[Congressional Record Volume 144, Number 19 (Tuesday, March 3, 1998)]
[House]
[Pages H756-H758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 856

                        Offered By: Mr. Serrano

       Amendment No. 2: In section 5(a), add at the end the 
     following paragraph:
       (3) United states citizens born in puerto rico eligible to 
     vote.--Notwithstanding paragraphs (1) and (2), an individual 
     residing outside of Puerto Rico shall be eligible to vote in 
     the referenda held under this Act if that individual--
       (A) is a United States citizen because of that individual's 
     birth in Puerto Rico; and
       (B) would be eligible to vote in such referenda but for 
     that individual's residency outside of Puerto Rico.

                                H.R. 856

                        Offered By: Mr. Solomon

       Amendment No. 3: At the end of section 2, add the following 
     paragraph:
       (16) In 1996, the United States House of Representatives 
     overwhelmingly declared that ``the official language of the 
     Federal Government is English''. According to the 1990 United 
     States Census, less than 24 percent of the citizens of Puerto 
     Rico speak English fluently. The enhancement of English as 
     the official language of Puerto Rico is consistent not only 
     with this statement of policy, but also with the preservation 
     of our Nation's unity in diversity and the prevention of 
     divisions along linguistic lines. Proficiency in the English 
     language is necessary for all citizens to enjoy the full 
     rights and benefits of their citizenship as guaranteed by the 
     Constitution and to contribute most effectively to the Nation 
     in all aspects. Conducting the business of Federal and State 
     governments in English is the best way to promote efficiency 
     and fairness to every citizen. Only proficiency in English 
     can provide all Americans the enjoyment of the rights and 
     benefits of full participation in the American economy and 
     union.
       Strike subsection (b) of section 3 and insert the following 
     new subsection:
       (b) Official Language.--The official language of the 
     Federal Government is English. The legislature of Puerto Rico 
     has established a bilingual policy by making both Spanish and 
     English official languages of Puerto Rico, but has continued 
     to operate its government solely in Spanish, as the majority 
     of the people in Puerto Rico are not proficient in English. 
     In the event that the referenda held under this Act results 
     in approval of a request to Congress that Puerto Rico be 
     admitted to the Union as a State and the Congress approves 
     such statehood, English will be the sole official language of 
     all Federal Government activities in Puerto Rico and, unless 
     otherwise provided by generally applicable Federal law, all 
     communications with the Federal Government by the Government 
     or people of Puerto Rico will be in English. This Act, the 
     procedures authorized by this Act, and the possible accession 
     of Puerto Rico to statehood do not create or alter any rights 
     of a person to government services in languages other than 
     English.
       In section 4(a), strike paragraph (7) of subparagraph C of 
     the referendum language and insert the following new 
     paragraph:
       ``(7) English is the official language of all business and 
     communication of the Federal Government of the United States 
     and all communications with the Federal Government will be in 
     English unless generally applicable Federal law provides 
     otherwise. Puerto Rico, as a State, promotes English as the 
     official language of the State government, courts, and 
     agencies. English is the language of instruction in public 
     schools.''.
       Strike subparagraph (C) of section 4(b)(1) and insert the 
     following new subparagraph:
       (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 that 
     the Federal and State governments implement programs and 
     incentives to promote the acquisition and usage of English by 
     the citizens of Puerto Rico, including but not limited to, 
     teaching in English in public schools, the availability of 
     fellowships and scholarships to increase the opportunities of 
     the people of Puerto Rico to learn to speak, read, write, and 
     understand English, and the provision of educational 
     instruction in English to persons not in schools.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 4: Strike section 2 and redesignate the 
     succeeding sections accordingly.
       In section 1(b), in the table of contents, strike the item 
     relating to section 2 and redesignate the succeeding items 
     accordingly.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 5: In section 2, in paragraph (2), strike 
     ``Consistent with establishment of United States nationality 
     for inhabitants of Puerto Rico under the Treaty of Paris,''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 6: In section 2(3), strike ``including'' and 
     insert ``and''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 7: In the first sentence of section 2(4), 
     insert ``to be approved by the people of Puerto Rico,'' after 
     ``constitution''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 8: In the last sentence of section 2(4)--
       (1) strike ``remains an unincorporated territory and''; and
       (2) insert before the period the following: ``, instead the 
     Commonwealth has a unique relationship based on a bilateral 
     compact''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 9: In the second sentence of section 2(5), 
     strike ``the territory'' and insert ``Puerto Rico''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 10: In the first sentence of section 2(7)--
       (1) insert ``per curiam'' and ``The'';
       (2) strike ``651) confirmed'' and insert ``651) 
     expressed''; and
       (3) strike ``Constitution; and'' and insert ``Constitution 
     on matters of Federal programs; nevertheless''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 11: In the last sentence of section 2(7), 
     strike ``status which is'' and all that follows through the 
     period and insert the following: ``status. However, the 
     United States Supreme Court has never directly addressed the 
     nature of the political status of Puerto Rico.''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 12: In section 2(10), strike the second 
     sentence.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 13: In section 2(14), strike ``United States 
     citizens live in the islands of Puerto Rico, which'' and 
     insert ``Puerto Ricans who are United States citizens''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 14: In section 2(15), strike ``status'' and 
     all that follows through the period and insert ``status 
     essentially consistent with United Nations Resolution 
     1541(XV).''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 15: In section 3(a), strike ``the people of 
     the territory'' and insert ``Puerto Ricans.''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 16: In section 3, redesignate subsection (b) 
     as subsection (c) and insert after subsection (a) the 
     following:
       (b) Nonresident Puerto Ricans.--(1) A substantial number of 
     the Puerto Rican people reside outside of Puerto Rico, mostly 
     in the several States.
       (2) During any year, a large number of Puerto Ricans live 
     in one of the several States for part of the year and in 
     Puerto Rico for part of the year.
       (3) Since the referenda held under this Act may lead to a 
     final disposition of the political status of Puerto Rico, it 
     is of the utmost importance that Puerto Ricans who are United 
     States citizens residing outside of Puerto Rico be permitted 
     to vote in such referenda.
       (4) Congress recognizes the right of Puerto Ricans residing 
     outside of Puerto Rico to vote in any referenda held under 
     this Act and requests that the Electoral Commission of Puerto 
     Rico to devise methods and procedures for such Puerto Ricans 
     (including those who were born in Puerto Rico or who have at 
     least one parent who was born in Puerto Rico) to register for 
     and vote in absentia in any referenda held under this Act.
       (5) Congress authorizes and encourages all State 
     governments and Federal agencies to

