CRS. Puerto Rico: Political Status Considerations; Selected References,

89-400 L Puerto Rico: Political Status Considerations; Selected References, 1972-1989 Jean Bowers Bibliographer, Government and Law Library Services...
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89-400 L

Puerto Rico: Political Status Considerations; Selected References, 1972-1989

Jean Bowers Bibliographer, Government and Law Library Services Division

June 1989

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PUERTO RICO: POLITICAL STATUS CONSIDERATIONS; SELECTED REFERENCES, 1972-1989 SUMMARY This bibliography includes citations to recent journal articles, books, and other materials selected from the Library of Congress computerized files including the CRS Bibliographic Data Base and the Library of Congress Computerized Catalog. It includes materials describing Puerto Rico's political background going back to its early colonial status with Spain, and the question of whether, with its current relationship to the United States, continued Commonwealth status, independence, or statehood is desirable, and what the implications are.

Materials also cover Puerto Rico's political

relations with the United States and other countries. Background materials on Puerto Rico's economy and specific discussion of U.S. aid to Puerto Rico, and the question of how Puerto Rico should be taxed are cited. Citations include materials published from 1972 on and are arranged alphabetically within sections.

CONTENTS

1 1 9

I.

POLITICAL STATUS ................................ A. Puerto Rico ................................... B. Territorial/Statehood Experience .....................

H.

PUERTO RICO'S POLITICAL RELATIONS WITH THE United States and Other Countries ...................... 11

HI. PUERTO RICO'S ECONOMY .......................... A. U.S. Economic Aid to Puerto Rico .................... B. Taxes and Tax Exemption ......................... C. Economic Background ............................

15 15 17 19

IV. SOCIO-CULTURAL, HISTORICAL, AND BACKGROUND INFORMATION ON PUERTO RICO ..................... 23

PUERTO RICO: POLITICAL STATUS CONSIDERATIONS; SELECTED REFERENCES, 1972-1989 I. POLITICAL STATUS A. PUERTO RICO Bhana, Surendra. The United States and the development of the Puerto Rican status question, 1936-1968. Lawrence, University Press of Kansas, 1975. F1975.B45 1975 290 p. Boyes, Bill. Puerto Rico: America's Ulster? Contemporary review, v. 242, LRS83-5047 Apr. 1983: 202-208. Inquires into the impact of the Puerto Rican independence movement on the commonwealth's relation to the United States. "The cost of maintaining Puerto Rico has not yet reached a level which is unacceptable to Washington and it is unlikely that it will do so for some time to come, given the perceived vital importance of the island to the interest of the United States." Breakthrough from colonialism: an interdisciplinary study of statehood. 1st ed., 1984. v. 2. Rio Piedras, P.R., Editorial de la Universidad de JK2411.B73 1984 Puerto Rico, 1984. p. 742-1532. Contents.-The statehood model.~The admission process.-Policy implications of constitutional change in Puerto Rico for the 1980s, the statehood alternative. Colon, Jose. Estado Libre Asociado: the constitutionality of Puerto Rico's legal LRS84-19263 status. Chicano law review, v. 7, 1984: 95-112. Puerto Rico's present status has not ended colonial rule on the island but has legitimized it. Today, while Puerto Ricans continue to advocate the island's association with the United States, it is this very relationship that perpetually condemns them to the status of second-class citizens," this comment asserts.

CRS-2 Deutsch, Michael. New developments in U.S. judicial repression: the use of counterinsurgency methods against the Puerto Rican independence movement. National Lawyers Guild practitioner, v. 45, winter 1988: 15-32. LRS88-2974 Defense attorney charges that law enforcement and judicial efforts regarding the underground Puerto Rican independence movement "have served as the catalyst to enact repressive changes in the law. Particularly, the campaign of federal law enforcement to identify and imprison members of the US based Fuerzas Armadas De Liberacion Nacional Puertorriqueno (FALN), as well as 'Los Macheteros,' a patriotic-clandestine organization operating in Puerto Rico, has resulted in the permanent imposition of counter-insurgency methods." Dillin, John. Will Puerto Rico become 51st State? Christian Science monitor, Mar. 27, 1989: 7. LRS89-2304 The Senate plans three days of hearings on Puerto Rico's future, beginning June 1. At issue are problems stemming from the fact that Puerto Ricans' language is Spanish, they do not pay Federal income tax now, would they as a State; and would this change the fact that they are currently receiving a business tax break. Fernandez, Ronald. Los Macheteros: the Wells Fargo robbery and the violent struggle for Puerto Rican independence. 1st ed. New York, Prentice Hall Press, c!987. 272 p. F1976.F39 1987 Garcia-Passalacqua, Juan M. Puerto Rico: equality or freedom? Caribbean review, v. 13, winter 1984: 8-12. LRS84-4602 "The time has come for the elaboration of an American policy on Puerto Rico .... Such an effort must be directed at achieving a consensus among all sectors, factors and actors on a processs that will lead to a final solution, one in which the American Congress clearly defines the options it is willing to consider, before the people of Puerto Rico are asked to vote and choose among alternative futures." (See also author's book: Puerto Rico: equality and freedom at issue, New York, Praeger, 1984, F1976.G33 1984) Heine, Jorge. Garcia-Passalacqua, Juan M. The Puerto Rican question. New York, Foreign Policy Association, 1983. 72 p. (Headline series no. 266) LRS83-18379 Study "examines some of the critical issues that will affect the resolution of the Puerto Rican question" including a historical overview of U.S.-Puerto Rican relations, political and social developments over the last 30 years, economic problems, and international dimensions of political status.

