SENATOR MURKOWSKI: Welcome to a couple more hours of the United States Senate before we get out of here. What I want to spend a few minutes today on is talking about the Chairman's Mark which I have laid down relative to self-determination for Puerto Rico.
It is clearly the responsibility of our committee to provide for our United States citizens an opportunity to express their political aspirations under a concept of self-determination. And of course this is the centennial year marking a hundred years which Puerto Rico has been under U.S. Sovereignty. And after hearing all sides of the debate, I think all sides, I hope so, on the debate and having reviewed the testimony submitted in the record including input from all three of the political parties as well as the Governor, I've decided and directed the formation of the Chairman's Mark to provide what I honestly believe is an accurate, neutral definition of the status options.
The mark is drafted to advance the process of self-determination for our fellow citizens of Puerto Rico. The legislation, I want to point out, is strictly advisory, it does not mandate introduction of future legislation. It does not mandate fast track.
Of course I remember as a youngster growing up in Alaska under territorial status and no question in my mind of the moral and constitutional responsibility we have to address the matter of Puerto Rican self-determination. But what I really feel our committee does not belong in and that's the realm of Puerto Rican politics, right? I refer to my good friend Carlos on that.
I know that the Governor, I know that the Governor yesterday, I know that he intends to call a plebiscite this December and may use, may or may not use the definitions provided by Congress. Whether or not the Senate acts on that matter, of course, is something we'll have to address in the process. But in my view these definitions and structure that we've had so far come over from the House or in the bill that we have in the Senate, are not necessarily as neutral as they should be and I think involve us in the local politics of Puerto Rico.
Now it's my hope to report out a measure out of the committee that would provide the Governor language that is accurate, that is neutral to the best of our ability. The draft Chairman's Mark, I think, really attempts in great detail to clarify the citizenship under each of the options and that's something that I have been in discussion with time and time again and that seems to be the crux of the interests of the people of Puerto Rico, just what is their citizenship status under the three alternatives.
So basically and briefly under commonwealth citizenship provided by statute will simply continue to be so. Under separate sovereignty, citizenship will basically end. Under statehood, of course, citizenship is provided under the Constitution. Finally I want to make it clear so long as Puerto Rico remains under U.S. sovereignty; its residents will remain U.S. citizens. If Puerto Rico wants separate sovereignty, then U.S. citizenship would end.
I have provided today the members of the Energy Committee with a copy of this Mark for their review over the recess and after receiving members comments it is my intention that the Committee will meet in September to discuss the next in this process. And I might add this is another step in the road and it's difficult to ascertain how long the road is but it's fair to say we're moving.
I'd be happy to take your questions on these or other matters and I want to introduce COUNSEL for the Committee Jim Beirne, who I want to push the microphone because he write the small print, yes ma'am in the back.
REPORTER: On Wednesday you said that the bills in the House and in the Senate were too tilted toward statehood. What do you have to say about those remarks?
SENATOR MURKOWKSI: Well, let me qualify that a little bit more. Rather than lament on the other two bills, because those are kind of in the eyes of the beholder, what we've attempted to do is develop in our draft something that we feel is objective, not tilted, and I'd rather not go into my interpretation of what-ifs on either the House or Senate bill. Yes ma'am?
REPORTER: Senator, do you have any indication from Senator Lott that this will be brought up this year?
SENATOR MURKOWSKI: I have no indication from Senator Lott with regard to the status of this. It's in the Committee, it's proceeding in the Committee, we will address the procedure in September. Obviously the calendar is very full, we have a very short time frame, I think we have less than thirty legislative days. And in that kind of an environment, any one member can put a hold on a bill to tie it up. So, you know, the prospects are very difficult to project at this time because we haven't even gotten a bill out of committee. Yes sir?
REPORTER: If there's no bill passed in the Senate their gonna use the Young Bill in-
SENATOR MURKOWSKI: That's correct.
REPORTER: -in the definition for their plebiscite. Well how would you and the Committee react to the results if they use another bill?
