[Congressional Record Volume 148, Number 95 (Monday, July 15, 2002)]
[House]
[Pages H4598-H4601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CELEBRATING 50TH ANNIVERSARY OF CONSTITUTION OF COMMONWEALTH OF PUERTO 
                                  RICO

  Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and agree to 
the concurrent resolution (H. Con. Res. 395) celebrating the 50th 
anniversary of the constitution of the Commonwealth of Puerto Rico, as 
amended.
  The Clerk read as follows:

                            H. Con. Res. 395

       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress celebrates the 50th 
     anniversary of the Constitution of the Commonwealth of Puerto 
     Rico.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Gilchrest) and the gentlewoman from the Virgin Islands 
(Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).
  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. GILCHREST asked and was given permission to revise and extend 
his remarks.)
  Mr. GILCHREST. Mr. Speaker, I rise today in support of H. Con. Res. 
395. The gentleman from Utah (Mr. Hansen), the gentleman from West 
Virginia (Mr. Rahall), and Resident Commissioner Anibal Acevedo-Vila 
worked together to compose this nonpartisan and status-neutral 
resolution celebrating the 50th anniversary of the constitution of the 
Commonwealth of Puerto Rico.
  H. Con. Res. 395 celebrates the 50th anniversary of this important 
historical event in our Nation's history by listing some highlights 
Puerto Rico's local constitution went through in becoming adopted. The 
resolution is noncontroversial, and I ask Members to join me in its 
support.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.

[[Page H4599]]

