[House Report 111-468]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-468
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2499) TO PROVIDE FOR A
FEDERALLY SANCTIONED SELF-DETERMINATION PROCESS FOR THE PEOPLE OF
PUERTO RICO
_______
April 28, 2010.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Polis, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1305]
The Committee on Rules, having had under consideration
House Resolution 1305, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2499, the
Puerto Rico Democracy Act of 2009, under a structured rule. The
rule provides one hour and 30 minutes of general debate with
one hour equally divided and controlled by the Chair and
Ranking Minority Member of the Committee on Natural Resources
and 30 minutes controlled by Representative Velazquez of New
York. The resolution waives all points of order against
consideration of the bill except clauses 9 and 10 of rule XXI.
The resolution provides that the amendment in the nature of a
substitute recommended by the Committee on Natural Resources
now printed in the bill shall be considered as an original bill
for the purpose of amendment and shall be considered as read.
The resolution waives all points of order against that
amendment in the nature of a substitute except for clause 10 of
rule XXI. This waiver does not affect the point of order
available under clause 9 of rule XXI (regarding earmark
disclosure).
The resolution makes in order only those amendments printed
in this report. The amendments made in order may be offered
only in the order printed in this report, may be offered only
by a Member designated in this report, shall be considered as
read, shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question. All points
of order against the amendments except for clauses 9 and 10 of
rule XXI are waived. The resolution provides one motion to
recommit with or without instructions. The resolution provides
that the Chair may entertain a motion that the Committee rise
only if offered by the chair of the Committee on Natural
Resources or his designee. The Chair may not entertain a motion
to strike out the enacting words of the bill (as described in
clause 9 of rule XVIII).
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) and all points of order against the amendment in the
nature of a substitute (except for clause 10 of rule XXI), the
Committee is not aware of any points of order. The waivers of
all points of order are prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 407
Date: April 28, 2010.
Measure: H.R. 2499.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule.
Results: Defeated 2-9.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay;
Polis--Nay; Dreier--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 408
Date: April 28, 2010.
Measure: H.R. 2499.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for amendment #13 by Rep. Broun (GA) and Rep. Gary
Miller (CA), which would require that English be the only
official language of Puerto Rico if it becomes a state.
Results: Defeated 2-9.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay;
Polis--Nay; Dreier--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 409
Date: April 28, 2010.
Measure: H.R. 2499.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for amendment #15 by Rep. Broun (GA) and Rep. Chaffetz
(UT), which would add a new section at the end of the bill to
require Puerto Rico, if it becomes a state, to have laws in
place to ensure that its residents have the Second Amendment
right to own, possess, carry or use for lawful self defense,
store assembled at home, and transport for lawful purposes,
firearms and ammunition in any amount, consistent with federal
law.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay;
Polis--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea;
Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 410
Date: April 28, 2010.
Measure: H.R. 2499.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for amendment #17 by Rep. Rangel (NY), which would
authorize a process to conduct a plebiscite in Puerto Rico with
four options: independence, statehood, commonwealth, and Puerto
Rico should not consider this issue at the present time.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay;
Polis--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea;
Foxx--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
1. Foxx (NC): Would allow supporters of the commonwealth
status quo the option of voting their preference during the
second stage of the plebiscite. (10 minutes)
2. Gutierrez (IL): Would provide the Puerto Rican people
have the option to choose ``none of the above'' with regard to
the status of Puerto Rico. (10 minutes)
3. Gutierrez (IL): Would provide that the ballots in the
plebiscite to be conducted under H.R. 2499 are printed in
Spanish. (10 minutes)
4. Burton (IN), Young, Don (AK): Would retain the
requirement that all ballots used for authorized plebiscites
include the full content of the ballot printed in English. It
would also require the Puerto Rico State Elections Commission
to inform voters in all authorized plebiscites that if Puerto
Rico retains its current status or is admitted as a State: (1)
any official language requirements of the Federal Government
shall apply to Puerto Rico to the same extent as throughout the
United States; and (2) it is the Sense of Congress that the
teaching of English be promoted in Puerto Rico in order for
English-language proficiency to be achieved. (10 minutes)
5. Velazquez (NY), Gutierrez (IL): Would expand eligibility
to vote in the any plebiscites authorized by this bill to U.S.
citizens of Puerto Rican descent residing in any of the 50
States. (10 minutes)
6. Velazquez (NY): Would eliminate the first round of
voting in Section 2 of the bill and insert an option for
Commonwealth as a fourth option to the ballot. It also would
provide for a runoff process if no option receives more than 50
percent of the vote that would be between the two options that
received the most votes. (10 minutes)
7. Velazquez (NY): An amendment in the nature of a
substitute that would express that it is the Sense of Congress
that a proposal for a change of status must come first from the
Commonwealth of Puerto Rico before Congress decides to consider
the issue, therefore respecting their right of self-
determination. (10 minutes)
8. Hastings, Doc (WA): An amendment in the nature of a
substitute that would state that Puerto Rico has, and has had,
the authority to conduct plebiscites. (10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Foxx of North Carolina,
or Her Designee, Debatable for 10 Minutes
Page 4, line 5, strike ``3'' and insert ``4''.
Page 4, after line 16, insert the following:
(4) Commonwealth: Puerto Rico should continue to have
its present form of political status. If you agree,
mark here ___.
