Proposed Non-Official DRAFT – Working Draft

ENABLING ADMISSION ACT FOR ADMITTING THE                        

    TERRITORY OF PUERTO RICO AS A STATE OF THE               

 FEDERAL UNION OF THE UNITED STATES OF AMERICA

              (BASED ON THE HAWAII ADMISSION PROCESS)

    Admission of Puerto Rico as a State of the Union

      Puerto Rico Statehood Enabling Admission Act

To Enable Federal Legislation to Finalize the Process                   for the Admission of the Territory of Puerto Rico as a

State of the Union in Equal Footing with the Other

States of the United States of America

H. R. PL 113-XXXX

Public Law 2013-XXXX, February 25, 2013, XX Stat. XX

Be it Enacted by the Senate and the House                                        

of Representatives of the United States of America

in  Congress Assembled

Sec. 1. Declaration: acceptance, ratification and confirmation of Constitution.

That, subject to the provisions of this Act, and upon issuance of the Proclamation required by section 6(c) of this Act, the present US Territory of Puerto Rico is hereby  declared admitted into the Union on an equal footing with the other States in all respects whatever, and is hereby so declared to be a State of the United States of America, and the Constitution formed pursuant to the provisions of P L 81-600 of July 3, 1950 and the Act of the Puerto Rico  Legislative Assembly entitled “An Act to provide for a referendum to approve P L 81-600 and to call for a constitutional convention, elected on August 27, 1951, for the creation and adoption of a constitution and the forwarding of the same to the White House and the Congress of the United States after being approved by the people of Puerto Rico, and appropriating money therefor”, approved June 4, 1951 (Act  xxx, Laws of Puerto Rico (1951), and finally adopted by a vote of the People of Puerto Rico in a referendum held March 3, 1952, approved by Congress on July 3, 1952 (PL 82-447) and finally ratified by the People of Puerto Rico in a referendum held on November 4, 1952, is hereby found to be republican in form and in conformity with the Constitution of the United States, including a Bill of Rights, and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed, subject to certain cosmetic revisions to adapt and conform it to the State of Puerto Rico and certain amendments to incorporate the provisions under sections 2 and 4 of this Act. For these purposes, the State of Puerto Rico will call for a Constitutional Convention which will present the amended constitution for ratification to the qualified electors in a referendum to be held together with the Referendum to be held for the final approval of this Admission Process not later than July 25, 2013. The Preamble to the present Constitution of Puerto Rico reads as follows:

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“We,  the  People  of  Puerto Rico, in order to organize ourselves politically on a fully democratic basis, to promote the general welfare, and to secure for ourselves and our posterity the complete enjoyment of human rights, placing our trust in Almighty God, do ordain and establish this Constitution for the Commonwealth which, in the exercise of our natural rights, we now create within our union with the United States of America.

In so doing, we declare:

That  the  democratic  system  is fundamental  to  the  life  of  the Puerto Rican community;

That we understand for a democratic system of government one in which the will of  the people is the source of public power, where the political order is subordinate to the rights of man and where  the free participation of the citizen in the collective decisions is assured;

That we consider as determining factors in our life, our citizenship of the United States of America and our aspiration to continually enrich our democratic heritage in the individual and collective enjoyment of its rights and privileges; our loyalty to the principles of the Federal Constitution; the coexistence in Puerto Rico of the two great cultures of the American Hemisphere;  our fervor for  education; our faith in  justice;  our devotion to the courageous, industrious, and peaceful way of life; our fidelity  to the individual human values above and beyond social positions, racial differences and economic interests; and our hope for a better world based on these principles.”

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For reasons not pertinent at this time, the actions of both parts for completing the process was and have been delayed for some 60 years and the People of Puerto Rico chose to reactivate and reconfirm the 1952 commitment. Congress recognizes that there are some people in the Territory that may prefer to remain as a Territory and others who would prefer to separate into an independent republic, with or without, a Treaty of Cooperation with the United States of America. In a Plebiscite carried out on November 6, 2012, to decide on these matters and choose among non-territorial and non-colonial feasible Alternatives under US Constitutional Law and International Principles, a substantial majority of the qualified electors voted for terminating the Territory relationship and elected to finalize the process for final Statehood.

Sec. 2. Geographical Description of Territory.

The State of Puerto Rico shall consist of the main island of Puerto Rico and the adjacent islands within its jurisdiction, together with their appurtenant reefs and territorial waters, included as part of the Commonwealth of Puerto Rico on the date of enactment of this Act (February 25, 2013), located in the Caribbean area and constituting the Smaller of the Greater West Indies, including the offshore islands of Vieques, Culebra, Mona, Desecheo, Calaminoand other small land spots belonging to and within the jurisdiction of Puerto Rico, together with their appurtenant reefs and territorial waters.

Sec. 3. Constitution.

The Constitution of the State of Puerto Rico shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

Sec. 4. Title to property; land grants; reservation of lands; public school support; submerged lands.

(a)  Except as provided in subsection (c) of this section, the State of Puerto Rico  and its political subdivisions, as the case may be, shall succeed to the title of the Commonwealth of Puerto Rico and its subdivisions in those lands and other properties in which the Commonwealth and its subdivisions now hold title.

(b)  Except as provided in subsection (c) and (d) of this section, the United States grants to the State of Puerto Rico, effective upon its admission into theUnion, the United States’ title to all the public lands and other public property, within the boundaries of the State of Puerto Rico, title to which is held by the United States immediately prior to its admission into the Union. The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Puerto Rico.

(c)  Any lands and other properties that, on the date Puerto Rico is admitted into the Union, are set aside pursuant to law for the use of the United States under any (1) Act of Congress, (2) Executive order, (3) proclamation of the President, or (4) proclamation of the Governor of Puerto Rico, shall remain the property of the United States subject only to the limitations, if any, imposed under (1), (2), (3), or (4) herein, as the case may be.

(d) Any public lands or other public property that is conveyed to the State of Puerto Rico by subsection (b) of this section but that, immediately prior to the admission of said State into the Union, is controlled by the United States pursuant to permit, license, or permission, written or verbal, from the Commonwealth of Puerto Rico or any department thereof may, at any time during the five years following the admission of Puerto Rico into the Union, be set aside by Act of Congress or by Executive Order of the President, made pursuant to law, for the use of the United States, and the lands or property so set aside shall, subject only to valid rights then existing, be the property of the United States.

(e) Within five years from the date Puerto Rico is admitted into the Union, each Federal agency having control over any land or property that is retained by the United States pursuant to subsections (c) and (d) of this section shall report to the President the facts regarding its continued need for such land or property, and if the President determines that any of such land or property is no longer needed by the United States, it shall be conveyed to the State of Puerto Rico.

(f) The lands granted to the State of Puerto Rico by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), together with the proceeds from the sale or other disposition of any such lands and the income therefrom, shall be held by said State as a ‘public trust’ for the support of the public schools and other public educational institutions, for the making of public improvements and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a ‘breach of trust’ for which suit may be brought by the United States. The schools and other educational institutions supported, in whole or in part, out of such ‘public trust’ shall forever remain under the exclusive control of said State; and no part of the proceeds or income from the lands granted under this Act shall be used for the support of any sectarian or denominational school, college, or university.

(g)  As used in this Act, the term ‘lands and other properties’ includes public lands and other public property, and the term ‘public lands and other public property’ means, and is limited to, the lands and properties that were ceded to the United States by the Crown of Spain under the Treaty of Paris approved and signed December 10, 1898 and ratified by Congress April 11, 1899,  or that have been acquired in exchange for lands or properties so ceded.

(h)  All laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of Puerto Rico or its political subdivisions pursuant to subsections (a), (b), or (e) of this section or reserving the right to alter, amend, or repeal laws relating thereto shall cease to be effective upon the admission of the State of Puerto Rico into the Union.

(i) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29) and the Outer Continental Shelf Lands Act of 1953 (Public  Law 212, Eighty-third Congress, first session, 67 Stat. 462) shall be applicable to the State of Puerto Rico and the said State shall have the same rights as do existing States thereunder. (As amended Pub. L. 86-624, Sec 41, July 12, 1960, 74 Stat. 422.)

Sec. 5. Certification by President ; proclamation for elections.

As soon as possible after the enactment of this Act, it shall be the duty of the President of the United States to certify such enactment to the Governor and the Legislative Assembly of the Commonwealth of Puerto Rico. Thereupon the Governor and the Legislative Assembly of the Commonwealth shall, within thirty (30) days after receipt of the official notification of such approval, issue their joint proclamation for the elections, as hereinafter provided, for officers of all State elective offices provided for by the constitution of the proposed State of Puerto Rico, and for two Senators and five Representatives in Congress. In the first election of Senators from said State, the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No identification or designation of either of the two senatorial offices, however, shall refer to or be taken to refer to the term of that office, nor shall any such identification or designation in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned.

Sec. 6. Election of officers; date; propositions; certification of voting results; proclamation by President.

(a) The joint proclamation of the Governor and the Legislative Assembly of Puerto Rico required by section 5 of this Act shall provide for the holding of a special general election and at such election, the officers required to be elected as provided in section 5 shall be chosen by the people. Such election shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Puerto Rico for the election of members of the proposed State Legislature. The returns thereof shall be made and certified by the State Election Commission in such manner as the constitution of the proposed State of Puerto Rico may prescribe. The Governor and the Legislative Assembly of Puerto Rico shall certify the results of said election, as so ascertained, to the President of the United States.

(b) At an election designated by a joint proclamation of the Governor and the Legislative Assembly of Puerto Rico, which may be either the special general election held pursuant to subsection (a) of this section or another special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, the following propositions:

“(1)  Shall Puerto Rico immediately be admitted into the Union as a State?

“(2) The boundaries of the State of Puerto Rico shall be as    prescribed in section 2 of the Act of Congress approved February 25, 2013, and all claims of this State to any areas of land or sea outside the boundaries so prescribed, if any, are hereby irrevocably relinquished to the United States.

“(3) All provisions of the Act of Congress approved February 25, 2013, reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Puerto Rico under section 4 of this Act, are consented to fully by said State and its people.”

In the event the foregoing propositions are adopted at said election by a majority of the legal votes cast on said State of Puerto Rico, ratified by the people at the election held under the authority of Section 6 (b) of this Act, the present constitution adopted in a referendum held on March 3, 1952 and further ratified by the people in a final referendum on November 4, 1952, shall be deemed amended and revised to (i) include the necessary general revisions to adapt and conform it to the new Status; (ii) include the language contained under section 2 of this Act and in Section 3 of Article I of said constitution in lieu of any other language; (iii) include the language contained under section 4 of this Act; (iv) include  the third proposition above stated in lieu of any other language; (v) insert the words “at which officers for all state elective offices provided for by this constitution and two Senators and five (5) Representatives in Congress shall be nominated and elected” in lieu of any other language; (vi) provide that the officers so to be elected shall, in any event, include two Senators and five Representatives to the Congress; and (vii) provide that, unless and until otherwise required by law, said Representatives shall be elected at  large.

In the event the foregoing propositions are not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall cease to be effective.

The Governor and the Legislative Assembly of Puerto Rico are hereby authorized and directed to take such actions as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of State of Puerto Rico who shall certify the results of the submission to the Governor and the Legislative Assembly of Puerto Rico who shall certify the results of said submission, as so ascertained, to the President of the United States.

(c) If the President shall find that the propositions set forth in the preceding subsection (b) have been duly adopted by the People of Puerto Rico, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 5 of this Act, shall thereupon issue hisProclamation announcing the results of said election as so ascertained. Upon the issuance of said Proclamation by the President, the State of Puerto Ricoshall be deemed admitted into the Union as provided in section 1 of this Act.

Until the said State is so admitted into the Union, the persons holding legislative, executive, and judicial office in, under, or by authority of the government of said Commonwealth, and the Delegate in Congress thereof, shall continue to discharge the duties of their respective offices. Upon the issuance of saidProclamation by the President of the United States and the admission of the State of Puerto Rico into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in, under, or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representatives in the manner required by law, and the said Senators and Representatives shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.

Sec. 7. House of Representatives membership.

The State of Puerto Rico upon its admission into the Union shall be entitled to five Representatives until the taking effect of the next reapportionment, and such Representatives shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., sec. 2a), for the Eighty-third Congress and each Congress thereafter, unless such laws hereby referred to are subsequently amended or changed.

Sec. 8. Judiciary provisions; amendment.

Effective upon the admission of the State of Puerto Rico into the Union :

(a) the United States District Court for the District of Puerto Rico established by and existing under title 28 of the United States Code shall thenceforth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States: Provided, however, That the terms of office of the district judges for the district of Puerto Rico then in office shall terminate upon the effective date of this section and the President, pursuant to sections 133 and 134 of title 28, United States Code, as amended by this Act, shall reappoint all such district judges, as previously adviced and consented to by the Senate, for the said district who shall hold office during good behavior;

(b) the last paragraph of section 133 of title 28, United States Code, is repealed; and

(c) subsection (a) of section 134 of title 28, United States Code, is amended by striking out the words ‘Puerto Rico and’. The second sentence of the same section is amended by striking out the words ‘Puerto Rico and’, ‘six and’, and ‘respectively’.

Sec. 9. Judicial provisions; amendment.

Effective upon the admission of the State of Puerto Rico  into the Union the second paragraph of section 451 of title 28, United States Code, is amended by striking out the words “including the United States District Court for the District of Puerto Rico”’.

Sec. 10. Judicial provisions; amendment.

Effective upon the admission of the State of Puerto Rico  into the Union:

(a) the last paragraph of section 501 of title 28, United States Code, is repealed;

(b) the first sentence of subsection (a) of section 504 of title 28, United States Code, is amended by striking out at the end thereof the words, ‘except in the district of Puerto Rico, where the term shall be six years’;

(c) the first sentence of subsection (c) of section 541 of title 28, United States Code, is amended by striking out at the end thereof the words, ‘except in the district of Puerto Rico where the term shall be six years’; and

(d) subsection (d) of section 541 of title 28, United States Code, is repealed.

