[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3024 Introduced in House (IH)]

  2d Session
                                H. R. 3024

 To provide a process leading to full self-government for Puerto Rico.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 1996

   Mr. Young of Alaska (for himself, Mr. Gallegly, Mr. Gingrich, Mr. 
 Serrano, Mr. Kennedy of Rhode Island, Mr. Rahall, Mr. Romero-Barcelo, 
  Mr. Gilman, Mr. Burton of Indiana, Mr. Underwood, Mr. Calvert, Mr. 
     Longley, Mr. Gene Green of Texas, Mr. Deutsch, and Mr. Klink) 
 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 Representatives 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.
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 is an unincorporated and locally self-
        governing territory of the United States, ceded to the United 
        States and 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 expressly recognizes the 
        authority of Congress to provide for the political status of 
        the inhabitants of the territory.
            (2) United States citizenship was extended to Puerto Rico 
        in 1917, as well as partial application of the United States 
        Constitution.
            (3) In the period 1950-1952, Congress authorized, amended, 
        and then approved a constitution for Puerto Rico's local 
        government, which is now called the ``Commonwealth of Puerto 
        Rico'', without altering the territory's fundamental economic, 
        political, and legal relationship with the United States.
            (4) In the 1989 State of the Union Message, President 
        George Bush urged the Congress to take the necessary steps to 
        authorize a federally recognized 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-determination which 
        the Congress has yet to authorize.
            (5) 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.
            (6) In 1994, President William Jefferson Clinton 
        established the Executive Branch Interagency Working Group on 
        Puerto Rico to coordinate the review, development, and 
        implementation of executive branch administrative policy 
        concerning Puerto Rico in light of the November 1993 plebiscite 
        in the islands.
            (7) There have been inconsistent and conflicting 
        interpretations of the 1993 plebiscite results, and under the 
        Territorial Clause of the Constitution (article IV, section 3, 
        clause 2), Congress has the authority and responsibility to 
        determine Federal policy and clarify status issues in order to 
        advance the self-determination process in Puerto Rico.
            (8) On December 14, 1994, the Puerto Rico Legislature 
        enacted Concurrent Resolution 62, which requested the 104th 
        Congress to respond to the results of the 1993 Puerto Rico 
        Status Plebiscite and to indicate the next steps in resolving 
        Puerto Rico's political status.
            (9) Nearly 4,000,000 United States citizens live in the 
        islands of Puerto Rico, which have been within the American 
        political system and 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.
            (10) Full self-government for Puerto Rico is attainable 
        only through establishment of a political status either without 
        or within United States sovereignty, 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.

    In recognition of the significant level of local self-government 
which has been attained by Puerto Rico, and the desire by both the 
United States and Puerto Rico to enable the people of the territory to 
achieve full self-government through a self-determination process 
consistent with United States and internationally recognized standards, 
this Act is adopted with a commitment to encourage the mutual 
development and implementation of procedures to determine the political 
status of Puerto Rico.

