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Union Calendar No. 106
105th CONGRESS
1st Session
H. R. 856
[Report No. 105-131, Part I]
_______________________________________________________________________
A BILL
To provide a process leading to full self-government for Puerto Rico.
_______________________________________________________________________
July 11, 1997
The Committee on Rules discharged; referred to the Committee of the
Whole House on the State of the Union and ordered to be printed
Union Calendar No. 106
105th CONGRESS
1st Session
H. R. 856
[Report No. 105-131, Part I]
To provide a process leading to full self-government for Puerto Rico.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 1997
Mr. Young of Alaska (for himself, Mr. Gingrich, Mr. Romero-Barcelo, Mr.
Gallegly, Mr. Burton of Indiana, Mr. Serrano, Mr. Kennedy of Rhode
Island, Mr. Calvert, Mr. Gilman, Mr. Rahall, Mr. Tauzin, Mr. Green, Mr.
McCollum, Mr. Deutsch, Mr. Pombo, Mr. Payne, Mr. Gilchrest, Mr. Jones,
Mr. Stump, Mr. Sawyer, Mr. Fazio of California, Mr. Skeen, Mr. Dooley
of California, Mr. Kildee, Ms. Norton, Mr. Underwood, Mr. Klink, Mr.
Hinchey, Mr. Farr of California, Mr. Wynn, Mr. Davis of Virginia, Mr.
Hall of Ohio, Ms. Jackson-Lee of Texas, Mr. DeFazio, Mrs. Meek of
Florida, Mr. Kucinich, Mr. Barcia, Mr. Pastor, Mr. Torres, Mr. Pallone,
Mr. Pascrell, Mr. Lewis of Georgia, Ms. Pelosi, Ms. Christian-Green,
Mr. Vento, Mrs. Mink of Hawaii, Mr. Pickett, Mr. Kim, Mr. Rothman, Mr.
English of Pennsylvania, Mr. Forbes, Mr. Thompson, Mr. Hinojosa, Mr.
Ackerman, Mr. Oxley, Mr. Hastings of Florida, Mr. Tierney, Mr.
Abercrombie, Mr. Bishop, Mr. Saxton, Mr. Miller of California, Mr.
Smith of Washington, Mr. Engel, Mr. John, Mr. DeLay, Ms. Slaughter, and
Ms. Sanchez) introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Rules, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
June 12, 1997
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
June 12, 1997
Referral to the Committee on Rules extended for a period ending not
later than July 11, 1997
July 11, 1997
Additional sponsors: Mr. Delahunt, Mr. Markey, Mr. Clyburn, Mr. Owens,
Mr. Clay, Mr. Fattah, Mr. Hastert, Mr. Ortiz, Mr. Oberstar, Mr. Reyes,
Mr. Martinez, Mr. Dickey, Mr. Hoyer, Mr. Hansen, Mr. Kind, Mr. Snyder,
Mr. McNulty, Mr. Lazio of New York, Mr. Radanovich, Mr. Blumenauer, and
Mr. Gephardt
July 11, 1997
The Committee on Rules discharged; referred to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 27, 1997]
_______________________________________________________________________
A BILL
To provide a process leading to full self-government for Puerto Rico.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-
Puerto Rico Political Status Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Policy.
Sec. 4. Process for Puerto Rican full self-government, including the
initial decision stage, transition stage,
and implementation stage.
Sec. 5. Requirements relating to referenda, including inconclusive
referendum and applicable laws.
Sec. 6. Congressional procedures for consideration of legislation.
Sec. 7. Availability of funds for the referenda.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Puerto Rico was ceded to the United States and came
under this Nation's sovereignty pursuant to the Treaty of Paris
ending the Spanish-American War in 1898. Article IX of the
Treaty of Paris recognized the authority of Congress to provide
for the political status of the inhabitants of the territory.