[[Page H757]]

     cooperate with and assist the Electoral Commission of Puerto 
     Rico in achieving the goals described in paragraphs (3) and 
     (4).

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 17: In section 4(a), amend paragraph (7) of 
     the referendum language for statehood to read as follows:
       ``(7) Spanish is an official language of Puerto Rico and 
     its only vernacular language and as such is the official 
     language of business and communication--
       ``(A) in the State government, courts, schools, and 
     agencies; and
       ``(B) in Federal courts and agencies when such courts and 
     agencies are acting in or with regard to Puerto Rico.''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 18: In the second sentence of section 3(b)--
       (1) strike ``rather than English is currently the 
     predominant language'' and insert ``is the vernacular 
     language'';
       (2) strike ``the majority of''; and
       (3) strike ``Puerto Rico; and that Congress'' and all that 
     follows through the period and insert ``Puerto Rico.''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 19: At the end of the bill, add the following 
     new section:

     SEC. 8. LANGUAGE USED IN FEDERAL COURT IN PUERTO RICO.

       English and Spanish shall be the official languages of 
     business and communication in the Federal courts in Puerto 
     Rico.
       In section 1(b), in the table of contents, add the 
     following item at the end:

Sec. 8. Language used in Federal court in Puerto Rico.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 20: At the end of the bill, add the following 
     new section:

     SEC. 8. LANGUAGE USED IN FEDERAL COURT IN PUERTO RICO.

       English and Spanish shall be the official languages of 
     business and communication in the Federal courts in Puerto 
     Rico in any proceeding in which a party speaks fluent Spanish 
     and does not speak fluent English.
       In section 1(b), in the table of contents, add the 
     following item at the end.

