Congressional Record, Volume 144 Issue 124 (Thursday, September 17, 1998)

[Congressional Record Volume 144, Number 124 (Thursday, September 17, 1998)]
[Senate]
[Pages S10501-S10508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SENSE OF THE SENATE REGARDING PUERTO RICO

The PRESIDING OFFICER. Under the previous order, the clerk will
report the resolution.
The bill clerk read as follows:

A resolution (S. Res. 279) expressing the sense of the
Senate supporting the right of the United States citizens in
Puerto Rico to express their desires regarding their future
political status.

The Senate proceeded to consider the resolution.
Mr. DASCHLE. Mr. President, I am very pleased to join my colleagues
in support of this sense-of-the-Senate resolution that recognizes the
rights of U.S. citizens in Puerto Rico to decide their political
future.
I publicly commend the distinguished Senator from New Jersey and the
Senator from Florida for their outstanding leadership in bringing us to
this point. Resolutions of this kind and legislation dealing with this
particular issue have had a roller-coaster ride in this Congress. Were
it not for the tremendous persistence of the Senator from New Jersey
and the Senator from Florida, we would not be here tonight. So I
publicly express, on behalf of all of our colleagues, our thanks to
them for their leadership, their persistence, and their diligence in
bringing us to a point where we hope on a unanimous basis this
resolution will at long last be adopted tonight.
Very simply, the resolution states that the people of Puerto Rico
should be given an opportunity to express their views on the political
status of Puerto Rico through some form of plebiscite. President
Kennedy once said, ``The most precious and powerful right in the world
is the right to vote in an American election.''
The great Mexican patriot, Benito Juarez, once said that ``democracy
is the destiny of humanity.'' In the case of Puerto Rico, democracy
delayed is democracy denied. The destiny of Puerto Rico's political
future should be in the hands of the people of Puerto Rico. Congress
should pass legislation that provides the congressional framework to
recognize and implement their decision.
Our Nation is built on democratic principles of equality, opportunity
and the right of self-determination.
Yet, American citizens on the island of Puerto Rico lack the rights
to express the basic tenet of democracy, a government chosen by the
people.
In the words of Thomas Jefferson, ``That government is the strongest
of which every man feels a part.'' In regard to Puerto Rico, formal
recognition of these democratic ideals is long-overdue. Since the end
of the Spanish-American War 100 years ago, we have shared a social,
economic, and political union with Puerto Rico. In 1917, Congress
granted citizenship to Puerto Ricans. In 1952, the people of Puerto
Rico took on local self-government.
In 1963, President Kennedy called for self-determination for the
people of Puerto Rico.

[[Page S10502]]

