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Thursday, January 13, 2011

Delegates to the U.S. Congress: History and Current Status

Betsy Palmer
Analyst on Congress and the Legislative Process

Delegates, representing territories that had not yet achieved statehood, have served in the House since the late 1700s. In the 20th century, the concept of Delegate grew to include representation of territories where the United States exercises some degree of control, but which were not expected to become states.

In the 112
th Congress, the U.S. insular areas of American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and the federal municipality of the District of Columbia are each represented in Congress by a Delegate to the House of Representatives. In addition, Puerto Rico is represented by a Resident Commissioner, whose position is treated the same as a Delegate.

This report provides historical background on the development of the position of Delegate to Congress and on the rights of a Delegate once seated.

The Constitution makes no provision for territorial representation, and early laws providing for territorial Delegates to Congress did not specify the duties, privileges, and obligations of these representatives. It was left to the House and the Delegates themselves to define their role. On January 13, 1795, the House took an important step toward establishing the functions of Delegates when it appointed James White, the first territorial representative, to membership on a select committee. In subsequent years, Delegates continued to serve on select committees as well as on conference committees. The first assignment of a Delegate to standing committee occurred under a House rule of 1871, which gave Delegates places as additional members on two standing committees. In these committees, the Delegates exercised the same powers and privileges as they did in the House; that is, they could debate but not vote.

In the 1970s, Delegates gained the right to be elected to standing committees (in the same manner as Members of the House) and to exercise in those committees the same powers and privileges as Members of the House, including the right to vote. Today, Delegates enjoy powers, rights, and responsibilities identical, in most respects, to those of House Members from the states. Like these Members, Delegates can speak, introduce bills and resolutions and offer amendments on the House floor; and they can speak, offer amendments and vote in House committees. Under the rules for the 112
th Congress, Delegates may not vote when the House is meeting as the Committee of the Whole nor when the House is operating as the House of Representatives.


Date of Report: January 6, 2011
Number of Pages: 15
Order Number: R40555
Price: $29.95

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