Resident Commissioner from Puerto Rico

^Pr^ep^ar^{ed f}^o^r^M^e^m^b^ers^an^d^Com^mⁱ^t^t^ees^of^C^ong^r^e^ss

Since 1902, Congress has authorized Puerto Rico to be represented in Washington, DC, by a
Resident Commissioner. Although the office of territorial Delegate in Congress dates from the
Congress of the Articles of Confederation, the office of Resident Commissioner was not
established until after the Spanish-American War to provide representation for Puerto Rico and
the Philippines.
This report, which will be updated at the conclusion of the 111^th Congress, or sooner as
warranted, surveys the evolution of the office of Resident Commissioner, the expansion in the
authority provided to the Resident Commissioner, and the various approaches the Resident
Commissioner takes in fulfilling the responsibilities of the office.

Establishing the Office of Resident Commissioner.........................................................................2
Committee Seniority and Voting Rights..........................................................................................3
Committee of the Whole Voting Rights...........................................................................................5
Legislative Role of the Resident Commissioner.............................................................................6
Table 1. Measures Sponsored by Resident Commissioner, 93^rd-110^th Congresses..........................8
Table 2. Measures Cosponsored by Resident Commissioner, 93^rd-110^th Congresses......................8
Author Contact Information............................................................................................................9
Acknowledgments ........................................................................................................................... 9

he Resident Commissioner from Puerto Rico holds an office specifically differentiated
from that of territorial Delegate in Congress. The office of territorial Delegate has been
recognized in law since before the adoption of the federal Constitution. The Northwest T

Ordinance of 1787, a measure enacted by Congress under the Articles of Confederation, provided
for a territorial Delegate to represent the territory northwest of the Ohio River. When the
Constitution was ratified and the new Congress assembled, the Northwest Ordinance was re-
enacted, providing for the organization of a government in the territory. Under the act, the
territorial legislature (once formed) was authorized to elect a “Delegate to Congress, who shall
have a seat in Congress, with a right of debating, but not of voting, during this temporary ¹
Government.” The first territorial Delegate was seated in 1794.
Subsequently, the territorial Delegates served as transitional figures during the period in which
various territorial governments moved gradually toward admission as states. This was the
traditional practice for territories created during the westward continental expansion, regardless of
whether a territory had been a part of the original land area claimed by the 13 former British
colonies, or whether the territory had been acquired by purchase or conquest. Through the treaty
ending the Spanish-American War of 1898, the United States acquired a number of overseas ²
territories. The legal status of the inhabitants of these territories was a matter of controversy.
What emerged was a new legal concept, that of an unincorporated territory. Earlier, incorporated
territories were considered integral parts of the United States, to which all relevant provisions of
the Constitution applied. It was generally understood that such territories were bound for eventual
statehood. The overseas territories acquired through the peace treaty ending the War of 1898 were
considered “unincorporated” territories, however, and only the “fundamental” part of the ³
Constitution applied to these lands.
In the case of Puerto Rico and the Philippines, Congress granted by law a new form of territorial
representation. These two territories were to be represented in Washington, DC, by Resident
Commissioners. The term was new to American legal usage, but was widely used in the British
Empire to indicate a crown representative sent to a territory to manage the affairs of the home
government. In American usage, the Resident Commissioner was an agent of the local
government and citizenry sent to represent their interests at the national capital.
The office of Resident Commissioner was clearly different from that of congressional Delegate.
Delegates (like Members of the House) were chosen for two-year terms. The Resident
Commissioners were chosen initially for two-year, but later for four-year, terms. Delegates were
legislators, while the statutes creating the posts of Resident Commissioner gave these officials
legislative duties and executive responsibilities as well.

¹^A^c^{t of}^A^u^g^.^{7, 17}⁸⁹^{, c}^h^.^8,¹^Sta^t^{. 50}^{. T}^h^is^la^w^,^inc^o^r^p^or^a^tⁱⁿ^g^pr^ov^is^ions^f^r^om^the^e^a^r^lie^r^or^di^na^nc^e^s^of^the^A^r^tic^le^s^of
^Conf^e^d^e^r^a^{tion C}^ong^re^{ss, w}^a^{s ne}^c^e^ssa^r^y^{to f}^{it the}^te^rritoria^l^struc^t^ur^e^{in t}^h^e^ol^{d Nort}^hw^e^s^{t into t}^h^e^ne^w^c^onstitutio^na^l
^f^r^am^ew^or^k^.
²^One^of^the^f^o^re^m^o^{st c}^onstituti^on^a^l^sc^hola^r^{s in A}^m^e^r^ic^aⁿ^history^,^Ma^x^Fa^rra^{nd, c}^o^m^m^eⁿ^te^{d e}^x^te^nsiv^e^l^y^{on the}
^v^a^rⁱ^e^tie^s^of^g^o^v^e^rⁿ^m^e^{nt e}^s^ta^blis^he^{d in U}^.^S.^pos^s^e^s^sⁱ^ons^dur^ing^the¹⁸^th^a^nd¹⁹^th^cen^t^u^ri^es.^S^{ee h}ⁱ^{s art}ⁱ^cl^{e “T}^erri^t^o^r^y^an^d
^District,^”^Am^e^r^ic^{an H}ⁱ^s^t^or^ic^{al Re}^vⁱ^e^w^{, v}^o^{l. 5,}ⁿ^o^.^{4, J}^u^ly¹⁹⁰⁰^{, p}^p^.⁶⁷⁶^-⁶^81.^Se^e^a^l^s^o^hⁱ^s^b^ook^-^l^eⁿ^g^t^h^tr^e^a^t^m^e^nt
^Le^gis^l^ati^oⁿ^of^C^o^ngr^e^s^s^for^t^h^e^G^o^v^e^r^nm^eⁿ^{t of}^the^O^r^g^aniz^e^{d Te}^r^rⁱ^torⁱ^e^s^{of t}^h^e^Uⁿⁱ^t^e^d^State^s^,¹⁷^89-¹⁸⁹⁵^(New^ark,^NJ:
^B^a^k^e^r^P^r^inte^r^s^,¹⁸⁹⁶⁾^.
³^T^h^e^c^onc^e^p^{t of}^uⁿ^inc^o^r^p^or^a^t^e^d^te^r^r^itorⁱ^e^s^w^a^s^fⁱ^r^s^{t e}^nunc^ia^te^d^by^C^h^ie^f^J^u^s^tic^e^Edw^a^r^d^D^.^W^h^ite^{in a}^c^onc^ur^rⁱ^ng
^opi^nioⁿⁱⁿ^Do^wⁿ^{es v.}^Bⁱ^d^w^el^l^,¹⁸^{2 U}^S²⁴^4,^{45 L}^Ed¹⁰⁸⁸^,²¹^{S C}^t⁷⁷⁰⁽¹⁹⁰¹⁾^{. T}^h^e^dⁱ^s^tinc^tⁱ^on^be^tw^ee^{n inc}^o^r^por^a^t^e^d
^a^{nd u}ⁿⁱⁿ^c^o^r^p^or^a^t^e^d^te^r^rⁱ^t^o^rⁱ^e^s^w^a^s^fⁱ^r^s^{t e}^ndor^s^e^{d by}^a^m^a^jorⁱ^t^y^of^t^h^e^Su^pr^e^m^e^C^our^{t in}^D^o^{rr v.}^Unⁱ^t^ed^S^t^a^t^es^,¹⁹^{5 US}
¹³⁸^{, 4}⁹^L^Ed¹^28,²⁴^{S C}^t⁸⁰⁸⁽¹⁹⁰⁴⁾^.