(2) Consistent with establishment of United States
nationality for inhabitants of Puerto Rico under the Treaty of
Paris, Congress has exercised its powers under the Territorial
Clause of the Constitution (article IV, section 3, clause 2) to
provide by several statutes beginning in 1917, for the United
States citizenship status of persons born in Puerto Rico.
(3) Consistent with the Territorial Clause and rulings of
the United States Supreme Court, partial application of the
United States Constitution has been established in the
unincorporated territories of the United States including
Puerto Rico.
(4) In 1950, Congress prescribed a procedure for
instituting internal self-government for Puerto Rico pursuant
to statutory authorization for a local constitution. A local
constitution was approved by the people of Puerto Rico,
conditionally approved by Congress, subject to congressionally
required amendment by Puerto Rico, and thereupon given effect
in 1952 after acceptance of congressional conditions by the
Puerto Rico Constitutional Convention and an appropriate
proclamation by the Governor. The approved constitution
established the structure for constitutional government in
respect of internal affairs without altering Puerto Rico's
fundamental political, social, and economic relationship with
the United States and without restricting the authority of
Congress under the Territorial Clause to determine the
application of Federal law to Puerto Rico, resulting in the
present ``Commonwealth'' structure for local self-government.
The Commonwealth remains an unincorporated territory and does
not have the status of ``free association'' with the United
States as that status is defined under United States law or
international practice.
(5) In 1953, the United States transmitted to the
Secretary-General of the United Nations for circulation to its
Members a formal notification that the United States no longer
would transmit information regarding Puerto Rico to the United
Nations pursuant to Article 73(e) of its Charter. The formal
United States notification document informed the United Nations
that the cessation of information on Puerto Rico was based on
the ``new constitutional arrangements'' in the territory, and
the United States expressly defined the scope of the ``full
measure'' of local self-government in Puerto Rico as extending
to matters of ``internal government and administration, subject
only to compliance with applicable provisions of the Federal
Constitution, the Puerto Rico Federal Relations Act and the
acts of Congress authorizing and approving the Constitution, as
may be interpreted by judicial decision.''. Thereafter, the
General Assembly of the United Nations, based upon consent of
the inhabitants of the territory and the United States
explanation of the new status as approved by Congress, adopted
Resolution 748 (VIII) by a vote of 22 to 18 with 19
abstentions, thereby accepting the United States determination
to cease reporting to the United Nations on the status of
Puerto Rico.
(6) In 1960, the United Nations General Assembly approved
Resolution 1541 (XV), clarifying that under United Nations
standards regarding the political status options available to
the people of territories yet to complete the process for
achieving full self-government, the three established forms of
full self-government are national independence, free
association based on separate sovereignty, or full integration
with another nation on the basis of equality.
(7) The ruling of the United States Supreme Court in the
1980 case Harris v. Rosario (446 U.S. 651) confirmed that
Congress continues to exercise authority over Puerto Rico as
territory ``belonging to the United States'' pursuant to the
Territorial Clause found at Article IV, section 3, clause 2 of
the United States Constitution; and in the 1982 case of
Rodriguez v. Popular Democratic Party (457 U.S. 1), the Court confirmed
that the Congress delegated powers of administration to the
Commonwealth of Puerto Rico sufficient for it to function ``like a
State'' and as ``an autonomous political entity'' in respect of
internal affairs and administration, pending further disposition by
Congress. These rulings constitute judicial interpretation of Puerto
Rico's status which is in accordance with the clear intent of Congress
that establishment of local constitutional government in 1952 did not
alter Puerto Rico's status as an unincorporated United States
territory.
(8) In a joint letter dated January 17, 1989, cosigned by
the Governor of Puerto Rico in his capacity as president of one
of Puerto Rico's principal political parties and the presidents
of the two other principal political parties of Puerto Rico,
the United States was formally advised that ``. . . the People
of Puerto Rico wish to be consulted as to their preference with
regards to their ultimate political status'', and the joint
letter stated ``. . . that since Puerto Rico came under the
sovereignty of the United States of America through the Treaty
of Paris in 1898, the People of Puerto Rico have not been
formally consulted by the United States of America as to their
choice of their ultimate political status''.