CRS-3 Leibowitz, Arnold. and The Commonwealth of Puerto Rico: trying to gain dignity parative maintain culture. Georgia journal of international and com 8M6829 LRS law, v. 11, summer 1981: 211-281. "Article describes the boundaries and the potential of the United Commonwealth as well as the challenges it creates for the lved in the States federal structure. It also delineates the issues invo Rico: status choices now before the United States and Puerto Statehood versus Commonwealth." Lieber, James. e 1980: Bloody statehood on the horizon. Mother Jones, v. 5, Jun LRS80-3993 48-52, 56-59. Puerto "President Carter and Congress show a willingness to take ress the Rico into the Union, provided a majority of its people exp showing new preference. And the pro-statehood New Progressive Party, both strength, now counts the island's governor, majorities in Juan) among legislatures and the mayors of most cities (including San apparently its own .... We soon may be entangled in a very violent, insoluble situation akin to Ireland's today." Lindin, Harold J. ed. [Hato History of the Puerto Rican independence movment. 1st F1972.L5 1981 Rey, Puerto Rico], v. 1, c!981. ement "This work tells how the Puerto Rican independence mov , why it began, what keeps it alive, why it inspires, why it stumbles sometimes kills." Maslow, Jonathan Evan. 114-115. On the dole in Puerto Rico. Geo, v. 3, Oct. 1981: 100-112, LRS81-19679 statehood "The strongest opposition to Puerto Rico's move toward 't want to may come from the island's wily rural population-who don now give up the sweet bundle of U.S. government subsidies they enjoy." Melendez, Edgardo. Press, Puerto Rico's statehood movement. New York, Greenwood 66; no. 220) 1988. 194 p. (Contributions in political science, 0147-10 .—The Contents.-Annexationism in nineteenth-century Puerto Rico .exationism Republican Party, 1898-1924: advent and rupture of Ann of postwar Rupture and crisis of Annexationism, 1924-1952.~The rise New Annexationism: from the PER to the PNP, 1952-1968.~The Progressive Party and the politics of equality.

CRS-4 Pastor, Robert. The international debate on Puerto Rico: the costs of being an agenda-taker. International organization, v. 38, summer 19S4: 575-595. LRS84-8584 "Puerto Rico for the United States is a domestic issue with significant international ramifications, which cannot be ignored and should not be dismissed lightly. An increasing number of nations will pursue independence for Puerto Rico regardless of what strategy the United States adopts at the United Nations." The United States and Puerto Rico: a proposal. Washington quarterly, LRS84-7187 v. 7, summer 1984: 56-66. Finding that "the status issue is stalemated," the author purposes "to explain the reasons for the stalemate, then judge both the risks and benefits of breaking that stalemate, and finally offer a proposalmutual determination-for resolving the status issue." Puerto Rico: political status; info pack. Updated as needed. Washington, EP419P Congressional Research Service. New interest in Puerto Rico's political status has been generated by President Bush's call for a referendum to allow Puerto Ricans to choose statehood, independence, or to remain a Commonwealth in free association with the United States, a status it has held since 1952. The last plebiscite on this issue was held in 1967. This packet of materials provides background information on the history of Puerto Rico as well as an overview of possible future political options. Puerto Rico, the search for a national policy, edited by Richard J. Bloomfield. Boulder, Colo., Westview Press, 1985. 192 p. (Westview special studies on Latin America and the Caribbean) E183.8.P9P8 1985 Edited by the World Peace Foundation Director, contributors "explore the main issues surrounding Puerto Rico's political status and economic development from the point of view of the Federal government's reponsibility." Perusse, Roland I. The United States and Puerto Rico: decolonization options and prospects. Lanham, Md., University Press of America, c!987. 177 p. E183.8.P9P47 1987 The Political status of Puerto Rico. Lexington, Mass., Lexington Books, F1976.P58 1986 c!986. 125 p. (An Americas Society book)

CRS-5 Richards, Bill. The uncertain state of Puerto Rico. National geographic magazine, LRS83-3208 v. 163, Apr. 1983: 516-543. "After nearly five centuries of absentee direction-first by Spain, then by the United States-Puerto Ricans are wrestling with themselves to resolve, in their own way, the uncertainties of the future."

Rigau, Marco Antonio. Free association: certain future for Puerto Rico. Revista del Colegio de Abogados de Puerto Rico, v. 48, Oct.-Dec. 1987: 119-140. LRS87-14692 In a lecture delivered at the Latin American Studies Association meeting in Boston, Mass., and at Harvard Law School on Oct. 24, 1986 author refers to the concept of Free Association that the U.S. entered into with the Republic of the Marshall Islands and the Federated States of Micronesia in 1985 and makes a plea for a similar relationship with Puerto Rico. Rodman, Selden. The dilemma in Puerto Rico. New leader, v. 72, Mar. 20, 1989: 3-5. LRS89-2592 New Leader reporter gives background information on the question of political status for Puerto Rico and reiterates on a 1968 conversation with former governor Luis Munoz-Marin. Rodriguez-Orellana, Manuel. The decolonization of Puerto Rico in light of international legal precedents: a case for post-independence advocacy. Boston, Northeastern University School of Law, c!984. 43 p. JX1428.P9R63 1984

Northeastern University professor describes the legal and political relationship between the U.S. and Puerto Rico being that of a "forced marriage" and proposes policies that may lead from a colonial dependence to a mutually beneficial sense of shared goals and obligations.

Rodriquez-Orellana, Manuel. In contemplation of Micronesia: the prospects for the decolonization of Puerto Rico under international law. University of Miami interLRS87-14693 American law review, v. 18, spring 1987: 457-490.

Examines international law with respect to the political status of Micronesian Islands and concludes that Puerto Rican independence offers Puerto Ricans the ability to shed all forms of colonialism and to begin establishing new international ties.