Sec. 11. Continuation of suits.

No writ, action, indictment, cause, or proceeding pending in any court of the Commonwealth of Puerto Rico or in the United States District Court for theDistrict of Puerto Rico  shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Puerto Rico, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, indictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law.

All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Puerto Rico  in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Puerto Rico.

Sec. 12. Appeals.

Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Puerto Rico or the Supreme Court of the Territory of Puerto Rico  in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the First Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Puerto Rico or a court of the State, as may be appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Puerto Rico and of the Supreme Court of the State of Puerto Rico as successor to the Supreme Court of the Territory of Puerto Rico , in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the First Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of said State into the Union.

Sec. 13. Judicial and criminal provisions; amendment.

Effective upon the admission of the State of Puerto Rico  into the Union :

(a) title 28, United States Code, section 1252, is amended by striking out ‘Puerto Rico and’ from the clause relating to courts of record;

(b) title 28, United States Code, section 1293, is amended by striking out the words ‘First Circuit’  and by striking out the words, ‘supreme court of Puerto Rico’;

(c) title 28, United States Code, section 1294, as amended, is further amended by striking out paragraph (5) thereof and by renumbering paragraph (6) accordingly;

(d) the first paragraph of section 373 of title 28, United States Code, as amended, is further amended by striking out the words ‘United States District Court for the District of  Puerto Rico’; and by striking out the words ‘and any justice of the Supreme Court of the Territory of Puerto Rico’: Provided, That the amendments made by this subsection shall not affect the rights of any judge or justice who may have retired before the effective date of this subsection: And provided further, That service as a judge of the District Court for the Territory of Puerto Rico or as a judge of the United States District Court for the District of Puerto Rico or as a justice of the Supreme Court of the Territory of Puerto Rico or as a judge of the circuit courts of the Territory of Puerto Rico shall be included in computing under section 371, 372, or 373 of title 28, United States Code, the aggregate years of judicial service of any person who is in office as a district judge for the District of Puerto Rico  on the date of enactment of this Act;

(e) section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words ‘Supreme Courts of Puerto Rico’;

(f) section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words ‘Supreme Courts of Puerto Rico’.

Sec. 14. Laws in effect .

All Territorial laws in force in the Territory of Puerto Rico at the time of its admission into the Union shall continue in force in the State of Puerto Rico, except as modified or changed by this Act or by the constitution of the State, and shall be subject to repeal or amendment by the Legislature of the State of Puerto Rico, and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States: Provided, That, except as herein otherwise provided, a Territorial law enacted by the Congress shall be terminated two years after the date of admission of the State of Puerto Rico into the Union or upon the effective date of any law enacted by the State of Puerto Rico  which amends or repeals it, whichever may occur first. As used in this section, the term ‘Territorial laws’ includes (in addition to laws enacted by the Territorial Legislature of Puerto Rico) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Puerto Rico prior to its admission into the Union, and the term ‘laws of the United States’ includes all laws or parts thereof enacted by the Congress that (1) apply to or within Puerto Rico at the time of its admission into the Union, (2) are not ‘Territorial laws’ as defined in this paragraph, and (3) are not in conflict with any other provision of this Act.

Sec. 15. Puerto Rico National Parks; military and naval lands; civil and criminal jurisdiction.

(a) Notwithstanding the admission of the State of Puerto Rico into the Union, the United States shall continue to have sole and exclusive jurisdiction over the area which may then or thereafter be included in Puerto Rico National Parks, saving, however, to the State of Puerto Rico the same rights as are reserved to the Territory of Puerto Rico by section 1 of the Act of April 19, 1930 (46 Stat. 227), and saving, further, to persons then or thereafter residing within such area the right to vote at all elections held within the political subdivisions where they respectively reside. Upon the admission of said State all references to the Territory of Puerto Rico in said Act or in other laws relating to Puerto Rico National Park shall be deemed to refer to the State of Puerto Rico. Nothing contained in this Act shall be construed to affect the ownership and control by the United States of any lands or other property within Puerto Rico National Park which may now belong to, or which may hereafter be acquired by, the United States.

(b) Notwithstanding the admission of the State of Puerto Rico into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are controlled or owned by the United States and held for Defense or Coast Guard purposes, whether such lands were acquired by cession and transfer to the United States by the Crown of Spain and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Puerto Rico for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That the State of Puerto Rico shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Puerto Rico, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction whatsoever which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for Defense or Coast Guardpurposes: Provided, however, That the United States shall continue to have sole and exclusive jurisdiction over such military installations as have been heretofore or hereafter determined to be critical areas as delineated by the President of the United States and/or the Secretary of Defense.

Sec. 16. Federal Reserve Act; amendment.

The next to last sentence of the first paragraph of section 2 of the Federal Reserve Act (38 Stat. 251) as amended by section 19 of the Act of July 7, 1958, (72 Stat. 339, 350) is amended by inserting after the  words ‘or Hawaii’, the words ‘or Puerto Rico’.

Sec. 17. Maritime matters.

(a) Nothing contained in this Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Puerto Rico and other ports in the United States, or possessions, or as conferring on the Interstate Commerce Commission jurisdiction over transportation by water between any such ports.

(b) Effective on the admission of the State of Puerto Rico into the Union:

(1)  the first sentence of section 506 of the Merchant Marine Act, 1936, as amended (46 U.S.C., sec. 1156), is amended by inserting before the words ‘an island possession or island territory’, the words ‘the State of Puerto Rico, or’;

(2)  section 605(a) of the Merchant Marine Act, 1936, as amended, (46 U.S.C., sec. 1175), is amended by inserting before the words ‘an island possession or island territory’, the words ‘the State of Puerto Rico, or’; and

(3)  the second paragraph of section 714 of the Merchant Marine Act, 1936, as amended, (46 U.S.C., sec. 1204), is amended by inserting before the words ‘an island possession or island territory’ the words ‘the State of Puerto Rico, or’. (As amended Pub. L. 86-624, § 46, July 12, 1960, 74 Stat. 423.)

Sec. 18. United States Nationality.

Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, or restore nationality heretofore lost under any law of the United States or under any treaty to which the United States is or was a party.

Sec. 19. Immigration and Nationality Act; amendments.

(a) Section 101(a)(36) of the Immigration and Nationality Act (66 Stat, 170, B U.S.C., sec. 1101(a)(36)) is amended by deleting the words ‘Puerto Rico’.

(b) Section 212(d)(7) of the Immigration and Nationality Act (66 Stat, 188, 8 U.S.C. 1182 (d) (7) is amended by deleting from the first sentence thereof the words ‘Puerto Rico,’ and by deleting the proviso to said first sentence.

(c) The first sentence of section 310(a) of the Immigration and Nationality Act, as amended (66 Stat, 239, 8 U.S.C. 1421 (a), 72 Stat. 351) is further amended by deleting the words ‘for the Territory of Puerto Rico, and

(d) Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 302 of the Immigration and Nationality Act (66 Stat, 237, 8 U.S.C. 1402).

Sec. 20. Aircraft purchase loans.

Effective upon the admission of the State of Puerto Rico into the Union, section 3, subsection (b), of the Act of September 7, 1957 (71 Stat, 629), is amended by substituting the words ‘State of Puerto Rico’ for the words ‘Territory of Puerto Rico’.

Sec. 21. Severability clause.

If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof in any circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word in other circumstances shall not be affected thereby.

Sec. 22. Repeal of inconsistent laws.

All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the Legislature of said Territory or by Congress, are hereby repealed, specifically including the Jones Act of 1917, as amended, presently known as “The Federal Relations Act with Puerto Rico”, and any existing law derived from the authority of such federal legilation.

                           END

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   Proposed Non-Official DRAFT – Working Draft

                PROCLAMATION BY THE PRESIDENT OF THE                                

                                UNITED STATES OF AMERICA

         ADMISSION OF THE TERRITORY OF PUERTO RICO AS

                                      A STATE OF THE UNION

Puerto Rico is hereby admitted into the Union, effective on July 25, 2013, on issuance of Proc. No. XXXX dated July 15, 2013, XX F.R. XXXX,  XX Stat. XX, as required by Sections 2 and 7(c) of P.L. 2013-XXXX of February 25, 2013, XX Stat. XX, set out below.

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Proc. No. XXXX Admission of the State of Puerto Rico into the Union

Proclamation No. XXXX, July 25, 2013,  XX F.R. XXXX, XX Star. XX, provided:

WHEREAS, the Congress of the United States by the Act approved on February 25, 2013 (XX Sta. XX) (set out above), accepted, ratified, and confirmed the Constitution adopted by a vote of the People of Puerto Rico in an election held on November 4, 1952, subject to minor modifications to conform it to a State Constitution, and also provided for the admission of the State of Puerto Rico into the Union on an equal footing with the other States upon compliance with certain procedural requirements specified in that Act ; and

WHEREAS, it appears from the information before me that a majority of the legal votes cast at an election held on June 15, 2013, were in favor of each of the propositions required to be submitted to the people of Puerto Rico by section 6(b) of the Act of February 25, 2013 (set out above); and

WHEREAS, it further appears from information before me that a special general election was held on June 15, 2013, and that the returns of such special general election were made and certified as provided in the Act of February 25, 2013 (set out above); and

WHEREAS,  the Governor and the Legislative Assembly of Puerto Rico has certified to me the results of the submission to the People of Puerto Rico of the three (3) propositions set forth in Section 6(b) of the Act of February 25, 2013 (set out above), and the results of the general election held on June 15, 2013; and

WHEREAS, I find and announce that the People of Puerto Rico have duly adopted the propositions required to be submitted to them by the Act of February 25, 2013 (set out above), and have duly elected the officers required to be elected by that Act:

NOW, THEREFORE, I, BARACK H. OBAMA, President of the United States of America, do hereby declare and proclaim that the procedural requirements imposed by the Congress on the State of Puerto Rico to entitle that State to admission into the Union, have been complied with in all respects and that admission of the State of Puerto Rico into the Union on an equal footing with the other States of the Union is now accomplished.

IN WITNESS WHEREOF, I  have  hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE  at  the  City of Washington, DC  at  2:00 P M (E.S.T.)  on  this  Tuenty Fifth day of July in the year of our Lord two thounsand thirteen (2013), and of the Independence of the United States of America  the  two  hundreds  and  thirty-four (237).

                                                  BARACK H. OBAMA

===========================================================

Draft Prepared in 2004 (Now Revised on 11/11/12)

(Based on the Proclamation for Hawaii in 1959)

By: Angel L Castro, CPA

President

United Citizens for Equality Now, Inc. (UCEN GROUP)

*******************************

 Proposed Non-Official DRAFT – Working Draft

Pledge to vote

September 15, 2012

BY ANGEL L CASTRO, CPA

IN REPLY TO E-MAIL RECEIVED FROM

FIRST LADY, HON MRS MICHELLE OBAMA

===================================================================

(E-MAIL FROM HON MICHELLE OBAMA TO ME DATED 9/11/12)

^{Friend —
I know we’ve been asking a lot from you lately. What I’m asking today is easy- but critical if we want to win this election.
Please take a moment to commit to vote this fall, and get at least one other person to do the same.
In a matter of days, voting will have already started in some states, and I just want to know that you plan to do your part to make sure Barack gets four more years to move this country forward.
Please say that you’ll vote, and get others to join you.
We know what’s at stake this year. And if each of us makes the commitment to vote now and gets others excited about doing the same, we’ll be one step closer to winning this election.
So check your registration, pledge to vote this year, and then get your friends and family to do the same:
http://my.barackobama.com/Commit-to-Vote
Thanks for all you do,
Michelle
==================================================================}

MY REPLY TO HON  FIRST LADY MICHELLE

DEAR AND HON FIRST LADY MICHELLE OBAMA:

I WILL BE VERY GLAD TO HELP PRESIDENT OBAMA IN HIS CAMPAIGN, AS I DID IN 2008, EVEN WHEN I AM STILL RESIDING IN PUERTO RICO WITH MY COMMITMENTS WITH MY STATE-TO-BE, AND STILL UNABLE TO VOTE FOR THE PRESIDENT. HOWEVER, I HAVE MY VOTING REPRESENTATION IN MY FIVE (5) CHILDREN, AND THEIR FAMILIES, LIVING IN ORLANDO, FLORIDA AND LOS ANGELES, CALIFORNIA.

BUT, HON MICHELLE, I JUST CAN NOT ACCEPT THE POSITION TAKEN, AS I UNDERSTAND, BY PRES OBAMA IN REGARG TO ACCEPTING THE CURRENT PR TERRITORIAL POLITICAL STATUS AS A POSSIBLE “CHOICE” FOR PUERTO RICO (MY STATE-TO-BE) FOR FINALLY SOLVING THE “STATUS DILEMA” WE HAVE BEEN DEALING WITH FOR SOME114 YEARS SINCE 1898.

MR PRESIDENT HAS BEEN SOMEWHAT PROMISING THIS “CHOICE” TO THE LOCAL PPD PARTY PEOPLE WHO ARE DEFENDING THE TERRITORIAL PRESENT CONDITION THAT IS THE REASON FOR PUERTO RICO TO REMAIN ALWAYS (FOR THE 114 YEARS OF OUR RELATIONSHIP) MORE THAN 50% BEHIND THE POOREST STATES OF THE UNION. (MISSISSIPPI AND LOUSIANA). AND HE PROMISED US TO SOLVE OUR SITUATION DURING HIS FIRST TERM AS PRESIDENT. BUT WE ARE WILLING TO GIVE HIM HIS SECOND CHANCE.

DEAR HON MICHELLE, THIS “CHOICE” IS JUST SIMILAR TO HAVING ALLOWED THE «SLAVES» IN USA TO HAVE CHOSEN TO REMAIN AS «SLAVES» WHEN THE «ABOLITION OF SLAVERY» WAS BEING CONSIDERED IN OUR USA NATION, JUST TO KEEP THE OPPORTUNITY OF NOT LOOSING THE «FOOD OF MOUTH» THEY WERE THEN RECEIVING FROM THEIR «MASTER-OWNERS».

