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105TH Congress: The Puerto Rico Self-Determination Congress
Legislative Review
Puerto Rican Self Determination Legislation in the 105th
Congress
Overview
The 105th Congress accomplished more for the cause of self-determination
in Puerto Rico than did any prior Congress. In the First Session of the
Congress, self-determination legislation was introduced in the House and
Senate, H.R. 856, and S. 472, respectively. These bills represented a response
to the request made at the outset of the 105th Congress by the Puerto Rico
legislature that the Congress address Puerto Rico's political status. Both
bills authorized a congressionally sanctioned process for a plebiscite to
be conducted in Puerto Rico whereby its 3.8 million American citizens might
express their desires regarding the future political status of the island.
The bills presented three options (1) status quo territorial commonwealth,
(2) independence, or (3) statehood and full incorporation into the Union.
House of Representatives
- House Resource Committee Hearings Consideration of these
measures began in the House of Representatives Committee on Resources,
which conducted several legislative hearings both in the mainland and in
Puerto Rico on H.R. 856. These hearings confirmed the findings in the legislation
that Puerto Rico was an unincorporated territory of the United States,
subject to the Territorial Clause of the U.S. Constitution. In addition,
these hearings established that American citizenship in Puerto Rico is
statutory in nature, in contrast to the constitutional citizenship enjoyed
by mainland Americans.
- House Resource Committee Markup of Legislation Following
the hearings, the Resources Committee reported H.R. 856 to the House floor
by a nearly unanimous vote of 44-1. In reporting the legislation, the Committee
considered, and rejected by a vote of 10-32, an amendment to insert a definition
of the political status option of commonwealth that was favored by the
Puerto Rican Popular Democratic Party (PDP). The rejection of this amendment
was bipartisan, and was based on a determination that the definition favored
by the PDP was both unconstitutional and politically unrealistic, as it
contained outcomes that Congress would never countenance.
- House Passage of Bill Subsequent to the overwhelming vote
of support by the House Resources Committee, momentum began to build for
consideration of the legislation by the full House of Representatives.
This momentum was bolstered by the broad bipartisan support among House
Members, including Speaker Newt Gingrich (R-GA), Majority Whip Tom DeLay
(R-TX), Minority Leader Richard Gephardt (D-MO), and Minority Whip David
Bonior (D-MI), as well as an overwhelming majority of the Congressional
Hispanic Caucus. Finally, House action seemed particularly appropriate
in light of the fact that 1998 marked the 100th anniversary of Puerto Rico's
territorial relationship with the United States. In light of these factors,
and in order to recognize the political rights of the 3.8 million disenfranchised
Americans living in Puerto Rico, the House of Representatives passed H.R.
856 on March 4, 1998. During consideration of H.R. 856, the House soundly
rejected an amendment that would have required English to be the sole language
of instruction in the schools in Puerto Rico in the event of statehood.
United States Senate
- Senate Energy Committee Hearings In the Senate, the Energy
Committee also held a series of hearings to examine the debate over Puerto
Rico's political status. These hearings complemented the House Resources
Committee's earlier efforts and further established Puerto Rico's territorial
relationship with the United States. In addition, the Senate Energy Committee
examined issues relating to the fiscal dimensions of Puerto Rico's political
status, and heard from witnesses that clarified that statehood would likely
result in an improved economy for the island.
- Senate Adopts Resolution Supporting Self-determination for Puerto
Rico In light of the complexity of the issues raised by these
hearings, and given the limited time remaining in the 105th Congress after
their conclusion, the Senate was unable to act on S. 472. Instead, in a
show of strong support for the democratic rights of the American citizens
living in Puerto Rico, the Senate considered and passed unanimously, on
September 17, 1998, a resolution supporting self-determination in Puerto
Rico. As in the House, support for this resolution was broad and bipartisan.
Supporters included Minority Leader Tom Daschle (D-SD), Senate Banking
Committee Chairman Al D'Amato (R-NY), Senate Appropriations Committee Chairman
Ted Stevens (R-AK), Democratic Senatorial Campaign Committee Chairman Bob
Torricelli (D-NJ), Senate Judiciary Committee Chairman Orrin Hatch (R-UT),
Senate Budget Committee Ranking Minority Member Frank Lautenberg (D-NJ),
Senate Republican Policy Committee Chairman Larry Craig (R-ID), and Senate
Energy Committee Chairman Frank Murkowski (R-AK).
- Senate Floor Debate In the debate on the Senate floor
prior to the vote, Senator Joe Lieberman (D-CT) summarized the importance
of the Senate resolution:
"Really what this is about is taking that fundamental American
principle [of self-determination] which we are eager to apply around the
world and applying it to 4 million American citizens who live on . . .
Puerto Rico, who served and died in defense of America's freedom in disproportionate
numbers. They deserve the right to become fully free, determine their destiny,
participate fully, if they choose and how they choose, in our democracy."
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