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_^^_^ U.S.-PUERTO RICO POLITICAL STATUS ACT V Y 4, R 31/3: 104-87 NG U.S. -Puerto Rico Political Status «... .HE 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.. D '> 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) ^ Page 199<^Sovere,gnty or statehood to °°Tottof ChVolTe*datd''Mtchl4. ^^^ W Puerto Rico by 2° -v'- :.;: p-.:(oR|c-„ status Act .^^ 182 KTorTTm*/d"?rM!S^S^1?6^Hean„gWe,ghs^ ^^^ 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 hearing, 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 today's hearing has limited the number who will present their testimonies 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 status. 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 defined 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 implementation 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 independence 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 during the first half of the 20th century, these critical stages of development 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 defined 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 process 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 government as a road map, with Puerto Rico as the car. Although Puerto Rico made remarkable progress in local self government 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 governor 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 separate 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 territory. However, if the Transition Plan is approved, Puerto Rico moves forward along the path toward self government in a 10-year transition. The final implementation of stage begins at least two years before 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 development 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 sovereign, 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