CRS-6 Rodriguez-Suarez, Jose. Congress giveth U.S. citizenship unto Puerto Ricans; can Congress take it away? Revista del Colegio de Abogados de Puerto Rico, v. 48, LRS87-14691 Jan.-Mar. 1987: 37-53. If Puerto Rico becomes an independent nation, questions are bound to arise as to the effect that the new political status would have on U.S. citizenship conferred by Congress to those born on the Island. In all likelihood, the issue of citizenship would be a subject of negotiations between the United States and Puerto Rico. A question likely to arise is if Congress can automatically divest Puerto Ricans domiciled on the Island of U.S. citizenship upon United States relinquishing its sovereignty over the Island or if an individual renunciation would be necessary instead." (Also published in Revista Juridica de la Universidad de Puerto Rico, v. 55, no. 4, 1986). Romero-Barcelo, Carlos. Puerto Rico, U.S.A.: the case for statehood. Foreign affairs, v. 59, fall LRS80-10642 1980: 58-81. The author, former Governor of Puerto Rico intends "to show why 'commonwealth' is a myth, and why the time has come for Puerto Rico to enter the union as the 51st state." Seidin, Richard. The Puerto Rico reports. In U.S. General Accounting Office. Office of the General Counsel. OGC adviser, v. 4, no. 3, 1981: 18-21. LRS81-20360 Article discusses the legal questions raised during the preparation of two GAO reports, "Experiences of Past Territories Can Assist Puerto Rico Status Deliberation" (GGD-80-26, March 7, 1980) and "Puerto Rico's Political Future: A Divisive Issue with Many Dimensions" (GGD-81-48, March 2, 1981). Should Puerto Rico become a state? Nuestro, v. 7, June-July 1983: 34-39. LRS83-18155 Contents.~For statehood, by C. Romero-Barcelo.-Against statehood, by R. Berrios-Martinez. Stumbo, Bella. Free spirit of Puerto Rico politics. Los Angeles times, pt. 1, Apr. 21, LRS89-2920 1989: 1, 40-43. Profiles Ruben Berrios Martinez, president of the Puerto Rican Independence Party and outlines differences between his party, the pro-commonwealth Popular Democratic Party, and the pro-statehood New Progressive Party.

CRS-7 Tansill, William. Puerto Rico: independence or statehood? A survey of historical, political, and socioeconomic factors, with pro and con arguments. Revista del Colegio de Abogados de Puerto Rico, v. 41, Feb. 1980: LRS80-11919 79-100. "Regardless of the type of political status Puerto Rico may acquire in the future, a number of socioeconomic problems must be resolved or at least mitigated before any type of government could be reasonably successful." Taylor, Bette A. Puerto Rico: political status options; issue brief. Updated regularly. IB89065 Washington, Congressional Research Service, 1989. The political status of Puerto Rico has reemerged as an issue in Congress given renewed calls for a plebiscite, because of widespread discontent with present commonwealth status, dissatisfaction on the part of advocates of statehood or independence, and the expression of support for Puerto Rican statehood by President Bush. Legislation was introduced in the 100th Congress to begin the process of Puerto Rican statehood, and legislation calling for a plebiscite has been introduced in the 101st Congress. Time for decision: the United States and Puerto Rico. Edited by Jorge Heine. Lanham, Md., North-South Pub. Co., c!983. 302 p. F1976.T56 1983 Contents.-Introduction, by Jorge Heine.-The party system, by Robert Anderson.-Puerto Rican political participation, by Andelo Falcon.-The Puerto Rican labor movement, by Miles Galvin.-Puerto Rico, 1948-1979, by Jose Joaquin Villamil.-The transfer economy of Puerto Rico, by Elias Gutierrez.-Crops vs. coupons, by Richard Weisskoff.-The economic implications of statehood, by Bertram Finn.Ideological links between Puerto Rican and U.S. political parties, by Juan Manuel Garcia-Passalacqua.--The American statehood process and its relevance to Puerto Rico's colonial reality, by Luis Davila and Nelida Jimenez.--U.S. policy and Puerto Rico, by Alfred Stephan. Trop, Everett H. Statehood would hurt Puerto Rican economy. In Remarks of Jaime B. Fuster. Congressional record daily ed., v, 135, Apr. 4, 1989: E1043. LRS89-2305

Reprinted from the Orlando (Fla.) Sentinal, Feb. 19, 1989. Weighs the question of Statehood for Puerto Rico, summarizing the history of Puerto Rico's relationship with the U.S. Asserts that "unless the island's economic growth proceeds a lot further than it has in the last 40 years, statehood would be disastrous, despite the claims to the contrary by statehood advocates."

CRS-8 U.S. General Accounting Office.

Experiences of past territories can assist Puerto Rico status deliberations: report to the Congress. Mar. 7, 1980. [Washington] GAO., 1980. 90 p. JK2411.U54 1980 "GGD-80-26, B-196753." Analyzes "the procedures and terms established by the Congress admitting States and granting independence.

Puerto Rico: update of selected information contained in a 1981 GAO report; fact sheet to the chairman, Committee on Energy and Natural Resources, U.S. Senate. June 1989. [Washington] GAO., 1989. 14 p. "GAO/HRD-89-104FS" LRS89-4442 Bibliographic update to GAO's report: Puerto Rico's political future: a divisive issue with many dimensions (GGD-81-48, Mar. 2, 1981). Puerto Rico's political future: a divisive issue with many dimensions; report to the Congress by the Comptroller General of the United States. [Washington] 1981. 144 p. LRS81-1352 "GGD-81-48, Mar. 2, 1981" "The island's over 3 million U.S. citizens continue to debate whether to retain the current Commonwealth arrangement or petition the Congress for statehood, independence, or an amended form of the present status .... Compounding ideological and political divisions, the status debate also presents numerous financial and other consider­ ations and encompasses added dimensions, such as cultural convictions and international issues." Weinberg, David. Island of the damned: Puerto Rico, U.S A Rolling stone, no. 383, Nov. 25, 1982: 39-42, 45, 47, 81. LRS82-12997 "Its impoverished people must decide whether to become an independent nation or the fifty-first state. And there's more at stake here than economics." B. TERRITORIAL/STATEHOOD EXPERIENCE Bray, Howard. Deakin, Doris. Hawaii and the U.S. territories: a report to the Alaska Statehood Commission. Juneau? The Commission 1981? 148 p. LRS81-20634 Reports "on how America's territories are faring in their relations with the federal government and how Hawaii, once one of them, has progressed since it became a state in 1959, eight months after Alaska."