Sec. 8. Language used in Federal court in Puerto Rico.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 21: In section 4(a), insert after paragraph 
     (6) of the referendum language for Statehood the following 
     new paragraph (and redesignate the succeeding paragraphs 
     accordingly):
       ``(7) Notwithstanding the Amateur Sports Act of 1978, 
     Puerto Rico retains its separate Olympic Committee and 
     ability to compete under its own flag and national anthem in 
     international athletic competitions, even against the United 
     States.''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 22: In section 4(a), insert after paragraph 
     (6) of the referendum language for Statehood the following 
     new paragraph (and redesignate the succeeding paragraphs 
     accordingly):
       ``(7) Puerto Rico may continue to have its own 
     representative in international beauty pageants in 
     competition with a representative of the United States.''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 23: In section 4(a)(1)(A), strike ``10 
     years'' and insert ``180 days''.
       Strike section 4(b)(1)(C).

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 24: In section 4(a), after paragraph (6) of 
     the referendum language for statehood, insert the following 
     new paragraphs (and redesignate the succeeding paragraphs 
     accordingly):
       ``(7) Section 30A of the Internal Revenue Code of 1986 will 
     continue in effect for 20 years after Puerto Rico becomes a 
     State or until the State of Puerto Rico achieves the same per 
     capita income as the State with the next lowest per capita 
     income.
       (8) The internal revenue laws of the United States will not 
     apply to residents of the State of Puerto Rico until such 
     time as the State of Puerto Rico achieves the same per capita 
     income as the State with the next lowest per capita income.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 25: In section 7(c), add at the end the 
     following:

     No agency or instrumentality of the Government of the 
     Commonwealth of Puerto Rico, except the Commonwealth 
     Elections Commission, may directly or indirectly use funds 
     made available by this Act. Amounts made available by this 
     Act and by the Puerto Rico legislature for purposes of this 
     Act which are used in media shall be distributed equitably 
     among all major newspapers, radio stations, and television 
     stations in Puerto Rico.''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 26: In section 4, redesignate subsection (a) 
     as subsection (b) and insert before subsection (b), as so 
     designated, the following new subsection (and redesignate the 
     succeeding subsections accordingly):
       (a) Approval of Act.--Notwithstanding any other provision 
     of this Act, prior to holding any referenda under this Act, 
     this Act must be approved by a majority of the qualified 
     voters of Puerto Rico through an islandwide referendum to be 
     held in accordance with the laws of Puerto Rico.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 27: At the end of section 2, add the 
     following new paragraph:
       (16) According to the 1990 decennial census of population, 
     Puerto Rico's population, 3,522,037, is greater than the 
     population of 26 of the several States.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 28: At the end of section 2, add the 
     following new paragraph:
       (16) In the 50 States of the Union, there are currently 
     approximately 3,300,000 Puerto Ricans who maintain a very 
     close relationship with their relatives in Puerto Rico and 
     who consider themselves to be part of the Puerto Rican 
     nation.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 29: At the end of section 2, add the 
     following new paragraph:
       (16) On November 18, 1997, the Supreme Court of Puerto Rico 
     decided in Ramirez de Ferrer v. Mari Bras, CT-96-14, that 
     there exists a Puerto Rican citizenship which is ``separate 
     and distinct'' from the United States citizenship and that 
     persons born in Puerto Rico who are Puerto Rican citizens may 
     not be denied the right to vote in Puerto Rico even if they 
     are not United States citizens.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 30: At the end of the bill, add the following 
     new section:

     SEC. 8. NONINCORPORATION.

       Nothing in this Act shall be interpreted to make Puerto 
     Rico an incorporated territory of the United States.
       Amend the table of contents by adding at the end the 
     following new item:

Sec. 8. Nonincorporation.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 31: In section 4(a) strike ``A. 
     Commonwealth'' and all that follows through ``(b) Transition 
     Stage'' and insert the following:
       ``(A) Commonwealth.--If you agree, mark here ___.
       ``(B) Independence.--If you agree, mark here ___.
       ``(C) Statehood.--If you agree, mark here ___.
       (b) Transition Stage

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 32: Strike the last sentence of section 2(7), 
     and insert the following:

     The courts have also recognized the existence of a unique 
     political relationship created by the peoples of Puerto Rico 
     and the United States. The United States Supreme Court has 
     never addressed directly the nature of the political status 
     of Puerto Rico.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 33: In the last sentence of section 2(5), 
     strike ``the territory'' and insert ``Puerto Rico''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 34: Strike the last sentence in section 2(4).

