Table Of Content_^^_^
U.S.-PUERTO RICO POLITICAL STATUS ACT
V
Y 4, R 31/3: 104-87
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U.S. -Puerto Rico Political Status «...
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SUBCOMMITTEE OX XATR^ A.MERICAX & IXSUIAR
AFFAIRS
OF THE
COMMITTEE ON RESOURCES
HOUSE OP REPRESENTATR^S
ONE HUNDRED FOURTH CONGRESS
SECOND SESSION
ON
H.R. 3024
TO PROVIDE A PROCESS LEADING TO FULL SELF-GOVERNMENT
FOR PUERTO RICO
MARCH 23, 1996—SAN JUAN, PI
Serial No. 104-87
Printed for the use of the Committee on Resources
/?
U.S. GOVERNMENT PRINTING OFFICE
24-926 cc WASHINGTON 1996
:
Forsale by the U.S. Government PrintingOffice
SuperintendentofDocuments, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-053513-1
U.S.-PUERTO RICO POLITICAL STATUS ACT
Y 4. R 31/3:104-87
NG
U.S. -Puerto Rico Politicil Status »...
.HE
SUBCOM.AIITTEE OX XATRTE A.\IERIC.\X & IXSUIAR
AJ^TAIRS
OF THE
COMMITTEE ON RESOURCES
HOUSE OF REPRESENTATR^S
ONE HUNDRED FOURTH CONGRESS
SECOND SESSION
ON
H.R. 3024
TO PROVIDE A PROCESS LEADING TO FULL SELF-GOVERNMENT
FOR PUERTO RICO
MARCH 23, 1996—SAN JUAN, PI
Serial No. 104-87
Printed for the use of the Committee on Resources
'4..
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U.S. GOVERNMENT PRINTING OFFICE
24-926 cc WASHINGTON 1996
:
Forsale by the U.S. Government PrintingOffice
Superintendent ofDocuments,Congressional SalesOffice, Washington, DC 20402
ISBN 0-16-053513-1
COMMITTEE ON RESOURCES
DON YOUNG, Alaska, Chairman
W.J. (BILLY) TAUZIN, Louisiana GEORGE MILLER, California
JAMES V. HANSEN, Utah EDWARD J. MARKEY, Massachusetts
JIM SAXTON, New Jersey NICK J. RAHALL II, West Virginia
ELTON GALLEGLY, California BRUCE F. VENTO, Minnesota
JOHN J. DUNCAN, Jr., Tennessee DALE E. KILDEE, Michigan
JOEL HEFLEY, Colorado PAT WILLIAMS, Montana
JOHN T. DOOLITTLE, California SAM GEJDENSON, Connecticut
WAYNE ALLARD, Colorado BILL RICHARDSON, New Mexico
WAYNE T. GILCHREST, Maryland PETER A. DeFAZIO, Oregon
KEN CALVERT, California ENI F.H. FALEOMAVAEGA, American
RICHARD W. POMBO, California Samoa
PETER G. TORKILDSEN, Massachusetts TIM JOHNSON, South Dakota
J.D. HAYWORTH, Arizona NEIL ABERCROMBIE, Hawaii
FRANK A. CREMEANS, Ohio GERRY E. STUDDS, Massachusetts
BARBARA CUBIN, Wyoming SOLOMON P. ORTIZ, Texas
WES COOLEY, Oregon OWEN B. PICKETT, Virginia
HELEN CHENOWETH, Idaho FRANK PALLONE, Jr., New Jersey
LINDA SMITH, Washington CALVIN M. DOOLEY, California
GEORGE P. RADANOVICH, CaUfornia CARLOS A. ROMERO-BARCELO, Puerto
WALTER B. JONES, Jr., North Carohna Rico
WILLIAM M. (MAC) THORNBERRY, Texas MAURICE D. HINCHEY, New York
RICHARD (DOC) HASTINGS, Washington ROBERT A. UNDERWOOD, Guam
JACK METCALF, Washington SAM FARR, California
JAMES B. LONGLEY, Jr., Maine PATRICK J. KENNEDY, Rhode Island
JOHN B. SHADEGG, Arizona
JOHN E. ENSIGN, Nevada
Daniel Val Kish, Chiefof Staff
Elizabeth Megginson, Chief Counsel
Christine A. Kennedy, Chief Clerk/Administrator
John Lawrence, Minority StaffDirector
SUBCOMMITTEE ON NATIVE AMERICAN & INSULAR AFFAIRS
ELTON GALLEGLY, California, Chairman
DON YOUNG, Alaska ENI F.H. FALEOMAVAEGA, American
WAYNE T. GILCHREST, Maryland Samoa
WALTER B. JONES, Jr., North Carohna DALE E. KILDEE, Michigan
RICHARD (DOC) HASTINGS, Washington PAT WILLIAMS, Montana
JACK METCALF, Washington TIM JOHNSON, South Dakota
JAMES B. LONGLEY, Jr., Maine CARLOS A. ROMERO-BARCELO, Puerto
Rico
ROBERT UNDERWOOD, Guam
A.
