[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8113 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8113

 To recognize the right of the People of Puerto Rico to call a status 
convention through which the people would exercise their natural right 
 to self-determination, and to establish a mechanism for congressional 
        consideration of such decision, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 25, 2020

   Ms. Velazquez (for herself and Ms. Ocasio-Cortez) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
 To recognize the right of the People of Puerto Rico to call a status 
convention through which the people would exercise their natural right 
 to self-determination, and to establish a mechanism for congressional 
        consideration of such decision, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Puerto Rico Self-Determination Act 
of 2020''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) In 1898, the United States defeated the Spanish Kingdom 
        in the Spanish-American War and acquired by conquest Puerto 
        Rico, Guam, and the Philippines pursuant to the Treaty of 
        Paris.
            (2) In 1900, Congress established a civilian government on 
        the island through the Foraker Act. Among other points, that 
        Act established an ``executive council'' consisting of various 
        department heads and a presidentially appointed civilian 
        governor.
            (3) The Foraker Act also established the Resident 
        Commissioner position to represent island interests in 
        Congress. These duties came to include nonvoting service in the 
        House of Representatives.
            (4) In 1901, the Supreme Court's decisions in Downes v. 
        Bidwell and its progeny held that for purposes of the 
        Constitution's Uniformity Clause, Puerto Rico was not part of 
        the United States. Justice White, in concurrence, opined that 
        Congress has discretion to decide whether and when to 
        incorporate a territory into the United States.
            (5) Congress recognized Puerto Rico's authority over 
        matters of internal governance in 1950 with the passage of the 
        Puerto Rico Federal Relations Act of 1950, Public Law 81-600, 
        providing for a constitutional government for the island which 
        was adopted by Congress as a compact for the people of Puerto 
        Rico and the subsequent ratification of the island's 
        constitution in July 1952.
            (6) On November 18, 1953, the United Nations recognized 
        Puerto Rico as a self-governing political entity under the 
        United Nations General Assembly Resolution 748.
            (7) The United States has a legal duty to comply with 
        Article 1 of the International Covenant on Civil and Political 
        Rights, which establishes that all peoples have the right to 
        self-determination and ``by virtue of that right they freely 
        determine their political status and freely pursue their 
        economic, social and cultural development''.
            (8) The status convention provides a deliberative, 
        comprehensive, and uninterrupted space of dialogue that can 
        define the future of Puerto Rico.

SEC. 3. PUERTO RICO STATUS CONVENTION.

    (a) In General.--The Legislature of Puerto Rico has the inherent 
authority to call a status convention, constituted by a number of 
delegates to be determined in accordance to legislation approved by the 
Commonwealth of Puerto Rico, for the purpose of proposing to the people 
of Puerto Rico a self-determination option. A status convention called 
by the Legislature shall--
            (1) be a semipermanent body that is dissolved only when the 
        United States ratifies a self-determination option presented to 
        Congress by the status convention; and
            (2) consist of delegates elected by Puerto Rican votes, in 
        an election conducted according to the enabling legislation for 
        this status convention as approved by the Legislature of the 
        Commonwealth of Puerto Rico.
    (b) Public Financing of Delegate Elections.--
            (1) Fund established.--There is hereby established a 
        separate fund in the United States Treasury to be known as the 
        Puerto Rico Status Convention Public Matching Fund which shall 
        be administered by the Puerto Rico State Commission on 
        Elections and subject to oversight by the Federal Election 
        Commission. Amounts in the fund shall be used to distribute $4 
        to each candidate for delegate for every $1 that the candidate 
        receives as a campaign contribution that is--
                    (A) less than $100; and
                    (B) donated by a resident of Puerto Rico.
            (2) Requirements for a matching fund.--To be eligible to 
        receive funds under this subsection, a candidate for delegate 
        shall--
                    (A) agree to increased financial oversight from the 
                Federal Election Commission;
                    (B) limit campaign spending to not more than 
                $25,000; and
                    (C) demonstrate a basic level of support from 
                residents of Puerto Rico by receiving from residents of 
                Puerto Rico not less than 50 individual donations of 
                $50 or less.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $5,500,000. 
        Administrative costs for the Federal Election Commission shall 
        not exceed 10 percent of this appropriation.
    (c) Delegates.--Delegates elected pursuant to subsection (a)(2), in 
consultation with the Congressional Bilateral Negotiating Commission, 
shall--
            (1) debate and draft definitions on self-determination 
        options for Puerto Rico, which shall be outside the Territorial 
        Clause of the United States Constitution;
            (2) draft accompanying transition plans for each self-
        determination option; and
            (3) choose a self-determination option (and its 
        accompanying transition plan) to present to the people of 
        Puerto Rico through a referendum vote held in Puerto Rico.

SEC. 4. CONGRESSIONAL BILATERAL NEGOTIATING COMMISSION.

    (a) Establishment.--There is established a Congressional Bilateral 
Negotiating Commission to provide advice and consultation to delegates 
of a status convention called under section 3.
    (b) Composition.--The members of the Commission shall include--
            (1) the chairs of the Committee on Natural Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate;
            (2) the ranking members of the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate;
            (3) one member selected by the majority leader of the House 
        of Representatives;
            (4) one member selected by the minority leader of the House 
        of Representatives;
            (5) one member selected by the majority leader of the 
        Senate;
            (6) one member selected by the minority leader of the 
        Senate;
            (7) the Resident Commissioner of Puerto Rico; and
            (8) with the consent of the Speaker of the House of 
        Representatives and majority leader of the Senate, a member 
        from the Department of Justice.
    (c) Duties and Functions.--The Commission--
            (1) shall meet periodically with the delegates in Puerto 
        Rico and the District of Columbia, at the request of the 
        elected delegates;
            (2) shall have the authority to study, make findings, and 
        develop recommendations regarding the different self-
        determination options on constitutional issues and policies 
        related to culture, language, the judicial and public education 
        systems, taxes, and United States citizenship, and provide 
        technical assistance and constitutional advice to the delegates 
        throughout the duration of the Puerto Rico status convention;
            (3) may hold public hearings in connection with any aspects 
        of the convention at the request of the delegates or on its 
        own; and
            (4) may receive testimony.
    (d) Reporting.--The Commission shall periodically provide status 
reports, findings, and studies to the Speaker of the House of 
Representatives. All such reports shall be--
            (1) submitted to the House of Representatives not less than 
        once every 12 months; and
            (2) made available to the general public in widely 
        accessible formats in English and Spanish on the same day that 
        such reports are submitted to the House of Representatives.

SEC. 5. PUERTO RICO STATUS REFERENDUM.

    (a) In General.--A referendum vote by residents of Puerto Rico may 
only be on the self-determination option chosen by the delegates of the 
status convention.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $2,500,000 to carry out a referendum vote under subsection 
(a).

SEC. 6. CONGRESSIONAL DELIBERATION AND ENACTING RESOLUTION.

    If the referendum is approved by the people of Puerto Rico, 
Congress may approve a joint resolution to ratify the self-
determination option approved in the referendum vote held under this 
Act. If the Congress ends before acting on the self-determination 
option, the Puerto Rico status convention created under this Act may 
meet again and send or resend a self-determination option to Congress.
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