More than a quarter of a century later, we are still debating the
issue in the Senate as 4 million Americans are denied basic democratic
rights. I hope we will all agree that this is simply unacceptable.
The people of Puerto Rico have long demonstrated their patriotism to
the United States. Tens of thousands have served in the American
military. More than 1,200 Puerto Ricans have died in combat to preserve
our democratic way of life.
Mr. President, I support the right of self-determination for U.S.
citizens living in Puerto Rico. That is why I am a cosponsor of S. 472,
the ``United States-Puerto Rico Political Status Act,'' which provides
a congressionally recognized framework for U.S. citizens living in
Puerto Rico to freely decide statehood, independence, or the
continuance of the commonwealth under U.S. jurisdiction.
As a first step, Congress should adopt this sense-of-the-Senate
resolution this year in an effort to resolve the question of Puerto
Rico's political status in a fair manner.
We must ensure we provide full democratic rights for all American
citizens, including those who live in Puerto Rico.
Mr. President, I yield the floor.
Mr. GRAHAM addressed the Chair.
The PRESIDING OFFICER. The Senator from the great State of Florida.
Mr. GRAHAM. Mr. President, I rise to speak on this sense-of-the-
Senate resolution with mixed feelings. I would have much preferred to
be speaking tonight in behalf of legislation that would have provided
for the first time in the 100-year relationship between the United
States and Puerto Rico for a congressionally sanctioned plebiscite
giving to the people of Puerto Rico the sense of confidence from
respect that their voice would be heard as to their desires for their
political future.
Our colleagues in the House of Representatives passed such a
plebiscite bill. Unfortunately, after months of hearings, we will not
have the opportunity to present from the Energy and Natural Resources
Committee to the full Senate such legislation. I commend Senator
Murkowski who made a valiant effort to do so, including developing
legislation which I think could have been the basis of a consensus on
this matter and would have resulted in a favorable vote in the full
Senate and the nucleus of a compromise with the House of
Representatives.
But the world goes on. The Governor of Puerto Rico has, with the
concurrence of the Puerto Rican Congress, called for a referendum on
the political future of Puerto Rico to be held on December 13. It is
important that, as a minimal statement of our commitment to the
principle of self-determination, we adopt this sense-of-the-Senate
resolution and express our position in favor of that plebiscite and
indicate that we will take its results with appropriate seriousness.
We recognize, and the sense-of-the-Senate resolution proclaims, that
the ultimate decision as to the political future of Puerto Rico will be
made by this Congress, but by giving the degree of recognition to the
Puerto Rican-called plebiscite on December 13 that this sense-of-the-
Senate resolution will do; it will give additional standing, additional
confidence, to the people of Puerto Rico that their vote on that day
will have an important impact here as we decide what next steps to take
relative to the political future of Puerto Rico.
Mr. President, it is clear that we cannot continue with the status
quo. A decision is going to have to be made, and I believe made soon,
as to what the permanent political status of Puerto Rico will be. We
have had this expedience throughout America's history.
After the first 13 colonies, there was the Northwest Ordinance which
laid out the basic principle by which future States would be carved out
of the large territories of America and joined to the Original States.
And that principle included the fact that those new States would join
with equal dignity, with equal political rights and responsibilities to
the Thirteen Original States. These have been basic tenets of our
democracy which now we are called upon to make available to the people
of Puerto Rico.
My colleague, Senator Torricelli, in comments last week made the
statement which I think summarizes the essence of the debate that we
are having this evening, and that is, that Puerto Rico represents the
unfinished business of American democracy. And it cannot be ignored--
unfinished business. We need to set about our task of completing that.
And that task begins by a respectful listening to the desires of the
almost 4 million U.S. citizens who live on the island of Puerto Rico.
I remind my colleagues that we are not talking about 4 million people
who are citizens of a foreign land. Every one of those 4 million people
in Puerto Rico is a citizen of the United States of America. These are
fellow citizens who have never been afforded the opportunity for a
clear congressionally sanctioned expression of their opinion as to what
their political future should be. The nearly 4 million U.S. citizens
who reside in Puerto Rico are entitled to that opportunity. And this
combination of a Puerto Rican congressionally called plebiscite with
this degree of sanction by the U.S. Congress is as close as we can
reach to that objective in 1998.
The sense of the Senate is the very least that we can do to honor the
request of our fellow U.S. citizens in Puerto Rico and send them a
clear message that we are listening to their desires.
The sense of the Senate, in conjunction with the House-passed bill,
takes an important step in the right direction. I thank all of my
colleagues who have cosponsored this resolution. I thank all of those
who have been so active in the effort to secure a congressionally
sanctioned plebiscite in Puerto Rico.
I say to our fellow citizens in Puerto Rico, we admire your
contribution for a century to the development of our land. We admire
your patriotism in time of war and your great contributions in time of
peace. We extend to you this statement of our respect.
We urge your full participation in the plebiscite on December 13. We
will be anxious to receive your statement of your desires for your
political destiny. And then I hope that my colleagues here in this
Chamber and our companion Chamber will hear with dignity what you have
said and will move towards, with your direction, providing a permanent
political status for the U.S. citizens on the island of Puerto Rico.
Thank you, Mr. President.
Mr. CRAIG addressed the Chair.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAIG. Mr. President, first of all, let me thank the Senator from
New Jersey for authoring and bringing forth Senate Resolution 279. I am
pleased to be a cosponsor of it, along with the chairman of the Energy
and Natural Resources Committee, Senator Murkowski; for he and I have,
can I say, labored mightily, along with the Senator from Florida, over
the last good many months, first of all, to work on the issue of self-
determination for Puerto Rico.
I certainly thank all of my colleagues for the cosponsorship of S.
472, legislation that I introduced a year ago that I hoped, as does the
Senator from Florida, that we could be voting on at this time--debating
it, voting on it, and giving our Puerto Rican friends and fellow
citizens the opportunity, a clear direction as it relates to self-
determination. That is not going to be the case. Time has not allowed
that.
So I hope that by next year the record before the Senate might
include the results of another plebiscite in Puerto Rico that the
Senator from Florida has just mentioned. That is why the resolution
before us today, I think, is very important.
In accordance with their rights of self-determination, the citizens
of this Nation--the people of Puerto Rico--acting through their
constitutional process and elected representatives, have empowered
themselves to conduct a vote based on the record created in the House
and the Senate deliberations in the Congress since the 1993 vote.
Since any act of self-determination in Puerto Rico is not self-
executing, the resolution of Puerto Rico's political status is a
Federal matter that can only be fully and finally determined by an act
of Congress. However, in the exercising of its powers in this regard,
Congress must be informed by the freely expressed wishes of the
citizens of Puerto Rico. Thus, this resolution recognizes that the
coming vote will advance the process of self-determination

[[Page S10503]]

