[House Report 107-501]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-501
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CELEBRATING THE 50TH ANNIVERSARY OF THE CONSTITUTION OF THE
COMMONWEALTH OF PUERTO RICO
_______
June 11, 2002.--Referred to the House Calendar and ordered to be
printed
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Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H. Con. Res. 395]
The Committee on Resources, to whom was referred the
concurrent resolution (H. Con. Res. 395) celebrating the 50th
anniversary of the constitution of the Commonwealth of Puerto
Rico, having considered the same, report favorably thereon with
amendments and recommend that the concurrent resolution as
amended be agreed to.
The amendments are as follows:
Amend the preamble to read as follows:
Whereas on July 3, 1952, the President signed Public Law 82-447 (66
Stat. 327), approving the Constitution of the Commonwealth of
Puerto Rico;
Whereas on July 10, 1952, the Constitutional Convention of Puerto Rico
reconvened and approved the conditions established by Public
Law 82-447;
Whereas on July 25, 1952, Governor Luis Munoz Marin proclaimed that the
constitution was in effect;
Whereas the United States citizens of Puerto Rico have proudly
fulfilled their duties to this great Nation, and some have made
the ultimate sacrifice in defense of democracy, freedom, and
the United States Constitution since World War I; and
Whereas the cultural diversity of the United States has been enriched
by the people of Puerto Rico who have preserved and promoted
their culture, language, and identity: Now, therefore, be it
Strike all after the resolving clause and insert the
following:
That the Congress celebrates the 50th anniversary of the Constitution
of the Commonwealth of Puerto Rico.
Amend the title so as to read:
Concurrent resolution celebrating the 50th anniversary of the
Constitution of the Commonwealth of Puerto Rico.
PURPOSE OF THE BILL
The purpose of H. Con. Res. 395 is to celebrate the 50th
anniversary of the Constitution of the Commonwealth of Puerto
Rico.
BACKGROUND AND NEED FOR LEGISLATION
On July 3, 1952, President Harry S. Truman signed Public
Law 82-447 (66 Stat. 327), approving the Constitution of the
Commonwealth of Puerto Rico. On July 10, 1952, the
Constitutional Convention of Puerto Rico reconvened to approve
of amendments established by Congress in Public Law 82-447.
Once the Constitutional Convention accepted the amendments,
Governor Luis Munoz Marin declared that the Constitution was in
effect on July 25, 1952.
The year 2002 marks the 50th anniversary of the
Constitution of the Commonwealth of Puerto Rico. United States
citizens of Puerto Rico have proudly fulfilled their duties to
this great Nation and sacrificed to defend democracy, freedom,
and the United States Constitution. The Constitution of Puerto
Rico has enabled the people to preserve and promote their
culture, language, and identity. H. Con. Res. 395 celebrates
this important anniversary.
COMMITTEE ACTION
H. Con. Res. 395 was introduced on May 2, 2002, by Resident
Commissioner Anibal Acevedo-Vila (D-PR). The bill was referred
to the Committee on Resources. On May 22, 2002, the Full
Resources Committee met to consider the bill. Resident
Commissioner Acevedo-Vila offered two amendments to capitalize
the word ``Constitution'' three times in the resolution. They
were adopted by unanimous consent. The bill, as amended, was
then ordered favorably reported to the House of Representatives
by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article IV, section 3 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. The Committee has
determined that this House Concurrent Resolution entails no
costs to the federal government.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. The Committee
has determined that H. Con. Res. 395 entails no cost to the
federal government and therefore, no cost estimate was
requested from the Congressional Budget Office.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
ADDITIONAL VIEWS
I thank Chairman Hansen and Ranking Member Rahall for their
strong support this Concurrent Resolution celebrating the 50th
anniversary of the Constitution of the Commonwealth of Puerto
Rico.
To fully understand and appreciate the historical
significance of the Constitution of the Commonwealth, I find it
useful to revisit some relevant historical facts. Below are
some pertinent developments for the Commonwealth and the
relationship with the United States.
In 1917 Congress approved the Jones Act, conferring the
U.S. citizenship to all Puerto Ricans. This act, however, was
not accompanied by increased local rule or by a democratic
process through which the people of Puerto Rico could exercise
their right to self-determination.
While the Jones Act included a bill of rights, the central
principle of a democratic system--consent by the governed--was
non-existent in Puerto Rico. Puerto Rico was treated as a
colony at this time. For decades, the Puerto Rican people
struggled to achieve self-determination, and democratic rule.
