[Congressional Record Volume 142, Number 29 (Wednesday, March 6, 1996)]
[Extensions of Remarks]
[Pages E299-E300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             UNITED STATES-PUERTO RICO POLITICAL STATUS ACT

                                 ______


                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                        Wednesday, March 6, 1996

  Mr. YOUNG of Alaska. Mr. Speaker, today, the introduction of the 
United States-Puerto Rico Political Status Act will, for the first time 
in nearly a century of U.S. administration, provide a congressionally 
recognized framework for the inhabitants 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 
United States-Puerto Rico relationship toward a conclusive one of full 
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 Native 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 cochaired 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 of the aisle.
  This matter of tremendous importance to the United States and the 
nearly 4 million United States 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 Puerto Rico status dilemma. The legislation 
divides the process into three manageable stages which follow 
historical precedent set by the Congress in providing for final 
political statuses of territories and trust territories during this 
century.
  The first step in the process is the initial decision stage in which 
voters are asked which fundamental relationship they prefer with the 
United States--one of separate sovereignty leading to independence or 
free association or under United States sovereignty leading to 
statehood.
  The second and final steps are the transition and implementation 
stages which follow the historical patterns of enabling and admission 
acts for territories becoming States and similar measures for insular 
areas becoming separate sovereigns.
  If this self-determination process does not result in voter approval 
of one of the rcognized options for full self-government, then by 
democratic choice of the voters--instead of by Federal mandate--the 
status quo will continue and Puerto Rico will remain a locally self-
governing unincorporated territory under congressional administration.
  Under the U.S. Constitution and applicable principles of 
international law, the three recognized options for full self-
government are independence, separate sovereignty in free association 
with the United States, and full integration into the United States 
leading to statehood. In order for Congress to determine how to respond 
to the aspirations of the people of Puerto Rico regarding a permanent, 
future political status in a manner which promotes and preserves the 
U.S. long-term national interest, we need to address the status 
question based on clearly defined principles and standards. This is 
precisely what the bill does.

  Locally conducted plebiscites have been inconclusive, and were unduly 
influenced by vested interests exploiting the status quo. It is time 
for the U.S. Congress to meet its responsibility under the Constitution 
to provide for a self-determination procedure in which the U.S. 
national interest in resolving the status issue is taken into account, 
rather than allowing the issue to be dominated by local political 
rivalries and interference from those who thrive opportunistically on 
the present territorial status. The United States also has a right of 
self-determination and this process requires action by both the United 
States and Puerto Rico in order to advance toward a full self-
government relationship.
  After 400 years of colonial rule by Spain ended in 1898, it should 
not have taken another 100 years of American administration for the 
U.S. Congress to define the options for full and permanent self-
government. The United States-Puerto Rico Status Act permits full self-
government to be realized in Puerto Rico in definitive steps, with a 
smooth transition to whatever form of full self-government the people 
choose: independence, separate sovereignty in free association with the 
United States, or statehood.
  There is an important event which took place recently which is 
relevant to the introduction of this legislation. On February 29, 1996, 
I joined three other House committee and subcommittee chairmen from the 
Committees on Resources and International Relations in responding to 
Concurrent Resolution 62 of the Puerto Rico Legislature.
  In the Concurrent Resolution the legislature asks the 104th Congress 
to respond to the results of the November 14, 1993, status plebiscite 
in Puerto Rico, wherein the Commonwealth ballot proposition received a 
plurality of 48.6 percent votes cast, and to indicate the next steps in 
resolving Puerto Rico's political status. After extensive research, 
oversight, and a joint hearing, a substantial record was developed 
enabling a concise response to Concurrent Resolution 62.
  Following is the text of the response to the President of the Senate 
and Speaker of the House of the Puerto Rico Legislature:
                                         House of Representatives,