Although the House passed a bill in 1900 providing for the selection of a Delegate from Puerto
Rico, the Senate amended the measure to establish instead an office of Resident Commissioner.
The Senate action was predicated on opposition to a potential for statehood that was implicit in
establishing the post of Delegate. As Senator John Coit Spooner, chairman of the Senate Rules
Committee, stated:
^T^h^{ere is}ⁿ^o^dif^f^e^ren^{ce bet}^w^ee^{n a Deleg}^a^{te in}^C^ong^res^s^an^{d a m}^e^m^b^{er ex}^{cept i}ⁿ^th^e^m^a^tter^o^f
^{a v}^o^t^e^{. It}^h^a^s^al^w^a^y^s^been^coⁿ^sⁱ^d^{ered a}^pl^edg^e^of^s^t^at^eh^{ood. N}^o^C^oⁿ^g^r^ess^gⁱ^v^e^s^{a del}^e^g^a^t^e^t^o
^{a people ex}^cept^u^pon^t^h^e^th^eo^ry^t^h^{at t}^h^e^ti^m^eⁱ^s^to^co^m^e^wh^{en t}^h^e^y^s^h^all^{be ad}^mⁱ^{tted to}
^s^t^ateh^{ood an}^{d en}^t^{itled to participate as}^on^{e of}^t^h^{e State}^s^of^t^h^{e Un}^ion^.^I^kⁿ^o^wⁿ^o^{t h}^o^w^ti^m^e
^ma^{y c}^h^aⁿ^ge^{my o}^wⁿ^vi^e^w^oⁿ^t^h^a^t^s^u^b^j^e^c^t^,^b^u^t^I^a^m^fr^a^{nk t}^o^sa^y,^wⁱ^t^h^a^he^a^r^t^f^u^l^l^o^f^ki^nd^ne^s^s
^f^o^{r t}^h^a^t^peopl^{e, I a}^mⁿ^o^t^y^e^t^re^ady^,ⁿ^o^{r are}^w^e^cal^l^e^d^u^ponⁿ^o^w^,^t^o^gi^v^e^t^h^at^qu^a^sⁱ^pl^ed^g^e^of
^s^t^ateh^{ood, or to}^im^pl^y^t^h^{at th}^e^y^wⁱ^{ll ev}^{er reach}^{a con}^d^ition^w^h^{ere it s}^h^{all be eith}^{er f}^o^{r th}^ei^r⁴
ⁱⁿ^ter^e^st^{s, o}^r^cer^tain^l^y^f^o^r^o^u^r^s^{, to}^{let th}^e^m^b^eco^m^e^oⁿ^{e o}^f^th^e^m^e^m^b^er^{s o}^f^thⁱ^s^Uⁿ^ioⁿ^.
At first, the Resident Commissioners were not fully welcome in the House of Representatives.
The act creating the office set the salary of the Resident Commissioner at $5,000 per annum, the
same as that for Members of Congress, but did not specify his responsibilities in the House of
Representatives, if any. As one scholar has noted, the Resident Commissioner was “given neither
voice nor vote in congressional deliberations; in fact, he was not even allowed on the floor of the
House. His only contacts with the Members were at their private quarters or in committee ⁵
rooms.”
The House took incremental steps to grant more privileges to the Resident Commissioner from
Puerto Rico. On June 28, 1902, the House agreed to H.Res. 169, introduced by Representative
Henry Allen Cooper (R-WI), the Chairman of the House Insular Affairs Committee, to amend
House Rules to give floor privileges to the Resident Commissioner. With the adoption of the
resolution, the Commissioner was put on a par with the clerks of House committees, heads of
executive departments, foreign ministers, and the Librarian of Congress in having access to the
House chamber. However, the Resident Commissioner was still not allowed to speak on the
House floor.
It was not until 1904 that the House granted to the Resident Commissioner the same right to
speak on the floor and to serve on committees as was accorded to territorial Delegates. The issue
of granting more parliamentary rights to the Resident Commissioner was directly connected to
efforts by Representative Cooper and others to amend the organic act for Puerto Rico to provide
for the election of a territorial Delegate instead of a resident commissioner. The House Rules ^th
Committee reported a resolution (H.Res. 197, 58 Congress) amending House Rule XII to grant
the Commissioner the same “powers and privileges as to committee service and in the House as
are possessed by Delegates.” Representative John Sharp Williams, the ranking minority member
of the Rules Committee, sought to recommit the resolution to the Rules Committee with
instructions that the Resident Commissioner receive the same rights and privileges as Delegates,
and that the House begin consideration within two weeks of a bill (H.R. 3540, sponsored by