Tim Glidden, Counsel
T.E. Manase Mansur, Professional Staff
Christopher Stearns, Democratic Counsel
(II)
CONTENTS
Page
Hearing held March 23, 1996 1
Text ofH.R. 3024 87
Statements ofMembers:
Abercrombie, Hon. Neil, a U.S. Representative from Hawaii 12
Burton, Hon. Dan, a U.S. Representative from Indiana 9
Kennedy, Hon. Patrick, a U.S. Representative from Rhode Island 15
Romero-Barcelo, Hon. Carlos, a U.S. Delegate from Puerto Rico 6
Roth, Hon. Toby, a U.S. Representative from Wisconsin 12
Underwood, Hon. Robert, a U.S. Delegate from Guam 14
Young, Hon. Don, a U.S. Representative from Alaska 1
Statements ofwitnesses:
Aboy, Roberto Buso, Bar Association ofPuerto Rico 78
Prepared statement 172
Acevedo, President Hector Luis, Popular Democratic Party 32
Prepared statement Ill
Brown, Chairman Herbert W., Ill, Citizens Educational Foundation 76
Prepared statement 143
De Rosario, Pilar Barbosa (prepared statement) 202
Fas-Alzamora, Antonia J., Esq 74
Prepared statement 139
Ferre, Luis A., founder and representative of the New Progressive Party
ofPuerto Rico 54
Garcia-Passalacqua, Juan M., Presidente, Analsis Incorporado 64
Prepared statement 105
Loubriel, Wilson M.{prepared statement) 207
Martinez, President Ruben Berrios, Puerto Rican Independence Party 48
Prepared statement 115
Martinez, Noel Colon (prepared statement) 225
Ortiz, Angel Israel Rivera (prepared statement) 212
Ramirez de Ferrer, Dr. Miriam J. (prepared statement) 192
Rossello, Governor Pedro, from Puerto Rico 17
Vega-Romos, Luis, President, PROELA 66
Prepared statement 124
Additional material supplied:
Bush, President George: Memorandum on the Commonwealth of Puerto
Rico, dated Nov. 30, 1992 173
De Rosario, Pilar Barljosa: Letter dated March 24, 1996, to Don Young .... 183
Ferre, Luis A.: Letter dated March 12, 1996, to Hon. Don Young 233
Ford, President Gerald R.: Letter dated Jan. 14, 1977, to Speaker of
the House 246
Joint Letter from 32 signers, dated March 4, 1996, to Hon. Elton
Gallegly 236
Rossello, Pedro: Letter dated March 13, 1996, to Hon. Elton Gallegly 235
Torres, Zaida Hernandez: Letter dated March 1, 1996, to Hon. Elton
Gallegly 231
Valentin, Manuel Roman: Letter dated Jan. 23, 1996, to Hon. Don Young 238
Vidal, Ramon E. Dapena: Letter dated Feb. 9, 1996, to Hon. Don Young .. 223
Young, Don:
Letter dated Feb. 29, 1996, to Mr. Roberto Rexach-Benitez and Ms.
Hernandez-Torres 174
Letter dated March 4, 1996, to Colleague 179
Communications submitted:
Congressional Record excerpt dated March 6, 1996, Vol. 142 No. 29 180
(III)
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on Puerto Rico
U.S.-PUERTO RICO POLITICAL STATUS ACT
SATURDAY, MARCH 23, 1996
House of Representatives, Subcommittee on Native
American and Insular Affairs, Committee on Re-
sources,
San Juan, Puerto Rico
The subcommittee met, pursuant to notice, at 10:00 a.m., at Gov-
ernment Reception Center, Old San Juan, Puerto Rico, the Honor-
able Don Young [Chairman] presiding.
STATEMENT OF THE HON. DON YOUNG, A REPRESENTA-
U.S.
TIVE FROM ALASKA; AND CHAIRMAN, COMMITTEE ON RE-
SOURCES
Mr. Young. It is my intention to keep our hearing on schedule.