                                       Committee on Resources,

                                Washington, DC, February 29, 1996.
     Hon. Roberto Rexach-Benitez,
     President of the Senate.
     Hon. Zaida Hernandez-Torres,
     Speaker of the House of Commonwealth of Puerto Rico, San 
         Juan, Puerto Rico.
       Dear Mr. Rexach-Benitez and Ms. Hernandez-Torres: The 
     Committee on Resources and the Committee on International 
     Relations are working cooperatively to establish an official 
     record which we believe will enable to House to address the 
     subject-matter of Concurrent Resolution 62, adopted by the 
     Legislature of Puerto Rico on December 14, 1994. While the 
     specific measures addressing Puerto Rico's status which the 
     104th Congress will consider are still being developed, we 
     believe the history of the self-determination process in 
     Puerto Rico, as well as the record of the Joint Hearing 
     conducted on October 17, 1995 by the Subcommittee on Native 
     American and Insular Affairs and the Subcommittee on Western 
     Hemisphere, lead to the following conclusions with respect to 
     the plebiscite conducted in Pertro Rico on November 14, 1993:
       1. The plebiscite was conducted under local law by local 
     authorities, and the voting process appears to have been 
     orderly and consistent with recognized standards for lawful 
     and democratic elections. This locally organized self-
     determination process was undertaken within the authority of 
     the constitutional government of Puerto Rico, and is 
     consistent with the right of the people of Puerto Rico freely 
     to express their wishes regarding their political status and 
     the form of government under which they live. The United 
     States recognizes the right of the people of Puerto Rico to 
     self-determination, including the right to approve any 
     permanent political status which will be established upon 
     termination of the current unincorporated territory status. 
     Congress will take cognizance of the 1993 plebiscite results 
     in determining future Federal policy toward Puerto Rico.
       2. The content of each of the three status options on the 
     ballot was determined by the three major political parties in 
     Puerto Rico identified with those options, respectively. The 
     U.S. Congress did not adopt a formal position as to the 
     feasibility of any of the options prior to presentation to 
     the voters. Consequently, the results of the vote 
     necessarily must be viewed as a an expression of the 
     preferences of those who voted as between the proposals 
     and advocacy of the three major political parties for the 
     status option espoused by each such party.
       3. None of the status options presented on the ballot 
     received a majority of the votes cast. While the commonwealth 
     option on the ballot received a plurality of votes, this 
     result is difficult to interpret because that option 
     contained proposals to profoundly change rather than continue 
     the current Commonwealth of Puerto Rico government structure. 
     Certain elements of the commonwealth option, including 
     permanent union with the United States and guaranteed U.S. 
     citizenship, can only be achieved through full integration 
     into the U.S. leading to statehood. Other elements of the 
     commonwealth option on the ballot, including a government-to-
     government bilateral pact which cannot be altered, either are 
     not possible or could only be partially accomplished through 
     treaty arrangements based on separate sovereignty. While the 
     statehood and independence options are more clearly defined, 
     neither of these options can be fully understood on the 
     merits, unless viewed in the context of clear Congressional 
     policy regarding the terms under which either option could be 
     implemented if approved in a future plebiscite recognized by 
     the federal government. Thus, there is a need for Congress to 
     define the real options for change and the true legal and 
     political nature of the status quo, so that the people can 
     know what the actual choices will be in the future.
       4. Although there is a history of confusion and ambiguity 
     on the part of some in the U.S. and Puerto Rico regarding the 
     legal and political nature of the current ``commonwealth'' 
     local government structure and territorial status, it is 
     incontrovertible that

[[Page E300]]