CRS-9 Leibowitz, Arnold N. Defining status: a comprehensive analysis of United States territorial F965.L45 1989 relations. Dordrecht Boston, Nijhoff, 1989. Rigau, Marco Antonio. In the absence of Utopias, the Puerto Rican and the United States LRS88-8016 reality, Carribbean affairs, v. 1, July-Sept. 1988: 20-40. Sees the concept of "free association," as worked out in the Compact between the United States and the Marshall Islands and the Federated States of Micronesia, as "an important point of reference for the United States in the future negotiations with the Commonwealth of Puerto Rico and other territories. They can also be a model for Puerto Rico." Taylor, Bette A. Territorial political development: an analysis of Puerto Rico, Northern Mariana Islands, Guam, Virgin Islands, and American Samoa, and the Micronesian Compacts of Free Association. Oct. 17, 1988. Washington, Congressional Research Service, 1988. 41 p. 88-657 GOV At the present time, the American territories comprise Puerto Rico, American Samoa, Northern Mariana Islands, Guam, and the Virgin Islands. This report describes the organization of the American territorial system and the evolution of political changes in each of the territories as well as a brief description of the Compact of Free Association terminating the Trusteeship agreement with the Micronesian political entities.

CRS-11

H. PUERTO RICO'S POUTICAL RELATIONS WITH THE UNITED STATES AND OTHER COUNTRIES Ad Hoc Advisory Group on Puerto Rico. Compact of permanent union between Puerto Rico and the United States: report of the Ad Hoc Advisory Group on Puerto Rico, [s.l., s.n.] 1975 (San Juan General Services Administration, Purchase, LAW Services, and Supply Area, Printing Division). 124, 128 p. Ameringer, Charles D. The tradition of democracy in the Caribbean: Betancourt, Figueres, Munoz and the Democratic Left. Caribbean review, v. 11, spring 1982: LRS82-5501 28-31, 55-56. "The unique leadership of Betancourt, Figueres, and Munoz has established a tradition of democracy in the Caribbean. They created working democracies in Venezuela, Costa Rica, and Puerto Rico and contributed to democratic progress in the Dominican Republic and Honduras. Their achievement provides hope for the future and a nexus for the formulation of U.S. policy." Cabranes, Jose A. Citizenship and the American empire: notes on the legislative history of the United States citizenship of Puerto Ricans. University of LRS78-20525 Pennsylvania law review, v. 127, Dec. 1978: 391-492. Article, reviewing congressional developments from the 1900 Foraker Act making "all inhabitants. . .citizens of Porto Rico" only to the 1917 passage of the Jones Act, concludes that Congress "cannot be said intentionally to have imposed American citizenship on the people of Puerto Rico. Although geographic and racial considerations were major factors in the decision to make the Puerto Ricans American citizens, the history of support for such a measure by the island's political leaders and the lack of resistance to American rule were equally important factors. Carr, Raymond. Puerto Rico, a colonial experiment. New York, New York University E183.8.P9C37 1987 Press, 1984. 477 p.

CRS-12 Castro's Puerto Rican obsession. [Washington] Cuban American National Foundation, 1987. 53 p. (Occasional publications series 21) LRS87-4995 "Fidel Castro has shown a peculiar obsession with Puerto Rico. His regime has devoted an inordinately large amount of time and energy to 'the Puerto Rican question' .... By supporting Puerto Rican terrorist organizations and condemning the existing relationship between the United States and Puerto Rico in international forums, Fidel Castro seeks to drive a wedge between the United States and Puerto Rico .... This paper chronicles Castro's interference in U.S./Puerto Rican affairs, and analyzes Cuba's objectives in promoting unrest in the United States and the Caribbean Basin." Clark, Truman R. Puerto Rico and the United States, 1917-1933. Pittsburgh, Pa., University of Pittsburgh Press, 1975. 238 p. F1975.C54 Contents.-From Spanish to United States citizenship.-Prohibition, war, and woman suffrage.~"100% Americanism" comes to Puerto Rico.-The kaleidoscope of Puerto Rican politics, 1923-1929.-The insular economy, 1917-1933.-"The Hillbilly in the Governor's mansion."-Puerto Rico become Puerto Rico.-The policy of no policy. Documents on the constitutional relationship of Puerto Rico and the United States. Edited by Marcos Ramirez Lavandero. 3rd edition. Washington, Puerto Rico Federal Affairs Administration, 1988. 624 p. LRS88-14659 Includes cases, citations and legal documents relating to Puerto Rico under the Spanish flag, with the Treaty of Paris (1898), as a U.S. territory, in its commonwealth status, with amendments to the Federal Relations Act and documents relating to proposed modifications to commonwealth status. First Organic Act of Puerto Rico: 1900. In Documents on the consti­ tutional relationship of Puerto Rico and the United States. Washington, Puerto Rico Federal Affairs Administration, 1988. p. 58-73. LRS88-14657 "Known as the Toraker Act', which was in force from May 1, 1900, to March 2, 1917." Garcia-Passalacqua, Juan M. Intertwined futures: Puerto Rico, the United States, the Caribbean Basin, and Central America. Fletcher forum, v. 9, summer 1985: 269-294. LRS85-8382 The author "emphasizes the historical and continuing significance of Puerto Rico to the stability of the Caribbean region and, by extension, to the security of the United States."

