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Bills in U.S. Congress regarding the political status of Puerto Rico : ウィキペディア英語版
Bills in U.S. Congress regarding the political status of Puerto Rico
The Territories Clause of the United States Constitution (Art. IV, Sec. 3, cl. 2) allows for Congress to "dispose of" Puerto Rico and allow it to become independent of the U.S. (in the same way as the Philippines did in 1945) or, under the authority of the Admissions Clause (Art. IV, Sec. 3, cl. 1) for it to be admitted as a state of the United States (with a vote of Congress in the same way that Alaska and Hawaii were admiited in 1958 and 1959 respectively).
Since Congress must approve of any political status change for Puerto Rico, some argue that "congressional agreement to the options (a ballot ), ''prior'' to a plebiscite would save the people of Puerto Rico the grief of an emotionally draining and politically divisive vote that might result in a status not acceptable to Congress."〔(Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the Constitution. By Christina Duffy Burnett and Burke Marshall. Duke University Press, 2001. ISBN 0-8223-2698-1. Page 21. )〕 Former Resident Commissioner and Former Governor Carlos Romero Barceló echoed this sentiment when he recalled, at a 1997 congressional hearing, that both "() Young and Miller were clear in stating (their March 3, 1997, letter to the presidents of the three political parties in Puerto Rico ) that there was no purpose in presenting the people of Puerto Rico a status definition which does not represent an option that the Congress will be willing to ratify should it be approved in a plebiscite."〔(1997 Statement from Romero Barcelo Before Congress )〕
A catalyst for the legislative activity taking place in Congress was the release in December 2005 of the presidential task force's report.〔(Political Status of Puerto Rico: Options for Congress, Page 6. )〕 Per ''United States v. Sanchez'', 992 F.2d 1143, 1152–53 (11th Cir. 1993), "Congress continues to be the ultimate source of power (Puerto Rico ) pursuant to the Territory Clause of the Constitution." (quoting ''United States v. Andino'', 831 F.2d 1164, 1176 (1st Cir. 1987) (Torruella, J., concurring), cert. denied, 486 U.S. 1034 (1988)), cert. denied, 510 U.S. 11 10 (1994).9〔(Appendix E, page 6 )〕 An Act of Congress, thus, is ultimately required to modify the current political status of Puerto Rico.
Four major bills regarding the political status of Puerto Rico have come before Congress, H.R. 856 (1997), H.R. 900 (2007), H.R. 2499 (2009), and H.R. 2000 (2013).
==The United States-Puerto Rico Political Status Act (H.R. 856)==
In 1997, The United States-Puerto Rico Political Status Act (H.R. 856) was introduced in Congress, passing in the House in 1998, but not in the Senate. The bill was legislative initiative by U.S. House of Representatives to help refine the political status of the Commonwealth of Puerto Rico. This bill, unlike any other bill in U.S. Congress regarding the Puerto Rico political status issue, made its way to both chambers of Congress. The House considered four versions of the bill. The version approved on March 4, 1998, which would have authorized referenda at least once every ten years, through which the people of Puerto Rico could indicate their preference among three status options: (1) “Puerto Rico should retain Commonwealth”; (2) ”The people of Puerto Rico should become fully self-governing through separate sovereignty in the form of independence or free association”; or (3) “Puerto Rico should become fully self-governing through Statehood.” The Senate, however, did not take formal action on the measure. On September 17, 1998, the Senate approved a resolution expressing the sense of the Senate that “(1) the Senate supports and recognizes the right of United States citizens residing in Puerto Rico to express democratically their views regarding their future
political status through a referendum or other public forum, and to communicate those views to the President and Congress; and (2) the Federal Government should review any such communication.” The version forwarded to the Senate offered Puerto Ricans these options for their political future: Statehood, Independence, Associated Republic, or the current Commonwealth status. The bill proposed to carry out a referendum in Puerto Rico in which the people of Puerto Rico could choose the option they preferred.〔(Status of H.R. 856 ), Thomas – The Library of Congress;

^ (Text of H.R. 856 ), Thomas – The Library of Congress;

^ (Status of H.R.376 ), Thomas – The Library of Congress.〕
The proposal, however, was controversial in Puerto Rican politics for two reasons: 1) the legislation was encouraged by two avid statehood supporters, and seemed to favor unchangeable status choices over Commonwealth; and 2) the Commonwealth option in the bill defined Puerto Rico as a "territory subject to the supreme powers of the U.S Congress". The Popular Democratic Party (PPD) disagreed with this definition that appeared to emphasize the island was a colony of the United States, and not a true commonwealth. The PPD thus fiercely opposed the H. R. 856, because it diminished their sense of Commonwealth (Estado Libre Asociado) as agreement between two peoples.
This reaction was consistent with the contents of the bill, since H. R. 856, as officially ordered to be printed by its sponsor, Alaska Congressman Don Young, stated in its findings that Puerto Rico "does not have the status of 'free association' with the United States as that status is defined under United States law or international practice."〔(H.R. 856 (The United States-Puerto Rico Political Status Act) )〕
The travails of H.R. 856 in the House of Representatives exemplify the hurdles from conservative and liberal members of Congress that any status choices by Puerto Rico will likely face in Congress.〔(Washington Post – House Passes Puerto Rico Bill ) (archived from (the original ) on September 30, 2007)〕 The bill was introduced by representative Gerald Solomon (R-NY).
A number of amendments were debated, seeking, for example, to make English the official language,〔(Resources on the Puerto Rico Statehood Question ) (archived from (the original ) on June 4, 2008)〕 getting Congress to recognize that Puerto Rico is sociologically and culturally a Caribbean and Latin American nation with a distinctive culture, and recognizing the separate and distinct nature of Puerto Rican citizenship in relation to U.S. citizenship. Ultimately the bill died in the Senate.
In 2005, the U.S. House Committee on Resources concluded that Puerto Rico is still an unincorporated territory of the United States under the Territorial Clause, that the establishment of local self-government with the consent of the people can be unilaterally revoked by U.S. Congress, and Congress can withdraw, at any time, the American citizenship now enjoyed by the residents of Puerto Rico as long as it achieves a legitimate Federal purpose, in a manner reasonably related to that purpose.
In 2006, Resident Commissioner Luis Fortuño (R-PR) and Rep. Jose E. Serrano (D-NY) introduced a bipartisan House bill to implement the recommendations, which was cosponsored by over 60 Republicans and over 40 Democrats, significantly more cosponsors than the H.R. 856 bill which cleared the House in 1998. The House Committee on Resources called a hearing on the subject on April 27, 2006, signaling a greater degree of interest than previously anticipated.

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