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105th CONGRESS
1st Session
H. R. 856
(excerpt)
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
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.
Sec. 4. Process for Puerto Rican full self-government,
including the initial decision stage, transition stage, and implementation
stage.
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) OFFICIAL LANGUAGE- It is the policy of the Congress
that English shall be the common language of mutual understanding in the
United States, and that this policy 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 would become the official language of the Federal Government in
Puerto Rico to the same extent as Federal law then 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.
SEC. 4. PROCESS FOR PUERTO RICAN FULL SELF-GOVERNMENT, INCLUDING
THE INITIAL DECISION STAGE, TRANSITION STAGE, AND IMPLEMENTATION STAGE.
(a) INITIAL DECISION STAGE- A referendum on Puerto Rico
's political status shall be held not later than December 31, 1998. The
referendum shall be held pursuant to this Act and in accordance with the
applicable provisions of Puerto Rico 's electoral law and other relevant
statutes consistent with this Act. Approval of a status option must be
by a majority of the valid votes cast. The referendum shall be on the approval
of 1 of the 3 options presented on the ballot as follows:
`Instructions: Mark the status option you choose as each
is defined below. Ballot with more than 1 option marked will not be counted.
`A. COMMONWEALTH- If you agree, mark here XXX
`Puerto Rico should retain Commonwealth, in which--
`(1) Puerto Rico continues the present Commonwealth structure
for self government with respect to internal affairs and administration;
`(2) provisions of the Constitution and laws of the United
States apply to Puerto Rico as determined by Congress;
`(4) continuation or modification of current Federal law
and policy applicable to Puerto Rico remains within the discretion of Congress;
and
`(5) the ultimate status of Puerto Rico will be determined
through a process authorized by Congress which includes self determination
by the people of Puerto Rico in periodic referenda.
`B. SEPARATE SOVEREIGNTY- If you agree, mark here XXX
`Puerto Rico should become fully self governing through
separate sovereignty leading to independence or free association, in which--
`(1) Puerto Rico is a sovereign nation with full authority
and responsibility for its internal and external affairs and has the capacity
to exercise in its own name and right the powers of government with respect
to its territory and population;
`(2) a negotiated treaty of friendship and cooperation,
or an international bilateral pact of free association terminable at will
by either Puerto Rico or the United States, defines future relations between
Puerto Rico and the United States, providing for cooperation and assistance
in matters of shared interest as agreed and approved by Puerto Rico and
the United States pursuant to this Act and their respective constitutional
processes;
`(3) a constitution democratically instituted by the people
of Puerto Rico , establishing a republican form of full self-government
and securing the rights of citizens of the Puerto Rican nation, is the
supreme law, and the Constitution and laws of the United States no longer
apply in Puerto Rico ;
`(4) The people of Puerto Rico owe allegiance to the sovereign
nation of Puerto Rico and have the nationality, and citizenship thereof;
United States sovereignty, nationality, and citizenship in Puerto Rico
is ended; birth in Puerto Rico and relationship to persons with statutory
United States citizenship by birth in the former territory are not bases
for United States nationality or citizenship, except that persons who had
such United States citizenship have a statutory right to retain United
States nationality and citizenship for life, by entitlement or election
as provided by the United States Congress, based on continued allegiance
to the United States: Provided, That such persons will not have
this statutory United States nationality and citizenship status upon having
or maintaining allegiance, nationality, and citizenship rights in any sovereign
nation other than the United States;
`(5) upon recognition of Puerto Rico by the United States
as a sovereign nation and establishment of government-to-government relations
on the basis of comity and reciprocity, Puerto Rico 's representation to
the United States is accorded full diplomatic status;
`(6) Puerto Rico is eligible for United States assistance
provided on a government-to-government basis, including foreign aid or
programmatic assistance, at levels subject to agreement by the United States
and Puerto Rico ;
`(7) property rights and previously acquired rights vested
by employment under laws of Puerto Rico or the United States are honored,
and where determined necessary such rights are promptly adjusted and settled
consistent with government-to-government agreements implementing the separation
of sovereignty; and
`(8) Puerto Rico is outside the customs territory of the
United States, and trade between the United States and Puerto Rico is based
on a treaty.
`C. STATEHOOD- If you agree, mark here XXX
`Puerto Rico should become fully self governing through
United States sovereignty leading to Statehood, in which--
`(1) the people of Puerto Rico are fully self-governing
with their rights secured under the United States Constitution, which is
the supreme law and has the same force and effect as in the other States
of the Union;
`(2) the sovereign State of Puerto Rico is in permanent
union with the United States, and powers not delegated to the Federal Government
or prohibited to the States by the United States Constitution are reserved
to the people of Puerto Rico or the State Government;
`(3) United States citizenship of those born in Puerto
Rico is guaranteed, protected and secured in the same way it is for all
United States citizens born in the other States;
`(4) residents of Puerto Rico have equal rights and benefits
as well as equal duties and responsibilities of citizenship, including
payment of Federal taxes, as those in the several States;
`(5) Puerto Rico is represented by two members in the
United States Senate and is represented in the House of Representatives
proportionate to the population;
`(6) United States citizens in Puerto Rico are enfranchised
to vote in elections for the President and Vice President of the United
States; and
`(7) English is the official language of business and
communication in Federal courts and Federal agencies as made applicable
by Federal law to every other State, and Puerto Rico is enabled to expand
and build upon existing law establishing English as an official language
of the State government, courts, and agencies.'.
(b) TRANSITION STAGE-
(1) PLAN- (A) Within 180 days of the receipt of the results
of the referendum from the Government of Puerto Rico certifying approval
of a ballot choice of full self-government in a referendum held pursuant
to subsection (a), the President shall develop and submit to Congress legislation
for a transition plan of 10 years minimum which leads to full self-government
for Puerto Rico consistent with the terms of this Act and in consultation
with officials of the three branches of the Government of Puerto Rico,
the principal political parties of Puerto Rico, and other interested persons
as may be appropriate.
(B) Additionally, in the event of a vote in favor of separate
sovereignty, the Legislature of Puerto Rico, if deemed appropriate, may
provide by law for the calling of a constituent convention to formulate,
in accordance with procedures prescribed by law, Puerto Rico 's proposals
and recommendations to implement the referendum results. If a convention
is called for this purpose, any proposals and recommendations formally
adopted by such convention within time limits of this Act shall be transmitted
to Congress by the President with the transition plan required by this
section, along with the views of the President regarding the compatibility
of such proposals and recommendations with the United States Constitution
and this Act, and identifying which, if any, of such proposals and recommendations
have been addressed in the President's proposed transition plan.
(C) Additionally, in the event of a vote in favor of United
States sovereignty leading to Statehood, the President shall include in
the transition plan provided for in this Act, proposals and incentives
to increase the opportunities of the people of Puerto Rico to learn to
speak, read, write, and understand English fully, including but not limited
to, the teaching of English in public schools, fellowships, and scholarships.
The transition plan should promote the usage of English by the United States
citizens of Puerto Rico, in order to best allow for –
(i) the enhancement of the century old practice of English
as an official language of Puerto Rico, consistent with the preservation
of our Nation's unity in diversity and the prevention of divisions along
linguistic lines;
(ii) the use of language skills necessary to contribute
most effectively to the Nation in all aspects, including but not limited
to Hemispheric trade, and for citizens to enjoy the full rights and benefits
of their citizenship;
(iii) the promotion of efficiency and fairness to all
people in the conduct of the Federal and State government's official business;
and
(iv) the ability of all citizens to take full advantage
of the economical, educational, and occupational opportunities through
full integration with the United States. ....
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