SENATOR MURKOWSKI: Well that's just a petition to the Congress and we have the right and obligation to formulate language presented to the people of Puerto Rico and they have the option of accepting or rejecting it.
REPORTER: What would you, with the results of a local plebiscite, would that have any effect?
SENATOR MURKOWSKI: No. It will not change the Senate's obligation to come up with its own language and present before the people of Puerto Rico our version. And that's just our responsibility. I won't say it won't have influence on the discussion, it may have influence on the debate, it may have influence on the amendment process. Yes sir?
REPORTER: My understanding from reading the bill is that what is written does not obligate Puerto Rico to perform a plebiscite.
SENATOR MURKOWSKI: That's correct.
REPORTER: It does not obligate the Congress to do anything with the results of a plebiscite. It does obligate the President to write a report but not necessarily on the status with anything permanent as to the plebiscite.
SENATOR MURKOWSKI: That basically the case, if Counsel, do you want to elaborate come on over here. And I'm sure you're inclined to give more than a Yes/No answer.
COUNSEL (BEIRNE): Actually, yes that's a fair statement of the bill. It requires a report which will identify actions that need to be taken to implement the results but it does not mandate that a particular result be implemented or how to implement it.
REPORTER: A potential feature of this are the three definitions-
COUNSEL: The definitions are provided and from the administration and identification of what actions would need to be taken depending on the results of the referendum.
REPORTER: I think at some point during the hearing, you mentioned, you said or somebody on the panel said 'It is our obligation as Congress to present options which the United States is prepared to act on. That presumably would include-
SENATOR MURKOWSKI: Include what?
REPORTER: That would include votes for statehood since this statehood option is present.
SENATOR MURKOWSKI: Well there are three options: status quo, independence and statehood.
REPORTER: But the intent of this definition of statehood would be so Congress would be prepared to act on such a result.
SENATOR MURKOWSKI: Well there's the admissions act which is part of this legislation and that suggests that that is far down the road. Do you want to elaborate a little more on that?
COUNSEL: I take it, if you look at the definitions, what the definition sets forth is the historical process so that the vote is not a vote for statehood per se. It is a vote to petition the Congress to begin the process of taking the actions necessary to prepare Puerto Rico for eventual considerations under the Admissions Act. I think it's a process as opposed to a vote on statehood itself.
REPORTER: So if possible, in December Puerto Ricans could vote for statehood and the Congress could look at it and say 'No, sorry, we don't want you as a state'?
SENATOR MURKOWSKI: Well, yeah, but they could also vote for independence or the status quo.
REPORTER: But the likelihood is a vote for statehood.
SENATOR MURKOWSKI: Well I'm not gonna get into Puerto Rican politics, that's not my job. Thank you. Yes sir?
REPORTER: Senator did you discuss with the Governor yesterday the possibility of using your language?
SENATOR MURKOWSKI: We indicated in general terms to the Governor what our language was. What he chooses to do is obviously under his privy.
REPORTER: Did you tell him that that might be helpful in getting statehood?
SENATOR MURKOWSKI: Well I think the Governor is very well aware of what he thinks is in the best interest of the people of Puerto Rico and will act accordingly. Yes sir?
REPORTER: In the definition of-
SENATOR MURKOWSKI: Excuse me, you're next.
REPORTER: In the definition of Independence you say that the report should talk about limiting perspective acquisition of citizenship in Puerto Rico prior to the withdrawal of sovereignty are you talking about Puerto Ricans born in Puerto Rico now living in the United States and would they lose Puerto Rico citizenship, is that your intention?
COUNSEL: That language is consistent with the action that the committee took in 1989 and again in 1991 under the independence provision that the legislation we're considering then what it did was it terminated the statutory provision prospectively for persons born subsequent to the date of the repeal as part of the transition to independence. What the precise terms would be from the administration in response to this referendum would be we don't know. But the historical reference would be to the action that the committee took in 1989.
REPORTER: I'm curious, Senator. Would you have any particular thoughts on any cases on what would happen to Puerto Ricans born in Puerto Rico but living in the United States now?
