I
105TH CONGRESS
1ST SESSION
H. R. 856
To provide a process leading to full self-government for Puerto Rico.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 1997
Mr. YOUNG of Alaska (for himself, Mr. GINGRICH, Mr. ROMERO-BARCELO´,
Mr. GALLEGLY, Mr. BURTON of Indiana, Mr. SERRANO, Mr. KENNEDY
of Rhode Island, Mr. CALVERT, Mr. GILMAN, Mr. RAHALL, Mr. TAUZIN,
Mr. GREEN, Mr. MCCOLLUM, Mr. DEUTSCH, Mr. POMBO, Mr. PAYNE,
Mr. GILCHREST, Mr. JONES, Mr. STUMP, Mr. SAWYER, Mr. FAZIO of
California, Mr. SKEEN, Mr. DOOLEY of California, Mr. KILDEE, Ms.
NORTON, Mr. UNDERWOOD, Mr. KLINK, Mr. HINCHEY, Mr. FARR of
California, Mr. WYNN, Mr. DAVIS of Virginia, Mr. HALL of Ohio, Ms.
JACKSON-LEE of Texas, Mr. DEFAZIO, Mrs. MEEK of Florida, Mr.
KUCINICH, Mr. BARCIA, Mr. PASTOR, Mr. TORRES, Mr. PALLONE, Mr.
PASCRELL, Mr. LEWIS of Georgia, Ms. PELOSI, Ms. CHRISTIAN-GREEN,
Mr. VENTO, Mrs. MINK of Hawaii, Mr. PICKETT, Mr. KIM, Mr. ROTH-
MAN, Mr. ENGLISH of Pennsylvania, Mr. FORBES, Mr. THOMPSON, Mr.
HINOJOSA, Mr. ACKERMAN, Mr. OXLEY, Mr. HASTINGS of Florida, Mr.
TIERNEY, Mr. ABERCROMBIE, Mr. BISHOP, Mr. SAXTON, Mr. MILLER of
California, Mr. SMITH of Washington, Mr. ENGEL, Mr. JOHN, Mr.
DELAY, Ms. SLAUGHTER, and Ms. SANCHEZ) introduced the following
bill; which was referred to the Committee on Resources, and in addition
to the Committee on Rules, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
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 deci-
sion 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 ex-
pressly recognizes the authority of Congress to pro-
vide 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
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
abstentions, thereby accepting the United States de-
termination to cease reporting to the United Nations
on the status of Puerto Rico.
(6) In 1960 the United Nations General Assem-
bly approved Resolution 1541 (XV), clarifying that
under United Nations standards regarding the polit-
ical status options available to the people of terri-
tories 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 as territory ‘‘belonging to
the United States’’ pursuant to the Territorial
Clause found at Article IV, section 3, clause 2 of the
United States Constitution, a judicial interpretation
of Puerto Rico’s status which is in accordance with
the clear intent of Congress that establishment of
local constitutional government in 1952 did not alter
Puerto Rico’s status as an unincorporated United
States territory.
(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 Unit-
ed States of America through the Treaty of Paris in
1898, the People of Puerto Rico have not been for-
mally 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) In November of 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 commonwealth, 46.3 percent
statehood, and 4.4 percent independence.
(11) In 1994, President William Jefferson Clin-
ton established the Executive Branch Interagency
Working Group on Puerto Rico to coordinate the re-
view, development, and implementation of executive
branch policy concerning issues affecting Puerto
Rico, including the November 1993 plebiscite.
(12) There have been inconsistent and conflict-
ing interpretations of the 1993 plebiscite results,
and under the Territorial Clause of the Constitution,
Congress has the authority and responsibility to de-
termine Federal policy and clarify status issues in
order to advance the self-determination process in
Puerto Rico.
(13) On December 14, 1994, the Puerto Rico
Legislature enacted Concurrent Resolution 62, which
requested the 104th Congress to respond to the re-
sults of the 1993 Puerto Rico Status Plebiscite and
to indicate the next steps in resolving Puerto Rico’s
political status.
(14) Nearly 4,000,000 United States citizens
live in the islands of Puerto Rico, which have been
under United States sovereignty and within the
United States customs territory for almost 100
years, making Puerto Rico the oldest, largest, and
most populous United States island territory at the
southeastern-most boundary of our Nation, located
astride the strategic shipping lanes of the Atlantic
Ocean and Caribbean Sea.