THIS WOULD HAVE BEEN A “NATIONAL SHAME” FOR OUR USA NATION, BUT IT DID NOT HAPPEN, SINCE THERE WAS NOT SUCH A “CHOICE”. THIS  SAME “NATIONAL SHAME”WOULD OCCUR IF OUR «114-YEARS-OLD TERRITORIAL SHAMEFUL CONDITION» IS JUST ALLOWED TO

BE A «CHOICE» FOR FINALLY SOLVING OUR LONG POLITICAL DILEMA TO CHOOSE A “PERMANENT SELF-GOVERNMENT STATUS» WITHIN OUR USA NATION IN “EQUAL FOOTING”WITH THE OTHER 50 STATES OF OUR FEDERAL UNION.

^{AS I WAS TOLD IN KOREA BY MY COMMANDING OFFICER… “in war and in peace, a ‘Hero’ may always appear.”}

^{Well, Justice Harlan, of the US Supreme Court, appeared as a real “HERO» in the case of Downes v. Bidwell, 182 U.S. 244 (1901) in 1901, and in his dissenting opinion, said:}

^{“The idea that this country may acquire territories anywhere upon the earth, by conquest or treaty, and hold them as mere colonies or provinces-the people inhabiting them to enjoy only those rights as Congress chooses to accord to them-is wholly inconsistent with the spirit and genius, as well as the words, of the Constitution.”}

^{(¡¡¡¡¡ GOOD FOR YOU…, JUSTICE HARLAN…!!!!!)}

I WILL BE GLAD TO HELP PRESIDENT OBAMA WITH ALL HISPANICS IN FLORIDA, NEW YORK, OHIO, PENN, MASS, NEW JERSEY, CONN., CALIFORNIA, CHICAGO AND OTHER AREASAND I AM DOING SO RIGHT NOW, BUT US IN PUERTO RCO, MY CHILDREN AND THEIR FAMILIES IN FLORIDA, OHIO AND LOS ANGELES AND, I AM SURE, ALL THE OTHER FRIENDS IN OUR NATION, WILL EXPECT THE PRESIDENT TO SUPPORT ONLY “NON-TERRITORIAL CHOICES” FOR OUR POLITICAL FUTURE, AS PROPOSED BY THE UNITED NATIONS ORGANIZATION» (UNO) IN RESOLUTION 1541(XV) OF DECEMBER 15, 1960, APPROVED ALSO BY USA,  AND WHICH WASCOMMITTED TO THE UNO AND TO PUERTO RICO BY OUR USA NATION IN 1960. (PLEASE SEE THE 1998 CONGRESS RESEARCH SERVICE (CRS) REPORT TO CONGRESS IN REGARD TO THE PUERTO RICO STATUS DILEMA).

^{For President Obama and Hon Michelle}

^{Just a little share of}

^{PUERTO RICO’S STATUS HISTORY– This is a little share of our Political History:}

^{Our US Nation and the US Congress should recognize that it is fully aware of the following historical facts and events relating to Puerto Rico:}

          ^{(1) The history of Puerto Rico’s legal and political status and the role of the Caribbean Area has been very important in American history. During the age ofEuropean Discovery and Colonialism, and later in the Revolutionary period when the American political culture was born, Puerto Rico and the Caribbean Islandswere geographically, economically and politically an integral part of the North American experience.}                                                                                                    

^{Our US Nation and the US Congress should recognize that it is fully aware of the following historical facts and events relating to Puerto Rico:}

          ^{(1) The history of Puerto Rico’s legal and political status and the role of the Caribbean Area has been very important in American history. During the age ofEuropean Discovery and Colonialism, and later in the Revolutionary period when the American political culture was born, Puerto Rico and the Caribbean Islandswere geographically, economically and politically an integral part of the North American experience. Puerto Rico was one was one of Christopher Columbus’ landfalls, and thus was an important part of the European discovery and exploration of the New World. Juan Ponce de Leon, the European discoverer of Florida, was the firstSpanish Governor of Puerto Rico. Alexander Hamilton – who was «Aide de Camp» to General George Washington during the Revolutionary War and collaborator with Madison in The Federalist  Papers and at the Constitutional Convention in Philadelphia, as well as the first Secretary of the Treasury of the United States – was born and raised in the Virgin Islands adjacent to Puerto Rico. Although the Spanish American War was decided on Cuban soil, by July 1898 the progress of the war made the time right for the U.S. occupation of Spanish-ruled Puerto Rico on July 25, 1898. An Armistice was signed by the Belligerents on August 12, 1898 and after securing Puerto Rico, U.S. Military Forces evacuated the Spanish Governor-General on October 18, 1898. At that time, Major General Nelson A. Miles, Commanding Officer of the invading US Forces (on behalf of then President William McKindley), issued a Proclamation to the People of Puerto Rico, informing them, among other things, that…}

^{«We have not come to make war on the people of a country that for several centuries has been oppressed, but, on the contrary, to bring protection, not only to yourselves but to}

^{your property, to promote your prosperity, and to bestow upon you the immunities and blessings of the liberal institutions of our government.»}

     ^{(2) What we in Puerto Rico want to finally accomplish, on which I am personally committed, will be the most significant accomplishment in over 114 years for the purpose of USA finally delivering on the promise of General Miles’ Pronouncement (on behalf of then President William McKinley), by finally offering the options forEquality and Full Self-Government to the People of Puerto Rico in “Equal Footing” with the other Brother States of the Federal Union.}

^{(3)  Puerto Rico was occupied by the United States during the Spanish-American War and was officially ceded to the United States by the Kingdom of Spainunder the Treaty of Peace ending the Spanish-American War, finally signed at Paris, France on December 10, 1898, and proclaimed by Congress on April 11, 1899 (hereafter referred to as the Treaty of Paris).}

^{(4) Consistent with:}

        ^{a) the Powers of Congress conferred by Article IV, Section 3, Clause 2, First Sentence of the U.S. Constitution (normally referred to as the Territorial Clause), which reads as follows:… “The US Congress may dispose of, or promulgate all the necessary rules and regulations in relation with, the territory or any property belonging to the United States»,}

               ^{b) following Article IX of the Treaty of Paris which provided that…“the civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress», and}

             ^{c) following long-established U.S. Constitutional practice with respect to administration of territories which come under U.S. sovereignty but are not yet fully incorporated into the Union…, Congress exercised its territorial powers and carried out its role under Article IX of the Treaty of Paris, by providing for a civilian government and defining the status of the residents of Puerto Rico under the Foraker Act (Act of April 12, 1900, c.191. 31 Stat. 77), as “US Nationals”.} 

^{Insular Cases}

^{(5) Shortly thereafter, the US Supreme Court ruled that Puerto Rico and the other territories ceded under the Treaty of Paris, had the status of«unincorporated territories» subject to the plenary authority of the U.S. Congress under the Territorial Clause, and that the Constitution and laws of the United States would apply in such U.S. possessions as determined  by Congress. Downes v. Bidwell. 182 U.S. 244 (1901); Dorr v. United States, 195 U.S. 138 (1904).}

   ^{(6) In this regard we believe that, under the US Constitution, Puerto Rico is, and has always plainly been, just a “US Territory” under the US Sovereigntyand subject to the Authority and Plenary Powers of the US Congress as provided by Article IV, Section 3, 2nd Sentence of the US Constitution, and Congresscannot renounce such constitutional obligation. This is so since the Treaty of Paris, signed on December 10, 1898, was ratified by the US Congress on April 11, 1899, and up to the present. The non-sense of the “unincorporated v. incorporated” territory theory is not contemplated by the US Constitution. The US Supreme Court decisions on this matter under the so-called “Insular Cases” were not “interpretations” of the US Constitution. They were rather, “changes” to theUS Constitution and such “changes” can be made only through “amending” such Constitution.}

^{Incorporated  Vs Unincorporated Territories}

  ^{(7) In De Lima v. Bidwell, 182 US 1 (1901), the US Supreme Court held that Puerto Rico became a ‘US Territory’ as soon as the Treaty of Paris was ratified by the US Congress, (April 11, 1899), and that  no specific additional federal law was necessary for such an accomplishment. In the same year, in Downes v. Bidwell, 182 US 244 (1901), the same Court decided, just after the Foraker Act was enacted, that Puerto Rico was a “foreign country”, something it had never been since Cristopher Columbus ‘discovered’ the Island in 1493. Justice White used some ‘express powers’ provided by the Constitution to conclude that there was “little base” to support the principle of “immediate  incorporation” that was being considered in Downes.}

       ^{Justice White  said  that:}

^{“When  the different treaties under which territories have been acquired, are considered under their surrounding circunstances, it become clear that the power of making treaties was always separate from the authority to incorporate territories to the United States without the ‘express‘ or ‘implied‘ consent of Congress, and that he had never imagined a single doubt to the contrary”.}

^{Justices White, Shiras and McKenna  concluded  that:}

^{“The uniformity clause of the Constitution did not apply in regard to Puerto Rico”.}

^{and Justice Gray said that…}

            ^{“ while Congress does not incorporate a particular territory to the United States, ‘neither the military occupation nor the acquisition by treaty’ convert such acquired territory into a ‘domestic territory’. Instead, the laws relative to ‘foreign countries’ continue to be applicable to the acquired territory until Congress disposes otherwise”.}

  ^{(¡¡¡¡¡ HOW CONVENIENT…, AND UNFAIR, JUSTICE GRAY…!!!!!)}   

^{But as I was told in Korea during the War, by my Commanding Officer…“in war and in peace, a ‘Hero’ may always appear.”}

^{And Justice Harlan, appeared as a real “HERO» and in his dissenting opinion, said:}

                    ^{“The idea that this country may acquire territories anywhere upon the earth, by conquest or treaty, and hold them as mere colonies or provinces – the people inhabiting them to enjoy only those rights as Congress chooses to accord to them- is wholly inconsistent with the spirit and genius, as well as the words, of the Constitution.”}

^{Just “Palabras con Luz”, as we say in Puerto Rico.}

^{(¡¡¡¡¡ GOOD FOR YOU…, JUSTICE HARLAN…!!!!!)}

        ^{¡¡¡HOW AMBIVALENT WERE SOME  OF THESE JUDGES BACK THEN IN THOSE RACIAL-ORIENTED YEARS!!! OR WERE THEY JUST PLAYING WITH  THE HUMAN SENTIMENTS???}

    ^{These comments and conclusions were expressed  in 1901 just after the Foraker Act had been enacted in April 1900, the Treaty of Paris had been  ratifiedone year earlier in April 1899 and the residents of Puerto Rico were not yet US Citizens . We might understand if they were ‘justified’ or ‘correct’ then, but they definitely are not ‘justified’ or ‘correct’ today, even if some judges might still feel the same way today. In any event, there has been more than sufficient, powerfulland strong actions carried out by Congress in over a century (114 years today) in regard to Puerto Rico to have complied with the “incorporation theory”, ifnecessary, either by ‘expressed‘ or ‘implied‘ consent,  if we want to satisfy Justice White.}

      ^{¡¡¡WE WONDER WHAT A CURRENT JUDGE OF THE US SUPREME COURT WOULD THINK ABOUT THE ACCOMMODATING THINKING OF SOME OF THEIR COUNTERPARTS AT THE BEGINNING OF THE CENTURY…!!!} 

             ^{(8) In 1896, the US Supreme Court established  the “doctrine” of “Separate but Equal” in the case of Plessy v. Ferguson, 163 US 537 (1896),  in support of race segregation. It was wrong then, and the same Court revoked the “doctrine” in 1954 in Brown v. Board of Education, 347 US 483 (1954). A similarrevocation should be forthcoming to revoke the theory of “unincorporated” v. “incorporated” territory, also as an improper “doctrine” of “Separate and Unequal”established under Downes v. Bidwell, supra,  when it is to be applied to US Citizens.}

^{Puerto Rico is Already Incorporated, to Satisfy Justice White, and Operates as a “DE FACTO” Stat}

               ^{(9) In any event, Congress should also recognize the strong developments in democratic political self-goverment in internal affairs in Puerto Rico since1900 under the Foraker Act; the Jones Act of 1917; Act 362 of 1947 for the election of the Governor since 1948; the application in Puerto Rico of Section 2, Article IV of the US Constitution in regard to the Rights, Privileges and Immunities of US Citizens as if Puerto Rico were a State of the Union, under Act 362 of 1947; the authorization to adopt a local Constitution by Act 600 of 1950 similar and equivalent to a State of the Union; the final approval and adoption of such Constitution in 1952; the 114 years under the US Sovereignty; the US Citizenship for 95 years since 1917; the participation in defending the Nation in all the Wars since the beginning of the 20th Century, including WW I, WW II, Korea, Vietnan, Gulf, Afghanistan, Somalia, Irak and all other conflicts to date; the over 4,000,000 millions US citizens of Puerto Rico descend living in the Mainland and commingling “back and forth” with almost another 4,000,000 millions US citizens living in the Island;our contributions to the Nation in matters like history, culture, sports, music, arts, artists, politic, technology, including the NASA and Astronauts, judicial system at ALL levels, defense and other compliance with the responsibilities and obligations of Citizenship.}

^{This brief summary of the history of Puerto Rico and all the ‘explicit‘, ‘express‘ or ‘implied‘ actions taken by Congress with regard to the Island during the long time of 114 years, makes Puerto Rico more «incorporated» to the Nation than any other similar jurisdiction under the US Flag.} 

^{(10) Puerto Rico is in fact operating as a  “De Facto” State and the only pending step is for the US Congress to complete the process for the Territory to choose, and the US Congress to finally admit, the Territory as a “Full State» of the Union without any further delays or conditions. Finally, the “Caribbean Sun State” will join our USA Nation for everybody to enjoy:}