CRS-13 GrafTam, Richard. is The Federal courts' interpretation of Puerto Rican law: whose law it, anyway? Revista del Colegio de Abogados de Puerto Rico, v. 47,5035 LRS86-1 Apr.^June 1986: 111-142. 6, Puerto Rico: a victim of U.S. colonialism and racism. Palestine, v. 80-1846 LRS Jan. 1980: 122-125. Presents an interview with a delegation of the Puerto Rican Socialist Party. Quigley, John. The legality of military bases in non-self-governing territory: the case nal of United States bases in Puerto Rico. Denver journal of internatio0372 LRS88-1 law and policy, v. 16, winter-spring 1988: 323-351. "A state administering a non-self-governing territory is obliged to act in the best interests of the local population .... An adminis­ tering state that establishes military bases not to defend the non-selfgoverning territory, but for its own purposes, may violate its obli­ gations to the non-self-governing territory .... This article analyzes applicable customary law, developed largely through the League of s Nations and United Nations. It examines United States military base in Puerto Rico as a case study." Seper, Jerry. 3, The Cuban spark in Puerto Rico. Insight (Washington times), v. LRS87-12747 Feb. 2, 1987: 29. "Castroite terrorists continue trying to end Puerto Rico's U.S. affiliation. The reputed leader of a local group, the Macheteros, was involved in the failed labor negotiations immediately preceding the deadly Dec. 31, hotel fire in San Juan." U.S. Congress. House. Committee on Interior and Insular Affairs. Federal policies regarding the U.S. insular areas. Oversight hearing, . 1988 99th Congress, 2nd session. Apr. 10, 1986. Washington, G.P.O., LRS88-12670 434 p. "Serial no. 99-73" U.S. Congress. House. Committee on Interior and Insular Affairs. International role of the U.S. insular areas. Oversight hearing, 99th Congress, 2nd session. July 17, 1986. Washington, G.P.O., 1988. 2669 LRS88-1 398 p. "Serial no. 99-81"

CRS-14 U.S. Court of Appeals (1st Circuit). Judicial Conference (1985 : San Juan, P.R.) Applicability of the United States Constitution and Federal laws to the Commonwealth of Puerto Rico: proceedings of the First Circuit Judicial Conference, San Juan, Puerto Rico, November 4-6, 1985. Federal rules LRS86-12461 decisions, v. 110, Sept. 1986: 449-489. "Consists of the opening remarks by Honorable Juan R. Torruella, Circuit Judge, United States Court of Appeals for the First Circuit, and papers prepared by Dr. David M. Helfeld, Professor of Law, University of Puerto Rico School of Law and Catholic University School of Law, Honorable Jose A. Cabranes, United States District Judge for the District of Connecticut and Rafael Perez-Bachs, Esquire, for a panel presentation."

CRS-15

. PUERTO RICO'S ECONOMY A. U.S. ECONOMIC AID TO PUERTO RICO Bonilla, Frank. Industry & idleness, by Frank Bonilla and Ricardo Campos. New York, Centro de Estudios Puertorriquenos, 1986. 106 p. HD8081.P8B66 1986 Corrado del Rio, Baltasar. The Reagan Administration's policies and Puerto Rico. Puerto Rico LRS82-3374 business review, v. 7, Jan.-Feb. 1982: 3-9, 29. Estimates the effects of budgetary reductions. "In the first round of cutbacks, Puerto Rico has experienced a direct reduction and a postponement of programs that are critical to the economy." Curet, Eliezer. Puerto Rico: development by integration to the U.S. Rio Piedras, Puerto Rico (Calle Roble No. 51, Rio Piedras 00925), Editorial HC154.5.C87 1986 Cultural, 1986. 257 p. Explains the economic development of Puerto Rico and its economic relationship with the U.S. Devaney, Barbara. Fraker, Thomas. Cashing out food stamps: impacts on food expenditures and diet quality. Journal of policy analysis and management, v. 5, summer LRS86-6211 1986: 725-741. "On July 1, 1982, The Commonwealth of Puerto Rico implemented a cash food assistance program, known as the Nutrition Assistance Program, as a replacement for the existing Food Stamp Program .... Based on household food use survey data collected before and after the introduction of the Nutrition Assistance Program, this paper examines the program's impacts on household food expenditures and diet quality. The results of the analysis indicate that the cashing out of food stamp benefits in Puerto Rico had virtually no impact on food expenditures and diet quality." Inclan, Roberto. Commonwealth net consolidated budget for fiscal year 1988. Puerto LRS87-11051 Rico business review, v. 12, Sept. 1987: 1-6.