  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, H. Con. Res. 395 is a resolution 
authored by the gentleman from Puerto Rico (Mr. Acevedo-Vila) in close 
collaboration and with the full support of both the chairman and 
ranking member, the gentleman from Utah (Mr. Hansen) and the gentleman 
from West Virginia (Mr. Rahall).
  The gentleman from Puerto Rico (Mr. Acevedo-Vila) regrets that he is 
not here for the House consideration of the resolution commemorating 
the 50th anniversary of the constitution of the Commonwealth of Puerto 
Rico, but a long-standing commitment in his district this morning made 
it impossible for him to be here until later today. He has already 
submitted a statement for the Record on his support of this historic 
occasion.
  I take this opportunity, also, Mr. Speaker to commend the resident 
commissioner, the gentleman from Puerto Rico (Mr. Acevedo-Vila) for his 
work on this resolution. H. Con. Res. 395 commemorates the 50th 
anniversary of the constitution of the Commonwealth of Puerto Rico. 
Mindful of the spirited debate over Puerto Rico's political status, the 
resolution was crafted to be nonpartisan and status neutral.
  The adoption of Puerto Rico's constitution began in 1950 with the 
enactment of the U.S. law which permitted Puerto Rico to draft its own 
constitution. A referendum held in March of 1952 ratified the work of a 
constitution convention 6 months in the making. In July 1952, Congress 
approved Puerto Rico's constitution, and it was thereafter signed by 
President Harry S. Truman as Public Law 82-447.
  The relationship between Puerto Rico and the United States predates 
the adoption of their constitution. Their contribution to the diversity 
of the U.S. along with their economic and social development begins in 
1898 and continues today. The constitution is but yet a milestone for 
Puerto Rico, and they look forward to greater political progress.
  Mr. Speaker, Puerto Ricans living in my district, the U.S. Virgin 
Islands, and particularly my home island of St. Croix, have contributed 
significantly to the development of the Virgin Islands. They are now an 
integral part of the fabric of every facet of life in our community.
  I am sure that all of the residents of the U.S. Virgin Islands join 
me in congratulating the esteemed Governor, Sila Calderon, and our 
neighbors, friends and oft times family, the people of Puerto Rico, on 
this 50th anniversary and wish them God's continued blessings not only 
during this celebration but as they continue to realize their dreams 
and aspirations for the future.
  Mr. Speaker, I encourage Members to support this resolution. We look 
forward to expeditious consideration in the other body.
  Mr. Speaker, I yield such time as he might consume to the gentleman 
from New York (Mr. Serrano).
  (Mr. SERRANO asked and was given permission to revise and extend his 
remarks.)
  Mr. SERRANO. Mr. Speaker, I rise with utmost respect for my 
colleagues and with some sadness in my heart because I rise in 
opposition to this resolution. I do so because in our profession, 
perception is a strong weapon. And the perception of this weapon or the 
result will be that we are in fact celebrating the relationship between 
Puerto Rico and the United States. While that relationship has had some 
wonderful moments, it has never stopped, in my opinion, being a 
colonial relationship, in fact.
  I do not think the Congress should at this moment or at any other 
moment celebrate and encourage continued colonial relationships. Now, 
why do I believe that Puerto Rico is a colony of the United States? 
Because while citizenship has been granted since 1917, the same rights 
as other American citizens have not been granted to the American 
citizens who live in Puerto Rico. I often startle some of my colleagues 
by reminding them that if any of us were to move back to Puerto Rico 
right now, we could not serve in Congress with a vote, we could not 
vote for Members of Congress, we could not vote for the President, or 
have full representation. Yet our citizenship supposedly would stay 
intact. I find it very difficult to do what I am doing, but I think it 
needs to be done so we can continue once and for all to discuss this 
issue and bring it to the front of the political discussion in this 
country.
  A few years ago I joined with the gentleman from Indiana (Mr. Burton) 
in the so-called Young bill, which I think was the first real attempt 
for our country to tell the place where I was born what to do about its 
political future. What the Young bill did was say here are your 
options, take a vote, and 180 days from the time you take the vote, we 
will respond. That bill passed the House, never passed the Senate. That 
is sad because that bill in my opinion would have put this thing in 
motion.
  Mr. Speaker, it is clear today that Puerto Rico remains a U.S. 
territory subject to the absolute powers of the U.S. Congress under the 
territorial clause of the United States Constitution in spite of the 
level of internal self-government given by the U.S. Congress.
  When in 1952 the Jones Act was replaced by Public Law 447, which is 
what we are celebrating today, which approved the constitution of 
Puerto Rico, the law governing Puerto Rico changed. However, the 
territorial relationship previously existing did not change at all. And 
a territory, as we all know, is neither a State of the Union nor a 
nation of the world. It is simply a colony. In fact, Puerto Rico holds 
the dubious distinction of being the oldest colony in the world, having 
been a colony of Spain for over 400 years until 1898 and now a colony 
of the U.S. for over 100 years.
  To celebrate any colonial status is to promote and prolong it. And I 
cannot, and I refuse to do that, however benign this resolution may 
seem.
  This Congress should not be celebrating nor promoting the continued 
colonialism of Puerto Rico, and it is time we did something about it. 
The United Nations recognizes two options for decolonization: Puerto 
Rico becomes the 51st State of the Union and joins the other States 
with full powers and responsibilities; or Puerto Rico because a 
sovereign nation unto itself and takes its place among other nations of 
the world.
  Under separation, there is also the option for free association where 
Puerto Rico could negotiate with the United States, common currency, 
postal service, military service; but all negotiated as equals, not as 
it exists today.
  Rather than celebrating and promoting this status, we should let the 
4 million American citizens of Puerto Rico know that the only option 
real to them is not the present option, but the option of statehood or 
independence. Most importantly and most urgently, we must move forward 
to put an end to this colonialism that shames both our Nation and 
Puerto Rico and brings indignity to the over 4 million fellow citizens 
living in Puerto Rico.
  Mr. Speaker, I come to this discussion as a person who feels emotion 
on both sides. I grew up in New York City since I was a little boy 
coming from Puerto Rico. I was born in Puerto Rico. I grew up in a 
State called New York. I know the dignity and strength and democracy of 
being a State. I grew up in an independent Nation called the United 
States. I know the dignity and strength of that. That is all I ask for 
the place I was born in.
  Let me say for those on the island who may not care for these 
comments, I do not approach it as someone who was born there only. I 
approach it as a Member of the United States Congress who, looking at 
the Caribbean, says today, 2002, 104 years later, Puerto Rico should no 
longer be a colony of the United States.
  I respect my colleagues, and I know that their intent is to celebrate 
the relationship. However, I have some problems, serious problems, with 
the relationship. Statehood or independence, that is the way to go.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the constitution that we are celebrating the 50th 
anniversary of is really a milestone for Puerto Rico. As we have heard, 
this is but a step on their road to progress and a future status yet to 
be determined by the people of the Commonwealth of Puerto Rico. I 
appreciate the remarks of the gentleman and his sentiment on this 
issue.