       ^{“The PARADISE…in the Caribbean”.}

       ^{(11) We all also recognize that there are other citizens (a small minority of the population) that prefer other political solutions to the final status problem of theIsland and that the United Nations Organization (UNO), to which the United States also belongs, under its Resolution 1541 (XV) of December 15, 1960, also provide for other alternatives.  But a substantial majority of the population support the Full State Choice.}

ANGEL L CASTRO, CPA

KOREAN WAR VETERAN

9/15/12

AA- CUSS- HON MICHELLE MESSAGE REPLY

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Special Report to US Congress and the White House on Puerto Rico Political Status Solution ==========

United Citizens for Equality Now, Inc. (UCEN GROUP)

By: Angel L Castro,

CPA President Up Dated: November 25, 2012

SPECIAL REPORT TO US CONGRESS AND WHITE HO– USE IN SUPPORT OF ENABLING ADMISSION ACT OF PUERTO RICO AS STATE 51 OF THE UNION By:

Angel L Castro,

CPA President United Citizens for Equality Now, Inc. Updated November 25, 2012

Purpose, Background and History

1. A.  Purpose – The Congress, having received over a period of time substantial quantities of petitions of US citizens residents of the Island for granting Statehood to Puerto Rico, each one signed individually, should recognize that a solid, strong and genuine political relationship has been accomplished between the two peoples since the acquisition of the Island in 1898 from Spain. We agree with the recognition of Congress in the past that a permanent political union with the United States with complete constitutional representation can be accomplished only with Statehood and the Congress should understand the desires of the US citizens that compose the People of Puerto Rico, expressed in those petitions and in many other expressions, to seek the incorporation of our territory into the Union as a State in equal footings with the other states, in order to obtain and enjoy fully all the political and constitutional rights that the Nation provides to its citizens, while retaining its identity as the “People of Puerto Rico” and its cultural patrimony as a contribution to the Nation as a State. This can easily be accomplished because the Island has been, and presently is being treated, in fact, as a “De Facto” State of the Union in every respect, except for voting and proportional representation in Congress and voting for the President and Vice President of the Nation. There are also other citizens (a small minority of no more than about 5% normally reflected in elections, polls and consulting events) that prefer to separate themselves and establish a Separate Republic, ‘absolute’ or with a ‘US Treaty of Cooperation’.

B. Background – The Congress should recognize that i t is and has been fully aware of the following facts and events  .

(1) There have been States admitted to the Union only after the inhabitants of the proposed state have asked for Statehood by a mayority of the votes, with insignificant exceptions;

(2) The US citizens that are residents of Puerto Rico have been consulted in the past only in three (3) occasions (1967, 1993 and 1998) for determining by themselves if they want to be admitted to the Union as a State, but such local processes were not fully and properly informed;

(3) In the local Plebiscite of 1967, the present territorial structure, that also supports the “Permanent Union” with the United States but with a territorial relationship, obtained almost 60% and the Statehood obtained almost 40% of the votes casted. The Independence did not participate.

(4) In 1993, the present territorial structure, which we understand was not, in fact, supported by anyone if it was to be maintained with a colonial and territorial relationship, was not presented as an option for voting. A ‘sovereignty’ version was presented equivalent to an Associated Republic but with a “Dream Wish List» of ‘perks’ that were clearly not feasible, not viable and not obtainable as was, in fact, determined and confirmed thereafter by the Congress. This ‘Dreamed Perks’ version, babtized in the campaign by the PDP as “The Best of Two Worlds”, obtained 48% of the casted votes. The Statehood obtained 47% and the Independence obtained 5% of the casted votes.

(5) In 1998, the present territorial structure was included in the voting and obtained less than 1% of the votes, the Associated Republic was also presented and also obtained less than 1%, the Independence obtained 5% and the Statehood obtained 94% of all the votes casted in favor of the ‘status’ options. However, for several reasons, some of which unrelated to the Status matter of the Plebiscite, a substantial quantity of votes were casted in favor of a confusing and nonsense empty option in a fifth column called «none of the above», that when included in the total votes, diluted the votes for Statehood to 47%.

(6) In 2007, we wanted to hold a “Yes” or “No” Referendum for the US Citizens that constitute the People of Puerto Rico to vote for requesting from Congress to authorize a process to vote in another Plebiscite, this time authorized by Congress, for the People to choose from viable non-colonial and non-territorial final political status Formulas or Alternatives as determined, defined and approved by Congress. The local Legislature “unanimously” approved such Referendum but the Governor, after committing before hand to sign the bill, decided to veto the bill in a very unusual action and going against his own commitment, his own party and the other two political parties. It was expected that the “Yes” vote in such Referendum would have been from 85% to 90% of the total casted votes. At this point, we want to proceed with the process to hold the Plebiscite to choose among the Alternatives provided by the United Nations Organization (UNO) under its Resolution 1541(XV) of December 15, 1960 which was also approved by the United States, but it was not locally approved. We understand that a US Commitment in this regard presently exists with the UNO and with Puerto Rico to grant to the US Citizens living in Puerto Rico, any of such viable and non-territorial and non-colonial final political status Formulas or Alternatives that the People choose by a majority of the casted votes in a fully democratic and informed process of selfdetermination.

(7) As US citizens since 1917, and following the last Report of the Presidential Task Force on the Puerto Rico Status dated May 2, 2011, the US citizens of Puerto Rico decided to carry out a properly informed and democratic Plebiscite to express themselves again about the present territorial status and whether to select admission to the Union as a state (or other alternatives), but in an objective, democratic and properly informed process to solve in a definite manner, the final status of the Island to obtain the Full Self- Government among and non-territorial and non-colonial viable alternatives under the US constitutional system and the principles of International Law. This process was carried out on November 6, 2012 and the results are presented below.

ANALYSIS OF THE VOTES IN THE PLEBISCITE ON STATUS AND ITS IMPLICATIONS NOVEMBER 6, 2012 QUANTITY PER CENT TOTAL REGISTERED VOTERS 2,387,759 100 T0TAL PARTICIPATION IN GENERAL ELECTION 1,847,441 77 QUESTION 1 (Q-1): (SEE COPY OF BALLOT ATTACHED) VOTES “NO” 958,915 54 VOTES “YES” 816,978 46 TOTAL VOTES CASTED FOR Q-1 1,775,893 100 TOTAL VOTERS PARTICIPATION 1,847,441 100 TOTAL PARTICIPATION IN Q-1 1,775,896 96 ================================================== QUESTION 2 (Q-2): (SEE COPY OF BALLOT ATTACHED) VOTES STATEHOOD 824,195 61 VOTES SOVEREIGN FREE ASSOCIATION 449,679 33 VOTES INDEPENDENCE 74,812 06 PARTICIPATION IN Q-2 (VOTES CASTED) 1,348,686 100 TOTAL PARTICIPATION – GENERAL ELECTION 1,847,441 100 TOTAL PARTICIPATION IN Q-2 1,348,686 73 TOTAL VOTES CASTED IN Q-1 1,775,896 100 TOTAL VOTES CASTED IN Q-2 1,348,686 76

BALLOTS CASTED FOR ‘YES’ IN Q-1 NOT CASTED IN Q-2 AND LEFT AS BALLOTS IN BLANK FOR Q-2 427,210 24 THE LEGAL JURISPRUDENCE IN EFFECT IN PUERTO RICO, PROVIDES THAT BALLOTS LEFT IN BLANK ARE NOT TO BE COUNTED FOR ANY PURPOSES. HOWEVER, THESE VOTERS DEFEND THE PRESENT TERRITORIAL STATUS, WHO WERE SPECIFICALLY INSTRUCTED BY THEIR POLITICAL PARTY (THE PDP PRESIDENT(AGP) AND THE PDP’S BOARD OF DIRECTORS), TO VOTE “YES” IN Q-I AND LEAVE Q-2 IN BLANK. SO, THE MOST LOGICAL THINKING HERE IS THAT THESE VOTERS ACTUALLY FOLLOWED THE SPECIFIC INSTRUCTIONS GIVEN BY THEIR PDP PRESIDENT AND THE PDP’S BOARD, AND THIS WAS WHAT THEY ACTUALLY DID. SO, WE CAN CONCLUDE THAT THESE VOTERS (THAT LEFT THE BALLOTS IN BLANK ON Q-2), BY BEING IN FAVOR OF THE PRESENT TERRITORIAL STATUS, ARE ALL DEFENDERS OF THE “PERMANENT UNION” WITH USA AND, THEREFORE, IN THE NEXT REFERENDUM TO BE HELD LATER TO APPROVE THE ADMISSION FINAL LEGISLATION, WHEN THE PRESENT TERRITORIAL STATUS WILL NOT BE IN THE BALLOTS, AND THE “PERMANENT UNION” WILL BE WITHIN THE STATEHOOD STATUS, THEY WOULD ALL VOTE FOR THE USA STATE 51, THEREFORE INCREASING THE VOTE FOR STATEHOOD TO 85% (61% NOW PLUS THE ADDITIONAL BLANK BALLOTS OF 24%).

ALSO, IF SUCH BLANK BALLOTS WERE TO BE COUNTED FOR THIS PLEBISCITE AS “CASTED VOTES”, (WHICH AS STATED ABOVE, IS AGAINST THE LEGAL JURISPRUDENCE IN EFFECT IN PUERTO RICO TODAY), ALL THE VOTES WOULD HAVE LOGICALLY GONE TO INCREASE THE STATEHOOD VOTES. AFTER A PERIOD OF OVER 114 YEARS AS “USA NATIONALS” AND 95 YEARS AS FULL US CITIZENS SINCE 1917, WE WOULD LIKE THIS PROCESS TO BE CARRIED OUT ON A ”FAST TRACK” BASIS AND WE ARE PLANNING TO RECEIVE THE PRESIDENTIAL PROCLAMATION ADMITTING OUR USA STATE 51 OF THE FEDERAL UNION, IN THE NEXT ANNIVERSARY OF JOINING THE USA NATION IN 1898, AND ALSO THE ANNIVERSARY OF OUR CONSTITUTION, ON JULY 25, 2013.

OUR PEOPLE, COMPOSED OF FULL US CITIZENS, BY A SOLID VOTING MARGIN, REJECTED THE PRESENT TERRITORIAL STATUS BY 54% OF THE VOTES AND SELECTED ONE OF THE THREE NON-TERRITORIAL CHOICES ACCEPTED UNDER US CONSTITUTIONAL LAW AND UNDER RESOLUTION 1541(XV) OF THE UNITED NATIONS ORGANIZATION (UNO), AS FULL SELF-GOVERNMENT STATUS OPTIONS. OUR PEOPLE CHOSE “STATEHOOD” AS SUCH OPTION, AS EXPECTED, BY A SUPER-MAYORITY OF 61% OF THE VOTES. THEREFORE, WE WILL BE HONORED TO PROUDLY JOIN THE PRESENT 50 STATES AS STATE 51 OF OUR NATION. IN REGARD TO POPULATION, ALL TOGETHER WE ARE ABOUT 8,200,000 US CITIZENS, BUT THERE ARE ABOUT 4,500,000 SPREAD IN THE MAINLAND, MOSTLY IN FLORIDA, TEXAS, CHICAGO, OHIO, IDAHO, NEW YORK, PENN, MASS, CONN, NEW JERSEY AND OTHER AREAS IN THE EAST COAST AND COMINGLING BACK AND FORTH WITH THE REMAINING SOME 3,700,000 IN PUERTO RICO.

C. History – The Congress should also recognize that it is fully aware of the following historical facts and events relating to Puerto Rico:

(1) The history of Puerto Rico’s legal and political status and the role of the Caribbean Area has been very important in American history. During the age of European Discovery and Colonialism, and later in the Revolutionary period when the American political culture was born, Puerto Rico and the Caribbean Islands were geographically, economically and politically an integral part of the North American experience. Puerto Rico was one of Christopher Columbus’ landfalls, and thus was an important part of the European discovery and exploration of the New World. Juan Ponce de Leon, the European discoverer of Florida, was the first Spanish Governor of Puerto Rico. Alexander Hamilton – who was «Aide de Camp» to General George Washington during the Revolutionary War and collaborator with Madison in The Federalist Papers and at the Constitutional Convention in Philadelphia, as well as the first Secretary of the Treasury of the United States – was born and raised in the Virgin Islands adjacent to Puerto Rico. Although the Spanish American War was decided on Cuban soil, by July 1898 the progress of the war made the time right for the U.S. occupation of Spanish-ruled Puerto Rico on July 25, 1898. An Armistice was signed by the Belligerents on August 12, 1898 and after securing Puerto Rico, U.S. forces evacuated the Spanish Governor-General on October 18, 1898. At that time, Major General Nelson A. Miles, Commanding Officer of the invading US forces (on behalf of then President William McKindley), issued a Proclamation to the People of Puerto Rico, informing them, among other things, that…

«We have not come to make war on the people of a country that for several centuries has been oppressed, but, on the contrary, to bring protection, not only to yourselves but to your property, to promote your prosperity, and to bestow upon you the immunities and blessings of the liberal institutions of our government. «

The process herein requested, and passing appropriate legislation accordingly, will be the most significant action taken and enacted by Congress in over 114 years for the purpose of delivering on the promise of General Miles’ Pronouncement (on behalf of then President William McKinley), by finally offering the options for full self-government to the People of Puerto Rico.

(2) Puerto Rico was conquered and occupied, voluntarily and without any resistance on our part, by the United States during the Spanish-American War. In fact, the US Troops were accompanied by several exiled PR Professionals living in New York at that time and were received early in the morning of July 25, 1898 by local residents with local food and flowers in the Guánica Bay Beach in the South-East Coast of the Island. It was then officially transferred to the United States by the Kingdom of Spain under the Treaty of Peace ending the Spanish- American War, finally signed in Paris, France on December 10, 1898, and proclaimed by the US Congress on April 11, 1899 (hereafter referred to as the Treaty of Paris). The Island was, in fact, acquired by “voluntary conquest” and not by “boot of war”, as some people sometimes say.