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 35: In the first sentence of section 2(4), 
     strike ``instituting'' and all that follows through the 
     period and insert ``Puerto Rico to adopt its own 
     constitution.''

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 36: At the end of section 2, add the 
     following paragraph: (16) By providing for the people of 
     Puerto Rico to express their preference as to its permanent 
     political status, Congress is aware that Puerto Rico is 
     sociologically and culturally a Caribbean and Latin-American 
     nation, formed by a blend of European, African, and native 
     ethnics with distinctive culture which, unlike the several 
     States, has Spanish as a common language. According to the 
     1990 decennial census of population, only 21,000 persons born 
     in the several States live in Puerto Rico.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 37: In section 4(a)--
       (1) strike `` `B. Separate Sovereignty' '' and insert `` 
     `B. Independence and Associated Republic' '';
       (2) in the matter before paragraph (1) of the referendum 
     language for independence and associated republic (as amended 
     by paragraph (1)), strike ``separate sovereignty in the form 
     of independence or free association'' and insert 
     ``independence or associated republic''; and
       (3) in paragraph (7) of the referendum language for 
     independence and associated republic (as amended by paragraph 
     (1)), strike ``a free association'' and insert ``an 
     associated republic''.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 38: In the heading of section 5, strike ``, 
     INCLUDING INCONCLUSIVE REFERENDUM''.

[[Page H758]]

       Strike section 5(c).

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 39: Strike section 7 (and amend the table of 
     contents accordingly).

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 40: Strike all after 1(a) and insert the 
     following:
       (b) Submission of Petition.--The 3 main political parties 
     in Puerto Rico may submit a unanimous petition to Congress 
     requesting that Congress provide for a referendum to be held 
     by the people of Puerto Rico to choose among options fully 
     described in such petition.

                                H.R. 856

                       Offered By: Mr. Gutierrez

       Amendment No. 41: At the end of the bill insert the 
     following (and amend the table of contents accordingly):

     SEC. 8. SUNSET PROVISION.

       This Act shall cease to have effect 10 years after the date 
     of enactment.

                                H.R. 856

                       Offered by: Mr. Gutierrez

       Amendment No. 42: In section 2(14), strike ``at the 
     southeastern-most boundary of our Nation,''.

                                H.R. 856

                       Offered by: Mr. Gutierrez

       Amendment No. 43: In the second sentence of section 3(b), 
     strike ``; and that Congress has the authority to expand 
     existing English language requirements in the Commonwealth of 
     Puerto Rico''.

                                H.R. 856

                     Offered by: Mr. Romero-Barcelo

       Amendment No. 44: Page 1, after line 9, add the following:

     The provisions of this paragraph shall be subject to the non-
     resident voting qualifications, eligibility requirements, and 
     procedures established by the Commonwealth Legislature 
     pursuant to the electoral laws of Puerto Rico, and votes cast 
     in any referendum held under this Act by persons eligible to 
     vote pursuant to this paragraph shall be counted 
     independently from other votes cast and shall not be 
     considered in determining which status option has received a 
     majority of votes in such referendum.

