President's Task Force on Puerto Rico's Status
Encyclopedia
The mission of the President’s Task Force on Puerto Rico’s Status is to provide options for Puerto Rico’s
future status and relationship with the Government of the United States.
The Task Force listened to and considered the views of individuals, elected officials, and other representatives of the people of Puerto Rico in an effort to ensure that views and positions were objectively considered regardless of affiliation or ideology.
It published its first report in December 2005, and then a second report in 2007. The 2007 Report built on the 2005 Report and carried out "the Task Force’s ongoing mandate to report, no less than every two years, on progress made in the determination of Puerto Rico’s ultimate status". The latest report by the Task Force on Puerto Rico’s Status, whose members were appointed by President Obama, was issued on March 16, 2011.
issued a memorandum on November 30, 1992, to heads of executive departments and agencies establishing the current administrative
relationship between the Federal Government and the Commonwealth of Puerto Rico. This memorandum directs all Federal departments, agencies, and officials to treat Puerto Rico administratively as if it were a State insofar as doing so would not disrupt Federal programs or operations. President Bush’s memorandum remains in effect until Federal legislation is enacted to alter the status of Puerto Rico in accordance with the freely expressed wishes of the people of Puerto Rico.
On December 23, 2000, President Bill Clinton
issued Executive Order 13183, which established the President’s Task Force on Puerto Rico’s Status and the rules for its membership. This Executive Order outlines the policy and functions of the Task Force in identifying the options for Puerto Rico’s future status and the process for realizing an option. It also gave the mandate to clarify both the status options available to Puerto Rico and the process by which those options can be realized. In other words, the Task Force was charged with identifying for the people of Puerto Rico and Congress those status options that are compatible with the U.S. Constitution, without favoring any one of those options.
On April 30, 2001, President George W. Bush
amended Executive Order 13183 with Executive Order 13209, extending the deadline for the Task Force to forward a report to the President until August 2001. President Bush issued an additional amendment to Executive Order 13183 on December 3, 2003 with Executive Order 13319, which established the Task Force co-chairs and instructed the Task Force to issue reports as needed, but no less than once every two years. Executive Order 13517 of October 30, 2009 made further amendments expanding the functions and required reporting of the Task Force.
The 2005 Task Force Report explained that the U.S. Constitution allows for three options for the future status of Puerto Rico: continuing territorial status, statehood,
and independence. In so doing, the Task Force did not break new ground. The Department of Justice
affirmed the Commonwealth’s territorial status in 1959, shortly after the enactment of Public Law 600, and the Supreme Court has held the same. (See, e.g., Harris v. Rosario, 446 U.S. 651 (1980)). Since 1991, the Executive Branch, through the Department of Justice, has further emphasized that the Constitution contemplates only three options for Puerto Rico’s future status.
These reports included language that generated controversy in Puerto Rico. For example, the report said that the powers conferred upon Congress under the Territorial Clause of the U.S. Constitution are so expansive that the federal government could cede Puerto Rico to another nation.
As detailed earlier and in the 2005 Report, the Task Force concludes that there are only three options available under the U.S. Constitution for the future status of Puerto Rico:
The democratic will of the Puerto Rican people is paramount for determining the future status of the territory. To this end, the 2005 Task Force Report recommended a two-stage plebiscite to determine whether the Puerto Rican people wish to retain the status quo, and if not, which of the two available options they prefer. The Task Force concluded that such a process would be the best way to ascertain the popular will in a way that provides clear guidance for future action by Congress.
The Task Force acknowledges the pending legislative measures that would provide similar or alternative procedures through which the people of Puerto Rico might express their will regarding the future status of the Island. The Task Force continues to believe that the two-stage plebiscite would provide clearer guidance for Congress than other procedures in which it is possible that none of the available options would win a majority of votes. At the same time, there are other ways to proceed, and the Task Force’s recommendations do not preclude alternative action by Puerto Rico itself to express its views to Congress.