(3) Consistent with the powers of Congress conferred by Article IV, Section 3, Clause 2, First Sentence, of the U.S. Constitution (normally referred to as the Territorial Clause), which reads as follows:…

“The US Congress may dispose of, or promulgate all the necessary rules and regulations in relation with, the territory or any property belonging to the United States» and, Article IX of the Treaty of Paris which provided that…

“the civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress», as well as long-established U.S. Constitutional practice with respect to administration of territories which come under U.S. sovereignty but are not yet fully incorporated into the Union, Congress exercised its territorial powers and carried out its role under Article IX of the Treaty of Paris, by providing for a civilian government for the Island as US Nationals and defining the status of the residents of Puerto Rico as “US Nationals” under the Foraker Act (Act of April 12, 1900, c.191. 31 Stat. 77), which came into effect in 1900.

Effects of the So-Called Insular Cases

(4) Shortly thereafter in 1901, the US Supreme Court ruled that Puerto Rico and the other territories ceded to USA under the Treay of Paris, had the ‘status’ of «unincorporated territories» subject to the plenary authority of the U.S. Congress under the Territorial Clause of the Constitution , and that the Constitution and laws of the United States would apply in such U.S. possessions as determined by Congress. Downes v. Bidwell. 182 U.S. 244 (1901); Dorr v. United States, 195 U.S. 138 (1904).

(5). In this regard we believe that, under the US Constitution, Puerto Rico is, and has always been, plainly just a “US Territory” under the US Sovereignty and subject to the Authority and Plenary Powers of the US Congress as provided by Article IV, Section 3, 2nd Sentence, of the US Constitution and Congress cannot renounce such constitutional obligation. This is so since the Treaty of Paris, signed on December 10, 1898, was ratified by the US Congress on April 11, 1899, and up to the present. The nonsense of the “unincorporated v. incorporated” territory theory is not contemplated by the US Constitution. The US Supreme Court decisions on this matter under the so-called “Insular Cases” were not “interpretations” of the US Constitution. They were rather, “changes” to the US Constitution and such “changes” can be made only through “amending” such Constitution.

Incorporated Vs Unincorporated Territories

(6) In De Lima v. Bidwell, 182 US 1 (1901), the US Supreme Court held that Puerto Rico became a ‘US Territory’ as soon as the Treaty of Paris was ratified by the US Congress, (April 11, 1899), and that no specific additional federal law was necessary for such an accomplishment. In the same year, in Downes v. Bidwell, 182 US 244 (1901), the same Court decided, just after the Foraker Act was enacted, that Puerto Rico was a “foreign country”, something it had never been since Cristopher Columbus ‘discovered’ the Island in 1493. Justice White used some ‘express powers’ provided by the Constitution to conclude that there was “little base” to support the principle of “immediate incorporation” that was being considered in Downes. Justice White said that:

“When the different treaties under which territories have been acquired, are considered under their surrounding circunstances, it become clear that the power of making treaties was always separate from the authority to incorporate territories to the United States without the ‘express’ or ‘implied’ consent of Congress, and that he had never imagined a single doubt to the contrary”. Justices White, Shiras and McKenna concluded that: “The uniformity clause of the Constitution did not apply in regard to Puerto Rico” and Justice Gray, just going “over the fence”, said that… “while Congress does not incorporate a particular territory to the United States, ‘neither the military occupation nor the acquisition by treaty’ convert such acquired territory into a ‘domestic territory’. Instead, the laws relative to ‘foreign countries’ continue to be applicable to the acquired territory until Congress disposes otherwise”.

(¡¡¡ HOW CONVENIENT…, AND UNFAIR, JUSTICE GRAY…!!!) But as I was told in Korea by my Commanding Officer during the War…“in war and in peace, a ‘Hero’ may always appear.”

And Justice Harlan, appeared as a real “HERO’’, and in his dissenting opinion, said:

“The idea that this country may acquire territories anywhere upon the earth, by conquest or treaty, and hold them as mere colonies or provinces – the people inhabiting them to enjoy only those rights as Congress chooses to accord to them– is wholly inconsistent with the spirit and genius, as well as the words, of the Constitution.”

(¡¡¡¡¡ GOOD FOR YOU…, JUSTICE HARLAN…!!!!!) ¡¡¡How ambivalent were some of these Judges back then in those racial-oriented years!!! Were they just playing with our Human Sentiments???

These comments and conclusions were expressed in 1901 just after the Foraker Act had been enacted in April 1900, the Treaty of Paris had been ratified one year earlier in April 1899 and the residents of Puerto Rico were US Nationals, but not yet US Citizens.

We might understand if such comments were ‘justified’ or ‘correct’ then, but they definitely are not ‘justified’ or ‘correct’ today, even if some judges might still feel the same way today. There has been more than sufficient, powerfull and strong actions carried out by Congress in over a century (now 114 years) in regard to Puerto Rico to have complied with the “incorporation theory”, if necessary, either by ‘express’, ‘explicit’ or ‘implied’ consent, if we want to satisfy Justice White. ¡¡¡We wonder what a current Judge of the US Supreme Court today would think about the accommodating thinking of some of their counterparts at the beginning of the century…!

In 1896, the US Supreme Court established the doctrine of “Separate but Equal” in the case of Plessy v. Ferguson, 163 US 537 (1896), in support of Race Segregation. It was wrong then, and the same Court revoked the doctrine in 1954 in Brown v. Board of Education, 347 US 483 (1954). A similar revocation should be forthcoming to revoke the theory of “unincorporated” v. “incorporated” territory, as an improper doctrine of “Separate and Unequal” established under Downes v. Bidwell, supra, when it is to be applied to US Citizens.

Puerto Rico is Already Incorporated to Satisfy Justice White and Any Other Judge, and Now Operates as a “DE FACTO” State

(7) In any event, Congress should also recognize the strong developments in democratic political self-goverment in internal affairs in Puerto Rico since 1900 under the Foraker Act; the Jones Act of 1917; Act 362 of 1947 for the election of the Governor since 1948; the application in Puerto Rico of Section 2, Article IV of the US Constitution in regard to the Rights, Privileges and Immunities of US Citizens as if Puerto Rico were a State of the Union, under Act 362 of 1947; the authorization to adopt a local Constitution by Act 600 of 1950 similar and equivalent to a State of the Union; the final approval and adoption of such Constitution in 1952; the 114 years under the US Sovereignty; the US Citizenship for 95 years since 1917; the participation in defending the Nation in all the Wars since the beginning of the 20th Century, including WW I, WW II, Korea, Vietnan, Gulf, Afghanistan, Somalia, Irak and all other conflicts to date; the over 4,000,000 millions US citizens of Puerto Rico descend living in the Mainland and commingling “back and forth” with almost another 4,000,000 millions US citizens living in the Island; our contributions to the Nation in matters like history, culture, sports, music, arts, artists, politic, technology, including the NASA and Astronauts, judicial system at ALL levels, defense and other compliance with the responsibilities and obligations of Citizenship.

This brief summary of the history of Puerto Rico and all the ‘explicit’, ‘express’ or ‘implied’ actions taken by Congress with regard to the Island during the long time of 114 years, makes Puerto Rico more «incorporated» to the Nation than any other similar jurisdiction under the US Flag.

Puerto Rico is in fact operating as a “De Facto” State, and the only pending step is for the Congress to complete the process for the Territory to choose to finally «incorporate» the Territory as a “Full State” of the Union, without any further delays or conditions. Finally, the “Caribbean Sun State” and the “Isla del Encanto” (Enchanted Island), will join our Nation as a “DE JURE’’ Full State for everybody to enjoy:

“a PARADISE…in the Caribbean”.

United Nations Resolution 1541 (XV) of December 15, 1960

(8) The Territory of Puerto Rico could also have elected to separate itself as a Separate Republic with its own sovereignty and citizenship, under Resolution 1541(XV) of December 15, 1960, of the United Nations Organization (UNO), as explained below, but this did not happen on November 6, 2012, and we strongly believe will never happen because it has always been demostrated that a solid 95% of our population loves and wants to retain its solid ties with this, Our Nation, which we have proudly defended with our own blood for about four centuries since the 18th Century.

Recommendation # 7 of the Presidential Task Force on our Status, provided that: “If efforts on the Island do not provide a ’Clear Result’ in the short term, the President should support, and Congress should enact, selfexecuting legislation that specifies in advance for the people of Puerto Rico a set of acceptable status options that the United States is politically committed to fulfilling.” This legislation should commit the United States to honor the choice of the People of Puerto Rico (provided it is one of the status options specified in the legislation) and should specify the means by which such a choice would be made. The Task Force recommends that, by the end of 2012, the Administration develop, draft, and work with Congress to enact the proposed legislation.”

This Recommendation # 7 would come into effect and applied… “If efforts on the Island do not provide a ’Clear Result’ in the short term”. Well, this “self-executing” legislation for the People of Puerto Rico to select a Non- Territorial Self-Government Option that the United States would be politically honor and committed to fulfilling.” The solid love and support referred to above was demonstrated and effected on the November 6, 2012 Plebiscite by:

IN QUESTION 1: THE PRESENT TERRITORIAL STATUS WAS REJECTED BY 54% OF THE VOTERS. OUT OF THE 46%, “YES” VOTERS THAT VOTED FOR RETAINING THE USA RELATIONSHIP, BUT VIA THE PRESENT TERRITORIAL STATUS, SOME 27% LEFT QUESTION 2 BELOW IN BLANK. IN THE FINAL REFERENDUM TO BE HELD LATER FOR FINAL ACCEPTANCE OF THE ADMISSION ACT, IT IS LOGICALLY EXPECTED THAT THESE 27% VOTERS WOULD JOIN THE 61% THAT VOTED FOR “STATE 51” IN QUESTION 2, THUS INCREASING THE 61% TO 88% FOR “STATE 51”. IN QUESTION 2: A SUPER-MAYORITY AND “CLEAR SHOUT” OF 61% OF THE VOTING POPULATION ELECTED “STATEHOOD” AS OUR SELF-GOVERNMENT OPTION. As our Countrymen’s local “Saying” or “expression” goes: “MAS CLARO NO CANTA UN GALLO” (Most ‘Clearly’ a Rooster will not Sing) and as stated above, out of the 46% “Yes” votes on Question 1 for the Territory, some 27% left the ballots in blank on Question 2, and it is logically expected that these 27% voters would join the 61% that voted for “State 51” in Question 2, thus increasing the 61% to 88% for “State 51”. Also for sure, and in my opinion, Independence would never get more than 5%, which have always been the case. We all also recognize that there are other citizens (a small minority of the population) that prefer other political solutions to the final Status problem of the Island and that the United Nations Organization (UNO) to which the United States also belongs, under its Resolution 1541(XV) of December 15, 1960, determined and approved twelve (12) Principles in regard to the territories that have not attained their full selfgovernment.

Principle VI provides and describes three (3) political Formulas or Alternatives for a territory to achieve its full self-government. It establishes that a territory may be considered to have achieved full self-government : I. When it becomes an independent and sovereign country; II. When it establishes a Free Association with an independent country; III. When it becomes an integral part of another independent country.

The UNO Resolution does not explain in detail Alternative I because it is clear and no explanation is required. But Principles VII, VIII and IX fully explain Alternatives II and III as follows:

(i) The Sovereign Free Association (Associated Republic) should be the result of the free and voluntary election of the people of the territory interested in expressing themselves with ‘known cause’ and in democratic procedures. In such association, the individuality and cultural characteristics of the territory and its people shall be respected and it shall reserve to the people of the territory that associates to an independent country the ‘liberty to modify the status’ of such territory by expressing its desires by democratic means and in accordance with constitutional procedures.

(ii) The Associated Territory (Associated Republic) shall have the right to determine its ‘internal constitution without any exterior intervention’ in conformity with proper constitutional procedures and the desires freely expressed by its people.

All these principles and conditions were fully granted and clearly available to the Sovereign Free Association (Associated Republic) choice and all parties involved in the process and no questions were raised whatsoever by any of the parties involved.

(iii) The integration (Statehood) to an independent country shall be based on the principle of ‘complete equality’ between the people of the territory that as of that moment has not achieved its full self-government and the people of the country to which such territory is to be integrated. The peoples of both territories shall have, without any distinction or discrimination, the same conditions and the same rights of citizenship, as well as the same guaranties in regard to their fundamental rights and liberties; both shall have the same rights and the same possibilities of representation and participation in the executive, legislative and judicial branches of government in all degrees.

All these principles and conditions were fully granted and clearly available to the Statehood choice and all parties in the process and no questions were raised whatsoever by any of the parties involved. (This is just what Puerto Rico wants and deserves and we have no doubts about our Nation’s full compliance with all the stated principles of equality as it does with all its citizens)

(iv) The integration (Statehood) should be produced under the following conditions:

(a) The integrating territory should have achieved an advanced stage of autonomy and posess free political institutions so that its people is in condition to decide, in a responsible manner, with known cause and by democratic procedures.

(This is 100% the case of Puerto Rico).

(b) The integration should be the result of the desires freely expressed by the people of the territory, fully aware of the change of status, with known cause and by democratic procedures, impartially applied and based on the universal vote of the adults. The United Nations may supervise the procedures when it deems it necessary. (This is just what Puerto Rico wants, deserves and accomplished on November 6, 2012 in a fully Democratic Process Impartially Applied, fully aware of the Status Change, with fully Known Cause and based on the Universal Vote of the Qualified Voters.)

Permanent Status Solution Plan (PSSP)

(9) As also the details of our Plebiscite were explained above, under our contemplated Permanent Status Solution Plan”(PSSP), the present relationship (herein referred to as the “Commonwealth Territorial Structure (”CTS”), under the Jones Act of 1917, as amended by PL 81-600 of 1950, and known since 1952 as the ‘Federal Relations Act with Puerto Rico (“FRAPA”), after implementing the “Commonwealth Territorial Structure” known in Puerto Rico in Spanish as “Estado Libre Asociado (“ELA”), cannot be included as a Non- Territorial Alternative because it is not Non-Territorial since it is presently subject to the Territorial Clause of the Federal Constitution, which does not apply to any of the present states of the Union. So, it is the present “Problem”, and the “Problem” cannot be part of the “Solution”.