within the framework of our great Nation's Constitution.
Contrary to rumors in Puerto Rico, there was no great intrigue or
political reaction to videotapes from the local status campaigns that
prevented the Senate from moving forward with legislation at this time.
Rather, faced with what we all understand is a very complicated
schedule here in the final days before we adjourn, and concern on the
part of colleagues on both sides of the aisle, we have brought Senate
Resolution 279 to the floor to express at this time, as the House has
expressed, an opportunity for the Puerto Ricans to advance the cause of
their self-determination. And I hope that the resolution and our vote
on it tonight reflects that.
Mr. President, today the Senate ends its prolonged silence on the
question of Puerto Rico's political status. The 105th Congress will not
end without a Senate response to the 1994 and 1997 petitions of the
Legislature of Puerto Rico to Congress. By our action today, the Senate
joins the House in responding to those petitions by recognizing the
need for further self-determination in Puerto Rico. This is because the
1993 status vote in Puerto Rico did not resolve the status question.
Indeed, no option won a majority in 1993.
That is why I sponsored a bill to recognize the need for further
self-determination. I thank my colleagues from both parties who joined
me by cosponsoring S. 472.
I also want to thank the chairman of the Energy and Natural Resources
Committee, Senator Murkowski, for his assistance and leadership to
establish a record to support action by the committee and the full
Senate on this matter. I regret that the draft chairman's mark has not
been acted on, but I applaud his commitment to move the self
determination issue forward.
It now appears that by next year the record before the Senate may
include the results of another plebiscite in Puerto Rico. That is why
the resolution before us today is so very important. In accordance with
their right of self-determination, the people of Puerto Rico, acting
through their constitutional process and elected representatives, have
empowered themselves to conduct a vote based on the record created in
the House and Senate deliberations in Congress since the 1993 vote.
Since any act of self-determination in Puerto Rico is not self-
executing, resolution of Puerto Rico's political status is a federal
matter that can only be fully and finally determined by an act of
Congress. However, in exercising its powers in this regard Congress
must be informed by the freely expressed wishes of the residents of
Puerto Rico. Thus, this resolution recognizes that the coming vote will
advance the process of self-determination within the framework of our
great Nation's Constitution.
Contrary to rumors in Puerto Rico, there was no great intrigue or
political reaction to videotapes from the local status campaigns that
prevented the Senate from moving forward with legislation at this time.
Rather, faced with the difficulty of completing a full Senate debate on
the draft chairman's legislative mark, this body is doing the right
thing by moving forward with a Resolution recognizing the need for
further self-determination and recognizing the constraints placed upon
it.
I am proud of the Senate today, and I am proud of the people of
Puerto Rico for seizing the moment and organizing an act of self-
determination that is based upon the arguments heard in the
Congressional process which will continue next year. This action is
good for Puerto Rico and serves the interests of our entire Nation as
we move forward together to seek to resolve the territorial status
dilemma that began 100 years ago. I wish our fellow U.S. citizens in
Puerto Rico well in exercising their God given right of self-
determination. I hope they will join me in trusting that their voice
will be heard and that Congress will answer. In America, we have no
alternative to democracy and desire nothing more.
I join with my colleagues from Florida, New Jersey--now the chairman
of the full committee is here on the floor--to say to our friends and
citizens of Puerto Rico that we ask them to go forward with their vote
in December. We hope that that is an advanced expression of their
desire to advance the cause of statehood, but most importantly to
advance the cause of self-determination so that the Congress can have
the kind of direction that we hope that vote will bring.
With that, I yield the floor.
Mr. MURKOWSKI addressed the Chair.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. MURKOWSKI. In view of my colleagues who have waited longer than I
have, I simply want to identify the time on either side, and if I may,
if there is no objection, I would like to control the time.
The PRESIDING OFFICER. The majority has 20 minutes; the minority has
13 minutes.
Mr. MURKOWSKI. I would be happy to--obviously, I will not speak for
the minority--but I would yield whatever time to the minority or
perhaps Senator Torricelli would like to control the time for the
minority.
Mr. GRAHAM addressed the Chair.
The PRESIDING OFFICER. The Senator from Florida.

Privilege Of The Floor

Mr. GRAHAM. I ask unanimous consent that Delia Lasanta, Luis Rivera,
and Danielle Quintana of my staff and Susan Nisar of Senator D'Amato's
staff be accorded floor privileges for the remainder of today's
session.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. TORRICELLI addressed the Chair.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. TORRICELLI. Mr. President, is there a unanimous consent request
proposed by the Senator from Alaska?
The PRESIDING OFFICER. If the Senator would withhold for a moment, 10
minutes of the minority's time is already under the control of Senator
Sarbanes under a previous order.
Mr. TORRICELLI. Mr. President, I ask unanimous consent that I be able
to control the remainder of the minority time and the Senator from
Alaska control the remainder of the majority time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MURKOWSKI. How much time does the Senator from New York desire?
Mr. D'AMATO. No more than 5 minutes.
The PRESIDING OFFICER. The Senator from New York is recognized for 5
minutes.
Mr. D'AMATO. Mr. President, let me at the outset say how tremendously
proud and pleased I am that one of my great and dear friends, the
Senator from Alaska, has worked so hard and so diligently to attempt to
advance a cause that this Nation espouses to so many.
We talk about the lack of freedom throughout the world. We talk about
democracy. Indeed, it is unfortunate that there are strong forces,
people who I know and who I respect, who even at this very time give
lip service rather than meaningful and true support for that cause.
Senator Murkowski understands that freedom and democracy are not
something that just should be for some, but should be for all, and that
the right of self-determination is an inalienable God-given right. It
is one that this country is founded on. People have paid the greatest
price and sacrifice with their life, jeopardizing their families, in
the fight for freedom and democracy.
I have to tell Members that it is more than imperative, it is a moral
necessity, that we strongly encourage the process of self-determination
for 4 million Americans, U.S. citizens who live in Puerto Rico, that
they should determine by what rules and what form of government they
should live.
We have for years talked about the lack of democracy in all areas of
the world. We talk about it in China, Korea, here, there. We should be
ashamed that it has taken us so long to come forth with a rather simple
resolution, and that it has taken such an incredible effort by the
Senator from Alaska and others, to bring us to this point. This is a
pittance in comparison to those who have bled, who have sacrificed for
democracy, for self-determination.
I hope we understand that we want to encourage people, saying the
right to vote, the right to determine one's own destiny, is
inalienable.
I would like to have a recorded vote. I would like for us to say: We
are going