This is the first hearing in Puerto Rico on the Legislation H.R 3024
United States-Puerto Rico Political Status Act.
I will make an opening statement, and then I will recognize Mr.
Romero-Barcelo, as your delegate, and then alternate between each
member of the committee.
I would like to thank the members for being here for this hear-
ing, this historical moment, and the audience, which I hope will
participate in the feeding of information.
When I became chairman I made the decision to bring the Unit-
ed States Government to the people, and have hearings in the
areas in which the people are affected.
It is an honor t—o be here today in this inte—rnationally renowned
city of San Juan in the gorgeous weather regarding an issue
that has gone unresolved for many centuries: providing a process
leading to full self government of Puerto Rico.
[Applause.]
Mr. Young. Let me thank our distinguished witnesses for their
willingness to appear before the subcommittee today and share
—
their differing views and I mention that differing views regarding
legislation now pending in the Congress, and the subject of this
hearing, the United States-Puerto Rico Political Status Act of H.R.
3024.
We received a large number of requests to testify from many sec-
tors of Puerto Rico. Although the amount of time available for to-
day's hearing has limited the number who will present their testi-
monies orally, all other requesters have been notified by letter that
they may submit their written statements for the official hearing
file.
(1)
All of the testimonies submitted will be reviewed and considered
as the bill moves through the legislative process. All of your input
is valued and appreciated.
I also want to thank the Legislature of Puerto Rico, and I am ad-
dressing all members of all parties for their cooperation with this
hearing. I understand that some may not be in favor of the pending
legislation, but again, I thank you for your cooperation.
It is indeed appropriate for the second hearing of the 104th Con-
gress on the issue of Puerto Rico's status be held near the Capital.
It is the Legislature of Puerto Rico who called upon the 104th Con-
gress to respond to the results of the 1993 status plebiscite and to
indicate the next steps in the process to resolve Puerto Rico's sta-
tus.
We
are here today fundamentally because of a very special docu-
— —
ment a very special document the Constitution of the United
States.
The United States is a constitutional democracy, which means
the government of the people, based on the provisions of the Con-
stitution.
The roles of the Presidents, the courts, and the Congress are de-
fined by the Constitution.
Congress is given the responsibility for territories. According to
Article IV, "The Congress shall have the power to dispose of and
make all needful rules and regulations respecting the territory or
other property belonging to the United States."
In the Congress, it is the Committee on Resources of the House
that has jurisdiction for those territories. In other words, the buck
stops here. I know from experience that territorial issues can be
difficult to resolve.
When the Legislature of Puerto Rico enacted Concurrent Resolu-
tion 62, asking the 104th Congress to respond to the results of the
1993 status plebiscite, and to indicate the next steps necessary for
Puerto Rico to resolve the status issue, I realized we should base
a legislative proposal on the proven successes of this century.
If you'll look at the display behind me, there have been 10 areas
under the sovereignty or control of the United States during the
20th century which have attained permanent self government.
Five of these became separate sovereigns, as either independent
or freely associated States; and the other five territories became
States of the Union.
Full self government has generally been developed in three
stages involving an initial decision, a transition period, and an im-
plementation act.
In the case of the Philippines, which also came under United
States sovereignty with Puerto Rico under the Treaty of Paris,
—
there was an initial decision in 1916 by the United States in the
Philippines to seek separate sovereignty.
In 1934, Congress enacted a 10-year transition plan for the Com-
monwealth of the Philippines, which culminated with an independ-
ence act in 1946, from 1916 to 1946.
The latest areas under United States Administration to gain self
government are the free associated States of the Marshall Islands,
Palau, and the Federated States of Micronesia.
Although Puerto Rico experienced increased self government dur-
ing the first half of the 20th century, these critical stages of devel-
opment of full self government have yet to occur.
It is clear that in order for Puerto Rico to advance toward full
self government in an orderly manner, legislation must provide for
these three stages, beginning with an initial decision of choices de-
fined by Congress and approved by the people of Puerto Rico.
I want to stress that. Being from Alaska we went through the
same thing. Defined by Congress and approved by the people of
Puerto Rico.
The United States Puerto Rico Political Status Act, H.R. 3024,
uses all three historical stages to provide a careful and slow proc-
ess leading to full self-government.
Let me explain this three stage process of the United States-
Puerto Rico Political Status Act.
First, it helps to envision the process leading to full self govern-
ment as a road map, with Puerto Rico as the car.
Although Puerto Rico made remarkable progress in local self gov-
ernment by mid-century, with the direct election of Governor and
the authorization and conditional approval by Congress of a local
constitution, there has been no other significant advances in self
government.