CRS-16 Levine, Barry B. Puerto Rico: cashing out food stamps. Journal of the Institute for Socioeconomic Studies, v. 7, autumn 1982: 47-58. LRS82-12026 Assesses the impact of Puerto Rico's decision to convert its food stamp program (transformed by the FY 1982 budget into a nutrition assistance block grant) to a program of cash aid. Udall, Alan T. The Reagan budget cuts and Federal funding to Puerto Rico. Business review, v. 6, Oct. 1981: 2-9. LRS8M7136 Contends that the effects of the budget cuts will not be as severe as recent press reports have indicated. "Federal funding to Puerto Rico will continue to grow, but the pace of growth will be slower than that of the past few years." U.S. Congress. House. Committee on Agriculture. Subcommittee on Domestic Marketing, Consumer Relations, and Nutrition. Review of the nutrition assistance program for Puerto Rico. Hearing, 98th Congress, 1st session. Washington, G.P.O., 1984. 138 p. "Serial no. 98-31" KF27A3336 1983g Hearing held June 20, 1983, San Juan, P.R. U.S. Congress. House. Committee on Education and Labor. Subcom­ mittee on Postsecondary Education. Hispanic access to higher education. Hearings, 98th Congress, 1st session. Washington, G.P.O., 1983. 631 p. KF27.E369 1983v Hearings held in San Juan, Puerto Rico on May 27, 30; and Ponce, Puerto Rico, May 31; Houston, Tex., Dec. 2; Chicago, 111., Dec. 12, 1983. U.S. Congress. House. Select Committee on Aging. Impact of budget cuts on programs for the elderly in Puerto Rico. Hearing, 97th Congress, 1st session. Washington, G.P.O., 1982. 73 p. "Comm. pub. no. 97-319 KF27.5A3 19811 Hearing held Sept. 21, 1981 in San Juan, P.R. U.S. General Accounting Office. Welfare and taxes: extending benefits and taxes to Puerto Rico, Virgin Islands, Guam, and American Samoa; report to the Acting Chairman, Subcommittee on Public Assistance and Unemployment Compensation, Committee on Ways and Means, House of Representatives. Sept. 15, 1987. Washington, G.A.O., 1987. 211 p. LRS87-10505 "GAO/HRD-87-60, B-220538" Analyzes "the potential effects of fully extending Supplemental Security Income (SSI), Aid to Families with Dependent Children (AFDC), Medicaid, foster care, Child Support Enforcement, Food Stamps, and federal income taxes to Puerto Rico, the Virgin Islands, Guam, and American Samoa."

CRS-17 Walker, Ronald. Puerto Ricans fear further aid cuts could make it a 'tropical South Bronx*. National journal, v. 14, July 17, 1982: 1253-1256. LRS82-6632

"More than the states, Puerto Rico is suffering from federal aid cuts, and, writes a former editorial page editor of the San Juan Star, it fears President Reagan's Caribbean initiative."

Zorrilla, Frank. Implementation of the Job Training Partnership Act in Puerto Rico; final report. Washington, National Commission for Employment Policy, 1986. 138 p. (Research report series RR-86-23) LRS86-13611 Reports on a study "designed to provide a case history of the implementation of a new Federal program, the Job Training Partnership Act (JTPA), in the Commonwealth of Puerto Rico."

B. TAXES AND TAX EXEMPTION Brumbaugh, David L. The possessions tax credit (IRC section 936): background and issues. Mar. 11, 1988. Washington, Congressional Research Service, 1988. 88-200 E 9 p. The U.S. tax code's possessions tax credit provides a substantial tax benefit for U.S. firms that operate in U.S. possessions. The credit is designed to promote economic growth and employment in the pos­ sessions by attracting investment by U.S. businesses. Some have questioned the cost-effectiveness of the credit, arguing that its impact on employment has been weak compared to its cost in terms of forgone tax collections. But the government of Puerto Rico maintains that the tax benefit is indeed effective in promoting economic growth and continues to rely on the credit as a key part of its economic development strategy. Davidson, Ann J. A credit for all reasons: the ambivalent role of section 936. University of Miami inter-American law review, v. 19, fall 1987: 97-136. LRS87-13583 "Article evaluates Section 936 the possessions tax credit of the Internal Revenue Code from the perspective of the infrastructure development which has taken place in Puerto Rico over the past forty years." While some view the statute as a costly giveaway to high technology industries investing in Puerto Rico, it has been crucial in making the island competitive.

CRS-18 Hoflf, Karla. U.S. Federal tax policy towards the territories: past, present and LRS81-19487 future. Tax law review, v. 37, fall 1981: 51-102. Partial contents.-U.S. tax relationship with Puerto Rico.-U.S. income tax relationship with the Virgin Islands.-Grant of Federal excise taxes to the Virgin Islands.-U.S. income tax relationship with Guam.-Opportunities for Federal tax evasion and avoidance.-Does the United States-territorial tax relationship promote territorial fiscal autonomy?-Alternatives to the present Federal-territorial income tax relationship. Impact of possessions corporations tax treatment on Puerto Rican economic growth. International tax journal, v. 10, Jan. 1984: 113-152. LRS84-2786 "Reviews the ways in which the tax treatment of possessions corporations affects the kinds of operations attracted to Puerto Rico. It also describes how some U.S. corporations have sought to increase the attractiveness of Puerto Rico as an* investment location by transferring patents, trademarks, and other intangible assets to Puerto Rico and analyzes the impact of intangible and financial assets on Puerto Rican growth." Kaufman, Nancy H. Puerto Rico's possessions corporations: do the TEFRA Amendments go too far? Wisconsin law review, v. 1984, no. 2, 1984: 531-566. LRS84-10555 "This Comment concludes that the amendments may result in economic hardship for Puerto Rico while the revenue benefits to be derived by the United States are questionable." Madera, Jose R. The Economic Development Administration report on the benefits of Section 936, U.S. Internal Revenue Code, to Puerto Rico, U.SA. Hato HJ4676A7M33 1984 Rey, Puerto Rico, 1984. 44 p. The Operation and effect of the possessions corporation system of taxation; sixth report. Washington, Dept. of the Treasury, 1989. 109, 16 p. LRS89-2359 Contents.-Introduction and summary.-United States and Puerto Rican law.-Economic development in Puerto Rico.-Characteristics of possessions corporations and revenue effect of section 936.-Impact of 936 financial assets on Puerto Rico growth-recent developments.-The impact of 936 financial assets on Puerto Rican investment-recent developments.