SENATOR MURKOWSKI: Well under my understanding their citizenship, yea, they have a choice. They could go back to Puerto Rico and not be US citizens anymore, or stay here and obviously participate as US citizens. That would be a matter of choice. Yes sir.
REPORTER: Can you describe or explain the obstacles that the US Senate has in process to tabulate the plebiscite in Puerto Rico?
SENATOR MURKOWSKI: Well it is not our intention to get involved at any matter or means in the plebiscite in Puerto Rico. What the Governor lays down before the People that's…
REPORTER: Does it help that you have in the Senate to approve the deal, how do you explain to the
SENATOR MURKOWSKI: Well It's a matter of law so I'm going to refer to counsel again.
COUNSEL: I think that the simple answer is that the says that this is an option for Puerto Rico under the laws of Puerto Rico. The choice would be for the Governor and the Legislature whether they use this process or a different process or have a referendum or not have a referendum it is not the intent of the legislation to interfere in the local decision making but to provide this option.
REPORTER: [Inaudible]
COUNSEL: Historically these states have been admitted to the Union. Congress has either permanently or temporarily increased the membership in the House to accommodate the new state sometimes it has been done as part of an apportionment and sometimes simply attached to a particular admissions act. There are a series of options that you can do, either temporarily or permanently, and simply request the administration as part of its report to address this issue with its preference. Yes sir.
REPORTER: [Inaudible]
SENATOR MURKOWSKI: Well have to decide what happens next year. Obviously our obligation to the American citizens, the Puerto Rican people, is not fulfilled. And I feel that's an obligation of the Congress and my Committee, the United States Senate, and we'll attempt to regroup and proceed. Yes sir.
REPORTER: Senator Murkowski, the bill indicates that under commonwealth with the U.S. policy of continued citizenship and I'm wondering if that would bind future Congresses to that policy.
SENATOR MURKOWSKI: It can't bind future, that's my own reaction but go ahead and give us-
COUNSEL: I think simply to reassure people that as long as Puerto Rico remains under the sovereignty of the United States citizenship will continue. The, at the moment because Puerto Rico is not a state, a person born in Puerto Rico is a U.S. citizen by virtue of statute. Were Puerto Rico a state, that would fall under the Constitution. That language is there simply to reassure folks that so long as Puerto Rico remains under the sovereignty, citizenship will continue.
SENATOR MURKOWSKI: Okay, that's certainly an attempt. I'm going to move over here. Yes ma'am?
REPORTER: Yes, a question. [Inaudible]
SENATOR MURKOWSKI: No, no. I don't know why. Do you know why? We, I'm told, we took input from everybody who provided it and drafted and specifically we didn't, we did not take anybody's specific language.
REPORTER: But did you receive any input for a definition?
SENATOR MURKOWSKI: From all three parties, yes.
REPORTER: And two, [Inaudible]
SENATOR MURKOWSKI: Well we're trying to keep politics out of this. I think it's fair to say that anyone that objectively looks at the Senate schedule will recognize that we have very limited time and that anything that moves will almost have to move by unanimous consent. I'd like to keep politics out of it and that's my intention. And I think if you look at the make-up of our Committee and the manner in which we reported out on Ambassador Bill Richardson who I think will, well, may comment on that if there's any interest afterward. We're pretty non-partisan and we have a job to do and we intend to do it and we hope that people wouldn't misinterpret it as having political connotations. That's not our intent. Yes sir?
REPORTER: If Congress passes this bill as you've outlined it and if the Puerto Rican people approve statehood, does this then bind Congress to admitting Puerto Rico-
SENATOR MURKOWSKI: Absolutely not. No binding whatsoever. I'm gonna move, yes ma'am you haven't had a turn.
REPORTER: Statutory citizenship has always been a problem for commonwealth. If they reject this definition, will you reconsider another definition for commonwealth?
SENATOR MURKOWSKI: Well we could consider anything, you know. We're gonna get input from our members. It's only a draft so it's a long way from reality in the sense of a final document.
REPORTER: Is statutory, the word statutory, is it possible to take it off of the definition and leave only citizenship?