(15) Full self-government for Puerto Rico is at-
tainable only through establishment of a political
status which is based on either separate Puerto
Rican sovereignty and nationality or full and equal
United States nationality and citizenship through
membership in the Union and under which Puerto
Rico is no longer an unincorporated territory subject
to the plenary authority of Congress arising from
the Territorial Clause.
SEC. 3. POLICY.
(a) CONGRESSIONAL COMMITMENT.—In recognition
of the significant level of local self-government which has
been attained by Puerto Rico, and the responsibility of the
Federal Government to enable the people of the territory
to freely express their wishes regarding political status and
achieve full self-government, this Act is adopted with a
commitment to encourage the development and implemen-
tation of procedures through which the permanent politi-
cal status of the people of Puerto Rico can be determined.
(b) OFFICIAL LANGUAGE.—It is the policy of the
Congress that English shall be the common language of
mutual understanding in the United States, and that this
policy shall apply in all of the States duly and freely ad-
mitted to the Union. The Congress recognizes that at the
present time, Spanish and English are the joint official
languages of Puerto Rico, and have been for nearly 100
years; that English is the official language of Federal
courts in Puerto Rico; that the ability to speak English
is a requirement for Federal jury services; yet Spanish
rather than English is currently the predominant language
used by the majority of the people of Puerto Rico; and
that Congress has the authority to expand existing Eng-
lish language requirements in the Commonwealth of Puer-
to Rico. In the event that the referenda held under this
Act result in approval of sovereignty leading to Statehood,
it is anticipated that upon accession to Statehood, English
would become the official language of the Federal Govern-
ment in Puerto Rico to the same extent as Federal law
then requires throughout the United States. Congress also
recognizes the significant advantage that proficiency in
Spanish as well as English has bestowed on the people
of Puerto Rico, and further that this will serve the best
interests of both Puerto Rico and the rest of the United
States in our mutual dealings in the Caribbean, Latin
America, and throughout the Spanish-speaking world.
SEC. 4. PROCESS FOR PUERTO RICAN FULL SELF-GOVERN-
MENT, INCLUDING THE INITIAL DECISION
STAGE, TRANSITION STAGE, AND IMPLEMEN-
TATION STAGE.
(a) INITIAL DECISION STAGE.—A referendum on
Puerto Rico’s political status shall be held not later than
December 31, 1998. The referendum shall be held pursu-
ant to this Act and in accordance with the applicable pro-
visions of Puerto Rico’s electoral law and other relevant
statutes consistent with this Act. Approval of a status op-
tion must be by a majority of the valid votes cast. The
referendum shall be on the approval of 1 of the 3 options
presented on the ballot as follows:
‘‘Instructions: Mark the status option you choose as
each is defined below. Ballot with more than 1 option
marked will not be counted.
‘‘A. COMMONWEALTH.—If you agree, mark here
lll
‘‘Puerto Rico should retain Commonwealth, in
which—
‘‘(1) Puerto Rico continues the present Com-
monwealth structure for self government with re-
spect to internal affairs and administration;
‘‘(2) provisions of the Constitution and laws of
the United States apply to Puerto Rico as deter-
mined by Congress;
‘‘(3) Puerto Rico remains a locally self-govern-
ing unincorporated territory of the United States;
‘‘(4) continuation or modification of current
Federal law and policy applicable to Puerto Rico re-
mains within the discretion of Congress; and
‘‘(5) the ultimate status of Puerto Rico will be
determined through a process authorized by Con-
gress which includes self determination by the people
of Puerto Rico in periodic referenda.
