Delegates and the Resident Commissioner

Congress began giving territories a voice in the House under the Northwest Ordinance, and the first territorial delegate took his seat in 1794, representing the Southwest Territory that became Tennessee. Dozens of territories sent delegates before becoming states. Puerto Rico gained a Resident Commissioner under the Foraker Act of 1900, and the modern seats were created by statute: the District of Columbia in 1970, Guam and the U.S. Virgin Islands in 1972, American Samoa in 1978, and the Northern Mariana Islands in 2008.

Today the House has five Delegates, elected to two-year terms, and the Resident Commissioner of Puerto Rico, elected to a four-year term. They may introduce bills, speak on the floor, serve on and vote in committees, and rise in seniority to lead subcommittees and committees, but they cannot vote on the final passage of legislation. They are paid the same as voting members and have offices, staff, and constituent services. Together they represent about 4 million Americans, more people than live in many states.

Whether the delegates may vote in the Committee of the Whole, where the House debates and amends most major bills, has shifted with party control: Democratic majorities allowed it in 1993, 2007, and 2019, with a rule that their votes could not decide an outcome, and Republican majorities removed the right in 1995, 2011, and 2023. Supporters of a greater role say Americans in the District and territories deserve representation, while opponents say the Constitution limits House voting membership to representatives of the states. The debate is closely tied to proposals for statehood for the District of Columbia and Puerto Rico.