SENATOR MURKOWSKI: Well I guess anything's possible. Is there a particular sensitivity that we have with it.
REPORTER: Very much.
SENATOR MURKOWSKI: Well, I know but that's what we tried to address and your point is? Please tell me.
REPORTER: One question is that that has a very impolitical meaning for Puerto Rico, if they did write that, write citizenship is statutory under commonwealth. But because it has a very political meaning, Puerto Rico's position is not guaranteed so people may decide to vote for one of the other options guaranteeing it in the definition.
COUNSEL: Again I think there's no intent in the legislation to engage in the political debate. The word statutory could easily have been pursuant to law. So it's a problem of phrasing. That's something we will probably have input back from the members and reaction from others as they review the draft.
REPORTER: The thing is it's a law, and rightfully it's a law. And Congress could, if it wanted to, change that law and I think that's keeping Puerto Rico –
COUNSEL: And the policy statement that's attached there can assure people that the distinction doesn't mean that someone's trying to-
REPORTER: But it's statutory in my report.
SENATOR MURKOWSKI: That's correct. Yes sir?
REPORTER: An attorney for the commonwealth party tried to persuade me that's it was not statutory. This sounds as if you rejected that argument. Correct?
SENATOR MURKOWSKI: Yes. That's correct. That was our thought. Yes sir? Go ahead either one of you.
REPORTER: One more clarification. You had said that you wanted [Inaudible]
SENATOR MURKOWSKI: Well they, I promised to deliver the Mark today, it is being delivered today. We've had informal conversations. The Mark is not just going to Republican members of the Committee, it's going to all members of the Committee. You know, the question of how we proceed will be addressed when we come back in September and have an opportunity to discuss it and have their input.
REPORTER: But this is your Mark?
SENATOR MURKOWSKI: This is the Chairman's Mark which represents a composite, if you will, attempt to try and pull together not only the House bill, the Senate bill, the input from the parties as well as from the Governor of Puerto Rico and as well as our own effort to draft a scaled down, objective bill that we think will meet our obligations to the people of Puerto Rico. Yes sir?
[Inaudible]
SENATOR MURKOWSKI: Go ahead.
COUNSEL: I think historically the Senate has never been a particular fan of fast track consideration. There are a lot of extraordinarily important issues that would need to be considered depending on the results. Independence, for one, would probably require some kind of either constituent assembly or constitutional convention to determine the form of republic or nation. Putting those type of things under fast track consideration probably wouldn't work very well. Statehood would involve a change in the internal revenue code and entitlement programs. Those also tend maybe to be more complex than the time frame that we'd try to set in this legislation.
SENATOR MURKOWSKI: Couple more questions.
SECURITY: Just two more questions please.
SENATOR MURKOWSKI: Yes ma'am.
REPORTER: If you think it's unlikely that this will come up for a vote on the floor, what is your motivation for doing this today. Is it to influence the plebiscite?
SENATOR MURKOWSKI: Not it's just a reality that we've been on a track here trying to get these things done. We've had our workshops, we've had our mark-ups, we've had two days and this is the next step. And as I indicated in each of my comments to the Press, this is another step in the road to self-determination, and it may or may not coincide with the calendar. Yes ma'am.
REPORTER: If the Governor goes ahead and holds a plebiscite December without heeding the legislation-
SENATOR MURKOWSKI: In December.
[Inaudible]
SENATOR MURKOWSKI: Who knows what would happen then because we don't know what the Governor's gonna do. You know, he's got the options.
REPORTER: Will he simplify things?
SENATOR MURKOWSKI: Well, some people might think so but I don't want to be put in a position as recommending anything to the Governor of Puerto Rico. He's duly elected by the People of Puerto Rico and perfectly capable of determining what's in their best interest. Way in the back.
[Inaudible]
REPORTER: Senator Gramm said the worst thing that could happen is Congress would write these definitions, Puerto Rico would vote for statehood, and then Congress would turn around and deny statehood. Are you concerned about meeting the obligation-
SENATOR MURKOWSKI: Well if I wasn't concerned about meeting our obligation to the people of Puerto Rico I wouldn't be with you today. I'd be on an earlier airplane to Alaska. If there's nothing else on Puerto Rico—oh, one more, this is it.