However, following the advice of the US House of Representatives, the US Senate and the White House’s Task Force on the Puerto Rico Status, we consulted the People of Puerto Rico by including a separate First Question (Q-1) and asked the People whether they wanted to “RETAIN” THE PRESENT “TERRITORIAL STATUS”. The answer was a solid ”NO’’ by 54%.

Direct Consultation of the People in a Plebiscite following the US Constitutionl Process and the International Principles Adopted by the United Nations Organization (UNO) also Blessed by USA

a) As also mentioned above, the United Nations Organization (UNO), to which the United States also belongs, under its Resolution 1541(XV) of December 15, 1960, determined and approved twelve (12) Principles for Territories that have not attained their Full Self-Government, to attain such goal. Principle VI provides and describes

Three (3) political Formulas or Alternatives for a territory to achieve its Full Self-Government status. It establishes that a territory may be considered to have achieved its Full Self-Government status:

I. When it becomes an independent and sovereign country; II. When it establishes a Free Association with an independent country; III. When it becomes an integral part of another independent country. Therefore, a Territorial Status does not qualify for attaining this goal.

(b) As mentioned above, under our contemplated “Permanent Status Solution Plan (PSSP), the present relationship (herein referred to as the “Commonwealth Territorial Structure (”CTS”), under the Jones Act of 1917, as amended by PL 81-600 of 1950, and known since 1952 as the ‘Federal Relations Act with Puerto Rico (“FRAPA”) implemented in Puerto Rico in 1952, and known in Puerto Rico in Spanish as “Estado Libre Asociado (“ELA”), cannot be included as a Non- Territorial Alternative under the International Principles, also blessed and approved by USA, to select a Full Self- Government status because it does not qualify as such, as have been also confirmed by the US Congress, the White House and the US Department of Justice in several occations, and also been accepted as such by our opposition party in Puerto Rico, the Popular Democretic Party (PDP) since it is the “Problem”, and the ‘Problem’ cannot be part of the “Solution”. However, following the advice of the US House of Representatives, the Senate and the White House’s Task Force on the Puerto Rico Status, we included in our Plebiscite a first separate question (Q-1), asking whether the People wanted to “RETAIN” THE PRESENT “TERRITORIAL STATUS”. The answer was a solid ”NO’’ by 54%.

Then, we followed up with the Second Question (Q-2) to select a non-territoial alternatives for a a Full Self- Government status, and the Statehood was selected by the voters with a clean and solid super-mayority of 61%. PETITION FOR APPROVAL OF ENABLING ADMISSION ACT (10) In line with the results of the Plebiscite carried out by the People of Puerto Rico on November 6, 2012, we are hereby requesting the approval of our Enabling Admision Act as a State of the Federal Union.

a) In recognition of the desire by both the US Territory of Puerto Rico and the Fifty States currently composing the United States of America represented by the US Congress of the Federal Union of Sovereign States, herein represented by the US Congress and the White House, and to enable the People of the Territory of Puerto Rico (nearly 4,000,000 US Citizens) to achieve full self-government and sovereignty through a proper self-determination process, and based on the facts and events previously herein expressed and the UN Resolution 1541(XV), the People of Puerto Rico hereby request this Congress and the President of the United States to approve the Enabling Admission Act hereby presented to Congress to authorize the admission of the Territory of Puerto Rico as the 51st state of the Federal Union, as requested and mandated by the US Citizens Residents of Puerto Rico to complete the self-determination process initiated in 1952 and choose from non-colonial and nonterritorial constitutionally feasible Options, as described herein and the copy of the Ballot herein attached as Exhibit 1, that was used in the Plebiscite held on November 6, 2012. The results of the Plebiscite are presented in this Report in complete details, and we are hereby requesting and expecting complete implementation on a «Fast Track» basis with no further delays, conditions or transition period.

(b) The People of Puerto Rico consider this to be a very simple process and does not want to continue being just part of a Political Game Table for politicians and others in Puerto Rico, in Washington and Abroad. We were prepared and knowledgeable to carry out this process and make a decision following all the required procedures recognized and requested by Congress, the Last Report of the President’s Task Force on Puerto Rico Status and the rules and conditions provided by the United Nations Organization (UNO) as provided under Resolution 1541(XV) of December 15, 1960, which applies also to the United States of America, as signatory. As explained in such Resolution, all listed and possible non-colonial and non-territorial Alternatives available for Puerto Rico to choose from, were presented to the voters for completing the process of self-determination to achieve our Full Self-Government, as hereinbefore and after fully explained. (See Pages 13 to 22 of this Report and the results of the Plebiscite on Pages 5 and 6)

(c) The Congress should also recognize that Puerto Rico complies in fuII with al l the requirements established by the mentioned UNO Resolution for exercizing its rights of Self- Determination to achieve its Fu l l Self-Government.

(d) Based on all the above, the People of Puerto Rico carried out a complete process of Political Self- Determination on November 6, 2012 in a Plebiscite held in Puerto Rico to determine the non-partizan desires of the People of Puerto Rico in regard to its final non-colonial and non-territorial political status and to choose among the following ALTERNATIVES, after electing in a first and separate question, if they wanted to keep the present territorial status which is in effect :

ALTERNATIVE I – STATEHOOD – Join in Permanent Union with the rest of the fellow US citizens as a State of the Union, after mutually agreeing with Congress and White House the conditions of admission, and in this way enjoy in full all its constitutional rights with full participation and with the same conditions and the same rights of citizenship, as well as the same guaranties in regard to their fundamental rights and liberties and the same rights and the same possibilities of representation and participation in the executive, legislative and judicial branches of government in all degrees in equal footing with the other fifty (50) States of the Union of Sovereign States.

ALTERNATIVE II – ABSOLUTE INDEPENDENCE – Complete separation from the United States and forming a separate independent republic with separate sovereignty and its own citizenship.

ALTERNATIVE III- “ESTADO LIBRE ASOCIADO SOBERANO” in English Sovereign Free Association (or ASSOCIATED REPUBLIC) – Described also in the Ballot as “Estado Libre Asociado Soberano” and in English, “Sovereign Free Association” to meet a prior definition of the main opposition political party (PDP) – Separation from the United States and forming a separate independent state or republic with separate sovereignty and its own citizenship and then negotiating a Treaty of Mutual Cooperation or Association on economic, defense and other matters of mutual interest, under terms and conditions mutually agreed upon by both parties and subject to revocation at any time by either of them.

The results of the Plebiscite are presented in details on Pages 5 and 6 of this Special Report.

(e) It is the purpose of this Special Report to provide an appropriate mecanism for explaining to the US Congress and the White House the Enabling Legislation for Admission of Puerto Rico as State 51 of the Union, as mandated by the US Citizens composing the People of Puerto Rico. Such Admission was approved and mandated by a super-mayority of 61% of the votes in the Plebiscite held on November 6, 2012…

Process of the Plebiscite Date – The Plebiscite was held on November 6, 2012 by the mandate of the Legislature of Puerto Rico and following the process provided by the law and the electoral laws and procedures of Puerto Rico and complying with the mandate of the law and the Alternatives herein described..

Review and Approval of Enabling Admission Act

(a) Within sixty (60) days after receiving the recommendations and the proposed Enabling Admission Act, the President will transmit those documents to Congress for its consideration together with the observations of the President and any observations received from the Governor and the Legislature of Puerto Rico.

A pprova l of Final Status by Voters in a Final Referedum

a) Referendum of Final Approval – After approval of the Enabling Admission Act by Congress and the President providing for the admission of Puerto Rico into the Union, the Government of Puerto Rico will promtply hold a final “Yes” or “No” Referendum in Puerto Rico following the electoral processes and systems of Puerto Rico as a Federal Mandate, for the People of Puerto Rico to finally approve the Enabling Admission Act to be admitted in Permanent Union as the 51 st State of the US Federation of Sovereign States. on an equal basis with the other fifty states.

(b) The Government of Puerto Rico will supervise the compliance with this law and will establish any necessary special regulations that may be necessary to supplement the laws that regulate these events.

(c) Any interpretations of this law and its pertinent processes should be ventilated in the Federal District Court for the District of Puerto Rico.

ADDITONAL INFORMATION AND HISTORICAL EVENTS (11) FOR HISTORICAL AND OTHER RELEVANT INFORMATION, WE PRESENT BELOW A SUMMARY OF OLD INTEREST OF THE UNITED STATES FOR PUERTO RICO IN AND DURING THE 18TH AND 19TH CENTURIES AND OTHER DETAILS OF OUR RELATIONSHIP WITH THE NATION IN THE PAST, WHICH WE BELIEVE ARE INTERESTING IN EXPANDING THE KNOWLEDGE OF THE RELATIONS IN THE PAST WITH THE NEW BORN BABY.

OLD INTEREST OF UNITED STATES FOR PUERTO RICO DURING THE 18th AND 19th CENTURIES

“From the birth of the US Nation in 1776, its eyes were fixed in Puerto Rico. In fact, there were three noncontinental areas on which such “eyes were fixed” with the intention of annexing them to the new Nation: Hawaii, Cuba and Puerto Rico”. These were the words of Mr. James G. Blaine, subsequent US Secretary of State, in 1876. Already Secretary of State, the same Mr Blaine, fifteen (15) years later in 1891 insisted that … ” the United States should annex the islands of ‘Cuba and Puerto Rico’. In support of our contention in this regard, we will summarize below some of the real events that occurred from 1783 to 1898 in regard to Puerto Rico. The sources and comments are in Spanish and they are: “Historia de Puerto Rico, Volumes I, II and III, by Lidio Cruz Monclova and “Puerto Rico: La Más Antigua Colonia Mundial – La Paradójica Realidad”, Edición de Ramón Darío Molinari: Puerto Rico de 98 a 98: Finisecular Moneda de Cambio Histórico. Since this Nation is already almost bilingual with the two most important languages of the world: English and Spanish, we will present these testimonies and remarks in Spanish, as they are presented in the cited sources. However, for the benefit of those not yet fully versed in that language, we will also present our own translation to English. We have no problem with that.

1. 1783: Mr. John Adams, who was later elected the second US President in 1797, defended in his correspondence with a colleague, the idea of the political annexation of the islands of Cuba and Puerto Rico (Lidio Cruz Monclova, History of Puerto Rico, Volume I, pag. 109). Mr. Adams said: “El comercio de las Indias Occidentales es parte integrante de nuestro sistema mercantil. Estas no pueden estar sin nosotros y nosotros no podemos estar sin ellas. Por tanto, todo esfuerzo obstinado de violencia o de política que intente evitar que dichas islas y el Continente (norteamericano) deriven ventajas recíprocas que la Naturaleza les ha ofrecido, sólo logrará el que busquemos medios más efectivos para unirnos”. (Enfasis nuestro).

(The commerce of the West Indies is an integral part of our own commercial system. They cannot be without us and we cannot be without them. Therefore, all obstinate efforts of political violence that intent to prevent that such islands and our American Continent derive the reciprocal advantages that Mother Nature has offered us, will only result in that we look for more effective means to get together). (Enphasis ours).

2. 1787: Mr. Thomas Jefferson, who was later elected the third US President in 1801, also manifested the ambitioned expansion. Mr. Jefferson said:

“Nuestra Confederación debe ser contemplada como el ‘nido’ desde donde toda la América, la del Norte y la del Sur, ha de ser poblada. Pensando en los mejores intereses de aquel Continente, nosotros debemos cuidarnos de no presionar demasiado pronto a los españoles. Esos países no pueden estar en mejores manos. Mi temor es, empero, que estas manos sean demasiado débiles para sujetarlos hasta que nuestra población sea demasiado numerosa para arrebatárselos pedazo a pedazo”. (Ibid; pag. 170).

(Our Confederation should be contemplated as the ‘nest’ from where all the America (North and South) would be populated. Thinking about the best interest of that Continent, we should be cautious not to pressure the spaniards too soon. Those countries cannot be in better hands. My fear is, however, that these hands could be too weak to hold them until our population has sufficiently increased to take them away <from the spaniards> piece by piece).

In the meantime, in Spain, several dignataries took positions about the increasing imperialist ambitions of the United States.

3. 1789: The “Conde”of Aranda wrote to King Carlos III, the same day in which he signed with England the recognition of the United States as an independent nation, some really anticipatory ideas: “Esa república nació pígmea, por decirlo así, y ha necesitado apoyo y fuerza de dos Estados tan poderosos como España y Francia para conseguir la independencia”.

“Llegará el dia en que crezca y se torne gigante y un ‘coloso terrible’ en aquellas regiones. Entonces olvidará los beneficios que ha recibido de las dos potencias y sólo pensará en su engrandecimiento”.

“La libertad de conciencia, la facilidad de establecer una población nueva en terrenos inmersos, así como las ventajas de un gobierno naciente, le atraerán agricultores y artesanos de todas las naciones, y dentro de pocos años veremos, con verdadero dolor, la existencia titánica de ese coloso de que voy hablando”. (Ibid, pags. 170-171).

(That republic was born ‘pygmy’, as I may say, and has needed the support and the force of two States as strong as Spain and France to obtain its independence).

(The day will come when it will grow and become a giant and even a ‘terrible colossus’ in those regions. Then it will forget the benefits received from those two potencies and will think only in its own enrichment).

(The liberty of concience, the facility to establish a new population in those inmersed lands, as well as the advantages of a newly created government, will atract agricultural and artesan people from all the nations, and within a few years we will see, with true pain, the titanic existence of such ‘colossus’ that we are talking about). (The historic events as of today are the best witnesses for the “Conde of Aranda”)

4. 1806: The Bishop of Orense, Pedro de Quevedo, declared: “Los Estados Unidos, esta potencia que ha sido protegida y fortalecida en aquellos territorios por Francia y España, y en la que no puede dejar de vivir el espíritu de comercio que excitará, por el interés, al guerrero y el conquistador, debe causar recelos y temores no pequeños a España)”. (Ibid, pag.171).