⁴^Se^{n. J}^o^hⁿ^Coi^t^S^p^o^one^{r, re}^m^a^rk^s^{in t}^h^e^Se^na^te^,^C^o^ng^ressioⁿ^a^l^Rec^o^rd^{, A}^p^r^.^2,¹⁹^00,^v^o^l.³³^{, p}^.³⁶³²^.
⁵^W^illia^m^{R. T}^a^{nsill, “}^T^he^Re^side^{nt Com}^mⁱ^s^s^ione^{r to}^the^Un^ite^d^St^a^t^e^s^f^r^o^m^P^u^e^r^to^Ric^o^,”^R^evi^st^{a Ju}^ri^dⁱ^{ca d}^e^l^a
^Uⁿ^iv^e^r^sⁱ^dad^de^P^u^e^r^{to Ric}^o^{, v}^o^l.^47,^nos^{. 1-}^2,¹⁹⁷⁸^{, p}^.⁷²^.

Representative Cooper) to provide Puerto Rico with a Delegate. On a point of order raised by
Representative John Dalzell, the Rules Committee floor manager, the Speaker ruled Williams’s
motion to recommit out of order. The House agreed to H. Res. 197 by voice vote. Thereupon,
Speaker Joseph G. Cannon named the Resident Commissioner, Federico Degetau, to the ⁶
Committee on Insular Affairs.
Initially, the Resident Commissioner was limited to service on the Insular Affairs Committee, but ^th
the House slowly took actions to assign the Commissioner to other panels. In 1933, in the 76
Congress, Resident Commissioner Santiago Iglesias became the first Commissioner to serve on
additional committees, being named to the Agriculture, Labor, and Territories Committees, in
addition to the Committee on Insular Affairs. Thereafter, no Resident Commissioner served only
on the Insular Affairs Committee, or the current Committee on Resources, which has assumed
jurisdiction over territorial affairs legislation.

Although the Resident Commissioner was permitted to serve on a broader range of committees,
the Commissioner had no right to vote in committee, nor to acquire seniority leading to a ⁷
leadership post on a subcommittee or full committee. This changed with the passage of the
Legislative Reorganization Act of 1970, a measure reorganizing the operations of the House and
Senate, including their committees.
Provisions in the reorganization bill then being considered by the House sought to remove
obsolete provisions from House Rules. Among these provisions still in House Rules in 1970 was
language specifying the committees to which the Resident Commissioner from Puerto Rico, and
the Delegates from Alaska and Hawaii, were to be assigned as “additional members,” despite the
admission of the latter two territories to statehood a decade earlier. The House version of the bill
proposed merely to delete references to Alaska and Hawaii and to continue language in Rule XII
requiring the Resident Commissioner to serve as an “additional,” non-voting member on the
committees on which he served, without accruing seniority.
Resident Commissioner Jorge Cordova offered an amendment in the Committee of the Whole to
revise the rule to read as follows:

