Responding to your message to Rep. Putnam

Dear Mr. Arroyo:

Thank you for your recent correspondence regarding the political status of Puerto Rico. I appreciate hearing from you.

As you may already know, United States sovereignty over Puerto Rico originated with the acquisition of the islands in 1898 after the conclusion of the Spanish-American War. For decades, the federal government administered governmental operations in Puerto Rico through military commanders or civilian officials appointed by the President. But in 1950, Congress enacted legislation (P.L. 81-600) authorizing Puerto Rico to hold a constitutional convention; and in 1952, the people of Puerto Rico ratified a constitution that established a republican form of government for the islands. After being approved by Congress and the President in July 1952 and thus given force under federal law (P.L. 82-447), the new constitution went into effect on July 25, 1952. Puerto Rico is subject to congressional jurisdiction under the Territorial Clause of the U.S. Constitution. Under this authority, Congress has passed legislation that governs Puerto Rico's relationship with the United States. Residents of Puerto Rico hold U.S. citizenship, serve in the military, are subject to federal laws, benefit from federal aid as approved by Congress, and are represented in the House of Representatives by a Resident Commissioner elected to a four-year term. Puerto Ricans, however, do not vote in national elections; their Resident Commissioner in Washington does not vote on the floor of the House; and although Puerto Ricans pay federal tax on income derived from sources in the United States, they pay no federal tax on income earned in Puerto Rico. These and other aspects of the relationship of Puerto Rico to the United States are settled matters of law, but some elements of the relationship have been and continue to be matters of debate. Some contend that the current political status of Puerto Rico, perhaps with enhancements, remains a viable option. Others argue that commonwealth status is or should be only a temporary fix to a problem to be resolved in favor of other solutions considered permanent, non-colonial, and non-territorial -- either statehood or independence as a sovereign nation. Some contend that if independence is achieved, the close relationship with the United States could be continued through compact negotiations with the federal government. One element apparently shared by all discussants is that the people of Puerto Rico seek to attain full, democratic representation, notably through voting rights on national legislation to which they are subject. A report issued in December 2005 by a presidential task force on the status of Puerto Rico asserts that there are only three constitutionally recognized options for the islands: independence, statehood, or continuation as a U.S. possession subject to the Territorial Clause of the U.S. Constitution. The document provided a catalyst for congressional consideration of the matter. Current legislation before Congress (H.R. 4963) would authorize a constitutional convention to enable delegates to develop a "self-determination proposal" for congressional consideration. Another bill (H.R. 4867) would authorize plebiscites on whether, and in which form, Puerto Rico's political status should change.

On March 2, 2006, Representative Luis Fortuño, Resident Commissioner for Puerto Rico, introduced H.R. 4867, the Puerto Rico Democracy Act. This important legislation has received the support of 97 cosponsors, of which I am one. The Puerto Rico Democracy Act would:

* Direct the Puerto Rico State Elections Commission to conduct a plebiscite in Puerto Rico during the 110th Congress, giving voters the option to vote for continued U.S. territorial status or for a path toward a constitutionally viable permanent nonterritorial status; * Provide for subsequent procedures, depending on ballot results; and * Authorize the Secretary of the Treasury to allocate certain funds for the self-determination process.
This bill has been referred to the House Committee on Resources, and while I am not a member of this Committee, I look forward to supporting this bill when it is considered on the House Floor.

On March 15, 2006, Representative John Duncan, introduced H.R. 4963, the Puerto Rico Self-Determination Act. H.R. 4963 would state that Congress reaffirms the inherent authority of the government of the Commonwealth of Puerto Rico to call, and hereby expressly authorizes the calling of, a constitutional convention through the election of delegates for the purpose of establishing a mechanism for self-determination. In addition it would provide that, upon the approval by a constitutional convention in the Commonwealth of a self-determination option, the convention shall submit a self-determination proposal to Congress for approval.

The Puerto Rico Self-Determination Act would also:

* Require submission of the proposal, upon approval by Congress with or without modifications, to the people of the Commonwealth for approval or rejection in a referendum; * Require enactment of a joint resolution of Congress approving the terms of the proposal, including implementing provisions, if the people of Puerto Rico approve the proposal in the referendum; and * Provide that, if a self-determination proposal is not approved by Congress or by the people of Puerto Rico in a referendum, the Government of the Commonwealth should call for a new constitutional convention, including an election by the people of Puerto Rico of new delegates to the convention, for the purpose of formulating and submitting to Congress a new self-determination proposal.
This bill has also been referred to the House Committee on Resources, and while I am not a member of this Committee, I will be sure to keep your views in mind should this legislation come to the House Floor for a vote.

Again, thank you for taking the time to share your views, If you are experiencing difficulties with a federal agency, are interested in legislation that is pending before Congress or merely wish to express your opinions, please visit my website at www.adamputnam.house.gov.

May God continue to bless America.

Sincerely,

Adam Putnam
Member of Congress