SEC. 4. PROCESS FOR PUERTO RICAN FULL SELF-GOVERNMENT, INCLUDING THE 
              INITIAL DECISION STAGE, TRANSITION STAGE, AND 
              IMPLEMENTATION 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 in accordance with the applicable provisions 
of Puerto Rico's electoral law and other relevant statutes, and 
approval must be by a majority of the valid votes cast. The referendum 
shall be on the following question:
    ``Which path leading to full self-government for Puerto Rico do you 
prefer to be developed through a transition plan enacted by the 
Congress and approved by the people of Puerto Rico?
            ``(1) A path of separate Puerto Rican sovereignty leading 
        to independence or free association, in which--
                    ``(A) Puerto Rico is a sovereign nation with full 
                authority and responsibility for its internal and 
                external affairs, exercising in its own name and right 
                the powers of government with respect to its territory 
                and population, language and culture, and determining 
                its own relations and participation in the community of 
                nations;
                    ``(B) a negotiated treaty of friendship and 
                cooperation or an international bilateral pact of free 
                association terminable at will by either Puerto Rico or 
                the United States, defines future relations between 
                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 respective 
                constitutional processes;
                    ``(C) 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 supreme 
                law, and the Constitution and laws of the United States 
                no longer apply in Puerto Rico;
                    ``(D) Puerto Rico exercises the sovereign power to 
                determine and control its own nationality and 
                citizenship, and United States nationality and 
                citizenship conferred on the people of Puerto Rico 
                based upon birth in the territory during the period in 
                which the United States exercised sovereignty and 
                jurisdiction over Puerto Rico is withdrawn in favor of 
                Puerto Rican nationality and citizenship, and the 
                United States Congress has authority to prescribe 
                criteria for affected individuals to establish 
                eligibility for retention of United States nationality 
                and citizenship or naturalization in the United States 
                on a basis which does not create an exception to the 
                establishment and preservation of separate United 
                States and Puerto Rican nationality and citizenship;
                    ``(E) upon recognition of Puerto Rico by the United 
                States as a sovereign nation and establishment of 
                government-to-government relations on the basis of 
                comity and reciprocity, Puerto Rico's representation to 
                the United States is accorded full diplomatic status;
                    ``(F) Puerto Rico is eligible for United States 
                assistance provided on a government-to-government 
                basis, including foreign aid or programmatic 
                assistance, at levels determined at the discretion of 
                Congress and the President;
                    ``(G) property rights and previously acquired 
                rights vested by employment in Puerto Rico or the 
                United States are honored, and where determined 
                necessary such rights are promptly adjusted and settled 
                consistent with government-to-government agreements 
                implementing the separation of sovereignty; and
                    ``(H) Puerto Rico is outside the customs territory 
                of the United States, and trade between the United 
                States and Puerto Rico is based on a treaty.
            ``(2) A path under United States sovereignty leading to 
        statehood, in which--
                    ``(A) 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;
                    ``(B) the sovereign State of Puerto Rico is in 
                permanent union with the United States, and powers not 
                delegated to the Federal Government or prohibited to 
                the States by the United States Constitution are 
                reserved to the people of Puerto Rico or the State 
                Government;
                    ``(C) United States citizenship of those born in 
                Puerto Rico is guaranteed and protected to the same 
                extent as those born in the several States;
                    ``(D) residents of Puerto Rico have equal rights 
                and benefits as well as equal duties and 
                responsibilities of citizenship, including payment of 
                Federal taxes, as those in the several States;
                    ``(E) Puerto Rico is represented in the United 
                States Senate and the House of Representatives 
                proportionate to the population;
                    ``(F) Puerto Rico is enfranchised to vote for 
                United States presidential and vice-presidential 
                electors proportionate to the population; and
                    ``(G) Puerto Rico adheres to the same language 
                requirement as in the several States.''.
    (b) Transition Stage.--
            (1) Plan.--Within 180 days of the receipt of the results of 
        the referendum from the Government of Puerto Rico certifying 
        approval of a ballot choice in a referendum held pursuant to 
        subsection (a), the President shall submit to Congress 
        legislation for a transition plan of 10 years minimum which 
        leads to full self-government for Puerto Rico consistent with 
        the terms of this Act and in full consultation with leaders 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.
            (2) Congressional consideration.--The plan shall be 
        considered by the Congress in accordance with section 6.
            (3) Puerto rican approval.--
                    (A) Not later than 180 days after enactment of an 
                Act pursuant to paragraph (1) providing for the 
                transition to full self-government for Puerto Rico as 
                approved in the initial decision referendum held under 
                subsection (a), a referendum shall be held under the 
                applicable provisions of Puerto Rico's electoral law on 
                the question of approval of the transition plan.
                    (B) Approval must be by a majority of the valid 
                votes cast. The results of the referendum shall be 
                certified to the President of the United States by the 
                Government of Puerto Rico.
            (4) Effective date for transition plan.--Upon receipt of 
        the results of the referendum under this subsection certifying 
        approval of the transition plan, the President of the United 
        States shall issue a proclamation announcing the effective date 
        of the transition plan to full self-government for Puerto Rico.
    (c) Implementation Stage.--
            (1) Presidential recommendation.--Not less than two years 
        prior to the end of the period of the transition provided for 
        in the transition plan approved under subsection (b), the 
        President shall submit to Congress legislation with a 
        recommendation for the implementation of full self-government 
        for Puerto Rico consistent with the ballot choice approved 
        under subsection (a).
            (2) Congressional consideration.--The plan shall be 
        considered by the Congress in accordance with section 6.
            (3) Puerto rican approval.--
                    (A) Within 180 days after enactment of the terms of 
                implementation for full self-government for Puerto 
                Rico, a referendum shall be held under the applicable 
                provisions of Puerto Rico's electoral laws on the 
                question of the approval of the terms of implementation 
                for full self-government for Puerto Rico.
                    (B) Approval must be by a majority of the valid 
                votes cast. The results of the referendum shall be 
                certified to the President of the United States by the 
                Government of Puerto Rico.
            (4) Effective date of full self-government.--The President 
        of the United States shall issue a proclamation announcing the 
        date of implementation of full self-government for Puerto Rico, 
        upon receipt of the results of the referendum certifying 
        approval of the terms of implementation.

SEC. 5. REQUIREMENTS RELATING TO REFERENDA, INCLUDING INCONCLUSIVE 
              REFERENDUM AND APPLICABLE LAWS.