⁶^“^R^e^s^ideⁿ^{t C}^o^m^mⁱ^s^sⁱ^one^r^{to t}^h^e^Uⁿ^ite^{d S}^t^a^t^e^s^f^r^o^m^P^o^r^t^{o R}ⁱ^c^o^,”^r^e^m^a^r^k^s^of^R^e^{p. J}^ohn^D^a^lz^e^{ll a}^nd^othe^r^s^,
^C^ongr^e^s^sⁱ^o^nal^Re^c^o^r^d^,^Fe^b.^4,¹⁹^{04, v}^o^l^.^38,^p^p^.¹⁵^23-¹⁵^29.^T^h^e^H^ous^e^w^a^s^le^s^s^dir^e^c^t^{in pr}^ov^iding^s^u^c^h^rⁱ^g^h^ts^t^o^t^h^e
^tw^{o R}^e^sⁱ^de^{nt C}^o^m^m^is^sⁱ^one^r^s^f^r^om^the^P^hⁱ^lip^pine^s^.^Oⁿ^Fe^b.^4,¹⁹⁰⁸^{, t}^h^e^H^ous^e^a^g^r^e^e^d^to^a^r^e^s^o^luti^oⁿ^r^e^por^te^d^by^R^e^p.
^Dal^zel^l^gran^tⁱⁿ^{g t}^h^{e p}^rⁱ^vⁱ^l^e^{ges o}^f^t^h^{e f}^l^o^o^r^wⁱ^t^h^t^h^{e ri}^gh^t^o^f^d^e^b^a^t^e^t^o^t^h^e^P^hⁱ^lⁱ^p^pⁱⁿ^e^Resi^d^eⁿ^t^Co^m^mⁱ^ssi^oⁿ^e^rs.^Becau^se^th^st
^{this re}^sol^u^tioⁿ^didⁿ^o^{t a}^m^e^{nd Hou}^s^e^Rule^{s, its}^a^u^t^horⁱ^t^y^la^ps^e^d^w^{ith the}^e^x^pir^a^tioⁿ^of^the⁶⁰^Co^ng^{. I}ⁿ^the⁶¹^C^ong^.,
^{on J}^aⁿ^.⁷^,¹⁹¹⁰^{, D}^a^lz^e^{ll pr}^e^s^eⁿ^te^d^by^una^nim^ous^c^ons^eⁿ^t^a^s^t^a^ndi^ng^or^de^r⁽^not^a^r^u^le⁾^a^u^th^or^iz^ing^t^h^e^pr^iv^ile^g^e^s^of^the
^f^l^oor^w^{ith the}^rⁱ^g^h^t^to^de^ba^te^t^o^t^h^e^tw^{o R}^e^sⁱ^de^{nt C}^o^m^m^is^sⁱ^one^r^s^by^nam^e⁽^C^om^mⁱ^s^sⁱ^one^r^s^L^e^g^a^r^d^a^a^{nd Q}^u^e^z^oⁿ⁾^{. I}ⁿ^nd
^the⁶²^C^ong^{., a}ⁿ^othe^r^r^e^s^o^luti^on^g^r^aⁿ^te^{d “}^t^he^rⁱ^g^h^t^of^de^ba^te^”^to^t^h^e^tw^{o R}^e^sⁱ^de^{nt C}^o^m^mⁱ^s^sⁱ^one^r^s^f^r^o^m^the
^Phili^ppi^ne^{s. T}^h^e^r^e^a^f^te^{r, the}^House^did^no^{t re}^ne^w^the^s^e^re^so^lutio^ns,^a^{nd t}^h^e^P^h^ilip^pine^Re^si^de^{nt C}^o^m^m^is^sione^{rs w}^e^re
^re^c^o^gⁿ^iz^e^d^f^o^{r de}^ba^te^by^una^nim^{ous c}^o^nseⁿ^{t. U}ⁿ^lik^e^the^Re^side^nt^Com^m^issione^{r f}^r^o^m^P^u^e^r^to^Ric^o^,^the^P^h^ilip^pi^ne
^R^e^sⁱ^de^{nt C}^o^m^mⁱ^ss^ione^r^s^w^e^r^e^nev^e^r^a^s^sⁱ^gⁿ^e^d^{to c}^o^m^m^itte^e^s^.
⁷^T^h^{e Resid}^eⁿ^t^Co^mm^issioⁿ^e^{r w}^a^sⁿ^o^t^th^e^oⁿ^l^y^oⁿ^e^t^o^b^e^d^eⁿⁱ^e^d^th^e^rig^h^{t to}^v^o^t^{e o}^r^accru^e^senⁱ^o^r^ityⁱⁿ^co^mm^ittee^s^{. T}^h^e
^ba^{n a}^p^plie^d^{to a}^l^l^te^r^r^itorⁱ^a^l^D^e^le^g^a^te^s^a^s^w^e^{ll, but a}^f^te^r^the^a^d^mⁱ^s^sⁱ^on^of^H^a^w^a^{ii a}^{nd A}^l^a^s^ka^{to s}^t^a^t^e^h^ood^{, t}^h^e^R^e^sⁱ^de^nt
^C^o^m^m^is^sⁱ^one^r^f^r^o^m^P^u^e^r^to^Rⁱ^c^o^w^a^s^the^only^no^n-^v^o^ting^Me^m^b^e^r^of^the^H^ous^e^.^D^e^le^g^a^te^s^w^e^r^e^pr^ov^ide^d^f^o^r^the
^Distric^t^of^Colum^b^ia^{, the}^U.^S.^Vⁱ^r^g^{in Isla}^nds^{, G}^u^a^m^{, a}^{nd A}^m^e^r^icaⁿ^Sa^m^o^a^dur^ing^the¹⁹^70s^.