[[Page S10504]]

to recognize your hopes and your aspirations and your dreams. It is my
hope that the people vote for statehood. But that is their right. They
may determine that they want to continue the present situation, but
they should have that inalienable right, and we should say to them that
we are ready and willing to recognize your choice, your decision, as
free men and women, and, yes, that we would be willing and ready to
undertake supporting that decision because we respect the inalienable
rights of people to make their own determination.
As we mark the 100th anniversary of Puerto Rico becoming a part of
the United States, I think it is important to recognize that their sons
and daughters have made the supreme sacrifice. They have answered the
call of duty. They have been there. And now it is time for us to say:
You can be a part of this great Nation, not just as citizens, but as a
State, if you choose, if you determine, and then send your response to
us.
There are those who say it doesn't matter. Well, it does matter, and
it is bigger than partisan politics. It is bigger than Republicans and
Democrats. I believe that in the fullness of time what an incredible
beacon a 51st State might be. But that is for the people of Puerto Rico
to determine. What an example to all of Central America and South
America, in terms of sharing our cultures, our values, with this island
as part of this great Nation. Certainly at the very least, the people
of Puerto Rico, our citizens, should have that right which we declare
day in and day out is inalienable for people throughout the country,
for all corners of the world.
I congratulate my friends who have brought it to this point, and the
Senate majority leader, and Senator Torricelli for his unwavering
support of that commitment to justice, to democracy, to self-
determination.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. TORRICELLI. Mr. President, I want to first express my
congratulations to Senator Murkowski without whose efforts in committee
we would not, today, be discussing this resolution; Senator Graham of
Florida, who has labored for so long on this cause; Senator Daschle;
Senator Landrieu; Senator D'Amato; Senator Craig; so many Members of
this institution who have taken the cause and interests of the people
of Puerto Rico and made them their own.
There are few more solemn responsibilities to come to the Congress of
the United States than the issue of admission into this great Union. It
is solemn because to join in union is to share a future, to pledge our
fortunes, our lives, together. It is a serious occasion because the
prospect of joining this Union raises the prospect of ``forever,''
because this Union is indivisible, it is permanent. The judgment to
join this Union is made by any peoples and any lands but once in their
history, and it is never revisited again.
For 100 years, the people of Puerto Rico and these United States have
shared a common history. Our people have fought together, bled
together, and died together. Our cultures over a period of time
increasingly have merged. Hundreds of thousands, indeed, millions, of
people of Puerto Rico have chosen to live among other Americans in
these United States. Indeed, the judgment that potentially might be
made by the people of Puerto Rico who reside on the island has
economically and culturally and even politically already been made by
millions of others in how they live and where they choose to live.
The history of the United States for these 200 years has been a
history of constant enfranchisement, expanding the right to vote to
African-Americans, to women, people 18 years of age, in our own
generation to the people of Hawaii and Alaska.
It is part of the great history of this country that we, unlike other
nations, were not satisfied to simply enfranchise ourselves but
recognized we were the greater and the better people through our
expansion. Now we, potentially, visit that question again. It is a
judgment that can only be made by the people of Puerto Rico for
themselves. This is ultimately their responsibility to decide. But it
is the responsibility of this Congress that they have the right to
decide. It is a peculiar and tragic irony of history that the first
republic to be created out of colonialism might now enter the 21st
century in a neocolonialist position.
No American should be content with this contradiction of our own
history, and some might claim--some might even accuse--that this U.S.
Government is in a position with the people of Puerto Rico that is
anything less than full, free, fair, and democratic. Yet, by the
definition we have applied for ourselves, it would be difficult to
defend against the charge. Written on the walls of this Capitol from
the inaugural address of President Harrison in 1841 is, ``The only
legitimate right to government is an expressed grant of power from the
governed.''
Yet, Mr. President, every day, the people of Puerto Rico are
subjected to fees, rules, regulations, policies, and determinations
from this Congress, having no representative who has a right to vote
and make a judgment on their behalf. The relationship between the
people of Puerto Rico and the United States is a contradiction with
everything that we hold dear and every principle upon which this
country was founded.
Mr. President, I urge the people of Puerto Rico to take this judgment
seriously between this date and December 13 and to think carefully. If
they decide to join this Union, this is a moment that they will not
visit again. Joining this Union is permanent. If it were my judgment,
I, like the Senator from New York, Senator D'Amato, would choose to
join the Union. I believe history has given us the right and the
responsibility to face the future together. But I recognize mine is no
more than a casual opinion. The decision rests with the people of
Puerto Rico alone. The importance of this resolution is that as the
people of Puerto Rico vote, they should recognize that the U.S.
Congress considers Puerto Rico to genuinely be the unfinished business
of American democracy.
The people of Puerto Rico should recognize as they vote that the
Congress of the United States is watching, that we recognize our
responsibilities and are prepared in the 106th Congress to receive
their judgment and make our own decision about the future of this
Union.
Mr. President, once again, I want to congratulate Senator Murkowski
for having presided over these issues these months, and Senator Graham
for his leadership, and each of my colleagues who come to this floor on
a bipartisan basis, across ideological lines, uniting in our common
belief that there is no right to govern without the consent of the
governed and that it is not good enough, in spite of the
enfranchisement of all of our people across this continent, that there
remains a single exception. America is too good a land, our history is
too great, for anyone to be an exception to these great and lasting
principles.
Mr. President, I yield the floor.
Mr. MURKOWSKI. Mr. President, it is my understanding that this side
has about 15 minutes remaining?
The PRESIDING OFFICER. Yes, 15 minutes.
Mr. MURKOWSKI. I yield 5 minutes to Senator Domenici from New Mexico.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. Mr. President, first, let me say that it is most
appropriate that we take this action tonight during the second week of
Hispanic Heritage Month in the United States. It is quite appropriate,
while we are honoring the contribution which Hispanic culture has made
to our country, that we are now saying to one group of Hispanics who
live on the island of Puerto Rico that we are willing to see you take a
vote regarding whether or not you would choose to become the next
State.
Mr. President, this resolution affirms that the first step in any
change of political status for the community of Puerto Rico rests with
the people of that island. When they express that opinion in December--
December of this very year--then it will be up to Congress to take
whatever steps are necessary to consider that decision.
Let me say that there are a number of Senate heroes with reference to
this Puerto Rico resolution. First, I must say that the individuals
most likely to recall the difficulties of taking a vote and deciding
whether to become a State are the citizens represented by

