Congress Report Points to "Commonwealth" Constitutional Problems
A major new congressional report on Puerto Rico’s political status issue points out constitutional problems with status proposals by Governor Anibal Acevedo Vila ("commonwealth"/D).
The report noted that Congress and the U.S. Justice Department have rejected proposals such as the Commonwealth determining the application of federal laws and entering into trade agreements with foreign countries.
It also said that Acevedo’s proposal for a local assembly to develop the territory’s status options or proposal to the federal government leaves "unaddressed . . . the . . . constitutionality" of the product of the assembly.
The report for the Congress by the Congressional Research Service was made public Thursday.
It was prompted by local efforts this year to establish a process that would lead to the territory attaining a status that is democratic at the national government level and by the plan of the President’s Task Force on Puerto Rico’s Status to issue a report this year. The congressional report said that these developments could lead to congressional action on the issue.
The report reiterated that Puerto Rico remains subject to the federal powers regarding non-State territory of the U.S. despite the adoption of the local constitution that named the territory "The Commonwealth" (in English).
It recognized interpretations that the federal-territorial agreement that led to the local constitution had changed Puerto Rico’s status but said flatly that, "Puerto Rico remains subject to congressional jurisdiction under the Territorial Clause of the U.S. Constitution," pointing out that that the agreement had not "revoked statutory provisions concerning the legal relationship of Puerto Rico to the United States."
It noted that the federal government can still enact laws for Puerto Rico on local as well as federal matters. It gave urban development as an example of a local matter on which Congress could legislate for the territory and taxes as an example of a federal matter.
The report also explained that Puerto Rico’s territorial status is that of a possession rather than an integral part of the U.S. and that this means that not all rights under the U.S. Constitution apply in Puerto Rico.
Although the report recognized that "enhanced commonwealth" remains a status option under discussion in addition to recalling that past ‘enhancement’ proposals have largely been rejected in Washington, it stated that the "commonwealth" option for Puerto Rico’s future status "represents a continuation" of Puerto Rico’s status as a U.S. territory.
In addition to continued territory status, it noted that Puerto Rico’s future status options include statehood, independence, and free association (nationhood in a relatively close but non-binding relationship with the U.S.).
Concerning statehood, the report said that "one of most significant issues" would be the impact on the number of members of the U.S. House of Representatives. It noted, however, that precedents for resolving the issue include increasing the size of the 435-member body, either temporarily or permanently.
The report also noted precedents for English language requirement being applied to statehood grants to territories. Puerto Rico’s resident commissioner in the States, Luis Fortuno (statehood/R), said in reaction, however, that such requirements would be "political suicide" in the States now that such a significant percentage of the population of the States has a Spanish-speaking heritage.
Measures for a smooth economic transition to statehood and nationhood were also noted in the report.
Also concerning nationhood, the report noted that the U.S. citizenship of future Puerto Ricans would be an issue and federal opposition to the idea of dual Puerto Rican and U.S. citizenship.
Much of the report recounted past efforts to resolve Puerto Rico’s status question and issues raised by the question. It also explained that the process for resolving the question was as much of an issue as what the territory’s status options are. "Agreement on the process to be used in considering the status proposals has been as elusive as agreement on the end result" it said.
Although the report was extensive and reflected established federal positions in many respects, it also omitted important facts, contained a number of errors, and strove so hard to present "commonwealth" views that it was unclear in many places.
Thursday, the head of Governor Acevedo’s offices in the States, Eduardo Bhatia, tried to downplay the problems for the governor’s "commonwealth" vision raised by the report, reportedly saying that it was "nothing new" and "more neutral" than other federal reports.
Acevedo’s Washington Office Hires DC Firms
The Puerto Rico Federal Affairs Administration (PRFAA) has begun hiring lobbying, communications, and law firms in the nation’s capital. PRFAA is Governor Acevedo offices in the States.
Most of the companies are holdovers from the Washington team of Acevedo’s predecessor as governor, Sila Calderon, which Acevedo nominally headed as Puerto Rico’s resident commissioner in the States. But one new partnership has been retained: Squire, Knapp & Dunn, which specializes in political campaign advertisements.
PRFAA Director Bhatia was quoted as saying the firm was being retained to help the offices establish relationships with State and local governments in the States. The assignment is surprising given Squire’s expertise and since PRFAA has a dozen offices around the country in addition to its Washington headquarters.
The firm is reportedly being paid $80,000 from April 14th through June 30th.
The law firm of Cooper & Kirk is said to have been contracted for $65,000 from May 5th though June 30th.
Bhatia reportedly said firm would help lobby the Congress for greater funding for the territory in programs such as Medicaid, which contributes to health services for the poor. The assignment is another surprise since partner Chuck Cooper specializes in constitutional law. He has argued in favor of "commonwealth" party political status proposals. He also argued Acevedo’s claim to the governorship when ballots that decided the 2004 election were challenged by statehood party candidate and now territorial senator Pedro Rossello (D).
Cooper headed the U.S. Justice Department’s Office of Legal Counsel as an assistant attorney general during the Reagan Administration. The office is the federal executive branch’s authority on constitutional and other basic law questions. It has provided key legal advice on "commonwealth" party status proposals. Deputy assistant attorney generals from the office have served as co-chairs of the President’s Task Force on Puerto Rico.
