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103D CONGRESS

2D SESSION H. R. 5005

To require periodic plebiscites in United States territories and to require

congressional notification of executive branch actions impacting the status

of United States territories, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 19, 1994

Mr. TORRICELLI (for himself, Mr. ROMERO-BARCELO ́, Mr. GILMAN, Mr.

WHEAT, Mr. GALLEGLY, Mr. ANDREWS of New Jersey, Mr. DEUTSCH,

Mr. DIAZ-BALART, Mr. HASTINGS, and Mrs. MEEK) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To require periodic plebiscites in United States territories

and to require congressional notification of executive

branch actions impacting the status of United States

territories, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Territorial Consulta5 tion and Notification Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
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1 (1) Article IV, Section 3, Clause 2 of the Con2 stitution, also known as the territorial clause, grants

3 Congress plenary authority to provide for the gov4 ernance of the United States territories, including

5 the determination of status.

6 (2) The President and all executive branch offi7 cials should closely consult with Congress on terri8 torial matters.

9 (3) Congress has the responsibility to promote

10 the progress of the people of the territories toward

11 self-government consistent with the principle of self12 determination as defined in the United Nations

13 Charter, and this requires that the Congress have

14 regular and reliable information with respect to the

15 views of the voters in the territories on political sta16 tus issues.

17 (4) The majority view of the voters in the terri18 tories can be acquired by Congress most effectively

19 and directly through periodic plebiscites which are

20 recognized by the people as the opportunity to freely

21 express their wishes.

22 (5) Under Federal statutes approved by Con23 gress, limited self-government has been authorized

24 for each of the United States territories, and all per-
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1 sons born in the territories are native born citizens

2 of the United States pursuant to the law.

3 (6) The decade of the 1990s has been declared

4 by the United Nations as the ‘‘Decade to Eradicate

5 Colonialism’’.

6 (7) In the November 4, 1993, plebiscite, a ma7 jority of Puerto Rican voters for the first time voted

8 against their current status as a United States terri9 tory and supported significant changes in the politi10 cal and legal relationship between the United States

11 and Puerto Rico.

12 SEC. 3. REFERENDUMS ON TERRITORIAL STATUS.

13 (a) IN GENERAL.—All territories of the United

14 States shall conduct referendums on the sentiments of

15 their citizens regarding territorial status at least every five

16 years.

17 (b) REPORT OF RESULTS TO CONGRESS.—Within 30

18 days after the date results of an election held under sub19 section (a) are certified, the Governor of the territory con20 cerned shall submit a report of such results to the Presi21 dent and to the Speaker of the House of Representatives

22 and the President of the Senate, who shall refer the report

23 to the appropriate committees.

24 (c) REPORT BY APPROPRIATE COMMITTEES OF CON25 GRESS.—Within 180 calendar days after the report de-
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1 scribed in subsection (b) is referred, each committee to

2 whom the report is referred may submit a report to the

3 Speaker of the House of Representatives or the President

4 of the Senate, as the case may be, in which the results

5 of the election are evaluated and recommendations (if any)

6 are made for changes to the laws or policies of United

7 States are made.

8 (d) IMPLEMENTATION OF CHANGE IN STATUS.—

9 Within one year after a vote under subsection (a) in which

10 a change regarding the territorial status has been ap11 proved, the President shall develop and report to the com12 mittees of Congress specified in subsection (a) the plans

13 of the President for implementing the change in status.

14 SEC. 4. REPORT ON IMPACT OF POLICY AND REGULATORY

15 MATTERS ON THE STATUS OF UNITED

16 STATES TERRITORIES.

17 The President shall submit annually to the Commit18 tee on Energy and Natural Resources of the Senate and

19 the Committee on Natural Resources of the House of Rep20 resentatives a report on all policy and regulatory matters

21 impacting the status of United States territories.

22 SEC. 5. NOTICE OF REGULATORY CHANGE AFFECTING THE

23 STATUS OF UNITED STATES TERRITORIES.

24 No regulation that affects the status of United States

25 territories may take effect until after 90 days after such
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1 regulation has been submitted to the Committee on En2 ergy and Natural Resources of the Senate and the Com3 mittee on Natural Resources of the House of Representa4 tives.

5 SEC. 6. REPORT BY THE UNITED STATES REPRESENTATIVE

6 TO THE UNITED NATIONS ON MATTERS PER7 TAINING TO UNITED STATES TERRITORIES.

8 Within 180 days after the date of enactment of this

9 Act, the United States Representative to the United Na10 tions shall submit a report to the Senate Committee on

11 Foreign Relations and the House Committee on Foreign

12 Affairs. The report shall include the following:

13 (1) A description of any issues formally consid14 ered by the United Nations during the past two

15 years relating to the status of United States terri16 tories.

17 (2) A description of any such issues that are ex18 pected to receive formal consideration in the United

19 Nations in the next year.

20 SEC. 7. DEFINITION OF UNITED STATES TERRITORIES.

21 For the purposes of this Act, the term ‘‘United States

22 territories’’ means the Commonwealth of Puerto Rico, the

23 Commonwealth of the Northern Mariana Islands, Amer24 ican Samoa, Guam, and the Virgin Islands.

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