(The United States, this potency that has been protected in those territories by France and Spain and where always live the spirit of commerce that will excite the interest of fighters and conquerors, may cause jealousy and fears, not small, to Spain).

5. 1818: Mr. Joaquín Arduaga, Spanish agent in New York, told the then Governor of Puerto Rico about the threat that existed over Cuba and Puerto Rico, yet Spanish colonies. Mr Arduaga said to the Governor:

“Todas las autoridades prestan decidida protección a cuanto pueda contribuir a arrancar a España el resto de sus provincias de Ultramar y a destruir nuestro comercio. Esta certidumbre debe hacer ver a V.S. cuán necesaria e indispensable es la vigilancia para la conservación de esa posesión y cuán importante se hace el seguir los pasos a los americanos malévolos que existen ahí”. (Ibid, pag. 172). (All the authorities pay decided protection to anything that may contribute to grasp from Spain what is left of its Overseas provinces and to destroy our commerce. This truth should let you know V.S. how necessary and indispensible is the vigilance for the conservation of that possession and how important it is to follow the steps of the ‘dangerous’ americans that exist there).

6. 1825: Mr. Henry Clay, Secretary of state in Washington, sent a note to the Government of Spain asking to terminate the war with the new hispanoamerican republics so that Puerto Rico and Cuba would continue in possession of Spain, because:

“Los Estados Unidos están satisfechos de la actual condición de Cuba y Puerto Rico, como pertenecientes al poder español y con sus puertos abiertos, como lo están al presente, a nuestro comercio y… entre todas las potencias europeas, este país prefiere que Cuba y Puerto Rico continúen dependientes de la nación española”. “Si la guerra entre España y las nuevas repúblicas continuare y estas islas llegaran a ser objeto y teatro de las operaciones, los Estados Unidos no podrían ser espectadores indiferentes de la contienda”.

“Si los Estados Unidos desearen obtener en este instante la posesión de las islas de Cuba y Puerto Rico, no existe posibilidad razonable de que pudieran hacerlo: y aunque la tuvieran, su actitud diplomática le prohíbe tal propósito por el momento”.

“Esta situación equivale a una garantía. Pero no haremos ninguna estipulación ni tratado para tal garantía». (Ibid, pags. 207-208). (The United States is satisfied with the actual condition of Cuba and Puerto Rico as pertaining to the Spanish power with the ports open, as they are now, to our commerce… and among all the european potencies, this country prefers that Cuba and Puerto Rico continue as a dependency of the Spanish nation).

(If the war between Spain and the new republics continues and these islands become the object and part of the theater of operations, the United States could not be just an indifferent spectator of the situation).

(If the United States would desire to obtain possession of the islands of Cuba and Puerto Rico, there would not exist any reazonable possibility that it would occur; and even if there were any possibility, its diplomatic attitude would prohibit such purpose at this moment).

(This situation is equivalent to a guarantee. But we will not issue any stipulation or treaty for such guarantee).

7. 1845: The US President Polk said in his inaugural speech:

“…Que él no se sentía atado por ninguna tímida inhibición respecto a la expansión nacional; y que la adquisición de ciertas posesiones fuera de los límites de la Unión podía convertirse en un asunto de vital interés para la protección de Estados Unidos, para los derechos del comercio y para la paz del mundo”. (Ibid, pag. 333). (That he did not feel tied to any timid inhibition with respect to the national expansion; and that the acquisition of certain possessions outside the territorial limits of the Union could be turned into a matter of vital interest for the protection of the United States, for the rights of commerce and for the peace of the world).

8. 1856: Mr. Robert J. Walker, the Governor of the Brother State of Kansas, sent a letter to then President Pierce asking him to maintain an imperialist politic, and to say:

“!Cuba! !Cuba! y Puerto Rico, si es posible, deben ser el grito de la contraseña de vuestra administración: y ella terminará envuelta en un “halo de gloria”. (Ibid, pag. 352).

(Cuba! Cuba! and Puerto Rico, if possible, should be the ‘cry of the countersign’ of your Administration; and it will end involved in a ‘halo’ of glory).

9. 1859: Mr. Reuben Davies declared to the Congress in Washington that the United States had the ‘final destiny’ of incorporating the West Indies to itself. (Ibid. pag. 510).

10. 1860: Congressman Mr. James Toombs declared, in regard to a project to purchase the island of Cuba:

“La única cuestión de política extranjera digna de ser considerada por los estadistas norteamericanos es el ‘imperio tropical’ que se extiende a nuestros pies… y de declarar que el objeto de nuestra política es colocar ese ‘imperio’ bajo nuestra bandera, tan pronto podamos”. (Ibid, 510-511). (The only matter of foreign policy worth of being considered by the American Statemen is the ‘Tropical Empire’ that extends at our feet… and to declare that the object of our politic is to place that ‘Empire’ under our flag, as soon as we can).

11. 1861: Mr. Charles Seward, U S Secretary of State, sent a letter to Mr. Carl Schurz, his Plenipotenciary Minister in Madrid, asking him to protest for the reincorporation of Santo Domingo to the Crown of Spain, and in it affirmed : “Los Estados Unidos tienen una política tradicional respecto a las islas de Cuba y Puerto Rico. En vista de la vecindad de dichas islas a nuestras costas, los Estados Unidos han considerado su ‘derecho y su deber’, de vigilar e impedir que dichas islas pudieran caer en las manos de una potencia hostil. Los Estados Unidos han alimentado constantemente la creencia de que algún dia puedan adquirir esas islas por medios justos y legales y el consentimiento de España. En el interín, los Estados Unidos han considerado lo más conveniente, para su seguridad presente y ulteriores intereses, que Cuba y Puerto Rico permanezcan en la posesión y dominio de España. Aunque ha habido ocasiones en que los partidos políticos nacionales se han desviado de esta política, no obstante, esta política ha sido preservada con gran fidelidad por parte del Gobierno. Y el Presidente, satisfecho con la sabiduría de ella, está inclinado a mantenerla con la misma fuerza de sus antecesores”. (Ibid, pag. 511).

(The United States has a traditional policy with respect to the islands of Cuba and Puerto Rico. In view of the proximity of such islands to our coasts, the United States has considered its right and its duty, to look for and prevent that such islands may fall in the hands of a hostile power. The United States has constantly nourish the belief that some day they may acquire these islands by just and legal means and the consent of Spain. In the interim, the United States has considered it to be more convenient, for its present security and subsequent interests, that Cuba and Puerto Rico remain in possession and control of Spain. Although there has been occations in which the national political parties have deviated from such policy, nevertheless, the policy has been preserved with strong fidelity on the part of the government. And the President, satisfied by its wisdom, is inclined to maintain such policy with the same force of his predecessors). 12. 1876: Mr. James G. Blaine, future US Secretary of State, declared:

“Yo creo que hay tres lugares no continentales que son de bastante valor para ser tornados (por Estados Unidos). Uno es Hawaii; los otros son Cuba y Puerto Rico”. (Ibid. Tomo II, Parte II, pag. 941).

(I belief there are three noncontinental places that are of sufficient value to be taken by the United States. One is Hawaii; the others are Cuba and Puerto Rico).

13. 1891: Already Secretary of State, the same Mr Blaine, fifteen (15) years later insisted:

“Estados Unidos debía anexionarse las islas de Cuba y Puerto Rico”. (Ibid, Tomo III, Parte III, pag. 223). (The United States should annex to itself the islands of Cuba and Puerto Rico).

14. 1897: The magazines ‘North American Review and Army’ and ‘Navy Journal’ published articles in which, after comparing the naval forces of the principal potencies, it was affirmed that :

“en caso de una guerra con España, Estados Unidos debía apoderarse de Cuba y Puerto Rico”. (Ibid, pag. 224). (in case of a war with Spain, the United States should take Cuba and Puerto Rico).

15. 1898: In February, Mr. Theodore Roosevelt, then Undersecretary of War, due to the breaking of diplomatic relations between Spain and the United States, addressing Dr. Julio J. Henna, a Puertorrican, organizer of the Puerto Rico Section of the Cuban Revolutionary Party in New York, informed him that:  “Puerto Rico ocupa lugar preferente en los planes norteamericanos”.

(Puerto Rico occupies a preferential place in the northamerican plans).

And, addressing Senator Henry Cabot Lodge, that same year, Mr. Roosevelt said that: “la paz no debía formalizarse hasta que Puerto Rico fuera conquistado, Cuba fuera independiente y las Filipinas hubiesen sido arrebatadas a España por cualquier medio”. (Ibid. pag. 224). (the peace should not be formalized until Puerto Rico is conquered, Cuba is independent and the Philipinas has been taken from Spain by any means). 16. 1898: On April 25, 1898, the US Congress declared that there existed a State of War between the United States and Spain and approved a budget of fifty million dollars for military purposes; and Senator Henry Cabot Lodge responded and informed the Undersecretary of War, Mr Teodoro Roosevelt, that:

“… una fuerza militar de consideración sería enviada a Filipinas, y que Puerto Rico era tenido muy en cuenta”. (Ibid. Pag. 224).

(… a military force of consideration will be sent to the Philipines, and Puerto Rico is being well taken into account). 17. 1898: On May 1, 1898, the US Army, under the command of Comodoro Dewey, destroyed a Spanish Squad in Cavite, in the Bay of Manila, Filipinas, which was finally invaded on August 13, 1898.

18. 1898: On July 3, 1898, the US Army invaded and took possession of the City of Santiago de Cuba 19. 1898: On July 25, 1898, the invasion of Puerto Rico took place by forces under the command of General Nelson A. Miles, who declared shortly after the invasion:

“…Puerto Rico, desde el primer momento de la guerra, había sido uno de los verdaderos objetivos del Ejército Norteamericano”. (Ibid. Pag. 224).

(Puerto Rico, from the very first moment of the war, had been one of the true objects of the US Army).

20. 1898: The same Senator Henry Cabot Lodge said on that date of July 25, 1898 that:

“… la Isla de Puerto Rico, la más hacia oriente y más bella de las Grandes Antillas, con su ventajosa posición estratégica, había estado de contínuo en la mente del Ejército y la Marina desde el mismo instante en que había comenzado la guerra; y… que ésta constituía ‘el último paso’ del inexorable movimiento iniciado por Estados Unidos hacía un siglo, para expulsar a España de las Antillas’ ”. (Ibid. Pag. 224). (Enfasis nuestro) (The Island of Puerto Rico, the one located more to the east, and the most beautiful of the Larger Antilles, with its advantageous strategic position, had been continually in the mind of the US Army and the Marine from the very instant of commencing the war and… that it constituted the ‘last step’ of the inexorable movement initiated by the United States more that a century ago to expel Spain from the Antilles). (Enphasis ours) ========================================================= Historic Creation of the Nation and Process of State Admissions The historical quotes by historical people contained above in this Article are intended as a tribute to past generations, respect and education to the present generation and in solidarity with future generations.

With the same spirit, commitment and dedication followed by the original 13 colonies and the subsequent 37 territories that followed their lead, let us examine and conclude, through this congressional process of dialogue and discussion, the principal issues that we trust will be thoughtfully and thoroughly addressed during this process in a spirit of brotherhood and patriotism, by all of our fellow citizens in Congress and in Puerto Rico. These are issues that must be understood and placed in context if the Senate and the House are to come to agreement on the enactment of this Enabling Admission Act for Puerto Rico to finally adopts a viable and definitive self-determination legislation. Practically all the issues involved in this process have been studied, examined, discussed, considered and evaluated already in depth by Congress, the White House and practically all the executive agencies. So, what is pending should not be that difficult to accomplish. The voting process in Puerto Rico was not difficult to carried out once the voting legislation was passed by the Puerto Rico Legislature. So, now we just want this process to be completed in Good Mood and Strong Perspective.

Thirty-seven (37) times since the original 13 colonies founded this glorious republic, a thorough public examination has taken place, as one territory after another labored through its own process of self-determination. As we, the US citizens forming the People of Puerto Rico, come under that scrutiny, we are aware that the issues and concerns being raised with respect to our own efforts are not all new. Issues concerning the economic impact of our status choices, the place of our language and culture within the diversity of our Nation, the ramifications of a change on the current political balance of our national parties are all issues that were raised and resolved in the discussions surrounding virtually every other territory that faced the critical juncture that is now before us. We are well aware of these matters and are ready to present our arguments, our rights, our obligations and our commitments with our Nation and our fellow citizens in the different states. Special Historic Note We believe it appropriate to close these historical quotes and remarks by such historic personalities, with the most historic note of them all, as presented by Governor Pedro Rosselló in a Statement to the US Senate’s Committee on Energy and Natural Resources on April 2, 1998 upon discussing legislation previously approved at that time by the House on this same subject. We are presenting only the pertinent part of Governor Rosselló’s Statement as follows: ================== “Throughout American history, the struggle for statehood has rarely been easy. So we, Puerto Rico statehooders, are not discouraged in the slightest by the obstacles we encounter along our rocky road to civic equality.