^T^h^{e R}^e^sⁱ^den^t^C^o^m^mⁱ^s^sⁱ^on^{er t}^o^th^{e Un}^{ited S}^t^ates^f^r^o^m^P^u^ert^o^Rⁱ^{co s}^h^{all be elected to s}^e^rv^e
^on^s^t^aⁿ^ding^co^m^mⁱ^tteesⁱⁿ^t^h^e^s^a^m^e^m^aⁿⁿ^e^{r a}^s^Me^m^b^er^s^of^t^h^{e Hous}^{e an}^d^s^h^al^{l pos}^s^e^s^sⁱⁿ
^com^mⁱ^ttees^t^h^{e s}^a^m^e^po^w^e^rs^aⁿ^{d priv}^ileg^e^s^as^t^h^{e oth}^e^{r Me}^m^b^er^s^.
The effect of the amendment was to give the Resident Commissioner the right to vote in any
committee on which he was elected to serve, to accrue seniority, and to assume a leadership post
within any committee.
The amendment was opposed by the bill’s floor manager, Representative B.F. Sisk, who was also
a senior member of the House Rules Committee. Arguing that the office of Delegate (and, by
implication, that of the Resident Commissioner) was created as a “courtesy” to the territories,
Sisk claimed that just as it would be unconstitutional for a Delegate to vote in the House, it would
be equally unconstitutional for a Delegate to vote in committee. “... (A) Delegate from a territory
is not a Member of the House of Representatives.... Manifestly, the House could not elect to one
of its standing committees a person who is not a Member of the House.”
Representative Thomas S. Foley supported the amendment, arguing that giving Delegates voting
rights in committee was only a matter of the internal organization of the House, and did not raise
a constitutional question:
^T^h^{e co}^m^m^ittee^s^o^f^th^e^Ho^u^s^{e o}^f^Rep^r^eseⁿ^tati^v^e^{s ar}^e^cr^eatu^r^{es o}^f^th^e^Ho^u^s^{e o}^f
^R^e^presen^tatⁱ^v^e^{s. T}^h^e^y^can^{be e}^x^tiⁿ^g^uⁱ^sh^{ed at}^w^{ill a}ⁿ^{d created at}^wⁱ^l^l^{.... T}^h^{e poin}^t^{is th}^{at t}^h^e
^coⁿ^s^tit^u^tioⁿ^a^{l iss}^u^{e d}^o^e^{s n}^o^{t to}^u^c^h^p^r^eli^mⁱⁿ^ar^y^ad^vⁱ^so^r^y^v^o^t^es^w^h^ichⁱ^s^w^h^{at sta}ⁿ^dⁱⁿ^g
^com^mⁱ^{ttee v}^o^tes^{are, bu}^{t on}^l^y^t^h^{e v}^o^tes^w^h^ic^h^{are cas}^{t in}^C^o^mm^{ittee of}^t^h^{e W}^h^{ole or th}^{e fu}^ll
^Hou^s^{e. T}^h^es^e^v^o^tes^{can be cas}^t^on^l^y^b^y^Me^m^b^ers^of^C^ong^res^s^{. So n}^o^t^h^ing^th^at^t^h^{e R}^e^sⁱ^dent
^C^o^m^mⁱ^s^s^ion^e^{r cou}^l^{d do in}^{a co}^mm^{ittee v}^o^{te cou}^l^{d beco}^m^e^{a fin}^a^{l decis}ⁱ^on^uⁿ^l^e^s^s^{a m}^a^jo^rⁱ^ty
^of^th^{e elected Me}^m^b^ers^o^f^C^oⁿ^g^r^e^s^s^s^u^{pported h}ⁱ^s^pos^ition^.
Representative Robert McClory, a member of the Joint Committee on the Organization of
Congress which had assembled the recommendations contained in the bill, supported Foley’s
position. “It is true that if he [a Delegate or Resident Commissioner] acts on matters in committee
that he is not going to be able to make any laws through a vote on the floor of the House with
respect to such legislation.... ”
Sisk responded to the statements in support of the Cordova amendment by clearly enunciating the
parliamentary implications of permitting Delegates to vote in committee.
^I^w^aⁿ^t^ed^to^a^s^k^th^e^g^eⁿ^tle^m^aⁿ^f^r^o^m^W^a^s^hⁱⁿ^g^t^oⁿ^{(Mr. Fo}^le^y⁾^if^h^e^wⁱ^s^h^es^to^o^r^w^{ill accep}^t
^hⁱ^m⁽^t^h^e^Re^sid^eⁿ^t^Co^m^mⁱ^ssioⁿ^er⁾^{as p}^a^r^t^o^f^{a q}^u^o^r^u^m^—iⁿ^o^t^h^e^r^w^o^r^d^s,^w^ill^h^e^b^e^co^uⁿ^t^ed
^f^o^{r th}^{e p}^u^rpos^{e of}^{a qu}^orumⁱⁿ^co^m^mⁱ^t^t^{ee. I do n}^o^{t s}^{ee t}^h^e^g^eⁿ^t^le^m^aⁿ^oⁿ^t^h^{e floor at th}^e
^m^o^m^eⁿ^t^.^B^u^t^I^a^m^c^u^rⁱ^o^u^s^t^o^kⁿ^o^wⁱ^fⁱ^t^w^o^u^l^d^b^eⁱⁿ^t^e^r^p^r^e^t^e^d^t^h^a^t^h^e^wo^u^l^d^b^e^eⁿ^titled^to^v^o^te
ⁱⁿ^t^h^{e C}^o^mm^{ittee o}^f^th^{e W}^h^ol^{e Hou}^s^{e on}^th^e^{State of}^th^e^Uⁿ^ion^,^as^th^e^C^o^m^mⁱ^{ttee of}^t^h^e
^W^h^{ole certain}^l^yⁱ^s^s^e^{parate and apart f}^r^o^m^th^e^Hous^{e an}^{d i}ⁿ^th^{e s}^a^m^e^s^e^ns^{e i}^s^{a creatu}^r^{e o}^f
^th^{e Hous}^{e in}^t^h^{e s}^a^m^e^s^eⁿ^s^{e t}^h^{at a com}^mⁱ^t^t^{ee is}^{a creatu}^r^{e of th}^{e Hou}^s^e.
Although Representative Foley was not present to answer the inquiry, Commissioner Cordova
claimed that it was not his intention to seek voting rights in Committee of the Whole. “The
amendment which I have offered refers expressly to the standing committees. I believe the
Committee of the Whole House is not a standing committee.” Representative Hugh Carey, a
member of the Interior Committee on which Cordova also served, noted that any Delegate’s
decisive committee vote in support of a measure or an amendment could be overturned by a
subsequent vote of the House.

Cordova’s amendment was agreed to by voice vote in Committee of the Whole. No separate vote
on it was demanded when the bill was considered in the House. The Rules change became ^nd⁸
effective with the start of the 92 Congress in 1971.

