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PUERTO RICO-1963

THURSDAY, MAY 16, 1963

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON TERRITORIAL AND INSULAR AFFAIRS
OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,

Washington, D.C. The subcommittee met, pursuant to notice, at 9:50 a.m. in room 1324, Longworth Building, Hon. Leo W. O'Brien (chairman of the subcommittee) presiding.

Mr. O'BRIEN. The Subcommittee on Territorial and Insular Affairs will be in order for a hearing on H.R. 5945 by Mr. Aspinall, a bill to establish a procedure for the prompt settlement, in a democratic manner, of the political status of Puerto Rico.

Unless there is objection, H.R. 5945 will be inserted in the record at this point, with reference to identical bills H.R. 5946 by the chairman, H.R. 5947 by Mr. Kyl, H.R. 5948 by Dr. Fernós-Isern, H.R. 5991 by Mr. Gilbert, H.R. 6047 by Mr. Carey, H.R. 6076 by Mr. Ryan of New York, and H.R. 6083 by Mr. Gonzalez.

(The bill referred to follows:)

[H.R. 5945, 88th Cong., 1st sess.]

A BILL To establish a procedure for the prompt settlement, in a democratic manner, of the political status of Puerto Rico

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That duly recognizing the inherent right and juridical capacity of the people of Puerto Rico to govern themselves and to establish such relationships with the Government of the United States as are freely agreed upon, the Congress takes note of joint resolution numbered 1 of the Legislative Assembly of Puerto Rico, approved December 3, 1962, which proposes to the Congress the prompt settlement, in a democratic manner, of the political status of Puerto Rico and hereby establishes the United States-Puerto Rico Compact Commission.

SEC. 2. The Commission shall be composed of tweleve members of whom the President of the United States and the Governor of Puerto Rico shall each appoint four and the President of the Senate and the Speaker of the House of Representatives of the Congress shall each appoint two.

The Commission shall draft a proposed compact of permanent union between the Government of the United States and the people of Puerto Rico in the light of the principles expressed by the Legislative Assembly of Puerto Rico in said joint resolution numbered 1, namely: (a) "the recognition and reassertion of the sovereignty of the people of Puerto Rico"; (b) "the permanence and irrevocability of the union between the United States and Puerto Rico on the basis of common citizenship, common defense, common currency, free market, common loyalty to the values of democracy, and of such other conditions as may be considered, in the compact, of mutual benefit to the United States and Puerto Rico"; (c) the specific definition of the powers of the United States with respect to Puerto Rico and the reservation of all other powers to the people of Puerto Rico; and (d) participation by the people of Puerto Rico in the powers exercised, under the compact, by the Government of the United States, in matters affecting Puerto Rico, in a measure proportional to the scope of such powers and the

adoption of a formula under which the people of Puerto Rico will contribute, in a manner compatible with the stability and economic growth of Puerto Rico, to the general expenses of the United States Government.

The Commission shall render its report to the President and the Congress and to the Governor and the Legislative Assembly of Puerto Rico.

SEC. 3. (a) Any member of the Commission who is not an officer or employee of the Government of the United States or the government of Puerto Rico shall be paid $50 per day for his services while actually engaged on Commission business, and all members shall be entitled to reimbursement for actual travel and reasonable subsistence expenses incurred in connection with their service on the Commission.

(b) The Commission is authorized to appoint and fix the compensation of an Executive Secretary and such additional personnel as may be necessary to enable it to carry out its functions without regard to the civil service laws and regulations, but any Federal employee subject to those laws who may be detailed to the Commission (which detail is hereby authorized) shall retain his civil service status without interruption or loss of status or privilege.

(c) The Commission is authorzed to call upon the head of any Federal department or agency to funrsh, and the heads of such departments and agencies are authorized to furnish without reimbursement, information and assistance which the Commission finds necessary for the performance of its functions.

SEC. 4. Costs incurred by the Commission shall be shared equally by the United States and Puerto Rico. There are hereby authorized to be appropriated such sums, but not more than $ as may be necessary to pay the United States

share of such costs.

SEC. 5. The President is hereby authorized to enter, on behalf of the United States, into a compact with the people of Puerto Rico upon fulfillment of the following conditions:

(a) Adoption of legislation by Congress, after the receipt of the report of the Commission, authorizing a new compact.

(b) Ratification of such compact by the people of Puerto Rico by a majority of the votes cast in a referendum to be held for such purpose, pursuant to the laws of the Commonwealth of Puerto Rico, which laws shall also have provided for submission to the people, as alternatives to ratification of the compact, of proposals to apply for statehood and for independence: Provided, That if a majority of the voters participating in such referendum should favor either of such two alternatives submitted to them instead of the Commonwealth status as proposed to be amended, upon the result of the referendum being certified by the Governor of Puerto Rico to the President, the President shall transmit such certification to the Congress of the United States for such action as it may consider appropriate.