----------
2. An Amendment To Be Offered by Representative Gutierrez of Illinois,
or His Designee, Debatable for 10 Minutes
On page 4, line 5, strike ``on the following 3 options:'' and
insert ``on the following 4 options:''.
On page 4, after line 16, insert the following:
``(4) None of the Above. If you agree, mark here
___.''.
----------
3. An Amendment To Be Offered by Representative Gutierrez of Illinois,
or His Designee, Debatable for 10 Minutes
In the header of section 3(e), strike ``English Ballots'' and
insert ``Language of Ballots''.
In section 3(e), strike ``printed in English'' and insert
``printed in Spanish. Upon request by an eligible voter, the
Puerto Rico State Elections Commission shall provide said
eligible voter with a ballot printed in English''.
----------
4. An Amendment To Be Offered by Representative Burton of Indiana, or
His Designee, Debatable for 10 Minutes
Amend section 3(e) to read as follows:
(e) English Language Requirements.--The Puerto Rico State
Elections Commission shall--
(1) ensure that all ballots used for any plebiscite
held under this Act include the full content of the
ballot printed in English;
(2) inform persons voting in any plebiscite held
under this Act that, if Puerto Rico retains its current
political status or is admitted as a State of the
United States, the official language requirements of
the Federal Government shall apply to Puerto Rico in
the same manner and to the same extent as throughout
the United States; and
(3) inform persons voting in any plebiscite held
under this Act that, if Puerto Rico retains its current
political status or is admitted as a State of the
United States, it is the Sense of Congress that it is
in the best interest of the United States for the
teaching of English to be promoted in Puerto Rico as
the language of opportunity and empowerment in the
United States in order to enable students in public
schools to achieve English language proficiency.
----------
5. An Amendment To Be Offered by Representative Velazquez of New York,
or Her Designee, Debatable for 10 Minutes
Page 5, strike line 8 and all that follows through ``Persons
eligible'' on line 13 and insert the following:
(2) An individual residing outside of Puerto Rico, if
the individual--
(A)(i) is a resident of the United States,
including a resident of any territory,
possession, or military or civilian
installation of the United States, at the time
the plebiscite is held; and
(ii) would be eligible to vote in the
plebiscite but for the individual's residency
outside of Puerto Rico;
(B) was born in Puerto Rico; or
(C) has at least one parent who was born in
Puerto Rico.
This paragraph shall apply notwithstanding any rule or
regulation issued under subsection (b). Persons
eligible
Page 6, after line 7, add the following:
(g) Recognition of Right to Vote.--Congress recognizes the
right of Puerto Ricans residing outside of Puerto Rico to vote
in any plebiscite held under this Act and requests the
Commonwealth Elections Commission of Puerto Rico to devise
methods and procedures for such Puerto Ricans, including those
born in, or having at least one parent born in, Puerto Rico, to
register for and vote in absentia.
----------
6. An Amendment To Be Offered by Representative Velazquez of New York,
or Her Designee, Debatable for 10 Minutes
Page 3, strike line 8 and all that follows through line 5 on
page 4 and insert the following:
(a) Authority To Conduct Plebiscite.--The Government of
Puerto Rico is authorized to conduct a plebiscite on the
following 4 options:
Page 4, after line 16, insert the following:
(4) Commonwealth: Puerto Rico should continue to have
its present form of political status. If you agree,
mark here __.
(b) Runoff Process.--
(1) In general.--If no option receives votes on more
than 50 percent of the ballots cast, the Government of
Puerto Rico shall conduct a runoff process to permit
voters to select among the 2 options that received the
most votes.
(2) Option to select none of the above.--In a runoff
process conducted under this subsection, voters shall
be permitted to vote for--
(A) the option that received the most votes;
(B) the option that received the second most
votes; or
(C) neither of those options.
----------
7. An Amendment To Be Offered by Representative Velazquez of New York,
or Her Designee, Debatable for 10 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Democracy Act of
2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress respects the self-determination right of
the people of Puerto Rico to choose their future
relationship to the United States.
(2) Congress pledges not to dissuade, influence, or
dictate a status option to the people of Puerto Rico.
(3) Congress will respectfully postpone consideration
of the Puerto Rico status question until it receives an
official proposal from the people of Puerto Rico to
revise the current relationship between Puerto Rico and
the United States that was made through a
democratically held process by direct ballot.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the Government of Puerto
Rico can proceed to conduct a plebiscite in Puerto Rico. The 2
options set forth on the ballot may be preceded by the
following statement: ``Instructions: Mark one of the following
2 options:
``(1) Puerto Rico should conduct a plebiscite to
determine a future proposal for the political status of
Puerto Rico. If you agree, mark here __.
``(2) Puerto Rico should NOT conduct a plebiscite to
determine a future proposal for the political status of
Puerto Rico. If you agree, mark here __.''.
Amend the title so as to read: ``A bill to express the sense
of Congress that the Government of Puerto Rico can proceed to
conduct a plebiscite in Puerto Rico, and for other purposes.''.
----------
8. An Amendment To Be Offered by Representative Doc Hastings of
Washington, or His Designee, Debatable for 10 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Plebiscite Act of
2010''.
SEC. 2. PLEBISCITE.
Puerto Rico has and has had the authority to conduct a
plebiscite of its residents on its future political status and
to transmit the result to Congress.
Amend the long title so as to read: ``A bill to clarify
Puerto Rico plebiscite authority.''.