[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

                                _______
                                

  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.

                                
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