Mr. SOLOMON. I have no objection to marking up the resolution. It certainly is unrealistic to expect an adjournment by July 31, whether that is fortunate or unfortunate.

I think sometimes America would be better off if we did adjourn on July 31 and go home and take care of our constituencies. Nevertheless, present law is unrealistic. Let's move on.

Mr. MOAKLEY. All right.

Mr. PASHAYAN. Mr. Chairman.

Mr. MOAKLEY. Mr. Pashayan.

Mr. PASHAYAN. I just want to say I associate myself with the collective wisdom as expressed independently by yourself and the Ranking Member on this subcommittee.

Mr. MOAKLEY. On the motion of the gentleman from California, all in favor say aye.

Opposed, no.

The ayes have it. The joint resolution is passed. [Text of H.J. Res. 7 follows:]

IA

101ST CONGRESS

1ST SESSION

H. J. RES. 7

To repeal an obsolete joint rule of Congress (section 132 of the Legislative Reorganization Act of 1946, as amended) relating to sine die adjournment of Congress.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 1989

Mr. MOAKLEY introduced the following joint resolution; which was referred to the Committee on Rules

JOINT RESOLUTION

To repeal an obsolete joint rule of Congress (section 132 of the Legislative Reorganization Act of 1946, as amended) relating to sine die adjournment of Congress.

1

Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled, 3 That section 132 of the Legislative Reorganization Act of 4 1946 (2 U.S.C. 198), as amended by section 461 of the Leg5 islative Reorganization Act of 1970 (Public Law 91–510; 84 6 Stat. 1193), is repealed.

O

H.R. 4765-PUERTO RICO SELF-DETERMINATION

ACT

THURSDAY, SEPTEMBER 27, 1990

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON RULES OF THE HOUSE,

COMMITTEE ON RULES,

Washington, DC.

The subcommittee met, pursuant to call, at 9:35 a.m., in room H313, the Capitol, Hon. John Joseph Moakley (chairman of the subcommittee) presiding.

Present: Representatives Moakley, Hall, Slaughter, Solomon, and Pashayan.

Mr. MOAKLEY. The Subcommittee on Rules will come to order. There has been a request for taking of photographs during today's hearing. Is there any objection?

Mr. SOLOMON. No objection.

Mr. MOAKLEY. The Chair hears none; photographs will be allowed.

The reason there aren't more Members at the meeting at the present time is because there are three members of the committee at the Whip's meeting, but they will be here.

OPENING STATEMENT OF HON. JOHN JOSEPH MOAKLEY, CHAIRMAN OF THE SUBCOMMITTEE ON RULES OF THE HOUSE Mr. MOAKLEY. This is a hearing and markup of H.R. 4765, the Puerto Rico Self-Determination Act. H.R. 4765 was introduced on May 9, 1990, by the gentleman from the Virgin Islands, the Honorable Ron de Lugo, chairman of the Interior Subcommittee on Insular and International Affairs. I was a cosponsor of the bill along with the ranking minority member of the Rules Committee, the Honorable Jimmy Quillen. The distinguished Resident Commissioner from Puerto Rico, the Honorable Jaime Fuster, was also a cosponsor.

The Committee on Rules received a referral of this legislation jointly with the Committee on Interior and Insular Affairs. The bill was referred to the Subcommittee on Rules of the House on May 21, 1990.

It was agreed informally between the two committees that the Interior Committee would act first. That committee marked up H.R. 4765 on Wednesday, September 19, and reported it to the House with an amendment in the nature of a substitute, by a vote of 37 to 1.

It is my understanding that the process of negotiation and compromise which resulted in a successful markup in the Interior Committee resembled a combination of the Budget Summit and German Reunification. It is not our intention here today to do anything which would interfere with the substantive jurisdiction of the Interior Committee or the agreements which have been carefully crafted on this important piece of legislation.

It would be my hope that the Subcommittee on Rules would forward the bill, along with an amendment in the nature of a substitute identical to the text approved by the Interior Committee, to the full Rules Committee with a favorable recommendation.

The jurisdiction of the Committee on Rules over this bill derives from various procedural provisions affecting the Rules of the House.

Specifically, several sections of H.R. 4765 and the Interior Committee substitute mandate certain actions by Congress and its committees in the consideration of legislation in the 102d Congress, in 1992, to implement the results of the Puerto Rican referendum.

The referendum, authorized by the bill before us today, is expected to occur on September 16, 1991.

H.R. 4765 contains expedited procedures to implement whichever status option-a new commonwealth relationship, statehood or independence is freely selected by the people of Puerto Rico.

While the Rules Committee is not enamored of expedited procedures or other procedures which function outside the normal Rules of the House, in this case their inclusion will serve to reassure the people of Puerto Rico that Congress will act if Puerto Rico votes by a majority for one of the status options.

The Interior Committee and the Rules Committee consulted on the procedural language which was adopted by the Interior Committee in its substitute amendment.

I would note that it is unlikely that the future implementing legislation following the referendum would actually be called up using this expedited procedure. We would almost certainly use the normal procedures of the House, giving the legislation a rule from the Rules Committee and providing for its orderly scheduling and consideration on the House floor.

But regardless of any technical details about process which might be employed in the future, with passage of H.R. 4765 the people of Puerto Rico have the commitment of the House and Senate to move forward in the next Congress to give their decision in the referendum the force of law.

With that, we will hear from the Honorable Jerry Solomon, who has an opening statement.

OPENING STATEMENT OF HON. GERALD B.H. SOLOMON, RANKING MINORITY MEMBER OF THE SUBCOMMITTEE ON RULES OF THE HOUSE

Mr. SOLOMON. Mr. Chairman, I will be very, very brief. I want to welcome the Members here who will be testifying, particularly Ron de Lugo and Bob Lagomarsino, whom I participated with when I was on the Foreign Affairs Committee. A number of years ago, we were dealing with the status of Micronesia, the Marshall Islands,