[[Page H4600]]

  Mr. Speaker, I yield back the balance of my time.

                              {time}  1600

  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  I do want to say that the gentleman from Puerto Rico (Mr. Acevedo-
Vila) asked us to propose this resolution for the 50th anniversary of 
the constitution of Puerto Rico with the full intent of giving the 
people of Puerto Rico a great deal of dignity. It is about that that we 
are discussing this issue here this afternoon.
  I urge my colleagues to vote ``aye'' on the resolution.
  Mr. GILMAN. Mr. Speaker, while I do not have any objections to this 
resolution, it does not paint the complete picture regarding the status 
of Puerto Rico. H. Con. Res. 395, does not represent the views of the 
majority of our fellow citizens in Puerto Rico.
  It is important that my colleagues are aware that most of our fellow 
citizens in Puerto Rico and many of our citizens of Puerto Rican 
descent do not share the sentiments of this resolution. Many of our 
constituents do not support continuation of Puerto Rico's current 
political status.
  The constitution enshrined Puerto Rico's status as a U.S. territory. 
Its approval attempted to legitimize the status, but it was 
controversial from the start. This subject to many is visceral, and 
several years ago nationalists were so enraged by this often-divisive 
issue that they fired shots in this very chamber. Their violence was 
unjustified and reprehensible, and world events clearly show that 
resorting to violence to have your voice heard does not advance one's 
cause. Advocates of the constitution were disappointed with the final 
result of an effort that was intended to enable Puerto Ricans to choose 
a permanent, non-territorial status as well as draft a local 
constitution. It only accomplished the latter goal. In fact, the 
counsel to the governor at the time who had a significant role in 
drafting not only the laws that authorized and approved the 
constitution but the constitution itself, recently wrote that even the 
constitution was ``mauled'' in Congress. The counsel called the vents 
of fifty years ago that we rise to celebrate today ``a tawdry record.''
  In fact, approving the equivalent of a state constitution for a 
territory was a democratic innovation in territorial governance at the 
time, even though Puerto Ricans were already electing their own 
governor as well as legislature.
  The current governing arrangement is a sad anachronism in this era. 
It no longer has the support of our fellow citizens in Puerto Rico. A 
12-year governor from the party that is generally associated with the 
current status wrote a few years ago ``all factions do agree on the 
need to end the present undemocratic arrangement, whereby Puerto Rico 
is subject to the laws of Congress but cannot vote in it.''
  In the most recent referendum on the islands' status options, in 
December 1998, the current status received .06% of the vote. The party 
that has been associated with the current status abandoned that losing 
proposition--and never really wanted it.
  Even the most ardent defenders of the status quo, like the current 
Governor, recognize that the current arrangement has had its day, 
although in careful words. The Governor recently said that ``fifty 
years ago'' the arrangement ``fared quite well when compared with the 
prevailing colonial arrangements then existing in the Caribbean. Half a 
century later there are areas where that is no longer the case.''
  Mr. Speaker, with all due respect to the distinguished gentleman from 
the territory and the Governor who were elected with a plurality; they 
are not in a position to speak for the people of Puerto Rico on the 
issue. While a plurality is adequate for conducting day-to-day 
government functions, it is not enough to act on behalf of the islands 
on questions that can change the complete status of the territory. For 
issues of paramount importance a majority is required.
  Puerto Rico has a tradition of handling all such questions on a tri-
partisan basis. This resolution was not the subject of consultations 
with the two minority parties, which together represent a clear 
majority of the vote and the majority of citizens' views on status 
matters. It is important to note that spokesmen for the two parties 
have criticized the resolution because of the status that it 
symbolizes.
  Mr. Speaker, while I do not object to H. Con. Res. 395, we should 
recognize that a majority of Puerto Ricans would not be pleased by our 
passage of this Resolution.
  Mr. ACEVEDO-VILA. Mr. Speaker, I want to thank Chairman Hansen and 
Ranking Member Rahall and the leadership of both parties for their 
support of this Concurrent Resolution celebrating the 50th anniversary 
of the Constitution of the Commonwealth of Puerto Rico.
  In order to fully appreciate the historical significance of the 
Constitution of the Commonwealth proclaimed in 1952, I will share with 