“On the other hand, neither do we take those obstacles lightly. One way to describe our attitude might be this: 

“<<We must cut out this territory stunt. We have had too much hot atmospheric, soothing syrup, and other poor nourishment…from Uncle Sam. What we want now is a ‘statehood sandwich, buttered on both sides’. This chance may not come again in the life of the present generation. ‘A few years wilt make no difference,’ say those who oppose us. Such persons either know nothing or care nothing about the history of the statehood fight. It has been the longest struggle; years and years of evasion, attack and neglect by Congress. The only opposition remaining exists under the leadership of an ‘itinerant demagogue’ who secretly sends lying telegrams to Washington and who occupies the evenings informing us that our women carry on the practices of ‘saloon bums’; that our boys and girls are going to hell; that bartenders have given us our constitution.>>»

“That, distinguished members of this Committee, might be one way to describe our attitude. “Interestingly enough, though, those words are not mine. Nor are they the words of any other Puerto Rican. Instead, the words I just read to you, are direct quotes from the Albuquerque Morning Journal. Those words were published in January 1911, during the climactic final months of a 62 year crusade for New Mexico Statehood. “Perspective is priceless. It works wonders in helping a person cope with bouts of indignation and outrage. Like when some ‘itinerant demagogue’ insults the memory of Puerto Rico’s four posthumous recipients of the ‘Medal of Honor’- not to mention the more than 2,000 other Puerto Ricans who have made the ultimate sacrifice for the Nation; like when some ‘itinerant demagogue’ discredits his own people by proclaiming that our women have children only to receive welfare benefits (I remind you of the ‘saloon bums’ references); or that our children are incapable of learning or speaking English (and I quote again: ‘our boys and girls are going to hell’); or like when some ‘itinerant demagogue’ insults their memory by proclaiming loudly that the people of our island are not Americans.

“By definition and by conviction, every citizen of the United States is an American, and he who does not feel this way has the right to renounce his citizenship.

“We try to ‘keep our cool’ amid such demagoguery. And when we are making that attempt, it always helps to be able to recall a comment that was made at just about the same time that Puerto Rico was coming under United States sovereignty.

“Almost exactly a century ago, Tammany Hall politician George Washington Plunkitt praised ‘muckraking’ author, Lincoln Steffens, for writing that New York, where most of the elected officials were ‘Irish’, was less corrupt than Philadelphia, even though the latter was governed mostly by ’Americans’.

“Fascinating!!! “Who exactly is an ‘American’? And what exactly constitutes ‘patriotism’?

“Puerto Rico has public buildings that bear the names of fierce advocates of independence from the United States. Nationalist Pedro Albizu- Campos, for example, has a school named after him. Does this render us unworthy of statehood? Well, if so, then where does that leave the Great States of the former Confederacy, many of whom are members of the Southern Governors’ Association, which I have the privilege of chairing this year? After all, the Deep South is inundated with statues and structures, not to mention cities and towns, that bear the names of men who are remembered best for the leadership roles they played in waging  war against the United States of America.

“Yes, Perspective is indeed precious. So let me wrap this up with one final historical footnote. “This one takes us all the way back to the United States’ very own crusade for self-determination: ‘The Spirit of ‘76’ and ‘The Revolutionary War’. “Guess who fought the British? Guess who was on the same side, as the Yankee Doodle Dandies, of the 13 rebellious colonies?

“It’s quite a remarkable little story! “From 1766 to 1803, the expanse of North American territory known as Louisiana was governed by Spaniards. And, when the Founding Fathers issued their Declaration of Independence, Governor Bernardo de Galvez of Louisiana sent money, gunpowder, rifles and other desperately needed materials to American General George Rogers Clark, in the Ohio Valley, and to a certain General in Virginia by the name of George Washington.

“By 1779, Spain had formally declared war against Great Britain and Governor de Galvez did his part by raising an army of 7,000 Spanish subjects. That fighting force captured five British forts in the Mississippi River Valley. Grateful Americans later named a city after the Spanish Governor: the City of Galveston, Texas.

“But who fought the British?

“Well, as by now you surely have guessed, the Spanish army that contributed to the arduous, but ultimately triumphant, quest for United States selfdetermination included troops from the Loyal Caribbean Colony of Puerto Rico. 

“May God Bless Patriotic Americans – however you define them and wherever they may be. And may God Bless everyone throughout this Nation, including everyone in the United States’ Island of Enchantment – who is engaged in the noble crusade for Puerto Rico self-determination, after 100 years (now 114 years) of American territorial ‘solitude’ for a community that now encompasses 3.8-million United States Citizens- And may God guide this Committee and this Senate as they confront their historical and constitutional responsibilities of providing for a fair and definitive process for selfdetermination for the People of Puerto Rico.

Thank you very much. Pedro J. Rosselló Governor of Puerto Rico April 2, 1998 TO: US Senate’s Committee on Energy and Natural Resources” ===================================== Accomplishments of the Plan as of Today Finally, at the end of 1898, the goals and plans of the United States were all accomplished altogether in the same year. The three non continental areas (Hawaii, Cuba and Puerto Rico) were annexed and became part of the Nation. Just 4 years later, Cuba decided to separate and go alone, and has been regretting that move ever since, presently at least by most of the exiled Cuban community. Hawaii proudly became a State of the Union and was integrated into the Nation 61 years later in 1959.

Now, what about Puerto Rico? Let see and consider the history and the present situation of Puerto Rico. We proudly continue our loyal relationship with our Nation and in 114 years today, we are still fighting to finally complete our integration as a State of the Union with full self-government and full political and civil rights. Piece by piece, we have obtained internal self- government like a State, generally, in the following sequence:

Civil partial self-government in 1900 under the Foraker Act.

2. More expanded elected self-government and Collective US Citizenship in 1917 under the Jones Act.

3. US Citizenship at birth since January 1941 granted under the Citizenship and Nationality Act. (for me it was from March 2, 1917 under the Jones Act)

4. Full election of local government since 1948 by finally allowing the election of the Governor under Act 362 of 1947.

5. Full application of the rights, privileges and immunities under Article IV, Section 2 of the Federal Constitution, the same as any State of Union, since 1947 under Act 362 of 1947.

6. Constitutional self-government in internal affairs in a process similar and equivalent to the process for Statehood, under PL 81-600 (Ley 600) ending up as a ‘Quasi’ de Facto State in the period of 1950-1952. This was 54 years after joining the Nation in 1898. There were only two steps not completed at the time to become a Full “De Jure” State, to wit : (i) voting and complete representation in Congress: equal in the Senate and proportional in the House, and (ii) voting for the President and the Vice President .

At this point, we believe it would be appropriate to quote at least the ‘Preamble’ of our 1952 Constitution prepared by a Puerto Rico Constitutional Convention, adopted by the People of Puerto Rico and approved by the White House and the US Congress in the process of political self-determination initiated in 1950-1952 and still pending to be completed. IT SOLEMLY SPEAKS BY ITSELF :

PREAMBLE OF THE PUERTO RICO CONSTITUTION

“We, the People of Puerto Rico, in order to organize ourselves politically on a fully democratic basis, to promote the general welfare, and to secure for ourselves and our posterity the complete enjoyment of human rights, placing our trust in Almighty God, do ordain and establish this Constitution for the Commonwealth which, in the exercise of our natural rights, we now create within our union with the United States of America. “In so doing , we DECLARE:

“That the democratic system is fundamental to the life of the Puerto Rican community;

“That we understand for a democratic system of government one in which the will of the people is the source of public power, where the political order is subordinate to the rights of man and where the free participation of the citizen in the collective decisions is assured;

“That we consider as determining factors in our life, our citizenship of the United States of America and our aspiration to continually enrich our democratic heritage in the individual and collective enjoyment of its rights and privileges; our loyalty to the principles of the Federal Constitution; the co-existence in Puerto Rico of the two great cultures of the American Hemisphere; our fervor for education; our faith in justice; our devotion to the courageous, industrious, and peaceful way of life ; our fidelity to the individual human values above and beyond social positions, racial differences and economic interests ; and our hope for a better world based on these principles.” ==================================== I strongly believe it was a real mistake not to have completed the process for enabling Complete Statehood in 1952. That mistake is now 60 years old and we are ready to correct it.

We recognize that a minor group of people may want to follow a different path at this time and, following the conclusions and suggestions of the White House Task Force on the Status of Puerto Rico, the People of Puerto Rico decided to carry out a Final Plebiscite this year for the people to decide whether they want to continue with the present territorial political structure under the Territorial Clause of the Federal Constitution or to adopt a non-territorial and noncolonial Full Self-Government under the US Constitutional Principles and International Standards. We know that the vast mayority of the voters in the Island just want to confirm the Commitment for Statehood to finally accomplish and complete the Non- Territorial and Non-Colonial Full Self-Government under the Federal Constitution by completing the State Admission Process begun in 1950-1952. Just a small minority of the voters would prefer to separate from USA.

The results of the Plebiscite are contained on Pages 5 and 6 of this Special Report and were certified to the White House and the US Congress in November 2012. An Enabling Admission Act is being filed in the US Congress, for approval by Congress and the President, providing for the Admission of Puerto Rico as State 51 of the Federal Union. After approval of such Enabling Admission Act, the Government of Puerto Rico will promptly hold a Final “Yes” or “No” Referendum in Puerto Rico followi ng the electoral processes and systems of Puerto Rico, but as a Federal Mandate, for the People of Puerto Rico to finally approve the Enabling Admission Act to be admitted in “Permanent Union” as the 51 st State of the US Federation of Sovereign States on an ‘equal footing’ with the other 50 States of the Union.

The results of this “Yes” or “No” Referendum will be certified to the US Congress and the White House and, upon approval of the Enabling Admission Act by the majority of the voters, the President will then issue a Presidential Proclamation , in line with the Draft prepared using the Hawaii Process as the basis and attached to this Special Report as Exhibit II, declaring the final admission of the “Caribbean Sun State” to the USA Federal Union as a “PARADISE… in the Caribbean” by President BARACK O OBAMA, in equal footing with the other 50 Brother Sovereign States of the Union to be effective on the 115TH Anniversary (July 25, 2013) of the Island becoming part of the USA Nation upon the landing of the US Troops in Port of Guánica, Puerto Rico on July 25, 1898. (For History, President Obama would become the Last President to sign-in a new State into the Federal Union of the United States of America.

We, respectfully and strongly, request the US Congress and the White House to diligently proceed as outlined in this Special Report to finally comply with the promise of President William McKinnley in 1898 to the People of Puerto Rico, through General Nelson A Miles. GOD BLESS AMERICA AND US ALL ~ ~ ~

END ~ ~ ~

RESPECTFULLY SUBMITTED: UNITED CITIZENS for EQUALITY NOW, Inc. (UCEN GROUP)

BY: ANGEL L CASTRO,CPA PRESIDENT ENCLOSURES:

Exhibit I- Enabling Admission Act Exhibit II- President Proclamation (Draft)

Reporte del Congressional Research Service con fecha de 2 de octubre, 2012 (antes del plebiscito local) referente al mismo.

El Reporte aclara que los resultados del plebiscito han de ser «nonbinding, Congress will likely be asked to consider the result, and may choose to engage in oversight or legislation on the issue».(Summary P.2)

http://www.fas.org/sgp/crs/row/R42765.pdf

YOUNG DEMOCRATS OF AMERICA

2012 WINTER MEETING

Presented by: Phillip Arroyo (PR), Chairman, YDA Hispanic Caucus
Jonathan Padilla (CA), National Treasurer
Salt Lake City, Utah
A RESOLUTION, urging President Barack Obama and the United States Congress to take action on the irrefutable and clear mandate sent by the people of Puerto Rico on November 6th, 2012 during which the current territorial political relationship of the island with the United States was rejected and an overwhelming majority voted in favor of Puerto Rico becoming the 51st state of the Union.
WHEREAS, On March 11th, 2011, the White House released the President’s Task Force Report on Puerto Rico’s Political Status which stated: “The Task Force recommends that the President and Congress support any fair, transparent, and swift effort that is consistent with and reflects the will of the people of Puerto Rico. If the process produces a clear result, Congress should act on it quickly with the President’s support.”
WHEREAS, Several months after the release of the Task Force Report, President Obama traveled to Puerto Rico and delivered a speech where he stated as follows:“ A report from our presidential task force on Puerto Rican status provided a meaningful way forward on this question so that the residents of the island can determine their own future. And when the people of Puerto Rico make a clear decision, my administration will stand by you.” – President Barack Obama, June 14th, 2011
WHEREAS, On November 6th—the same day as the U.S. general elections and Puerto Rico’s local elections—PR held a political status plebiscite authorized by local law. The plebiscite ballot consisted of 2 questions. On the first question, voters were asked whether they want Puerto Rico to remain a U.S. territory, the status the Island has had since 1898. The people of Puerto Rico rejected the current territorial status by a whopping irrefutable 54% to 46% vote.
WHEREAS, On the second question, voters were asked to express their preference among the three alternatives to the current territory status that are legally and politically viable according to the federal government and international law: statehood, nationhood in free association with the United States, and independence. The people of Puerto Rico expressed their overwhelming support in favor of becoming the 51st state of the Union with a whopping 61% of votes cast.
WHEREAS, Over 75 % of all registered voters in Puerto Rico cast their vote; a level of participation that is substantially higher than the national turnout for the U.S. general elections on the same day.
WHEREAS, the will of the people of Puerto Rico in rejecting the current territorial political relationship of the island with the United States was irrefutably mandated by a wide 54%-46% margin as well as a super majority mandate of 61% in favor of statehood among non-territorial status options.
THEREFORE, BE IT RESOLVED, The Young Democrats of America and its entire national, state and local leadership urge the President of the United States and the United States Congress to:
SECTION 1: Act with swift and due diligence on the referendum results held on November 6th, 2012 in the island where the American citizens of Puerto Rico rejected the current undemocratic political relationship and supported full equality through statehood as the 51st state of the Union.
SECTION 2: Put into play a federal endorsed legislative process in Congress that validates and executes the will of the American citizens on the island who spoke loud and clear on November 6th, 2012 by claiming equal rights as American citizens and permanently rejecting modern day colonialism.
SECTION 3: A copy of this resolution will be sent to the President of the United States, all members of the United States Congress and Puerto Rico’s sole non-voting representative in Congress.
This resolution was approved by the YDA General Assembly during its Winter Meeting in Salt Lake City, Utah on December 2nd, 2012.
Phillip Arroyo (PR) Jonathan Padilla (CA)
Chairman National Treasurer
Hispanic Caucus Young Democrats of America