IIA
105TH CONGRESS
2D SESSION
H. R. 856
IN THE SENATE OF THE UNITED STATES
MARCH 5, 1998
Received; read twice and referred to the Committee on Energy and Natural
Resources
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,
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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.
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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-
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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-
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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
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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.
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(13) On January 23, 1997, the Puerto Rico
Legislature enacted Concurrent Resolution 2, which
requested the 105th Congress ‘‘* * * to respond to
the democratic aspirations of the American citizens
of Puerto Rico’’ by approving legislation authorizing
‘‘* * * a plebiscite sponsored by the Federal Govern-
ment, to be held no later than 1998’’.
(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 is attainable only
through establishment of a political status which is
based on either separate sovereignty and nationality
or full and equal United States nationality and citi-
zenship through membership in the Union.
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
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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 ENGLISH LANGUAGE.—In the event
that a referendum held under this Act results in approval
of sovereignty leading to Statehood, upon accession to
Statehood, the official language requirements of the Fed-
eral Government shall apply to Puerto Rico in the same
manner and to the same extent as throughout the United
States.
(c) ENGLISH LANGUAGE EMPOWERMENT.—It is in
the best interest of the Nation for Puerto Rico to promote
the teaching of English as the language of opportunity and
empowerment in the United States in order to enable stu-
dents in public schools to achieve English language pro-
ficiency by the age of 10.
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 is authorized to be held not
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later than December 31, 1998. The referendum shall be
held pursuant to this Act and in accordance with the appli-
cable provisions of Puerto Rico’s electoral law and other
relevant statutes consistent with this Act. Approval of a
status option 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 is joined in a relationship with
and under the national sovereignty of the United
States. It is the policy of the Congress that this rela-
tionship should only be dissolved by mutual consent.
‘‘(2) Under this political relationship, Puerto
Rico like a State is an autonomous political entity,
sovereign over matters not ruled by the Constitution
of the United States. In the exercise of this sov-
ereignty, the laws of the Commonwealth shall govern
in Puerto Rico to the extent that they are consistent
with the Constitution, treaties, and laws of the
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United States. Congress retains its constitutional
authority to enact laws it deems necessary relating
to Puerto Rico.
‘‘(3) Persons born in Puerto Rico have United
States citizenship by statute as secured by the Con-
stitution. It is the policy of the United States that
citizenship will continue to be granted to persons
born in Puerto Rico. The rights, privileges, and im-
munities provided for by the United States Constitu-
tion apply in Puerto Rico, except where limited by
the Constitution to citizens residing in a State.
‘‘(4) Puerto Rico will continue to participate in
Federal programs and may be enabled to participate
equally with the States in the programs where it is
not now participating equally contingent on the pay-
ment of contributions, which may include payment
of taxes, as provided by Federal law.
‘‘B. SEPARATE SOVEREIGNTY.—If you agree, mark
here lll
‘‘The people of Puerto Rico should become fully self-
governing through separate sovereignty in the form of
independence or free association, in which—
‘‘(1) Puerto Rico is a sovereign Republic which
has full authority and responsibility over its territory
and population under a constitution which is the su-
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preme law, providing for a republican form of gov-
ernment and the protection of human rights;
‘‘(2) the Republic of Puerto Rico is a member
of the community of nations vested with full powers
and responsibilities for its own fiscal and monetary
policy, immigration, trade, and the conduct in its
own name and right of relations with other nations
and international organizations, including the rights
and responsibilities that devolve upon a sovereign
nation under the general principles of international
law;
‘‘(3) the residents of Puerto Rico owe allegiance
to and have the nationality and citizenship of the
Republic of Puerto Rico;
‘‘(4) the Constitution and laws of the United
States no longer apply in Puerto Rico, and United
States sovereignty in Puerto Rico is ended; there-
upon birth in Puerto Rico or relationship to persons
with statutory United States citizenship by birth in
the former territory shall cease to be a basis 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
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continued allegiance to the United States: Provided,
That such persons will not have this statutory
United States nationality and citizenship status
upon having or maintaining allegiance, nationality,
and citizenship rights in any sovereign nation, in-
cluding the Republic of Puerto Rico, other than the
United States;
‘‘(5) the previously vested rights of individuals
in Puerto Rico to benefits based upon past services
rendered or contributions made to the United States
shall be honored by the United States as provided by
Federal law;
‘‘(6) Puerto Rico and the United States seek to
develop friendly and cooperative relations in matters
of mutual interest as agreed in treaties approved
pursuant to their respective constitutional processes,
and laws including economic and programmatic as-
sistance at levels and for a reasonable period as pro-
vided on a government-to-government basis, trade
between customs territories, transit of citizens in ac-
cordance with immigration laws, and status of
United States military forces; and
‘‘(7) a free association relationship may be es-
tablished based on separate sovereign republic status
as defined above, but with such delegations of gov-
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ernment functions and other cooperative arrange-
ments as may be agreed to by both parties under a
bilateral pact terminable at will by either the United
States or Puerto Rico.
‘‘C. STATEHOOD.—If you agree, mark here lll
‘‘Puerto Rico should become fully self governing
through Statehood, in which—
‘‘(1) the people of Puerto Rico are fully self-
governing with their rights secured under the United
States Constitution, which shall be fully applicable
in Puerto Rico and which, with the laws and treaties
of the United States, is the supreme law and has the
same force and effect as in the other States of the
Union;
‘‘(2) the State of Puerto Rico becomes a part
of the permanent union of the United States of
America, subject to the United States Constitution,
with powers not prohibited by the Constitution to
the States, reserved to the State of Puerto Rico in
its sovereignty or to the people;
‘‘(3) United States citizenship of those born in
Puerto Rico is recognized, protected and secured in
the same way it is for all United States citizens born
in the other States;