my colleagues some of the pertinent historical facts.
  In 1917 Congress approved the Jones Act, conferring the US 
citizenship to all Puerto Ricans. While citizenship has always been and 
remains cherished by Puerto Ricans, the Jones Act did not provide 
increased local rule or a democratic process through which the people 
of Puerto Rico could exercise their right to self-determination.
  While the Jones Act included a bill of rights, the central principle 
of a democratic system--consent by the governed--was non-existent in 
Puerto Rico. Puerto Rico was therefore treated at this time like a 
colony. For decades, the Puerto Rican people struggled to achieve self-
determination, and democratic rule. After World War II, the colonial 
regime founded under the Jones Act became difficult to sustain in 
Puerto Rico and in Washington. In 1947 Congress responded to Puerto 
Rico's claim for democracy, by enacting the Elective Governor Act. This 
statute provided for the election, every 4 years, of the governor of 
Puerto Rico by the people of Puerto Rico.
  There years later, with Public Law 600 of 1950, Congress began a 
process through which the people of Puerto Rico would exercise their 
right to self-determination by drafting their own constitution. It is 
important to note that Congress did not impose this Act upon the people 
of Puerto Rico, but rather it made an offer to Puerto Ricans that could 
be accepted or rejected. Section 2 of the Act provides: ``This Act 
shall be submitted to the qualified voters of Puerto Rico for 
acceptance or rejection through an island-wide referendum to be held in 
accordance with the laws of Puerto Rico. Upon the approval of this Act 
by a majority of the voters participating in such referendum, the 
Legislature of Puerto Rico is authorized to call a constitutional 
convention to draft a constitution for the said island of Puerto 
Rico.''
  Puerto Rico accepted the offer and a constitutional convention 
drafted the new constitution and in March 1952, the people of Puerto 
Rico ratified it. Months later, the President signed Public Law 447, 
approving the Constitution of the Commonwealth. In that Joint 
Resolution, Congress expressed that Public Law 600 had been approved 
``as a compact with the people of Puerto Rico.'' Finally, in July 25, 
1952, Governor Luis Munoz Marin proclaimed the Constitution of the 
Commonwealth.
  This Constitution established a republican form of government, 
provided for a broad Bill of Rights that followed not only the US 
Constitution but also the Universal Declaration of the Rights of Man. 
This Constitution also provided for the election of all members of the 
legislature by the people.
  As expected, democratic rule, paved the way for cultural growth and 
economic development. After 1952, under the Commonwealth status, Puerto 
Rican culture flourished, and a stronger sense of identity grew. Our 
symbols were brought back to our public landscape, our flag, our 
anthem, etc. The Commonwealth allowed Puerto Ricans to fully and freely 
express their identity and their pride. Moreover, under Commonwealth, 
our economic foundations have grown stronger and the relationship has 
been very beneficial for both Puerto Rico and the United States. Today 
Puerto Rico consumes more U.S. goods per capita than any jurisdiction 
in the world and represents the 9th largest market for U.S. goods in 
the world. In 1999, Puerto Rico purchased $16 billion worth of US 
products, which translates into over 320,000 jobs in the mainland U.S. 
Today I want my colleagues to recognize that Puerto Rico purchases more 
from the U.S. than much larger countries such as China, Italy, Russia 
and Brazil.
  Clearly the Commonwealth Constitution has served well the people of 
Puerto Rico and the status of Commonwealth has benefited the United 
States.
  While the Commonwealth alternative has won every referendum held on 
the Island since 1952, the issue of Puerto Rico's status is not 
settled. It is actually a highly divisive issue. As the representative 
of Puerto Rico in Congress I will continue working to make sure that 
the will of the people of Puerto Rico is heard and respected in 
Washington, and to make sure that any petition to improve the 
Commonwealth be properly addressed.
  Notwithstanding the current debate of status in Puerto Rico, there is 
no doubt that the Constitution of the Commonwealth of Puerto Rico 
represents the greatest democratic achievement of the Puerto Rican 
people, in the 20th century. It is this historical achievement that we 
celebrate on July 25th.
  The Commonwealth is the result of the pragmatic genius and the 
progressive spirit of a great generation of leaders in Puerto Rico and 
in the United States. I quote President Harry Truman on April 22, 1952, 
regarding the approval by Congress of the Puerto Rican Constitution: 
``The Commonwealth of Puerto Rico will be a government which is truly 
by