Although Commissioner Cordova denied any interest in expanding the authority of the Resident
Commissioner to vote in the Committee of the Whole House on the State of the Union, greater
attention was paid to the issue in subsequent years. In the 1970s, Congress authorized the election
of non-voting Delegates from the District of Columbia, Guam, the U.S. Virgin Islands, and
American Samoa. Together, the non-voting Members have achieved a greater degree of influence
because of their rising numbers. Suggestions were made as early as 1985 that the non-voting
Members could constitutionally be permitted to vote in Committee of the Whole House on the
same basis through which they were permitted to vote in House committees.
The Committee of the Whole is, in some respects, the House of Representatives meeting in
another form. Every House Member (including the non-voting Members) is automatically a
member of the Committee of the Whole. Unlike the House, however, the Committee of the Whole
operates under different rules that permit more Members to participate in debate and provide for
the expeditious consideration of amendments to bills. Actions taken by the Committee of the
Whole, however, are not final. Any amendment agreed to in Committee of the Whole must also
be submitted to the full House for approval. An amendment defeated in Committee of the Whole
is not normally considered again in the House.
House Rules also set the quorum in Committee of the Whole at 100 Members, an
unconstitutionally low number that would prohibit any final action on a measure from being taken
there. Participation in Committee of the Whole is important because, if the House is going to
permit amendments to be offered to a measure, the measure will almost always be considered in
Committee of the Whole. Additionally, House Rules require that measures dealing with money
(appropriations and revenue measures, as well as authorizing bills) be considered in Committee of
the Whole.
In 1993, the House amended its Rules to permit the Resident Commissioner and the Delegates to
vote in Committee of the Whole. Some Members were concerned that the votes of Delegates and
the Resident Commissioner against an amendment could succeed in blocking consideration of the
proposal by the full House (thereby allowing non-voting Members to determine the final outcome
on a legislative item). Because granting this potential authority to them might be considered
unconstitutional, the new House Rule permitted the Resident Commissioner and the Delegates to
vote on amendments in Committee of the Whole, but required an immediate second vote in the
House (with only Members from the states voting) if the combined votes of the Resident
Commissioner and the Delegates were decisive in the outcome of the Committee of the Whole
vote.
The House Republican leadership filed suit, arguing that the rule was unconstitutional. Court ⁹
rulings at the U.S. district court and appeals court levels let the rule stand. At the beginning of

⁸^T^h^e^c^o^m^p^le^te^de^ba^te^{on t}^h^e^C^o^r^d^ov^a^am^e^ndm^eⁿ^{t c}^aⁿ^be^f^oun^{d i}ⁿ^C^ongr^e^s^sⁱ^o^nal^Re^c^o^r^d^,^v^o^{l. 11}^{6, Se}^{pt. 15,}¹⁹⁷⁰^{, pp.}
³¹⁸⁴⁷^-³¹⁸⁵^2.

the 104^th Congress, however, under a Republican majority, House Rules were amended to once
again prevent the Resident Commissioner and the Delegates from voting in Committee of the
Whole.
At the beginning of the 110^th Congress, under a Democratic majority, the House adopted Rules
providing each Delegate and the Resident Commissioner with the same powers and privileges as ¹⁰
Representatives in the Committee of the Whole.

Although the Resident Commissioner has no vote in the House, he possesses (along with the
territorial Delegates) the same parliamentary rights as any Member of the House, including the
right to sponsor or cosponsor bills, to offer amendments to pending measures, and to offer most ¹¹
other parliamentary motions. Not only may the Resident Commissioner and the Delegates serve
on committees, they also are appointed to serve on conference committees, the panels at which
compromise versions of bills that have passed the House and Senate in different forms are
drafted.
Table 1 and Table 2 at the end of this report provide data on the number of House bills and ^rd
resolutions sponsored or cosponsored by Resident Commissioners since the 93 Congress, the
number of these measures that have passed the House, and the number that have ultimately been
adopted by Congress or ultimately enacted into law.
On average, House Members introduce between 15 and 20 measures per Congress. (There were ^th

9,419 House bills and resolutions introduced in the 110 Congress, or about 21 per Member,

including the non-voting Members.) There is much greater variation among House Members in
the number of measures each endorses as a cosponsor. A partial survey of the data indicates that
the Resident Commissioner and the Delegates are often more active in cosponsoring bills than is
a typical voting Member of the House. It may be that the Resident Commissioner and the
Delegates use cosponsorship as an implied substitute for a vote on the floor in support of a
measure.
The Resident Commissioner can also have substantial impact on legislation considered by the
committees on which he serves as a voting member. Although no non-voting Member has served
as a standing committee chair or ranking minority member since the Delegates and Resident
Commissioner were granted committee voting rights, a number of have served as subcommittee
chairs or ranking members. Such subcommittee leaders play a major role in determining the
agenda of their subcommittee, in determining which measures will receive action and which will
not, and in allocating staff resources to conduct investigations into matters within the purview of
the subcommittee.

^(...c^on^tin^ue^d)
⁹^Mi^ch^el^v.^Aⁿ^d^e^rsoⁿ^,⁸¹^{7 F}^.^S^u^p^p^.¹²^{6 (}^D^.D^.C^{. 1}⁹⁹³⁾^,¹⁴^F.^3d⁶²³⁽^D^.C^.C^ir^{. 1}⁹⁹⁴⁾^.
¹⁰^Ho^u^s^{e Ru}^{le III}^{, cl. (}³^)(a).
¹¹^T^h^e^non-^v^o^ting^Me^m^b^e^r^s^a^r^e^pr^o^h^ibite^{d f}^r^om^of^f^e^rⁱ^ng^a^“m^{otion t}^o^r^e^c^onsⁱ^d^e^r^.”^T^h^a^t^m^o^{tion c}^a^lls^u^pon^the^H^ous^e^t^o
^v^o^te^a^g^aⁱ^{n on a}^pro^positi^on^w^h^ic^{h ha}^{s a}^l^re^a^d^y^be^eⁿ^se^ttle^{d. T}^o^qua^li^fy^{to off}^e^{r the}^m^o^tion^,^the^Me^m^b^e^r^of^f^e^ring^it^m^u^st
^ha^v^e^v^o^te^{d on}^the^wⁱⁿⁿⁱ^ng^sⁱ^de^d^u^rⁱ^ng^t^h^e^e^a^r^lie^r^v^o^te^{. Si}^nc^e^the^R^e^sⁱ^de^{nt C}^o^m^mⁱ^ss^ione^r^a^{nd D}^e^le^g^a^te^s^c^a^{nnot v}^o^teⁱⁿ
^the^H^ous^e^,^the^y^c^a^{nnot ha}^v^e^v^o^te^{d o}ⁿ^t^h^e^wⁱ^nning^sⁱ^de^a^nd,^the^r^e^f^or^e^,^do^no^{t q}^u^a^lif^y^{to of}^f^e^r^s^u^c^h^a^m^o^tion.