REPORTER: I understand that you and Senator Lott [Inaudible]
SENATOR MURKOWSKI: Oh we meet all the time, go ahead.
REPORTER: On that premise has he told you not to let this bill get out of committee.
SENATOR MURKOWSKI: I'm the Committee Chairman and Senator Lott doesn't run the Senate in that kind of a manner.
SUMMARY OF DRAFT CHAIRMAN'S MARK
Authorizes a local referendum. No requirement that Puerto Rico must hold a referendum.
Any referendum would be conducted under local law and is advisory only.
Three brief definitions:
- Commonwealth is the present status
- Local self-government
- Under sovereignty of United States
- Subject to provisions of the Constitution and federal laws applicable to it, including the laws providing citizenship for persons born in Puerto Rico
- Statement that US policy is to continue citizenship.
- Separate Sovereignty
- Prepare Puerto Rico for withdrawal of US sovereignty
- Statement that US policy that separate sovereignty is inconsistent with continued US citizenship
- Future Relationship could be Free Association of full Independence as Puerto Rico chooses and as may be mutually agreed
- Particular relations, such as trade or transit of citizens, would depend on the precise nature of the relationship, but that the US will be sensitive and will consider our past relationship
- Statehood
- Prepare Puerto Rico for eventual consideration of an Admissions Act. Process contemplates:
- Changes in federal law to comply with Constitution
- Followed by extension of all provisions of the Constitution and "Incorporation" of Puerto Rico as a part of the United States (the same status that Hawaii and Alaska had during consideration of an Admissions Act.
- Eventual consideration of an Admissions Act.
Governor certifies result and President required to submit a report to Congress on what actions would be needed to be undertaken depending on the result. All proposals must comply with the requirement of the Budget Act.
Draft Chairman's Mark to H.R. 856
Strike all after the enacting clause and insert in lieu thereof the following:
SECTION 1. AUTHORIZATION OF ADVISORY REFERENDA.
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The government of Puerto Rico may, from time to time, conduct popular referenda to permit the residents of Puerto Rico an opportunity to express their desire on political status. Any such referendum shall be advisory only and shall be conducted among qualified voters who are United States citizens and in accordance with the laws of Puerto Rico applicable to general elections.
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A referendum pursuant to this Act shall provide a choice among the following three ballot options—
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Commonwealth. – Puerto Rico desires to remain in its present political status exercising local self-government under the sovereignty of the United States and subject to the provisions of the Constitution of the united States applicable to it, including Article IV, Section 3, Clause 2, and federal laws made applicable by Congress, including those providing for statutory United States citizenship for persons born in Puerto Rico which it is the policy of the United States to continue.
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Separate Sovereignty. – Puerto Rico desires to petition the federal government to undertake those actions necessary to prepare Puerto Rico for the eventual withdrawal of United States sovereignty and the establishment of a fully sovereign nation of Puerto Rico, understanding that such a status is, as a matter of United States policy, incompatible with continued United States citizenship. Future relations, including trade, transit of citizens of Puerto Rico to the United States, economic and other forms of assistance to provide an orderly transition, and other matters will be determined on a government to government basis based on the precise nature of the relationship, which can include either Free Association or Independence, as mutually agreed upon and with full and sympathetic consideration of the former relationship.
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Statehood. – Puerto Rico desires to petition the federal government to undertake those actions necessary to prepare Puerto Rico for extension of those provisions of the United States Constitution not presently applicable, incorporation as a part of the United States, and subsequent consideration of legislation providing for the admission of Puerto Rico into the Union on an equal footing with other States and with citizenship as provided under the Constitution.
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The results of any referendum held under this Act shall be certified to the President of the United States by the Governor of Puerto Rico.
SECTION 2. REPORT BY THE PRESIDENT.