After World War II, the colonial regime of the Jones Act became
difficult to sustain in Puerto Rico and in Washington. In 1947
Congress responded to Puerto Rico's claim for democracy, by
enacting the Elective Governor Act. This statute provided for
the election, every 4 years, of the governor of Puerto Rico by
the people of Puerto Rico.
Three years later, with Public Law 600 of 1950, Congress
began a process through which the people of Puerto Rico would
exercise their right to self-determination by drafting their
own constitution. It is important to note that Congress did not
impose this law upon the people of Puerto Rico. This law
represented an offer from Congress to accept or reject the
proposed constitutional make-up for Puerto Rico. Section 2 of
the Act provides: ``This Act shall be submitted to the
qualified voters of Puerto Rico for acceptance or rejection
through an island-wide referendum to be held in accordance with
the laws of Puerto Rico. Upon the approval of this Act by a
majority of the voters participating in such referendum, the
Legislature of Puerto Rico is authorized to call a
constitutional convention to draft a constitution for the said
island of Puerto Rico.''
Puerto Rico accepted the offer and a constitutional
convention drafted the new constitution and in March 1952, the
people of Puerto Rico ratified it. Months later, President
Harry S. Truman signed Public Law 447, approving the
Constitution of the Commonwealth. In that Joint Resolution,
Congress expressed that Public Law 600 had been approved ``as a
compact with the people of Puerto Rico.'' Finally, in July 25,
1952, Governor Luis Munoz Marin proclaimed the Constitution of
the Commonwealth.
This Constitution established a republican form of
government, provided for a broad Bill of Rights that followed
not only the U.S. Constitution but also the Universal
Declaration of the Rights of Man. This Constitution also
provided for the election of all members of the legislature by
the people.
As in the United States, democratic rule helped pave the
way for cultural growth and economic development in Puerto
Rico. After 1952, under the Commonwealth status, Puerto Rican
culture flourished, and a stronger sense of identity grew. Our
symbols were brought back to our public landscape, our flag,
our anthem, etc. Commonwealth status has allowed Puerto Ricans
to fully and freely express their identity and their pride.
Moreover, under Commonwealth, our economic foundations have
grown stronger and the relationship has been very beneficial
for both Puerto Rico and the United States. Today Puerto Rico
is today the #1 per capita consumer of U.S. products in the
world, and the 9th largest market for U.S. goods worldwide. In
1999, Puerto Rico purchased $16 billion worth of U.S. products,
which translates into over 320,000 jobs in the mainland U.S.
Puerto Rico purchases more U.S. products than much larger
countries such as China, Italy, Russia and Brazil.
While the Commonwealth alternative has won every referendum
held on the Island since 1952, clearly Puerto Rico's status is
not settled. It is actually a highly divisive issue. As the
representative of Puerto Rico in Congress, I feel compelled to
ensure that the will of the people of Puerto Rico is heard and
respected in Washington, and to provide any petition to improve
the Commonwealth proper consideration.
Notwithstanding the current debate of status in Puerto
Rico, there is no doubt that the Constitution of the
Commonwealth of Puerto Rico represents the greatest democratic
achievement of the Puerto Rican people, in the 20th century.
This year we celebrate the 50th anniversary of this historical
achievement.
The creation of the Commonwealth was the result of the
pragmatic genius and the progressive spirit of a great
generation of leaders in Puerto Rico and in the United States.
Let me quote the words of President Harry Truman, regarding the
approval by Congress of the Puerto Rico Constitution: ``The
Commonwealth of Puerto Rico will be a government which is truly
by consent of the governed. No government can be invested with
higher dignity and greater worth than one based upon the
principle of consent. The people of the United States and the
people of Puerto Rico are entering into a new relationship that
will serve as an inspiration to all who love freedom and hate
tyranny. We are giving new substance to man's hope for a world
with liberty and equality under law. Those who truly love
freedom know that the right relationship between a government
and its people is based on mutual consent and esteem. The
Constitution of the Commonwealth of Puerto Rico is a proud
document that embodies the best of our democratic heritage. I
recommend its early approval by the Congress.'' This quote is
from President Harry S. Truman on April 22, 1952.
Today, some 50 years later, I ask Congress to support this
resolution to celebrate the constitution of my people, upon the
same principles that Congress approved it in 1952. Congress and
all Americans ought to celebrate the Commonwealth constitution
because it represents our continued commitment to democracy,
liberty, progress and self-determination.
I urge you to support this Concurrent Resolution.
Anibal Acevedo-Vila.