As voting members of committees, the Resident Commissioner and Delegates can offer
amendments or other parliamentary motions during committee consideration of bills. These can ^th
often change the pending measures substantially. For example, in the 105 Congress, H.R. 856,
the United States-Puerto Rico Political Status Act, was reported from the House Natural
Resources Committee after the committee had agreed to three amendments offered during the ¹²
committee markup by the Resident Commissioner from Puerto Rico.
The Resident Commissioner and Delegates can also use other parliamentary mechanisms to
convey their specific views on pending legislation. For example, in 2002, the Resident
Commissioner introduced H.R. 3955, a bill to designate certain lands in the Caribbean National
Forest as wilderness areas. When the measure was reported from committee, the Commissioner
took the opportunity provided by House Rules to file written supplemental views for inclusion in ¹³
the committee report. Such statements help guide federal agencies in implementing bills which
later become law.
The Resident Commissioner has often acted in concert with Hispanic Members of the House. In
1970, Resident Commissioner Cordova was one of the five founding members of the
Congressional Hispanic Caucus. Commissioners since that time have been active members of the
caucus, regardless of their political party affiliation. Acting together with others on matters of
mutual concern provides some means by which the Resident Commissioner can influence action
in the committees on which he does not serve. Since most of the Hispanic Caucus members are
voting Members of the House, they can also work with the Resident Commissioner on matters of
mutual interest. Nevertheless, there are subjects on which the Hispanic Caucus is divided, and the
Resident Commissioner may not always have the support of colleagues in the caucus.
These factors can help the Resident Commissioner in the legislative functions assigned to the
office. Notwithstanding these practices, the lack of a vote in the House has an obvious impact on
the role and influence that the Resident Commissioner or any of the Delegates may have in the
legislative process. As a mainland Representative commented about the role of the Resident
Commissioner in seeking legislative action on a measure important to the island, “I cannot ¹⁴
describe what life must be like at the bargaining table without a vote.”
The Resident Commissioner can also benefit from the large presence of Puerto Rican voters in
many congressional districts on the mainland. Nearly three and one-half million people of Puerto
Rican origin or ancestry live in the continental United States, according to the 2000 Census, and
form a significant electoral base in a number of states. Matters of concern to Puerto Ricans living
outside the Commonwealth may, therefore, become matters of importance to House Members
from these states. In addition, several Representatives and Senators have had first-hand
experience in Puerto Rico serving as Peace Corps volunteers in the Commonwealth, or serving in
Puerto Rico during their military service. As a former Resident Commissioner was quoted as
saying about his interactions with colleagues, “We are American citizens, and somebody has to go

¹²^{U.S. C}^ong^re^{ss, House}^Com^m^itte^e^{on Re}^so^urc^e^s^,^Uⁿ^ite^d^St^ate^s^-^P^u^e^r^t^{o Ric}^o^P^o^lit^ic^al^Stat^us^Ac^t^,^repo^rt^t^o^acco^m^p^an^y
^H^.^R^.⁸^56,¹⁰⁵^th^Cong^.,¹^st^s^e^s^s^{., H}^.^R^e^pt.¹⁰^5-¹^31,^pt.¹⁽^W^a^s^hing^to^{n: G}^P^O^,¹⁹⁹⁷⁾^{, p}^.²^.
¹³^“^A^dditiona^l^Vie^w^s^of^C^ong^r^e^s^s^m^a^{n A}ⁿ^iba^l^A^c^ev^e^do-^Vila^”ⁱⁿ^U^.^S.^C^ong^r^e^s^s^,^H^ous^e^C^o^m^m^itte^e^{on R}^e^s^our^c^e^s^,
^C^a^rⁱ^bbe^{an N}^a^ti^on^{al F}^o^r^e^s^t^W^ilde^r^ne^s^s^Ac^{t of}²⁰⁰²^,^rep^o^r^t^t^o^acco^m^p^an^y^H.^R.³⁹⁵⁵^,¹⁰⁷^th^Cong^.,²^nd^s^e^s^s^{., H}^.^Re^pt.
¹⁰⁷^-⁴^{09 (}^W^a^s^hing^to^{n: G}^P^O^,²⁰⁰²⁾^,^pp.^5-^6.
¹⁴^R^obi^{n T}^one^r^,^“^W^or^kⁱ^ng^P^r^of^ile^{: J}^aⁱ^m^e^Fus^t^e^r^,”^{New Yo}^{rk Times}^,^Ma^y^{8, 198}^6,^{p. B}²^.