‘‘B. SEPARATE SOVEREIGNTY.—If you agree, mark
here lll
‘‘Puerto Rico should become fully self governing
through separate sovereignty leading to independence or
free association, in which—
‘‘(1) Puerto Rico is a sovereign nation with full
authority and responsibility for its internal and ex-
ternal affairs and has the capacity to exercise in its
own name and right the powers of government with
respect to its territory and population;
‘‘(2) a negotiated treaty of friendship and co-
operation, or an international bilateral pact of free
association terminable at will by either Puerto Rico
or the United States, defines future relations be-
tween Puerto Rico and the United States, providing
for cooperation and assistance in matters of shared
interest as agreed and approved by Puerto Rico and
the United States pursuant to this Act and their re-
spective constitutional processes;
‘‘(3) a constitution democratically instituted by
the people of Puerto Rico, establishing a republican
form of full self-government and securing the rights
of citizens of the Puerto Rican nation, is the su-
preme law, and the Constitution and laws of the
United States no longer apply in Puerto Rico;
‘‘(4) The people of Puerto Rico owe allegiance
to the sovereign nation of Puerto Rico and have the
nationality, and citizenship thereof; United States
sovereignty, nationality, and citizenship in Puerto
Rico is ended; birth in Puerto Rico and relationship
to persons with statutory United States citizenship
by birth in the former territory are not bases for
United States nationality or citizenship, except that
persons who had such United States citizenship have
a statutory right to retain United States nationality
and citizenship for life, by entitlement or election as
provided by the United States Congress, based on
continued allegiance to the United States: Provided,
That such persons will not have this statutory Unit-
ed States nationality and citizenship status upon
having or maintaining allegiance, nationality, and
citizenship rights in any sovereign nation other than
the United States;
‘‘(5) upon recognition of Puerto Rico by the
United States as a sovereign nation and establish-
ment of government-to-government relations on the
basis of comity and reciprocity, Puerto Rico’s rep-
resentation to the United States is accorded full dip-
lomatic status;
‘‘(6) Puerto Rico is eligible for United States
assistance provided on a government-to-government
basis, including foreign aid or programmatic assist-
ance, at levels subject to agreement by the United
States and Puerto Rico;
‘‘(7) property rights and previously acquired
rights vested by employment under laws of Puerto
Rico or the United States are honored, and where
determined necessary such rights are promptly ad-
justed and settled consistent with government-to-
government agreements implementing the separation
of sovereignty; and
‘‘(8) Puerto Rico is outside the customs terri-
tory of the United States, and trade between the
United States and Puerto Rico is based on a treaty.
‘‘C. STATEHOOD.—If you agree, mark here lll
‘‘Puerto Rico should become fully self governing
through United States sovereignty leading to Statehood,
in which—
‘‘(1) the people of Puerto Rico are fully self-
governing with their rights secured under the United
States Constitution, which is the supreme law and
has the same force and effect as in the other States
of the Union;
‘‘(2) the sovereign State of Puerto Rico is in
permanent union with the United States, and powers
not delegated to the Federal Government or prohib-
ited to the States by the United States Constitution
are reserved to the people of Puerto Rico or the
State Government;
‘‘(3) United States citizenship of those born in
Puerto Rico is guaranteed, protected and secured in
the same way it is for all United States citizens born
in the other States;
‘‘(4) residents of Puerto Rico have equal rights
and benefits as well as equal duties and responsibil-
ities of citizenship, including payment of Federal
taxes, as those in the several States;
‘‘(5) Puerto Rico is represented by two mem-
bers in the United States Senate and is represented
in the House of Representatives proportionate to the
population;
‘‘(6) United States citizens in Puerto Rico are
enfranchised to vote in elections for the President
and Vice President of the United States; and
‘‘(7) English is the official language of business
and communication in Federal courts and Federal
agencies as made applicable by Federal law to every
other State, and Puerto Rico is enabled to expand
and build upon existing law establishing English as
an official language of the State government, courts,
and agencies.’’.
(b) TRANSITION STAGE.—
(1) PLAN.—(A) Within 180 days of the receipt
of the results of the referendum from the Govern-
ment of Puerto Rico certifying approval of a ballot
choice of full self-government in a referendum held
pursuant to subsection (a), the President shall de-
velop and submit to Congress legislation for a tran-
sition plan of 10 years minimum which leads to full
self-government for Puerto Rico consistent with the
terms of this Act and in consultation with officials
of the three branches of the Government of Puerto
Rico, the principal political parties of Puerto Rico,
and other interested persons as may be appropriate.
(B) Additionally, in the event of a vote in favor
of separate sovereignty, the Legislature of Puerto
Rico, if deemed appropriate, may provide by law for
the calling of a constituent convention to formulate,
in accordance with procedures prescribed by law,
Puerto Rico’s proposals and recommendations to im-
plement the referendum results. If a convention is
called for this purpose, any proposals and rec-
ommendations formally adopted by such convention
within time limits of this Act shall be transmitted to
Congress by the President with the transition plan
required by this section, along with the views of the