Cooper’s firm reportedly had a $40,000 assignment during the Calderon Administration.
Acevedo has kept on as the Commonwealth’s chief lobbyist former Republican National Committee Chairman Charlie Black through his firm, Black, Kelly, Scruggs & Healy. The firm reportedly has a $45,000 a month contract for May and June.
Black has helped Calderon and Acevedo stop federal efforts regarding Puerto Rico’s political status issue.
Another lobbying shop, Smith, Dawson & Andrews, is being paid $30,000 for the two months. Smith, Dawson lobbies for transportation funding but, it, too, has worked with Calderon and Acevedo to block federal efforts regarding the territory’s status. Further, Puerto Rico partner Ramon Luis Lugo is a top "commonwealth" party political strategist in addition to being an astute lobbyist in Washington as well as in San Juan.
Perhaps Calderon’s biggest Washington contractor, the law and lobbying firm Winston & Strawn, received a $26,000 contract but it also has on-going contracts of $620,000 from the Calderon Administration, according to reports. Puerto Rico partner Francisco Pavia is a former Calderon aide.
The firm has lobbied for Calderon-proposed tax exemptions for manufacturers based in the States. It has also worked on transportation issues. Getting shipping between seaports in the States and a new port in Ponce, PR exempted from the requirements to use U.S. ships and crews has been a major objective of Acevedo’s.
Fortuno Beats Acevedo’s Record on Water Project Funding
The U.S. House of Representatives Tuesday passed a bill that would appropriate $39.8 million for Army Corps of Engineers water projects in Puerto Rico.
$38 million are for flood control projects, including $20 million to prevent overflowing of the Puerto Nuevo River, $14 million for the Portugues and Bucana Rivers, and $4 million for the Arecibo River. The $4 million for the Arecibo River was $200,000 more than proposed by the Corps.
The bill would also provide $1.8 million for Corps dredging of the San Juan Harbor.
The legislation -- with Republican Fortuno as Puerto Rico’s resident commissioner in the Republican-controlled House -- contrasts with water project funding bills while Governor Acevedo was resident commissioner. Then, Bush Administration requests for water projects in the territory were regularly cut substantially at the same time that the Congress appropriated much more for water projects in other places than the Administration requested.
The bill was approved days after the House passed another bill that would appropriate $4 million for improvements to the San Juan metropolitan area drinking water system that are needed to protect public health.
The funds would fulfill a Bush Administration request for a special $8 million grant for the Sergio Cuevas filtration plant.
Then Resident Commissioner Acevedo initially failed to obtain any of the funds in fiscal year 2004, the first year that they were proposed by the U.S. Environmental Protection Agency (EPA). But the first $4 million was appropriated last year when the EPA asked the Congress for the funding a second time, then seeking only half of the total amount.
House OKs Improvements to Existing Facilities at Ft. Buchanan
The House Wednesday agreed to permit improvements to existing facilities at the Army’s Fort Buchanan in the San Juan, PR metropolitan area.
The legislation would partially repeal a moratorium on improvements to the base related to the closure of the Navy’s Atlantic Fleet Weapons Training Facility, which had been centered on the island of Vieques, PR.
The Senate Armed Services Committee has agreed to totally repeal the ban, as requested by the U.S. Defense Department, permitting construction of new facilities.
The provisions are contained in bills that would establish policies for the Defense Department for fiscal year 2006, which begins October 1st.
The House provision would permit at least a third of 28 projects that the Army has wanted to undertake to go forward. The Senate provision would enable all 28, worth $100 million, to be done.
The provisions would also facilitate the base’s development for Army Reserve purposes. The territorial government hopes that the base will additionally become the headquarters for the Army National Guard in Puerto Rico.
House Armed Services Committee leaders have been reluctant to lift the moratorium on improvements because the Government of Puerto Rico broke its agreement with the federal government regarding the Vieques training range. They partially relented at the urging of Resident Commissioner Fortuno.
The ban was originally enacted into law so that the activities conducted at Buchanan, in a relatively expensive area, could be relocated to the Roosevelt Roads naval base in the less expensive area of Ceiba, PR if the Vieques range closed. The closure would have freed-up facilities at Roosevelt Roads.
The 2000 law largely approved an agreement regarding the Vieques range reached between then Governor Pedro Rossello, then President Bill Clinton, and the U.S. military. It immediately ended training with live ordnance at Vieques and it provided for a referendum on the island in 2001 that was expected to end training with non-explosives in 2003.
Rossello’s replacement, Governor Calderon, however, broke the agreement in an effort to end training with non-explosives in 2001.
Her effort failed but it helped convince the Navy to close Roosevelt Roads, eliminating the possibility that Ft. Buchanan functions could be moved there.
Fortuno Announces Funds for Historic San Juan Forts
Resident Commissioner Fortuno Monday announced that a bill the House passed May 19th would provide an additional $790,000 for the historic former military forts in Old San Juan, El Morro and San Cristobal.
$590,000 would fund repairs at the U.S. National Park sites. $550,000 would improve the access road and upgrade bathrooms at El Morro. The additional $40,000 would be used to fix San Cristobal’s sewer system.
Another $200,000 would increase the budget to operate the sites in fiscal year 2006 to $2.8 million. The increase obtained by Fortuno is $105,000 more than is being sought by the Bush Administration.