[[Page S10505]]

those Senators whose States were last admitted, or close to being last
admitted. So the hero tonight is Frank Murkowski of the great state of
Alaska. For anybody wondering, that is not a Hispanic name--Murkowski--
but it is a name of European descent, perhaps Polish. He understands
what it is for a State to go through this process of deciding whether
you are going to become a part of the Union, the United States of
America.
I remind the Puerto Ricans--who are Americans in their own right--
that Americans think that the United States is so important that we had
a Civil War over whether you could unilaterally drop out of the Union
once you joined it. So I want you to take it seriously, Puerto Rico,
because it is serious. We had the biggest battle within the borders of
our own Nation about the issue of keeping this great country together,
and you should know that and you should be concerned about that.
Secondly, let me suggest that in the State of New York there is a
Senator named Senator D'Amato, and the Puerto Ricans know that is not a
Spanish name either; it is Italian like mine, Domenici. But this
Senator from New York understands what the Puerto Ricans in his State
and the Puerto Ricans in Puerto Rico mean to our Nation. He has always
been willing to give the people in Puerto Rico an opportunity to
determine their destiny. And I believe second to Senator Murkowski on
our side of the aisle, behind the scenes, Senator D'Amato has made it
very clear that this night should occur--not next year or the year
after, but now. So I compliment my good friend and a friend of the
Puerto Rican people in New York and across the country. I compliment
the Senator for his tremendous, tremendous regard for what Puerto Rico
believes is right and fair.
I must say, from the other side of the aisle, it is most interesting
that tonight we have a series of Senators with these strange names--
Murkowski on our side, D'Amato on our side, Domenici speaking, and
Torricelli from New Jersey. I compliment Senator Torricelli for his
vigilant and absolute persistence that something should be done on this
issue before we leave here.
So tonight, without any question, the Puerto Rican people can already
say across the island and throughout the rest of America, because it is
a foregone conclusion, that the Senate will vote on this resolution
propounded by the Senator from Alaska, Senator Murkowski. Frankly, it
will pass overwhelmingly. There will be no dissenting votes tonight,
because for those who would like to dissent, they have already decided
that they are not going to make a point of it.
As a consequence, we are going to approve this in just as formidable
a way as if we had voted, when the U.S. Senate says without a
dissenting vote tonight, that we agree with this resolution.
Mr. President, once again, many of us came here from around the
world, or our parents or grandparents did. And we know the validity and
the great value of America. We hope the people in Puerto Rico
understand that and act accordingly.
I yield the floor.
Mr. MURKOWSKI. Mr. President, I believe Senator Hatch would like
recognition for 3 minutes.
The PRESIDING OFFICER. The Senator from Utah is recognized for 3
minutes.
Mr. HATCH. Mr. President, I have been to Puerto Rico. I have to say
it is a beautiful land.
These are our fellow citizens. They have to make this determination.
Of course, we should give them that right.
I have heard both arguments within Puerto Rico. Some feel it is a
great idea to have statehood. Others don't think it is quite so great.
There are disadvantages to becoming a State. There is no question about
it. But there are great advantages as well.
All we are doing here this evening is acknowledging as Members of the
U.S. Senate the right of our fellow U.S. citizens in Puerto Rico to
express democratically their views regarding their future political
status through a referendum or other public forum, and to communicate
those views to the President of the United States and to the Congress.
That is the least we could do. These are good people. These are proud
people. These are people who have contributed to this country--and who
will contribute to this country--even though their status has been
different from other citizens.
I personally endorse and support this resolution here this evening. I
hope and I know that it will pass. It will pass unanimously, which I
think is the high tribute to the people of Puerto Rico and to those on
both sides of this issue down there.
I congratulate all of those who have worked so hard to get this done,
especially Senator Murkowski, Senator Torricelli, the others who have
been mentioned, Senator D'Amato and Senator Domenici.
This is a wonderful evening, a wonderful day, and something that is
long overdue. I congratulate my colleagues for having accomplished this
today.
I yield the floor.
Mr. MURKOWSKI addressed the Chair.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. MURKOWSKI. Mr. President, first of all, in the concluding minutes
that we have before our vote, let me recognize from the House of
Representatives our good friend, Carlos Romero-Barcelo, who is with us
watching this historic action of the U.S. Senate. It is a pleasure to
have you with us, my friend. Your contribution to these moments have
been immeasurable, and your people of Puerto Rico can be very proud of
your contribution in bringing this matter from the House of
Representatives to the floor of the U.S. Senate tonight.
Mr. President, let me acknowledge my good friends and colleagues who
have had such a significant role in moving this to where we are today.
Of course, that would include Senator Torricelli and Senator D'Amato.
I think it is important to recognize the constituency associated with
many of the Members who have come forth as initial sponsors. Senator
Lautenberg referred to Senator Hatch; my good friend from Hawaii,
Senator Akaka; Senator Daschle; Senator Landrieu; Senator Lieberman;
Senator Graham of Florida; and Senator Domenici, and there are many,
many more.
But the significance of the commitment, particularly of Senator
D'Amato and Senator Torricelli, I think represent an extraordinary
sensitivity as brought out in the statements not necessarily
individually of their feeling towards what America is all about but
perhaps better in the comments that were made by the Senator from New
Mexico, Senator Domenici, who indicated, as you look at the names of
sponsors on this legislation, that you have a potpourri, if you will,
of the mixture of Americans committed to democracy.
I must acknowledge in my thanks to my colleagues that this Senator
from Alaska does not have a large Puerto Rican constituency. But I do
have a long memory.
Alaska has been a State since 1959. I grew up in a territory. We had
taxation without representation. My father used to say he felt good
about being able to write on his income tax form in a red pen ``filed
under protest, taxation without representation.'' But that is the
extent of what made him feel good.
I can recall seeing neighbors when I was too young to go into the
draft being drafted. We were second-class citizens, Mr. President. We
had special identification cards to leave the territory of Alaska to
visit the State of Washington. It was quite a blow to the sensitivity
of American citizens, and as a consequence we have a situation with
regard to Puerto Rico today.
Mr. President, I would like to have the clerk reserve at least 2
minutes of my time remaining for one of my colleagues who is here with
me.
The PRESIDING OFFICER. The Senator has 4 minutes 30 seconds
remaining.
Mr. MURKOWSKI. Mr. President, if I may, I want to specifically cite
the fact that I support this resolution. I fully support the objective
of this resolution in reaffirming the right of our fellow citizens in
Puerto Rico to express their desires on political status through
popular referenda and to communicate those desires to the federal
government. I also agree that the federal government should carefully
review and consider any such communication.

