105TH CONGRESS
2D SESSION
H. R. 856
AN ACT
To provide a process leading to full self-government
for Puerto Rico.
105TH CONGRESS
2D SESSION
H. R. 856
AN ACT
To provide a process leading to full self-government for
Puerto Rico.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘United States-Puerto Rico Political Status Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title, table of contents.
Sec. 2. Findings.
Sec. 3. Policy.
Sec. 4. Process for Puerto Rican full self-government, including the initial
decision stage, transition stage, and implementation stage.
Sec. 5. Requirements relating to referenda, including inconclusive referendum
and applicable laws.
Sec. 6. Congressional procedures for consideration of legislation.
Sec. 7. Availability of funds for the referenda.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Puerto Rico was ceded to the United States
and came under this Nation’s sovereignty pursuant
to the Treaty of Paris ending the Spanish-American
War in 1898. Article IX of the Treaty of Paris rec-
ognized the authority of Congress to provide for the
political status of the inhabitants of the territory.
(2) Consistent with establishment of United
States nationality for inhabitants of Puerto Rico
under the Treaty of Paris, Congress has exercised
its powers under the Territorial Clause of the Con-
stitution (article IV, section 3, clause 2) to provide
by several statutes beginning in 1917, for the United
States citizenship status of persons born in Puerto
Rico.
(3) Consistent with the Territorial Clause and
rulings of the United States Supreme Court, partial
application of the United States Constitution has
been established in the unincorporated territories of
the United States including Puerto Rico.
(4) In 1950, Congress prescribed a procedure
for instituting internal self-government for Puerto
Rico pursuant to statutory authorization for a local
constitution. A local constitution was approved by
the people of Puerto Rico, approved by Congress,
subject to conforming amendment by Puerto Rico,
and thereupon given effect in 1952 after acceptance
of congressional conditions by the Puerto Rico Con-
stitutional Convention and an appropriate proclama-
tion by the Governor. The approved constitution es-
tablished the structure for constitutional government
in respect of internal affairs without altering Puerto
Rico’s fundamental political, social, and economic re-
lationship with the United States and without re-
stricting the authority of Congress under the Terri-
torial Clause to determine the application of Federal
law to Puerto Rico, resulting in the present ‘‘Com-
monwealth’’ structure for local self-government. The
Commonwealth remains an unincorporated territory
and does not have the status of ‘‘free association’’
with the United States as that status is defined
under United States law or international practice.
(5) In 1953, the United States transmitted to
the Secretary-General of the United Nations for cir-
culation to its Members a formal notification that
the United States no longer would transmit informa-
tion regarding Puerto Rico to the United Nations
pursuant to Article 73(e) of its Charter. The formal
United States notification document informed the
United Nations that the cessation of information on
Puerto Rico was based on the ‘‘new constitutional
arrangements’’ in the territory, and the United
States expressly defined the scope of the ‘‘full meas-
ure’’ of local self-government in Puerto Rico as ex-
tending to matters of ‘‘internal government and ad-
ministration, subject only to compliance with appli-
cable provisions of the Federal Constitution, the
Puerto Rico Federal Relations Act and the acts of
Congress authorizing and approving the Constitu-
tion, as may be interpreted by judicial decision.’’.
Thereafter, the General Assembly of the United Na-
tions, based upon consent of the inhabitants of the
territory and the United States explanation of the
new status as approved by Congress, adopted Reso-
lution 748 (VIII) by a vote of 22 to 18 with 19 ab-
stentions, thereby accepting the United States deter-
mination to cease reporting to the United Nations
on the status of Puerto Rico.
(6) In 1960, the United Nations General As-
sembly approved Resolution 1541 (XV), clarifying
that under United Nations standards regarding the
political status options available to the people of ter-
ritories yet to complete the process for achieving full
self-government, the three established forms of full
self-government are national independence, free as-
sociation based on separate sovereignty, or full inte-
gration with another nation on the basis of equality.
(7) The ruling of the United States Supreme
Court in the 1980 case Harris v. Rosario (446 U.S.
651) confirmed that Congress continues to exercise
authority over Puerto Rico pursuant to the Terri-
torial Clause found at Article IV, section 3, clause
2 of the United States Constitution; and in the 1982
case of Rodriguez v. Popular Democratic Party (457
U.S. 1), the Court confirmed that the Congress dele-
gated powers of administration to the Common-
wealth of Puerto Rico sufficient for it to function
‘‘like a State’’ and as ‘‘an autonomous political en-
tity’’ in respect of internal affairs and administra-
tion, ‘‘sovereign over matters not ruled by the Con-
stitution’’ of the United States. These rulings con-
stitute judicial interpretation of Puerto Rico’s status
which is in accordance with the clear intent of Con-
gress that establishment of local constitutional gov-
ernment in 1952 did not alter Puerto Rico’s fun-
damental status.
(8) In a joint letter dated January 17, 1989,
cosigned by the Governor of Puerto Rico in his ca-
pacity as president of one of Puerto Rico’s principal
political parties and the presidents of the two other
principal political parties of Puerto Rico, the United
States was formally advised that ‘‘* * * the People
of Puerto Rico wish to be consulted as to their pref-
erence with regards to their ultimate political sta-
tus’’, and the joint letter stated ‘‘* * * that since
Puerto Rico came under the sovereignty of the
United States of America through the Treaty of
Paris in 1898, the People of Puerto Rico have not
been formally consulted by the United States of
America as to their choice of their ultimate political
status’’.
(9) In the 1989 State of the Union Message,
President George Bush urged the Congress to take
the necessary steps to authorize a federally recog-
nized process allowing the people of Puerto Rico, for
the first time since the Treaty of Paris entered into
force, to freely express their wishes regarding their
future political status in a congressionally recognized
referendum, a step in the process of self-determina-
tion which the Congress has yet to authorize.
(10) On November 14, 1993, the Government
of Puerto Rico conducted a plebiscite initiated under
local law on Puerto Rico’s political status. In that
vote none of the three status propositions received a
majority of the votes cast. The results of that vote
were: 48.6 percent for a commonwealth option, 46.3
percent statehood, and 4.4 percent independence.
(11) In a letter dated December 2, 1994, Presi-
dent William Jefferson Clinton informed leaders in
Congress that an Executive Branch Interagency
Working Group on Puerto Rico had been organized
to coordinate the review, development, and imple-
mentation of executive branch policy concerning
issues affecting Puerto Rico, including the November
1993 plebiscite.
(12) Under the Territorial Clause of the Con-
stitution, Congress has the authority and respon-
sibility to determine Federal policy and clarify status
issues in order to resolve the issue of Puerto Rico’s
final status.