting the use of such powers, and it displays data from each of the Congresses examined.

During the 113^th-115^th Congresses, delegates could serve on standing, select, and conference committees with the same powers and privileges as Members, as in earlier Congresses. In the 116^th and 117^th 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.

Delegates Parliamentary Rights, 113^th-117^th 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 18^th century⁸ and as members of certain standing committees since the 42^nd Congress (1871-1873).⁹ In the 92^nd 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 94^th Congress (1975-1976),¹¹ "to any" select committee since the 96^th Congress (1979-1980),¹² and "to any" conference committee since the 103^rd Congress (1993-1994).¹³

Voting in and Presiding over the Committee of the Whole (116^th and 117^th Congresses)

In the 113^th, 114^th, and 115^th 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 116^th (2019-2020) and 117^th 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 103^rd (1993-1994), 110^th (2007-2008), and 111^th (2009-2010) Congresses.¹⁶

Appointment to Joint Committees (116^th and 117^th Congresses)

Beginning in the 116^th Congress, and continuing in the 117^th 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.

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 113^th Congress (2013-2014), no delegates caucused with the majority party; in the 114^th Congress, one delegate caucused with the majority party; in the 115^th Congress, two delegates caucused with the majority party; and in the 116^th and 117^th Congresses, four delegates caucused with the majority party.²¹

Practice, 113^th-117^th 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.

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 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

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 116^th and 117^th 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 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.