CRS-19 U.S. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on General Oversight and Renegotiation. Puerto Rico and the Section 936 tax incentives. Hearing, 97th Congress, 2nd session, Dec. 15, 1982. Washington, G.P.O., 1983. KF27.B5443 1982c 365 p. "Serial no. 97-97." "Examines the implications of the Section 936 tax incentive program on Puerto Rico's financial structure. Includes charts and statistics. U.S. Congress. Senate. Committee on Finance. Tax reform proposals-XXTV. Hearing, 99th Congress, 1st session. Oct. 3, 1985. Washington, G.P.O., 1986. 470 p. (Hearing, Senate, LRS86-8127 99th Congress, 1st session, S. Hrg. 99-246, pt. XXIV) Hearing on the impact of tax reform proposals on regulated industries as well as on U.S. possessions and territories. U.S. and Puerto Rican taxation of section 936 corporations. International LRS83-10681 tax journal, v. 9, May 1983: 234-253. "This article is a chapter of the Treasury Department's fourth report on 'The Operation and Effect of the Possessions Corporations System of Taxation.'»n C. ECONOMIC BACKGROUND Begrad, Laird M. Coffee and the growth of agrarian capitalism in nineteenth-century Puerto Rico. Princeton, N.J., Princeton University Press, c!983. HD9199.P92B47 1983 242 p. Emphasizes Puerto Rico's place in Latin American economic history as opposed to its relationship with the United States. Bonilla, Frank. Campos, Ricardo. A wealth of poor: Puerto Ricans in the new economic order. Daedalus, LRS81-4475 v. 101, spring 1981: 133-176. Argues that the infusion of American investment into Puerto Rico, promoted as a means of industrial development, has in fact pushed millions of Puerto Ricans into the mainland as they flee unemployment. Business International Corporation. Puerto Rico, critical choices for the 1980s. New York, The HC154.5.B87 1980 Corporation, c!980. 172 p. Contents.-Puerto Rico at the turning point.-The political framework.-The status issue.-Puerto Rico's success story.-The economy today .-The Administration's game plan.-Offshore investment.-The tax angle.-The labor scene.-Other operating variables.-1978 Industrial Incentives Law, Act no. 26.

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The Caribbean Basin Initiative: genuine or deceptive? An early assessment. Edited by Glenn O. Phillips and Talbert O. Shaw. Baltimore, Md., HF1496.5.U6C37 Morgan State University Press, 1987. 143 p. Cox, William A. Four major economic issues emerge in comprehensive study of Puerto * LRS80-5866 Rico. Business America, v. 3, Mar. 24, 1980: 22-26. Summarizes a two-volume study of Puerto Rico's economy. Curet, Eliezer. Puerto Rico: development by integration to the U.S. Rio Piedras, P.R., LRS86-13631 Editorial Cultural, 1986. 257 p. Examines "the economic development of Puerto Rico, particularly the nature and causal relations of the rapid rate of economic growth which was experienced from 1950 to 1974 and the slowdown that has been observed since then .... The events since 1973 have been interpreted to represent a long-term trend. The Puerto Rican economy has reached a level of maturity in which it is subject to wide cyclical fluctuations with a very low net long-term growth rate of per capita output. These trends can not be reversed without substantial changes in the economic and political structure." Dietz, James L. Economic history of Puerto Rico: institutional change and capitalist development. Princeton, Princeton University Press, c!986. 337 p. HC154.5.D54 1986 Contents.-The period of Spanish colonialism.-The early period of U.S. control, 1898-1930.~The thirties: crisis and transformation.-The origins of industrialization: from State capitalism to Operation Bootstrap.-Growth and misdevelopment: the 1950s to the present. Puerto Rico in the 1970s and 1980s: crisis of the development model. LRS82-6524 Journal of economic issues, v. 16, June 1982: 497-506. Examines Puerto Rico's development strategy. Hornblower, Margot. Puerto Rico: the underside of paradise. Washington post, June 21, LRS81-7556 1981: Al, A14; June 22: Al, A10; June 23: Al, A10. Articles point out criticism of Puerto Rico's "Operation Bootstrap" program for economic development; examine poverty in a San Juan slum; and portray the cultural confusion that Americanization has brought.

CRS-21 Negron Rivera, Erik G. Beyond section 936: a suggested departure from tax-sheltered stagnation in Puerto Rico. Revista del Colegio de Abogados de Puerto LRS86-15034 Rico, v. 47, Apr.-June 1986: 143-182. "Analysis depicts in detail the problems that currently afflict Puerto Rico's economy, elaborating at the same time on their structural causes. After a relatively brief outline of the island's pre-1970 economic history, evidence is presented in support of the view that changes in the world economy have rendered Puerto Rico's development model obsolete. Concluding that it is in the best economic interests of both the United States and Puerto Rico for the latter to become an independent nation, the analysis ends with a series of basic suggestions pertaining to the mutually desirable transition agreement which is submitted should govern the economic aspects of the proposed modification in both parties' political relationship." Sanchez Vilella, Roberto. Puerto Rico and the U.S.: the political economy of later-day bootstrap. LRS84-4596 Caribbean review, v. 13, winter 1984: 4-7, 44. Former Puerto Rico governor believes that "for more than a decade, it has been increasingly evident that Puerto Rico's economic development program is insufficient." U.S. Congress. House. Committee on Interior and Insular Affairs. Puerto Rico's economy. Oversight hearing, 99th Congress,. 2nd session. May 20 and 22, 1986. Washington, G.P.O., 1988. 525 p. LRS88-12322 "Serial no. 99-77" U.S. President (1981-1989 : Reagan) Caribbean Basin economic recovery; message. Washington, G.P.O., 1983. 13 p. (Document, House, 98th Congress, 1st session, no. 98-21) LRS83-19880 Weisskoff, Richard. Factories and food stamps: the Puerto Rico model of development. Baltimore, Johns Hopkins University Press, c!985. 190 p. (Johns HC154.5.W45 1985 Hopkins studies in development) "Treatise deals with the daily operation of the Puerto Rican economy as it is currently constituted ... to clarify how the parts of Puerto Rico's economy fit together, how they function, and what their effects on the society are."