(9) In the 1989 State of the Union Message, President
George Bush urged the Congress to take the necessary steps to
authorize a federally recognized process allowing the people of
Puerto Rico, for the first time since the Treaty of Paris
entered into force, to freely express their wishes regarding
their future political status in a congressionally recognized
referendum, a step in the process of self-determination which
the Congress has yet to authorize.
(10) On November 14, 1993, the Government of Puerto Rico
conducted a plebiscite initiated under local law on Puerto
Rico's political status. In that vote none of the three status
propositions received a majority of the votes cast. The results
of that vote were: 48.6 percent for a commonwealth option, 46.3
percent statehood, and 4.4 percent independence.
(11) In a letter dated December 2, 1994, President William
Jefferson Clinton informed leaders in Congress that an
Executive Branch Interagency Working Group on Puerto Rico had
been organized to coordinate the review, development, and
implementation of executive branch policy concerning issues
affecting Puerto Rico, including the November 1993 plebiscite.
(12) Under the Territorial Clause of the Constitution,
Congress has the authority and responsibility to determine
Federal policy and clarify status issues in order to resolve
the issue of Puerto Rico's final status.
(13) On January 23, 1997, the Puerto Rico Legislature
enacted Concurrent Resolution 2, which requested the 105th
Congress ``. . . to respond to the democratic aspirations of
the American citizens of Puerto Rico'' by approving legislation
authorizing ``. . . a plebiscite sponsored by the Federal
Government, to be held no later than 1998''.
(14) Nearly 4,000,000 United States citizens live in the
islands of Puerto Rico, which have been under United States
sovereignty and within the United States customs territory for
almost 100 years, making Puerto Rico the oldest, largest, and
most populous United States island territory at the
southeastern-most boundary of our Nation, located astride the
strategic shipping lanes of the Atlantic Ocean and Caribbean
Sea.
(15) Full self-government for Puerto Rico is attainable
only through establishment of a political status which is based
on either separate Puerto Rican sovereignty and nationality or
full and equal United States nationality and citizenship
through membership in the Union and under which Puerto Rico is
no longer an unincorporated territory subject to the plenary
authority of Congress arising from the Territorial Clause.
SEC. 3. POLICY.
(a) Congressional Commitment.--In recognition of the significant
level of local self-government which has been attained by Puerto Rico,
and the responsibility of the Federal Government to enable the people
of the territory to freely express their wishes regarding political
status and achieve full self-government, this Act is adopted with a
commitment to encourage the development and implementation of
procedures through which the permanent political status of the people
of Puerto Rico can be determined.
(b) Language.--English shall be the common language of mutual
understanding in the United States, and shall apply in all of the
States duly and freely admitted to the Union. The Congress recognizes
that at the present time, Spanish and English are the joint official
languages of Puerto Rico, and have been for nearly 100 years; that
English is the official language of Federal courts in Puerto Rico; that
the ability to speak English is a requirement for Federal jury
services; yet Spanish rather than English is currently the predominant
language used by the majority of the people of Puerto Rico; and that
Congress has the authority to expand existing English language
requirements in the Commonwealth of Puerto Rico. In the event that the
referenda held under this Act result in approval of sovereignty leading
to Statehood, it is anticipated that upon accession to Statehood,
English language requirements of the Federal Government shall apply in
Puerto Rico to the same extent as Federal law requires throughout the
United States. Congress also recognizes the significant advantage that
proficiency in Spanish as well as English has bestowed on the people of
Puerto Rico, and further that this will serve the best interests of
both Puerto Rico and the rest of the United States in our mutual
dealings in the Caribbean, Latin America, and throughout the Spanish-
speaking world.
Other Popular 105th Congressional Bills Documents:
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