[[Page S10506]]

This resolution is fully consistent with the objective of the draft
chairman's mark that I circulated immediately prior to the recess.

I want to thank my colleagues who reviewed the draft chairman's mark
and who provided me with comments and suggestions. As I stated in my
press release last week, I do not think that there will be time to
fully consider the legislation this session, but I think we have made
considerable progress. This resolution is fully consistent with the
philosophy of my draft that the initiative for any political status
change lies exclusively with Puerto Rico.
During this Congress, the House of Representatives has passed
legislation requiring a referendum in Puerto Rico. Similar legislation
was introduced in the Senate. I stated at the outset of this Congress,
that I consider the matter of political status one of the most
important constitutional responsibilities of the Congress and of my
committee.
I cautioned when those measures were introduced that as much as some
would like to see legislation enacted in this centennial year of Puerto
Rico coming under United States sovereignty, this was an
extraordinarily complex and important issue and deserved full and fair
consideration because I recall what happened in my own State of Alaska.
It took a long time. Although the committee conducted a series of
meetings in Puerto Rico at the beginning of the Congress, I made the
decision that we would wait for the House to pass legislation before we
began the formal committee process. I made that decision so that our
committee would have all the various proposals before us.
By the time the House passed its legislation, it was already clear
that it would be very difficult to resolve the many questions presented
by the legislation this year. I want to emphasize the words ``this
year,'' because I think there has been too much emphasis on timing and
not enough on substance.
I am committed to the enactment of responsible legislation and not
simply to the enactment of legislation this year.
Nonetheless, and despite the limitations of the Senate schedule and
the importance of the other measures pending before the committee, we
held a series of workshops, oversight hearing, and legislative
hearings. I circulated a draft chairman's mark prior to the August
recess to my colleagues on the committee. I asked for a review and
comments. Several Members submitted very thoughtful amendments to the
draft chairman's mark. While I have directed the staff to continue to
work on these amendments, I do not see that attempting to force the
legislative process would either be wise or helpful in view of the
remaining time left in this session.