CRS-23

IV. SOCIO-CULTURAL, HISTORICAL, AND BACKGROUND INFORMATION ON PUERTO RICO "Elective Governor" Act (1947), Public Law 362-80th Congress, 1st session H.R. 3309. In Documents on the constitutional relationship of Puerto Rico and the United States. Washington, Puerto Rico Federal Affairs LRS88-14656 Administration, 1988. p. 103-106. Figueroa, Loida. History of Puerto Rico from the beginning to 1892. New York, Anaya F1971.F513 Book Co., 1972. 474 p. Flores, Juan. Attinasi, John. Pedraza, Pedro, Jr. La Carreta made a u-turn: Puerto Rican language and culture in the LRS81-4476 United States. Daedalus, v. 101, spring 1981: 193-217. "Conclusions drawn from a long-term study of linguistic practice and attitudes on a single block in El Barrio East Harlem point up the particular complexity of sociolinguistic change in the Puerto Rican case. These conclusions challenge many guiding assumptions of previous discussions of bilingualism, and have important consequences for the framing of educational policy for Hispanics." Garcia Martinez, Alfonso L. Language policy in Puerto Rico, 1898-1930. Revista del Colegio de LRS81-16828 Abogados de Puerto Rico, v. 42, May 1981: 87-99. Article surveys the imposition and development of the practice of the teaching both in and of English to Americanize the Spanish-speaking population. Maldonado-Denis, Manuel. Puerto Rico: a socio-historic interpretation. Translated by Elena Vialo. 1st American ed. New York, Random House, 1972. 336 p. F1975.M2713 1972 Contents.-Under Spanish colonialism (1493-1898).-The first four decades of North American domination (1898-1940).~From 1940 to the present.-Approaching a conclusion. McDougall, George. The press and Puerto Rico. Nuestro, v. 7, Aug. 1983: 21-25. LRS83-18157 "The public at large has little knowledge about, or interest, in Puerto Rico. This combination of ignorance and apathy tends to be reflected in most media coverage of the island," says the special assistant for mainland communications to the governor of Puerto Rico.

CRS-24 Morales Carrion, Arturo. Babin, Maria Teresa. Puerto Rico, a political and cultural history. New York, W.W. Norton; Nashville, American Association for State and Local History, c!983. F1973.M66 1983 384 p. Contents.-The emergence of a people.-The struggle for identity. Nelson, Anne. Murder under two flags: the U.S., Puerto Rico, and the Cerro Maravilla cover-up. New York, Ticknor & Fields, 1986. 269 p. F1976.N45 1986 Considers the political roots and reasons for the case of Cerro Maravilla when on July 25, 1978 two young men were killed by police on a mountaintop in Puerto Rico. Organic Act of 1917, as amended (Jones Act). In Documents on the constitutional relationship of Puerto Rico and the United States. Washington, Puerto Rico Federal Affairs Administration, 1988. LRS88-14658 p. 74-102. "An act to provide a civil government for Puerto Rico, and for other purposes." Puerto Ricans in the mid '80s: an American Challenge. Alexandria, Va. (701 N. Fairfax St., Suite 310, Alexandria 22314), National Puerto HC154.5.P88 1985 Rican Coalition, c!985. 100 p. LRS80-2953 Puerto Rico. Wilson quarterly, v. 4, spring 1980: 119-153. "Political scientist Jorge Heine looks at the island's history and current politics; economist Jaime Santiago examines the Commonwealth's economy; and fllmmaker Pedro Rivera sketches a portrait of a Puerto Rican migrant family in Hoboken, New Jersey." Stockton, William. Puerto Rico: a dream divided. New York times magazine, Nov. 4, LRS84-19257 1984: 58-64, 68-69. Examines, through the problems confronting a Puerto Rican family, "the problems of Puerto Rico. Paramount are economic survival and its corollary, a constricting, even debilitating, dependence on the United States to make ends meet. Underlying those factors is the question of cultural and political identity." U.S. Congress. House. Committee on Post Office and Civil Service. Subcommittee on Census and Population. The Puerto Rico census. Hearing, 99th Congress, 2nd session. Jan. 7, LRS86-3915 1986. Washington, G.P.O., 1986. 55 p. "Serial no. 99-42"

CRS-25 U.S. Congress. House. Committee on the Judiciary.

rt to Language option for the U.S. District Court of Puerto Rico; repo accompany H.R. 5563 including cost estimate and comparison of the Congressional Budget Office. Washington, G.P.O., 1980. 17 p. LRS80-5206 (Report, House, 96th Congress, 2nd session, no. 96-847) t on U.S. Congress. Senate. Committee on the Judiciary. Subcommittee Improvements in Judicial Machinery. , 96th Spanish in the courtrooms of Puerto Rico, H.R. 5563. Hearington, Congress, 2nd session, on H.R. 5563. May 19, 1980. Washing LRS80-14481 G.P.O., 1980. 86 p. "Serial no. 96-64" H.R. 5563, the "Puerto Rico Translation Act . . . permits the use of the Spanish language in proceedings in the U.S. district court of Puerto Rico upon request of the parties." Wagenheim, Olga Jimenez de. Puerto Rico's revolt for independence: el Grito de Lares. Boulder, Colo., Westview Press, 1985. 127 p. (Westview special studies on 1985 F1973.W34 Latin America and the Caribbean) This book is a socioeconomic interpretation of Puerto Rico's first n Spai and most significant attempt to end its colonial relationship with "leading to its 1868 rebellion known as "El Grito de Lares.