     Puerto Rico's present status is that of an unincorporated 
     territory subject in all respects to the authority of the 
     United States Congress under the Territorial Clause of the 
     U.S. Constitution. As such, the current status does not 
     provide guaranteed permanent union or guaranteed citizenship 
     to the inhabitants of the territory of Puerto Rico, nor does 
     the current status provide the basis for recognition of a 
     separate Puerto Rican sovereignty or a binding government-to-
     government status pact.
       5. In light of the foregoing, the results the November 14, 
     1993 vote indicates that it is the preference of those who 
     cast ballots to change the present impermanent status in 
     favor of a permanent political status based on full self-
     government. The only options for a permanent and fully self-
     governing status are: (1) separate sovereignty and full 
     national independence, (2) separate sovereignty in free 
     association with the United States; (3) full integration into 
     the United States political system ending unincorporated 
     territory status and leading to statehood.
       6. Because each ballot option in the 1993 plebiscite 
     addressed citizenship, we want to clarify this issue. First, 
     under separate sovereignty Puerto Ricans will have their own 
     nationality and citizenship. The U.S. political status, 
     nationality, and citizenship provided by Congress under 
     statutes implementing the Treaty of Paris during the 
     unincorporated territory period will be replaced by the new 
     Puerto Rican nationhood and citizenship status that comes 
     with separate sovereignty. To prevent hardship or unfairness 
     in individual cases, the U.S. Congress may determine the 
     requirements for eligible persons to continue U.S. 
     nationality and citizenship, or be naturalized, and this will 
     be governed by U.S. law, not Puerto Rican law. If the voters 
     freely choose separate sovereignty, only those born in Puerto 
     Rico who have acquired U.S. citizenship on some other legal 
     basis outside the scope of the Treaty of Paris citizenship 
     statutes enacted by Congress during the territorial period 
     will not be affected. Thus, the automatic combined Puerto 
     Rican and U.S. citizenship described under the definition of 
     independence on the 1993 plebiscite ballot was a proposal 
     which is misleading and inconsistent with the fundamental 
     principles of separate nationality and non-interference by 
     two sovereign countries in each other's internal affairs, 
     which includes regulation of citizenship. Under statehood, 
     guaranteed equal U.S. citizenship status will become a 
     permanent right. Under the present Commonwealth of Puerto 
     Rico government structure, the current limited U.S. 
     citizenship status and rights will be continued under Federal 
     law enacted under the Territorial Clause and the Treaty of 
     Paris, protected to the extent of partial application of the 
     U.S. Constitution during the period in which Puerto Rico 
     remains an unincorporated territory.
       7. The alternative to full integration into the United 
     States or a status based on separate sovereignty is 
     continuation of the current unincorporated territory status. 
     In that event, the present status quo, including the 
     Commonwealth of Puerto Rico structure for local self-
     government, presumably could continue for some period of 
     time, until Congress in its discretion otherwise determines 
     the permanent disposition of the territory of Puerto Rico and 
     the status of its inhabitants through the exercise of its 
     authority under the Territorial Clause and the provisions of 
     the Treaty of Paris. Congress may consider proposals 
     regarding changes in the current local government structure, 
     including those set forth in the ``Definition of 
     Commonwealth'' on the 1993 plebiscite ballot. However, in our 
     view serious consideration of proposals for equal treatment 
     for residents of Puerto Rico under Federal programs will not 
     be provided unless there is an end to certain exemptions from 
     federal tax laws and other non-taxation in Puerto Rico, so 
     that individuals and corporations in Puerto Rico have the 
     same responsibilities and obligations in this regard as the 
     states. Since the ``commonwealth'' option on the 1993 
     plebiscite ballot called for ``fiscal autonomy,'' which is 
     understood to mean, among other things, continuation of the 
     current exemptions from federal taxation for the territory, 
     this constitutes another major political, legal and economic 
     obstacle to implementing the changes in Federal law and 
     policy required to fulfill the terms of the ``Definition 
     of Commonwealth.''
       8. In addition, it is important to recognize that the 
     existing Commonwealth of Puerto Rico structure for local 
     self-government, and any other measures which Congress may 
     approve while Puerto Rico remains an unincorporated 
     territory, are not unalterable in a sense that is 
     constitutionally binding upon a future Congress. Any 
     provision, agreement or pact to the contrary is legally 
     unenforceable. Thus, the current Federal laws and policies 
     applicable to Puerto Rico are not unalterable, nor can they 
     be made unalterable, and the current status of the 
     inhabitants is not irrevocable, as proposed under the 
     ``commonwealth'' option on the 1993 plebiscite ballot. 
     Congress will continue to respect the principle of self-
     determination in its exercise of Territorial Clause powers, 
     but that authority must be exercised within the framework of 
     the U.S. Constitution and in a manner deemed by Congress to 
     best serve the U.S. national interest. In our view, promoting 
     the goal of full self-government for the people of Puerto 
     Rico, rather than remaining in a separate and unequal status, 
     is in the best interests of the United States. This is 
     particularly true due to the large population of Puerto Rico, 
     the approach of a new century in which a protracted status 
     debate will interfere with Puerto Rico's economic and social 
     development, and the domestic and international interest in 
     determining a path to full self-government for all 
     territories with a colonial history before the end of this 
     century.
       9. The record of the October 17, 1995 hearing referred to 
     above makes it clear that the realities regarding 
     constitutional, legal and political obstacles to implementing 
     the changes required to fulfill the core elements of the 
     ``commonwealth'' option on the ballot were not made clear and 
     understandable in the public discussion and political debate 
     leading up to the vote. Consequently, Congress must determine 
     what steps the Federal government should take in order to 
     help move the self-determination process to the next stage, 
     so that the political status aspirations of the people can be 
     ascertained through a truly informed vote in which the wishes 
     of the people are freely expressed within a framework 
     approved by Congress. Only through such a process will 
     Congress then have a clear basis for determining and 
     resolving the question of Puerto Rico's future political 
     status in a manner consistent with the national interest.
       Ultimately, Congress alone can determine Federal policy 
     with respect to self-government and self-determination for 
     the residents of Puerto Rico. It will not be possible for the 
     local government or the people to advance further in the 
     self-determination process until the U.S. Congress meets its 
     moral and governmental responsibility to clarify Federal 
     requirements regarding termination of the present 
     unincorporated territory status of Puerto Rico in favor of 
     one of the options for full self-government.
       The results of the locally administered 1993 vote are 
     useful in this regard, but in our view are not definitive 
     beyond what has been stated above. The question of Puerto 
     Rico's political status remains open and unresolved.
           Sincerely,
     Don Young,
       Chairman, Committee on Resources.
     Elton Gallegly,
       Chairman, Subcommittee on Native American and Insular 
     Affairs.
     Ben Gilman,
       Chairman, Committee on International Relations.
     Dan Burton,
       Chairman, Subcommittee on the Western Hemisphere.

                          ____________________