The initial workshop heard from the Governor and the leadership of
the three recognized political parties in Puerto Rico. The Governor
expressed the desire of the government of Puerto Rico to obtain an
expression from the federal government of status alternatives. The
parties agreed that so long as each political party is able to craft
its own definition, those definition, those definitions would be
political statements and as a result, no referendum would provide the
clarity that Congress would want.
The first oversight hearing considered the fiscal and economic
implications of any change in status. Those proceedings shed
considerable light on some of the difficulties involved in any
transition to prepare Puerto Rico for either consideration of an
Admissions Act or for the withdrawal of United States sovereignty.
The second oversight hearing focused on the individual issues
involved in separate sovereignty, either as full independence or in
some form of free association. In addition to a consideration of the
issues, especially that of citizenship, the hearing also served to
focus on sovereignty as the test for consideration of those issues.
Those hearings and the legislative hearing that followed demonstrated
how unique the present circumstances of Puerto Rico is and how
difficult any change in status will be. The hearings also demonstrate
that the federal government is responsible for the present situation
and the creation of the obstacles that must be overcome prior to any
change in status.
A major defect, in my mind, in the measures pending before the
committee and in the definitions used in past referenda in Puerto Rico,
is the failure of the definitions for Statehood or Independence to
acknowledge that Puerto Rico is not presently prepared for federal
consideration of either option.
There is a very complex and difficult process involved before either
option could be implemented, as our hearings demonstrated.
For Statehood, that process would entail, at a minimum, significant
consideration of several entitlement programs as well as the extension
of the Internal Revenue laws in concert with a complete overhaul of
Puerto Rico's local tax code. This is not a simple matter and I do not
expect that it can be done rapidly. Only after that transition is
complete should Congress consider fully extending the Constitution to
Puerto Rico.
As my colleagues know, the Constitution does not fully apply to
Puerto Rico. Puerto Rico has never been ``incorporated'' into the
United States. Alaska and Hawaii were fully incorporated well before
the first Admissions Act was even introduced. Only after the debate on
incorporation has concluded and when the Constitution is fully
applicable in Puerto Rico can the political debate on admissions begin.
The point that I tried to achieve in my draft chairman's mark, is
that Congress has created a series of obstacles to the achievement of
any change in political status. I think we owe our fellow citizens an
explanation of what the process is likely to be to overcome those
obstacles so that they can express their desires with a clear
understanding of the process that lies before them.
A second major defect in the legislation was that it required Puerto
Rico to vote on federally defined options. How and whether Puerto Rico
seeks to petition the Congress should not be dictated by the federal
government. If we are serious about local self-government, then we
should be willing to allow the local government to determine how to
respond to the desires of its constituents. Not all territories
conducted referenda on future political status and none were ever
required to hold one by the federal government. As part of the Enabling
or Admissions Act, some territories were required to agree to the terms
of a particular Statehood proposal, but that came after Congress had
enacted the legislation to provide for their admission.
We should not constrain Puerto Rico in how it seeks to approach a
request to the federal government. Perhaps they will continue to use
referenda, perhaps they will use resolutions of the legislature,
perhaps they will use petitions. Each territory has approached the
process from its own political perspective and we should not dictate to
our fellow citizens in Puerto Rico what process they must use.
As a result of our workshops and hearings, I circulated a draft
chairman's mark prior to the August recess to my colleagues on the
committee. I asked for their review and comments. Several Members have
submitted very thoughtful amendments to my draft chairman's mark. While
I have directed staff to work on those amendments, I do not see that
attempting to force the legislative process would be either wise or
helpful.
I support the objectives of this resolution and they are fully
consistent with the framework of my draft chairman's mark. There is no
question that Puerto Rico, either through popular referenda or
resolution of the legislature or simple petition, has the right to
express its desire on political status. There should also be no
question that the federal government should respond to any such
expression seriously and with due consideration.
The government of Puerto Rico has now enacted legislation calling for
a referendum on December 13 of this year. In developing the definitions
that will be placed before the voters, the draftsmen had before them
the language contained in the House-passed measure, the Senate-
introduced measure, and my draft chairman's mark. They also had the
testimony of the administration.
They chose to adopt definitions based on their own judgement. I want
to make absolutely clear that even had

[[Page S10507]]