                                H.R. 856

                        Offered By: Mr. Schumer

       Amendment No. 45: In section 4(a), strike paragraph (4) of 
     the referendum language for separate sovereignty, and insert 
     the following:
       ``(4) the Constitution and laws of the United States no 
     longer apply in Puerto Rico, and United States sovereignty in 
     Puerto Rico is ended; thereupon, birth in Puerto Rico shall 
     cease to be a basis for United States nationality or 
     citizenship, but persons who had such United States 
     nationality or citizenship, no matter how attained, have the 
     right to retain United States nationality and citizenship, 
     and to the same extent as all other United States citizens, 
     to become dual nationals of the United States and any other 
     sovereign nation, including the Republic of Puerto Rico; and 
     relationship to persons with United States citizenship, no 
     matter how attained, will continue to be a basis for United 
     States citizenship to the same extent, and subject to the 
     same requirements, including requirements as to residency in 
     the United States, that such relationships form the basis for 
     the citizenship of other persons, including persons born to 
     United States citizen parents in other sovereign nations;
       In section 4(a), strike paragraph (2) of the referendum 
     language for Commonwealth, and insert the following:
       ``(2) Puerto Rico is an unincorporated territory of the 
     United States, and the Constitution of the United States as 
     determined by the courts, and the laws of the United States 
     as determined by Congress and interpreted by the courts, 
     protect the fundamental rights of the people of Puerto Rico, 
     including (but not limited to) the rights to due process and 
     to equal protection of the laws, freedom of speech and of the 
     press, the right to travel, and the right to be free from 
     unreasonable searches: Provided, That the Constitution of 
     Puerto Rico, including its Bill of Rights, provides 
     additional protections with respect to non-Federal matters;
       In section 4(a), strike paragraph (3) of the referendum 
     language for Commonwealth, and insert the following:
       ``(3) persons born in Puerto Rico have statutory United 
     States nationality and citizenship as prescribed by Congress; 
     and additionally, relationship to persons with legal United 
     States citizenship, no matter how attained, will continue to 
     be a basis for United States citizenship to the same extent, 
     and subject to the same requirements, including requirements 
     as to residency in the United States, that such relationships 
     form the basis for the citizenship of other persons, 
     including persons born to United States citizen parents in 
     other sovereign nations;
       In section 4(a), strike paragraph (7) of the referendum 
     language for Commonwealth, and insert the following:
       ``(7) the extension, continuation, modification, and 
     termination of Federal law and policy applicable to Puerto 
     Rico and its residents is unchanged by this referendum and is 
     within the discretion of Congress; and it is the policy of 
     the Congress to take all necessary steps to ensure that the 
     provisions of the Bill of Rights to the United States 
     Constitution fully protect the people of Puerto Rico; and
       In section 4(a), in paragraph (4) of the referendum 
     language for statehood, strike the semicolon at the end and 
     insert the following: ``: Provided, That the Constitution of 
     Puerto Rico, including its Bill of Rights, provides 
     additional protections with respect to non-Federal 
     matters;''.

                                H.R. 856

                        Offered By: Mr. Schumer

       Amendment No. 46: In section 5(a), add at the end the 
     following paragraph:
       (3) Puerto rican residency not required.--Notwithstanding 
     paragraphs (1) and (2), an individual residing outside of 
     Puerto Rico shall be eligible to vote in the referenda held 
     under this Act if that individual--
       (A)(I) is a resident of the United States, including any 
     territory, possession, or military installation of the United 
     States, at the time that the referenda is held; and
       (II) would be eligible to vote in such referenda but for 
     that individual's residency outside of Puerto Rico; and
       (B)(I) was born in Puerto Rico; or
       (II) has at least one parent who was born in Puerto Rico.

                                H.R. 856

                               Substitute

                        Offered By: Mr. Schumer

          (Substitute to the Amendment Offered by Mr. Serrano)

       Amendment No. 47: In section 5(a), add at the end the 
     following paragraph:
       (3) Puerto rican residency not required.--Notwithstanding 
     paragraphs (1) and (2), an individual residing outside of 
     Puerto Rico shall be eligible to vote in the referenda held 
     under this Act if that individual--
       (A)(I) is a resident of the United States, including any 
     territory, possession, or military installation of the United 
     States, at the time that the referenda is held; and
       (II) would be eligible to vote in such referenda but for 
     that individual's residency outside of Puerto Rico; and
       (B)(I) was born in Puerto Rico; or
       (II) has at least one parent who was born in Puerto Rico.

                                H.R. 856

                        Offered By: Mr. Stearns

       Amendment No. 48: In paragraph (2) of section 5(c), strike 
     ``there is authorized to be further referenda'' and all that 
     follows through the period and insert the following:

     not later than 90 days after such referenda, there shall be a 
     second referendum held in accordance with this Act which 
     shall be on the approval of 1 of the 2 options which received 
     the most votes in the first referendum. Such 2 options shall 
     be presented on the ballot using the same language and in the 
     same manner as they were presented in the first referendum.