The following are the recommendations of the Task Force:
The aforementioned recommendations were reiterated and confirmed by the 2007 President's Task Force on Puerto Rico's status report.
On March 16, 2011, the Task Force issued a third report in which President Barack Obama
's administration joins those of Presidents George H. Bush, William J. Clinton and George W. Bush
in describing Puerto Rico as remaining under the Territory Clause of the U.S. Constitution. This third report devotes the bulk of its contents to economic analysis and recommendations beyond the issue of Puerto Rico's political status.
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
future status and relationship with the Government of the United States.
The Task Force listened to and considered the views of individuals, elected officials, and other representatives of the people of Puerto Rico in an effort to ensure that views and positions were objectively considered regardless of affiliation or ideology.
It published its first report in December 2005, and then a second report in 2007. The 2007 Report built on the 2005 Report and carried out "the Task Force’s ongoing mandate to report, no less than every two years, on progress made in the determination of Puerto Rico’s ultimate status". The latest report by the Task Force on Puerto Rico’s Status, whose members were appointed by President Obama, was issued on March 16, 2011.
Executive Orders concerning Puerto Rico’s status
President George H. W. BushGeorge H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
issued a memorandum on November 30, 1992, to heads of executive departments and agencies establishing the current administrative
relationship between the Federal Government and the Commonwealth of Puerto Rico. This memorandum directs all Federal departments, agencies, and officials to treat Puerto Rico administratively as if it were a State insofar as doing so would not disrupt Federal programs or operations. President Bush’s memorandum remains in effect until Federal legislation is enacted to alter the status of Puerto Rico in accordance with the freely expressed wishes of the people of Puerto Rico.
On December 23, 2000, President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
issued Executive Order 13183, which established the President’s Task Force on Puerto Rico’s Status and the rules for its membership. This Executive Order outlines the policy and functions of the Task Force in identifying the options for Puerto Rico’s future status and the process for realizing an option. It also gave the mandate to clarify both the status options available to Puerto Rico and the process by which those options can be realized. In other words, the Task Force was charged with identifying for the people of Puerto Rico and Congress those status options that are compatible with the U.S. Constitution, without favoring any one of those options.
On April 30, 2001, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
amended Executive Order 13183 with Executive Order 13209, extending the deadline for the Task Force to forward a report to the President until August 2001. President Bush issued an additional amendment to Executive Order 13183 on December 3, 2003 with Executive Order 13319, which established the Task Force co-chairs and instructed the Task Force to issue reports as needed, but no less than once every two years. Executive Order 13517 of October 30, 2009 made further amendments expanding the functions and required reporting of the Task Force.
The 2005 Task Force Report explained that the U.S. Constitution allows for three options for the future status of Puerto Rico: continuing territorial status, statehood,
and independence. In so doing, the Task Force did not break new ground. The Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
affirmed the Commonwealth’s territorial status in 1959, shortly after the enactment of Public Law 600, and the Supreme Court has held the same. (See, e.g., Harris v. Rosario, 446 U.S. 651 (1980)). Since 1991, the Executive Branch, through the Department of Justice, has further emphasized that the Constitution contemplates only three options for Puerto Rico’s future status.
Task Force recommendations
During George W. Bush’s administration, the Task Force issued two reports. Both reports recognized that Puerto Rico does not have a status of a permanent nature, and despite being granted wide autonomy over local issues, that it continues to be a territory of the United States subject to Congress’s plenary powers. The reports also affirmed that the alternative status options are sovereignty, whether as an independent nation or in free association with the United States, and statehood. The reports explained in detail the constitutional limitations that confront any status proposal that is not sovereignty or statehood.These reports included language that generated controversy in Puerto Rico. For example, the report said that the powers conferred upon Congress under the Territorial Clause of the U.S. Constitution are so expansive that the federal government could cede Puerto Rico to another nation.