RÉSUMÉ OF H.R. 5945, H.R. 5946, H.R. 5947, H.R. 5948, H.R. 5991, H.R. 6047, H.R. 6076, AND H.R. 6083

The purpose of these several bills is to establish a procedure for the prompt settlement of the political status of Puerto Rico through the creation of a 12man Compact Commission. Under its present constitution, proclaimed on July 25. 1952, pursuant to the act of July 3, 1952 (66 Stat. 327; 48 USCA) Puerto Rico has a "Commonwealth" relationship with the United States. The term "commonwealth" was adopted by Puerto Rico as the official English designation of the body politic created by its constitution. The title in the Spanish language is "estado libre associado."

These bills were introduced in response to Joint Resolution 1 of the Puerto Rico Legislature, dated December 3, 1962, and following extended discussions among representatives of the government of Puerto Rico, members of this committee, and officials from the Executive Office of the President.

Guidelines are laid down in the bills to indicate procedures the Commission shall take to implement the resolution, which follows:

"JOINT RESOLUTION To propose to the Congress of the United States of America the procedure for establishing the ulterior final political status of the people of Puerto Rico

"Whereas the people of Puerto Rico favor the determination of the final political status of Puerto Rico in such manner that no doubt may remain about the noncolonial nature of such status; and

"Whereas the people of Puerto Rico consequently favor, in different proportions, three forms of political status for Puerto Rico: Commonwealth status, based on common citizenship and developed to the maximum that may be agreed upon between the Congress of the United States and supporters of such status in Puerto Rico; federated statehood, under conditions equal to those of the federated States that already compose the American Union; independence as this status exists in the Latin Republics of America; and

"Whereas those who favor Commonwealth status and the supporters of federated statehood are against the separation of Puerto Rico from the United States, and most of the proponents of independence favor that such status be achieved in friendship with the United States; and

"Whereas those who support Commonwealth status conceive its maximum development, in permanent union with the United States of America, under the following principles :

"1. The recognition and reassertion of the sovereignty of the people of Puerto Rico, so that no doubt may remain of their capacity to enter into a compact under conditions of juridical equality.

2. The assurance of the permanence and irrevocability of the union between the United States and Puerto Rico on the basis of common citizenship, common defense, common currency, free market, common loyalty to the values of democracy, and of such other conditions as may be considered, in the compact, of mutual benefit to the United States and Puerto Rico.

"3. The specific definition of the powers of the United States with respect to Puerto Rico, which shall exclusively be those essential to the Union.

"4. All other powers shall be exercised by the constitutional organisms of the people of Puerto Rico.

"5. Participation by the people of Puerto Rico in the powers exercised, under the compact, by the Government of the United States, in matters affecting Puerto Rico, in a measure proportional to the scope of such powers. This may include, among other ways of implementing such participation, the right to vote for the President and Vice President of the United States.

"6. The adoption of a formula under which the people of Puerto Rico will contribute to defray the general expenses of the U.S. Government, in a manner compatible with the stability and economic growth of Puerto Rico.

"Whereas those who favor federated statehood conceive it as the only desirable form of permanent union with the United States, in the way enjoyed by the 50 States of the Union; and

"Whereas those who favor independence conceive it in the form already known in other countries of the Americas; and

"Whereas such three forms of political status are and should be based on the sovereign capacity of the people of Puerto Rico, whether it be for joining the Union as a federated State, for becoming independent, or for developing Commonwealth status, in permanent union with the United States, as requested by its supporters and as the Congress may agree, along the lines of the fourth whereas of this resolution;

"Whereas it is hereby clearly expressed that nothing in this resolution shall be interpreted as an endorsement by supporters of Commonwealth status of either federated statehood or independence; or as an endorsement by supporters of federated statehood of either Commonwealth status or independence; or as an endorsement by supporters of independence of either Commonwealth status or federated statehood: Now, therefore, be it

"Resolved by the Legislative Assembly of Puerto Rico:

"SECTION 1. To propose to the Congress of the United States the prompt settlement, in a democratic manner, of the political status of Puerto Rico, applying the principles here expressed in accordance with the whereases of this resolution. "SEC. 2. That, the Congress once having expressed the form which it is willing to agree that Commonwealth status may take in consonance with the principles contained in the fourth whereas of this resolution, the three status formulas here specified be submitted to the vote of the people of Puerto Rico, on the basis of such expression by Congress and in accordance with the laws of Puerto Rico, so that the winning formula remain established or be established pursuant to the will of the Puerto Rican people.

"SEC. 3. That a copy of this resolution, in the English language, be transmitted to the President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, and the Resident Com missioner from Puerto Rico in the United States.

"SEO. 4. This resolution shall take effect immediately upon its approval and shall continue in effect until its purposes are achieved pursuant to the provisions of section 2 hereof."

Mr. O'BRIEN. I would ask the committee to bear with me briefly at the outset.

We are here, of course, to listen. But I think it might be proper to emphasize what the committee is not considering at this time.

Mr. HALEY. Mr. Chairman, I note that we have a lot of cameras in here which is, of course, against the rules of the House.

Mr. O'BRIEN. I thank the gentleman from Florida. The cameramen know that once the hearings begin that no picturetaking is permitted.