    (a) Applicable Laws.--
            (1) Referenda under puerto rican laws.--The referenda held 
        under this Act shall be conducted in accordance with the laws 
        of Puerto Rico, and voter eligibility for residents and 
        nonresidents shall be determined by the Puerto Rico State 
        Election Commission.
            (2) Federal laws.--The Federal laws applicable to the 
        election of the Resident Commissioner of Puerto Rico shall, as 
        appropriate, also apply to the referenda. Any reference in such 
        Federal laws to elections shall be considered, as appropriate, 
        to be a reference to the referenda, unless it would frustrate 
        the purposes of this Act.
    (b) Certification of Referenda Results.--The results of each 
referendum held under this Act shall be certified to the President of 
the United States and the Senate and House of Representatives of the 
United States by the Government of Puerto Rico.
    (c) Consultation and Recommendations for Inconclusive Referendum.--
            (1) In general.--If a referendum provided in this Act does 
        not result in approval of a fully self-governing status, the 
        President, in full consultation with leaders 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, shall make recommendations to the 
        Congress within 180 days of receipt of the results of the 
        referendum.
            (2) Existing structure to remain in effect.--If the 
        inhabitants of the territory do not achieve full self-
        governance through either integration into the Union or 
        separate sovereignty in the form of independence or free 
        association, Puerto Rico will remain an unincorporated 
territory of the United States, subject to the authority of Congress 
under Article IV, Section 3, Clause 2 of the United States 
Constitution. In that event, the existing Commonwealth of Puerto Rico 
structure for local self-government will remain in effect, subject to 
such other measures as may be adopted by Congress in the exercise of 
it's Territorial Clause powers to determine the disposition of the 
territory and status of it's inhabitants.

SEC. 6. CONGRESSIONAL PROCEDURES FOR CONSIDERATION OF LEGISLATION.

    (a) In General.--The Chairman of the Committee on Energy and 
Natural Resources shall introduce legislation providing for the 
transition plan under section 4(b) and the implementation 
recommendation under section 4(c), as appropriate, in the United States 
Senate and the Chairman of the Committee on Resources shall introduce 
such legislation in the United States House of Representatives, 
providing adequate time for the consideration of the legislation 
pursuant to the following provisions:
            (1) At any time after the close of the 180th calendar day 
        beginning after the date of introduction of such legislation, 
        it shall be in order for any Member of the United States House 
        of Representatives or the United States Senate to move to 
        discharge any committee of that House from further 
        consideration of the legislation. A motion to discharge shall 
        be highly privileged, and debate thereon shall be limited to 
        not more than two hours, to be divided equally between those 
        supporting and those opposing the motion. An amendment to the 
        motion shall not be in order, and it shall not be in order to 
        move to reconsider the vote by which the motion was agreed to 
        or disagreed to.
            (2) At any time after the close of the 14th legislative day 
        beginning after the last committee of that House has reported 
        or been discharged from further consideration of such 
        legislation, it shall be in order for any Member of that House 
        to move to proceed to the immediate consideration of the 
        legislation (such motion not being debatable), and such motion 
        is hereby made of high privilege. An amendment to the motion 
        shall not be in order, and it shall not be in order to move to 
        reconsider the vote by which the motion was agreed to or 
        disagreed to. For the purposes of this paragraph, the term 
        ``legislative day'' means a day on which the United States 
        House of Representatives or the United States Senate, as 
        appropriate, is in session.
    (b) Commitment of Congress.--Enactment of this section constitutes 
a commitment that the United States Congress will vote on legislation 
establishing appropriate mechanisms and procedures to implement the 
political status selected by the people of Puerto Rico.
    (c) Exercise of Rulemaking Power.--The provisions of this section 
are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives and, as such, shall be 
        considered as part of the rules of each House and shall 
        supersede other rules only to the extent that they are 
        inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedures of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 7. AVAILABILITY OF FUNDS FOR THE REFERENDA.

    (a) In General.--
            (1) Availability of amounts derived from tax on foreign 
        rum.--During the period beginning on October 1, 1996, and 
        ending on the date the President determines that all referenda 
        required by this Act have been held, the Secretary of the 
        Treasury, upon request from time to time by the President and 
in lieu of covering amounts into the treasury of Puerto Rico under 
section 7652(e)(1) of the Internal Revenue Code of 1986, shall make 
such amounts available to the President for the purposes specified in 
subsection (b).
            (2) Use of unexpended amounts.--Following each referendum 
        required by this Act and after the end of the period specified 
        in paragraph (1), the President shall transfer all unobligated 
        and unexpended amounts received by the President under 
        paragraph (1) to the treasury of Puerto Rico for use in the 
        same manner and for the same purposes as all other amounts 
        covered into the treasury of Puerto Rico under such section 
        7652(e)(1).
    (b) Grants for Conducting Referenda and Voter Education.--From 
amounts made available under subsection (a)(1), the President shall 
make grants to the State Elections Commission of Puerto Rico for 
referenda held pursuant to the terms of this Act, as follows:
            (1) 50 percent shall be available only for costs of 
        conducting the referenda.
            (2) 50 percent shall be available only for voter education 
        funds for the central ruling body of the political party or 
        parties advocating a particular ballot choice. In the case that 
        more than one party is advocating a ballot choice, the 50 
        percent shall be apportioned equally among the parties.
    (c) Additional Resources.--In addition to amounts made available by 
this Act, the Puerto Rico Legislature may allocate additional resources 
for administrative and voter education costs to each party so long as 
the distribution of funds is consistent with the apportionment 
requirements of subsection (b).
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HR 3024 IH----2