Clearly Puerto Rico has eclipsed all other territories in the level
of self government at that time. Only Puerto Rico elected their gov-
ernor and operated under a local constitution.
However, since that time, the other territories have either be-
come fully self governing, or have also reached a similar level of
self government. For over 40 years, Puerto Rico has been poised at
the junction of different paths toward self government.
On April 18, 1952, President Harry Truman responded to a letter
of Governor Muiioz regarding the recent adoption of the Constitu-
tion of the Commonwealth of Puerto Rico by stating, "I think we
have made great strides. The adoption of the constitution that per-
sonally gives Puerto Rico the status of a State in the Union is a
wonderful step in the right direction."
That was President Truman.
The initial decision stage of the legislation permits—Puerto Rico
to decide which path to follow toward self government either sep-
arate sovereignty leading to independence, or free association, or
United States sovereignty leading to statehood.
The vote would be conducted by Puerto Rico before the end of
1998. The President then would send Congress a Transition Plan
for full self government based upon the outcome of the referendum.
After Congress passes the Transition Plan, Puerto Rico would
have another vote. If the Transition Plan is not approved in the
second Transition Stage Referendum, the Commonwealth of Puerto
Rico would remain at the fork in the road as an unincorporated ter-
ritory.
However, if the Transition Plan is approved, Puerto Rico moves
forward along the path toward self government in a 10-year transi-
tion.
The final implementation of stage begins at least two years be-
fore the end of the transition period with the President sending
Congress a proposed Implementation Act.
—
After Congress passes the Implementation Act, the third vote is
held in Puerto Rico. If the Implementation Act is not approved,
Puerto Rico remains under the United States sovereignty.
However, if the Act is approved, Puerto Rico arrives at the end
of the path and attains full, permanent, full self government, either
through separate sovereignty of independence, or free association,
or through the United States Sovereignty and Statehood.
During this century, the number of years it has taken for areas
under United States control to achieve full self government has
varied greatly. And I want to stress that. If you look at that, this
century has taken a lot of different time for different areas.
Cuba became independent in three years, and Oklahoma became
a State after 104 years.
Under the timeframes set forth in the legislation for the develop-
ment of full self government, including a 10-year transition, Puerto
Rico can reach full self government in the year 2010, or after 113
years of United States government control. The longest time for
any territory.
The territorial clause will no longer apply when Puerto Rico be-
comes a separate sovereign or a State.
I believe full self government will be in the best interests of both
the United States and Puerto Rico, whether as a separate sov-
ereign, or as a State of the the Union.
The people of P—uerto Rico have a right to be fully enfranchised
not defranchised enfranchised, either on their own as a separate
sovereign, or within the United States political system as a State.
I look forward to hearing the testimony after the other Congress-
men make their presentations. I am open to suggestions. I want to
stress that. I am open to suggestion. This is a hearing process.
I am open to suggestion to improve the bill, as long as it remains
consistent with the overall objective to provide a process leading to
full self government for Puerto Rico.
Thank you.
[Applause.]
[The prepared statements of Hon. Don Young and Hon. Elton
Gallegly follow:]
Statement of Hon. Don Young
Today, the introduction of the "United States-Puerto Rico PoHtical Status Act"
will, for the first time in nearly a century ofU.S. administration, provide a Congres-
sionally recognized frame work for the inhabitant of Puerto Rico to freely express
their wishes regarding the options for full self-government.
I want to acknowledge the insightful leadership of Speaker Newt Gingrich in
working with the Committee to formulate a process to advance the U.S.-Puerto Rico
relationship towards a conclusive one offull self-government.
A number of Members have been supportive and instrumental in the development
of the legislation, including Elton Gallegly, Chairman of the Subcommittee on Na-
tive American and Insular Affairs of the Committee on Resources, Ben Gilman,
Chairman of the Committee on International Relations, and Dan Burton, Chairman
of the subcommittee on the Western Hemisphere who co-chaired with Mr. Gallegly
the October 17, 1995 joint hearing on the 1993 Puerto Rico status plebiscite. There
also has been substantial input from Members on the other side ofthe aisle.
This matter of tremendous importance to the United States and the nearly 4 mil-
lion U.S. citizens in Puerto Rico can only be resolved by adhering to constitutionally
and internationally based principles and standards for full self-government.
While many may misconstrue this legislation to be designed to benefit one local
Puerto Rico political party over another, it is in fact a serious bipartisan effort to
enact into law a pragmatic process with the long-term objective of resolving the