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Within six months from the date when the results of a referendum are certified and after consultation with the Governor of Puerto Rico and other interested persons, the President shall submit a report on the results of the referendum to the Speaker of the house of Representatives and the President of the Senate.
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If a majority of the votes cast are for Commonwealth or if no option receives a majority, the report shall indicate what actions the federal government could take to improve social, educational, and economic conditions in Puerto Rico, including, but not limited to, modifications to or exemptions from federal laws as may be appropriate considering the objectives of the laws and the particular circumstances of Puerto Rico, consideration of economic or commercial arrangements consistent with United States policy, jurisdiction, and authority, and flexibility in the use of federal funds to the extent that such flexibility would further the objectives of the federal programs and enhance local self-government, together with whatever recommendations the President may make in other areas.
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If a majority of the votes cast are for Separate Sovereignty, the report shall include proposals to prepare Puerto Rico for consideration of the withdrawal of United States sovereignty, including, but not limited to, the convening of a convention in Puerto Rico to form the basis for a new government and to decide on the nature of the relationship that a sovereign foreign Puerto Rico desires with the United States. The report shall also include proposals to limit prospective acquisition of citizenship by birth in Puerto Rico prior to the withdrawal of sovereignty and for the assumption of Puerto Rico citizenship and termination of United States citizenship for residents upon the withdrawal of United States sovereignty. In addition, the report shall provide options to ensure that all individual vested rights under federal programs are protected and to address contributions made to Social Security and other federal programs by persons who reside in Puerto Rico or who would do so after the withdrawal of United States sovereignty; alternatives to address continued use of and access to military bases; interim measures to reform federal programs to ensure a smooth and orderly transition for Puerto Rico, including, but not limited to, consideration of combining various federal assistance programs into block grants, and an estimate of the time likely to be required to negotiate agreements with Puerto Rico on trade, transit of citizens between the two nations, taxation, currency and finance, social security and Medicare, future financial and other assistance, defense, legal and judicial matters, and other areas that would need to be resolved prior to any withdrawal of sovereignty.
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If a majority of the votes cast are for Statehood, the report shall include specific legislative proposals to amend federal laws, including, but not limited to, entitlement and revenue measures, to conform to the requirements of the Constitution were to be fully extended to Puerto Rico. The report shall indicate what adjustments will need to be made by Puerto Rico as a result of the modifications of federal laws and provide alternatives for coordination between the federal and local government to ensure a smooth and orderly transition. The report shall also indicate whatever other action the President believes should be undertaken to prepare Puerto Rico fully for consideration of eventual incorporation as a part of the United States and extension of all provisions of the United States Constitution to Puerto Rico, together with his views on whether additional referenda should be conducted in Puerto Rico after all such preparations have been fully accomplished and prior to the extension of any additional provisions of the United States Constitution to Puerto Rico. The report shall also set forth alternatives that Congress could consider to ensure that admission of Puerto Rico into the Union will not affect representation in Congress by any other State.
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Any proposals contained in a report under this section shall be consistent with the provision of the Congressional Budget and Impoundment Control Act of 1974 (P.L 93-344, 88 Stat. 297), as amended.
SECTIONS 3. COSTS.
Upon the request of the government of Puerto Rico, the President shall make available to the Elections Commission of Puerto Rico from amounts otherwise covered into the Treasury of Puerto Rico under section 7652(e)(l) of the Internal Revenue Code of 1986 such sums as may be requested for the conduct of any referendum and such sums as may be requested, but not to exceed $1,200,000 in any referendum, for voter education.
SECTION 4. SAVINGS.
Nothing in this Act, nor any action taken pursuant to it shall have the effect of incorporating the Commonwealth of Puerto Rico into the United States nor of extending any additional provisions of the United States nor of extending any additional provisions of the United States Constitution to Puerto Rico. Neither incorporation for the extension of any additional provisions of the United States Constitution to Puerto Rico shall occur other than by specific act of Congress explicitly stating such incorporation or extension. Nothing in this legislation requires the government to conduct referenda other than as provided in this legislation.
Amend the title to read as follows: To provide for advisory referenda in Puerto Rico, and for other purposes.
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