[Congressional Record Volume 144, Number 19 (Tuesday, March 3, 1998)]
[Extensions of Remarks]
[Page E269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           NOTES ON H.R. 856

                                 ______
                                 

                         HON. DANA ROHRABACHER

                             of california

                    in the house of representatives

                         Tuesday, March 3, 1998

  Mr. ROHRABACHER. Mr. Speaker, before this House votes on H.R. 856, I 
want to inform my colleagues of a very recent development concerning 
one of the status options.
  One of the most controversial issues in this legislation is the 
exclusion of an autonomy option that satisfies Puerto Ricans and that 
complies with the strict criteria of constitutional constraints and 
public policy imperatives.
  Under H.R. 856, Puerto Ricans that do not favor either independence 
or statehood are forced to opt from the equally undesired extremes of 
plenary territorial subordination or a free association formula that is 
really so undefined that it is practically indistinguishable from full 
independence.
  We must offer the people of Puerto Rico fair and realistic options 
that are clearly and fully defined. That being the case, I want to 
bring to the attention of this House a proposal that has recently been 
circulated in Washington and Puerto Rico.
  This proposal calls for the development of the present status into a 
relationship of autonomy within the context of a Treaty of Union 
between Puerto Rico and the United States. It has been suggested by 
former Puerto Rico Senate and Popular Democratic Party President, 
Miguel Hernandez Agosto. Many of you may know Senator Hernandez Agosto 
as the person in charge of the pro-commonwealth party during the 1993 
plebiscite which they won.
  The Treaty of Union proposal has been endorsed or welcomed in Puerto 
Rico by prominent pro-commonwealth leaders like the Mayors of Ponce, 
Carolina, Caguas, San Juan and various other civic groups and 
legislators.
  This proposal represents a fresh approach in the attempt to develop 
commonwealth into a fuller measure of self-government that is 
compatible with continued ties to the U.S.
  This association would operate under a nation-to-nation agreement 
that will encapsulate, among others, the defense, common market, 
citizenship and currency provisions that are so relevant to both the 
U.S. and Puerto Rico. It also permits Puerto Rico to retain and affirm 
its distinct culture and linguistic identity.
  I sincerely hope that if discussion on political status moves 
forward, Congress will have the opportunity to properly and seriously 
analyze this deserving and innovative approach.

                              Amendment #4

                         (Autonomy Definition)

       P. 12, Sec. 4: Strike out completely page 12 and in lieu 
     thereof insert the following: A. Autonomy--if you agree, mark 
     here___
       The people of Puerto Rico, in the exercise of its natural 
     right, and of its free will as the source of all political 
     power, do hereby establish an autonomous body politic in 
     union with the United States of America under a treaty which 
     cannot be altered unilaterally and subject to the following:
       (1) Puerto Rico will control and determine its own 
     nationality and citizenship, provided that the United States 
     citizens born in Puerto Rico will retain such citizenship, 
     unless they voluntarily renounce it, and will be entitled to 
     the same rights and privileges as any other United States 
     citizen.
       (2) Puerto Rico will have the authority and responsibility 
     for its internal and external affairs, including, but not 
     limited to, language, olympic and diplomatic representation, 
     customs, enter into agreements to foster its economic 
     development by joining regional and international trade 
     agreements. Puerto Rico may enter into tax-sparring 
     agreements with other nations which may have an effect on its 
     economy similar to the 936 provision of the U.S. Internal 
     Revenue Code, recently abolished. The United States will 
     encourage and support the participation of Puerto Rico in 
     such regional and international organizations.
       (3) The United States and Puerto Rico will exchange 
     diplomatic representations and will maintain continuous and 
     friendly consultations with the purpose of achieving 
     concerted actions on foreign affairs.
       (4) A common market will exist between Puerto Rico and the 
     United States which would permit free flow of persons, goods, 
     and services between both nations.
       (5) The United States will maintain its authority and 
     responsibility over defense matters. This would include:
       (a) Responsibility for the defense of Puerto Rico and its 
     people in the same manner as to the United States and its 
     people.
       (b) The United States, at its option, may deny or limit 
     access of any foreign power of facilities in Puerto Rico.
       (c) The United States, at its option, may own and maintain 
     in Puerto Rico the military bases or installations presently 
     operating in Puerto Rico under the terms of specific 
     agreements.
       (d) Any Additional needs will be considered and agreed upon 
     on separate and specific accords.
       (6) Except for property needed for defense purposes, all 
     other property under Federal Ownership will be transferred to 
     Puerto Rico.
       (7) The official U.S. currency will be the official 
     currency of Puerto Rico and all Federal applicable laws are 
     made part of the compact.
       (8) With the purpose of assisting the government of Puerto 
     Rico to promote the economic well being of its people and in 
     recognition of the special present and future relations 
     between Puerto Rico and the United States, the United States 
     will provide a block grant in an amount at least equal to the 
     amounts provided to the government of Puerto Rico. 
     Individuals will maintain federal entitlements such as social 
     security, veterans benefits, and others on the same basis as 
     at present.
       (9) Except for currency and defense, federal laws will 
     cease to apply to Puerto Rico, unless otherwise agreed, 
     effective on the date in which this compact becomes 
     effective.
       (10) Any dispute as to the interpretation of this compact 
     which cannot be resolved by negotiation between the parties, 
     can be referred by any party to a special Court on the U.S. 
     Puerto Rico Compact, which will be created by separate 
     agreements.
       Comments: All the formulas should be free and independent 
     one from the other, and not juxtapositioned one with the 
     other as the case of independence and Free Association. The 
     Free Association alternative should be defined in clearer 
     terms, than what the bill does. If it is carefully studied, 
     you will see that the independence and the statehood 
     definitions, are spell out, but Autonomy or Free Association 
     is not. As the bill is a this moment, U.S. Citizenship is 
     only featured in the statehood alternative as a way to obtain 
     more votes in the possible Referendum. There is no legal 
     restriction to feature U.S. Citizenship in Autonomy or Free 
     Association; and, additionally, since Puerto Ricans have had 
     the citizenship for the last 80 years and there has been no 
     problems we believe that the two alternatives should run on a 
     equal footing.

     

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