As detailed earlier and in the 2005 Report, the Task Force concludes that there are only three options available under the U.S. Constitution for the future status of Puerto Rico:
- Continue as a territory. The current status of Puerto Rico as a commonwealth may continue indefinitely but remains subject to future modification by Congress.
- Statehood. Under this option, Puerto Rico would become the 51st state with standing equal to the other 50 States.
- Independence. Under this option, Puerto Rico would become a sovereign nation, independent from the United States.
The democratic will of the Puerto Rican people is paramount for determining the future status of the territory. To this end, the 2005 Task Force Report recommended a two-stage plebiscite to determine whether the Puerto Rican people wish to retain the status quo, and if not, which of the two available options they prefer. The Task Force concluded that such a process would be the best way to ascertain the popular will in a way that provides clear guidance for future action by Congress.
The Task Force acknowledges the pending legislative measures that would provide similar or alternative procedures through which the people of Puerto Rico might express their will regarding the future status of the Island. The Task Force continues to believe that the two-stage plebiscite would provide clearer guidance for Congress than other procedures in which it is possible that none of the available options would win a majority of votes. At the same time, there are other ways to proceed, and the Task Force’s recommendations do not preclude alternative action by Puerto Rico itself to express its views to Congress.
The following are the recommendations of the Task Force:
- The Task Force reiterates its prior recommendation that Congress provide for a Federally-sanctioned plebiscite as soon as practicable in which the people of Puerto Rico will be asked to state whether they wish to maintain the current territorial status or to pursue a constitutionally viable path toward a permanent non-territorial status. Congress should provide for this plebiscite to occur on a date certain.
- The Task Force reiterates its prior recommendation that if the people of Puerto Rico elect to pursue a permanent non-territorial status, Congress should provide for an additional plebiscite to allow the people of Puerto Rico to choose between one of the permanent non-territorial options permitted by the Constitution: statehood or independence. Once the people of Puerto Rico have selected one of the two options, the Executive branch would encourage Congress to begin a process of transition consistent with that option.
- If the people elect to maintain Puerto Rico’s current status, the Task Force recommends, consistent with the 1992 memorandum of President George H. W. Bush, that a plebiscite occur periodically as long as that status continues, to keep Congress informed of the people of Puerto Rico.
The aforementioned recommendations were reiterated and confirmed by the 2007 President's Task Force on Puerto Rico's status report.
On March 16, 2011, the Task Force issued a third report in which President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
's administration joins those of Presidents George H. Bush, William J. Clinton and George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
in describing Puerto Rico as remaining under the Territory Clause of the U.S. Constitution. This third report devotes the bulk of its contents to economic analysis and recommendations beyond the issue of Puerto Rico's political status.
See also
- 51st state51st stateThe 51st state, in United States political discourse, is a phrase that refers to areas either seriously or derisively considered candidates for addition to the 50 states already part of the United States. Before 1959, when Alaska and Hawaii joined the U.S., the term "the 49th state" was used...
- Associated stateAssociated stateAn associated state is the minor partner in a formal, free relationship between a political territory with a degree of statehood and a nation, for which no other specific term, such as protectorate, is adopted...
- Commonwealth (U.S. insular area)
- Political status of Puerto RicoPolitical status of Puerto RicoThe current political status of Puerto Rico is the result of various political activities both within the United States and Puerto Rican governments. The basic question regarding this issue is whether Puerto Rico should remain a U.S. territory, become a U.S...
- Politics of Puerto RicoPolitics of Puerto RicoThe politics of Puerto Rico take place in the framework of a republican democratic form of government that is under the jurisdiction and sovereignty of the United States of America as an organized unincorporated territory....
- Voting rights in Puerto RicoVoting rights in Puerto RicoVoting rights of United States citizens in Puerto Rico, like the voting rights of other United States territories, differ from those of United States citizens in each of the fifty states and the District of Columbia. Residents of Puerto Rico and other U.S. territories do not have voting...
- U.S. stateU.S. stateA U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...