I would like to say that the bill, H.R. 5945, before us provides in a very brief way a high-level study of the total problems, particularly with reference to the political status of Puerto Rico. There might be disagreement as to the method and composition of the Commission, the wording of the resolution, which was written as closely as possible to the resolution adopted by the Legislature of Puerto Rico, and as I understand, agreed to by many people who were not in the legislature.

But we are not considering today, and not deciding today, or at any time this year, as far as I know, the far-reaching questions of statehood, independence, nor are we rewriting, culminating, or doing anything substantial to the Commonwealth Act.

The only question before us is whether we should create this Commission, whether we should give them the tasks outlined in the resolution, the makeup of the Commission. I think if we keep that in mind, I think we might be able to save a considerable amount of time, because there are many witnesses to be heard.

I also would have complete understanding of the fact that in discussion of a bill of this kind, it is not possible to screen out all references to the subjects that I said we are not considering today, so with that understanding, we will proceed to hear the first witness.

Mr. SAYLOR. Mr. Chairman, before you proceed that far, I would like to reiterate what I said on the floor of the House following the introduction of the bills which we are considering today.

First, I said that after having read the bills that we are now discussing and reading the resolution-the joint resolution of the Puerto Rican Legislature-it was impossible for me to determine who drafted these bills in an attempt to carry out their provisions, because if I can read the English translation of the resolution, the bills before us today will absolutely not comply with the resolution which the Puerto Rican Legislature passed.

Therefore, I want it to be understood clearly by all of the witnesses that I would like everyone who appears to show me in the resolution that the Puerto Rican Legislature addressed to this Congress where these bills comply with that resolution.

I think this is one of the basic principles that we must determine before we take any action whatsoever with regard to Puerto Rico.

Mr. Chairman, I ask unanimous consent that I would be permitted to supply for the record certain information that I consider pertinent to these hearings.

Mr. O'BRIEN. Without objection it is so ordered.

(COMMITTEE NOTE.-Subsequently Mr. Saylor submitted for the record the following letter from Vicente Geigel-Polanco, forwarding a paper delivered by him to the Puerto Rico Bar Association this year, relative to the "Law on Federal Relations and the Political Status of Puerto Rico." An English translation of this paper was furnished by the Library of Congress and is placed in the record at this point.)

Hon. JOHN P. SAYLOR,

House of Representatives,

Washington, D.C.

SAN JUAN, PUERTO RICO, May 21, 1963.

DEAR CONGRESSMAN: Please accept my heartfelt congratulation for your forceful and timely statement in the Subcommittee on Territories and Insular Affairs concerning the misleading position of Governor Muñoz-Marín on the resolution under consideration.

You have rendered a valuable service to the clarification of the status of Puerto Rico, pointing out sharply that there has been no pact, no compact, no agreement, between Congress and the people of Puerto Rico relating to our permanent political status.

In a lecture I delivered in the Puerto Rican Bar Association I have discussed with all data available the political setup of Puerto Rico, coinciding fundamentally with your points of view, as expressed in the hearings. I have been fully acquainted with the sources of information in my capacity of professor of law in the University of Puerto Rico, floor leader of the Senate of Puerto Rico (1941-48), and attorney general of Puerto Rico (1949–51).

I am enclosing a copy of this lecture in Spanish, as delivered to the Puerto Rican Bar Association. If you deem it advisable to see that the lecture be translated into English and included as an exhibit in the hearings of the subcommittee or the Congressional Record, I believe it would be useful to those interested in having the facts and a true picture of the Puerto Rican situation. Respectfully yours,

VICENTE GEIGEL-POLANCO.

JUNE 5, 1963.

Hon. JOHN P. SAYLOR,
House of Representatives,

Washington, D.C.

DEAR MR. SAYLOR: Your request of May 24, 1963, addressed to the Legislative Reference Service of the Library of Congress, has been referred to the Law Library for attention and reply. Mrs. Helen L. Clagett, Chief of the Hispanic Law Division, has prepared the enclosed translation into English of the text received from your office of a lecture made by Vicente Geigel-Polanco, of Puerto Rico. The original document in Spanish is also enclosed.

Very truly yours,

FRANCIS X. DWYER, Associate Law Librarian.

THE LAW ON FEDERAL RELATIONS AND THE POLITICAL STATUS OF PUERTO RICO

(By Vicente Geigel-Polanco 1)

I. FICTION AND REALITY WITH RESPECT TO THE FOCUS OF THE PROBLEM

The political drama being lived today by the people of Puerto Rico may be analyzed from various viewpoints. Two basic perspectives are pertinent, of course that of fiction and that of reality.

If the glasses being focussed on it are rose colored by fantasy, the opinion will be the height of optimism. Under those glasses of candor, the beloved island will appear as a free and sovereign land, in militant association with the greatest power of our time, sharing glories and responsibilties in facing international

1 Parliamentary director of the Puerto Rican Senate (1941-48); attorney general of Puerto Rico (1949-51); author of "La Legislación Social de Puerto Rico," "El Despertar de un Pueblo," "Valores de Puerto Rico," and other publications on political, economic, and social problems of Puerto Rico.

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