the draft chairman's mark been enacted, Puerto Rico would not have been
obliged to adopt the definitions contained in it. My draft mark was
strictly advisory as will be the results of any referendum. That is as
it should be. All we could hope to do would be to provide some guidance
as to what this Congress thinks the process would likely be. Just as we
can not bind a future Congress, neither can an advisory referendum bind
us.
I believe that we still owe our fellow citizens in Puerto Rico a fair
statement of the alternatives and process involved in future political
status so that they can express their desires in a meaningful way.
Passage of this resolution does not in any sense diminish the
importance of providing that information. This resolution does reaffirm
that the initial step for any political status change rests with out
fellow citizens in Puerto Rico. Only they can decide whether and when
to petition the Congress for consideration of a change in status. Only
Congress can consider the legislation necessary to remove the obstacles
to such a status and, in the philosophy of the Northwest Ordinance,
prepare Puerto Rico for consideration of that status.
I think that ultimately we need to clarify that process in
legislation. Time is running out for this session of Congress, but I
intend to resume where we are now at the beginning of the 106th
Congress. In the interim, I think we have made considerable progress in
clarifying the issues through our hearings and in the reactions to the
draft chairman's mark. This resolution is completely consistent with
that progress.
My best wishes go to the Governor and the people of Puerto Rico as
they prepare to express their preference on the December 13 referendum
vote.
I yield the time I have remaining to the senior Senator from Alaska,
Mr. Stevens.
Mr. STEVENS. Mr. President, I thank my colleague from Alaska.
I come to the floor to congratulate him and the other members of his
committee for the action they are taking tonight to recognize the
continuing support of the Congress for the determination by the people
of Puerto Rico of what their future status should be.
The first resolution dealing with Alaska was introduced in the
Congress in 1913. Final action on statehood for Alaska took place in
1958. We became a State in 1959, as Senator Murkowski said. It is a
long process to seek to change the political status of a portion of the
United States, and Puerto Rico is a portion of our country. Its people
really deserve the opportunity to express themselves on what their
future should be.
So my congratulations to everyone for moving this resolution forward.
I hope the day will come when I am still in the Senate that we can vote
on statehood for Puerto Rico.
Mr. TORRICELLI addressed the Chair.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. TORRICELLI. How much time remains?
The PRESIDING OFFICER. The Senator from New Jersey controls 4 minutes
40 seconds.
Mr. TORRICELLI. Mr. President, let me finally, in conclusion, also
thank Carlos Romero-Barcelo. The fact that this Senate has come
together in this extraordinary judgment would not have been possible
without his leadership. And also, as Senator Murkowski said, Governor
Pedro Rossello has been such an important person in building this very
broad coalition. To the Governor, I offer my very sincere
congratulations. He is an extraordinary man who has given great service
to his people in making this night possible. Carlos Romero-Barcelo,
your service has been nonetheless a great credit to the people of
Puerto Rico.
Mr. President, I yield the remainder of my time to the Senator from
Connecticut, Mr. Lieberman.
The PRESIDING OFFICER. The Senator from Connecticut is recognized for
4 minutes.
Mr. LIEBERMAN. I thank the Chair. I thank my friend from New Jersey
particularly for his leadership in bringing this resolution forward and
to express my own pleasure at being a cosponsor along with a bipartisan
group of cosponsors.
Mr. President, very briefly, this resolution is about principle. It
is not about politics. It is about the principle of self-determination,
which was at the heart of the creation of America--the principle of
self-determination, democracy, self-rule. It has continued throughout
our history to today, when it remains a fundamental priority element of
our foreign policy toward other peoples and other nations.
Really, what this is about is taking that fundamental American
principle which we are eager to apply around the world and applying it
to 4 million of our fellow American citizens who live on the islands
that constitute Puerto Rico, who served and died in defense of
America's freedom in disproportionate numbers. They deserve the right
to become fully free, determine their destiny, participate fully, if
they choose and how they choose, in our democracy.
Senator Murkowski has been a very steadfast leader in this effort. It
didn't get as far as he or we wanted, but this resolution at least
gives us the possibility, before the 105th session adjourns and prior
to the referendum that will be held in Puerto Rico in December, to say
as Members of the Senate of both parties we welcome the exercise and
recognize the right of our 4 million fellow Americans in Puerto Rico to
express themselves to us and that we will review any such communication
that results from the vote that they hold in December. It is the least
we can do to be true to our principles.
I thank the Chair and I yield the floor.
Mr. LAUTENBERG. Mr. President, I rise in strong support of this
resolution. I am pleased that we are passing this resolution on the
second day of Hispanic Heritage Month because Puerto Ricans, like all
Hispanic Americans, have made a great contribution to the culture and
economic growth of America.
There are nearly 4,000,000 American Citizens who live in the Islands
of Puerto Rico. They are an integral part of our nation, they pay taxes
and serve and die in our nation's military. Furthermore, there are
millions of American Citizens with Puerto Rican heritage who live on
the continent, hundreds of thousands of whom live in New Jersey. In
many ways, New Jersey is a second home for Puerto Ricans.
I strongly believe that the American citizens who live in Puerto Rico
should have the right to a democratic vote to determine the future
status of these islands. I am pleased that such a referendum will take
place in December. After this vote, Congress should take the
appropriate legislative action that reflects the will of the American
citizens living in Puerto Rico. And I will work with my colleagues to
make sure that this happens.
I urge my colleagues to support this resolution.
The PRESIDING OFFICER. Who seeks recognition?
Mr. MURKOWSKI addressed the Chair.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. MURKOWSKI. I see no other Senator wishing to speak.
I believe there is no more remaining time on our side.
The PRESIDING OFFICER. The Senator from Alaska controls 2 minutes;
the Senator from New Jersey controls 1 minute 45 seconds.
Mr. TORRICELLI. Mr. President, I yield back my time.
Mr. MURKOWSKI. Mr. President, I would be very pleased, if there is no
other Senator wishing recognition, to yield back the remainder of our
time.
The PRESIDING OFFICER. Under the previous order, the resolution and
the preamble are agreed to.
The resolution (S. Res. 279), with its preamble, reads as follows:

S. Res. 279

Whereas nearly 4,000,000 United States citizens live in the
islands of Puerto Rico.
Whereas 1998 marks the centenary of the acquisition of the
islands of Puerto Rico from Spain;
Wheras in 1917 the United States granted United States
citizenship to the inhabitants of Puerto Rico.
Whereas since 1952, Puerto Rico has exercised local self-
government under the sovereignty of the United States and
subject to the provisions of the Constitution of the United
States and other Federal laws applicable to Puerto Rico;
Whereas the Senate supports and recognizes the rights of
United States citizens residing in Puerto Rico to express
their views regarding their future political status; and
Whereas the political status of Puerto Rico can be
determined only by the Congress of the United States: Now,
therefore, be it

[[Page S10508]]

Resolved,

SECTION 1. SENSE OF THE SENATE REGARDING A REFERENDUM ON THE
FUTURE POLITICAL STATUS OF PUERTO RICO.

It is the sense of the Senate that--
(1) the Senate supports and recognizes the right of United
States citizens residing in Puerto Rico to express
democratically their views regarding their future political
status through a referendum or other public reform, and to
communicate those views to the President and Congress; and
(2) the Federal Government should review any such
communication.

Mr. MURKOWSKI. I thank the Chair.
I move to reconsider the vote and lay that motion on the table.
The motion to lay on the table was agreed to.

____________________