[[Page H4601]]

consent of the governed. No government can be invested with higher 
dignity and greater worth than one based upon the principle of consent. 
The people of the United States and the people of Puerto Rico are 
entering into a new relationship that will serve as an inspiration to 
all who love freedom and hate tyranny. We are giving new substance to 
man's hope for a world with liberty and equality under law. Those who 
truly love freedom know that the right relationship between a 
government and its people is based on mutual consent and esteem. The 
Constitution of the Commonwealth of Puerto Rico is a proud document 
that embodies the best of our democratic heritage. I recommend its 
early approval by the Congress.''
  Some fifty year have passed since Congress ratified the Constitution 
of Puerto Rico. I am very proud to represent my people and to recognize 
and celebrate this historic event through this resolution today. It is 
an honor to work with my colleagues in Congress and to celebrate with 
all Americans the Commonwealth Constitution and our ongoing commitment 
to democracy, liberty, progress and self-determination.
  I thank my colleagues for their support of this Resolution.
  Mr. RAHALL. Mr. Speaker, as the ranking Democrat on the Resources 
Committee I want to begin by thanking Jim Hansen for his work in 
getting this important resolution celebrating the 50th Anniversary of 
the Constitution of the Commonwealth of Puerto Rico before the House of 
Representatives.
  While it is true that Chairman Hansen and I often have a difference 
of opinion when it comes to issues involving Puerto Rico, on the matter 
before us today we stand united.
  I also want to commend the gentleman from Puerto Rico, Mr. Acevedo-
Vila, for his diligence in bringing this measure to our attention, and 
working to have it considered by the House of Representatives in a 
timely fashion.
  During my tenure in Congress, I've come to appreciate the passionate 
deliberations over Puerto Rico's future political status. Anyone who is 
familiar with this history will recognize how studious one must be in 
crafting legislation, or otherwise, that makes mention of Puerto Rico's 
political status. In this regard, I offer my deep appreciation to Mr. 
Acevedo-Vila for working collaboratively with both Chairman Hansen and 
myself to compose a nonpartisan and status-neutral resolution 
recognizing this milestone for Puerto Rico.
  It is times such as this occasion that we are given good cause to 
step back and appreciate all that the relationship between Puerto Rico 
and the United States has meant to each other over the years. The U.S. 
has benefitted from Puerto Rican achievements in business, the arts, 
government, and athletics. More importantly, the U.S. has been enriched 
by Puerto Rican history, culture, and language. I would also emphasize 
the in time of war the people of Puerto Rico have also shed their blood 
in defense of the United States of America.
  For her part, Puerto Rico has capitalized on the access to economic 
opportunities provided to her from the U.S. relationship. The result of 
this, being a prosperous economy and society.
  The relationship will be perfected. The determination of the people 
of Puerto Rico will make it so. I have a special fondness for the 
people of Puerto Rico. I have found them to be a hard working and 
diligent people with deep passions. Today, I congratulate the people of 
Puerto Rico on this anniversary and encourage my colleagues to support 
this measure.
  Mr. GILCHREST. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Culberson). The question is on the 
motion offered by the gentleman from Maryland (Mr. Gilchrest) that the 
House suspend the rules and agree to the concurrent resolution, H. Con. 
Res. 395, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SERRANO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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