out there [to the rest of the House of Representatives] and remind members that that is the case.... ¹⁵
[By doing so,] I’ve been able to take care of my constituents’ interests.”
Table 1. Measures Sponsored by Resident Commissioner, 93^rd-110^th Congresses
^Cong^{ress Measures}^Introdu^ced^a^{Measures Passed House}^Enacted^b
⁹³^rd⁽¹⁹⁷^3-19⁷⁴⁾¹²
⁹⁴^th⁽¹⁹^75-1⁹⁷⁶⁾¹³
⁹⁵^th⁽¹⁹^77-1⁹⁷⁸⁾³⁰¹¹
⁹⁶^th⁽¹⁹^79-1⁹⁸⁰⁾¹⁹¹
⁹⁷^th⁽¹⁹^81-1⁹⁸²⁾¹⁸¹
⁹⁸^th⁽¹⁹^83-1⁹⁸⁴⁾¹⁶
⁹⁹^th⁽¹⁹^85-1⁹⁸⁶⁾⁸
¹⁰⁰^th⁽¹⁹⁸^7-19⁸⁸⁾⁸
¹⁰¹^st⁽¹⁹⁸^9-19⁹⁰⁾²²
¹⁰²^nd⁽¹⁹⁹^1-1⁹⁹²⁾⁵
¹⁰³^rd⁽¹⁹^93-1⁹⁹⁴⁾³¹
¹⁰⁴^th⁽¹⁹⁹^5-19⁹⁶⁾⁵
¹⁰⁵^th⁽¹⁹⁹^7-19⁹⁸⁾⁶¹
¹⁰⁶^th⁽¹⁹⁹^9-20⁰⁰⁾⁸¹¹
¹⁰⁷^th⁽²⁰⁰^1-20⁰²⁾¹⁹³¹
¹⁰⁸^th⁽²⁰⁰^3-20⁰⁴⁾¹⁹²¹
¹⁰⁹^th⁽²⁰⁰^5-20⁰⁶⁾¹⁷³³
¹¹⁰^th⁽²⁰⁰^7-20⁰⁸⁾²⁷⁵⁴^c
^Source:^{Legislative Information}^System
^a.^Includes^{bills, j}^{oint resolutions, c}^oncurre^{nt re}^{solutions and simple}^{resolutions. See CRS Report 98-728,}^Bills,
^Resolutions,^No^{minations, and Treaties: Characteristics, Requirements, a}^{nd Uses}^{, b}^y^{Richard S. Beth.}
^b.^Measur^{es ena}^{cted into law unless}^{otherwise noted.}
^c.^{Includes t}^{hree mea}^sure^{s enact}^{ed into law and one resolution.}
Table 2. Measures Cosponsored by Resident Commissioner, 93^rd-110^th Congresses
^Simple^Conc^urrent
^Measures^Measures^Resolutions^Resolutions^Measures^a
^Cong^ress^Cospo^nsored^{Passed House}^Adopted^Adopted^Enacted
⁹³^rd⁽¹⁹⁷^3-19⁷⁴⁾⁵⁷^{3 0 0}³
⁹⁴^th⁽¹⁹^75-1⁹⁷⁶⁾⁸⁶^{17 0 2}⁷
⁹⁵^th⁽¹⁹^77-1⁹⁷⁸⁾²⁸⁹^{12 2 2}⁵

¹⁵^D^oug^J^.^Sw^aⁿ^s^on,^“^T^r^oubleⁱⁿ^P^a^r^a^dis^e^{: Ma}^ny^I^s^la^nds^C^h^a^f^e^unde^r^Uⁿ^c^l^e^Sa^m^’^s^G^u^iding^H^a^nd,”^O^r^ange^C^o^uⁿ^ty
^Re^giste^r^,^O^c^{t. 2}¹^,¹⁹^90,^p.^M⁶^.

^Simple^Conc^urrent
^Measures^Measures^Resolutions^Resolutions^Measures^a
^Cong^ress^Cospo^nsored^{Passed House}^Adopted^Adopted^Enacted
⁹⁶^th⁽¹⁹^79-1⁹⁸⁰⁾⁴³⁷^{61 2 2}³⁷
⁹⁷^th⁽¹⁹^81-1⁹⁸²⁾⁴²⁵^{58 6 4}²⁴
⁹⁸^th⁽¹⁹^83-1⁹⁸⁴⁾⁵¹⁷^{129 8 5}⁶⁹
⁹⁹^th⁽¹⁹^85-1⁹⁸⁶⁾⁴⁹⁵^{103 4 5}⁵⁸
¹⁰⁰^th⁽¹⁹⁸^7-^{492 132}⁷¹²⁵⁷
¹⁹⁸⁸⁾
¹⁰¹^st⁽¹⁹⁸^9-⁶⁹¹^{127 6 2}⁷⁴
¹⁹⁹⁰⁾
¹⁰²^nd⁽¹⁹⁹^1-³⁰⁹^{94 2 4}⁵⁷
¹⁹⁹²⁾
¹⁰³^rd⁽¹⁹^93-³³⁴^{67 3 2}²⁷
¹⁹⁹⁴⁾
¹⁰⁴^th⁽¹⁹⁹^5-¹⁶⁴^{11 1 0}⁵
¹⁹⁹⁶⁾
¹⁰⁵^th⁽¹⁹⁹^7-¹⁹⁴^{24 3 1}⁸
¹⁹⁹⁸⁾
¹⁰⁶^th⁽¹⁹⁹^9-³³⁴^{59 9 4}²⁰
²⁰⁰⁰⁾
¹⁰⁷^th⁽²⁰⁰^1-¹⁵⁸^{18 2 2}³
²⁰⁰²⁾
¹⁰⁸^th⁽²⁰⁰^3-³⁰⁷^{40 4 5}¹³
²⁰⁰⁴⁾
¹⁰⁹^th⁽²⁰⁰^5-²⁸³^{71 8 4}¹²
²⁰⁰⁶⁾
¹¹⁰^th⁽²⁰⁰^7-^{400 128}⁶⁰³¹⁰
²⁰⁰⁸⁾
^Source:^{Legislative Information}^System
^a.^Includes^{bills and joint resolution}^s.

^{R. Er}^{ic P}^e^ter^s^en
^An^al^y^s^{t i}ⁿ^Am^erican^Natⁱ^on^al^Gov^e^rnm^e^nt
^epet^ers^eⁿ^@^cr^s^.^l^o^c.g^o^v^,^7-⁰⁶⁴³

^T^h^{is r}^e^p^o^r^{t w}^a^s^w^rⁱ^tten^b^y^P^a^u^l^{S. R}^uⁿ^d^q^u^ist,^f^o^r^m^er^l^y^a^Sp^{ecialist i}ⁿ^Am^er^ican^Natioⁿ^a^l^Go^v^e^rⁿ^m^eⁿ^t^at
^CR^S,^w^h^o^h^a^{s r}^e^tir^ed^.