89–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–468 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2499) TO PROVIDE 

FOR A FEDERALLY SANCTIONED SELF-DETERMINATION PROCESS FOR 

THE PEOPLE OF PUERTO RICO 

APRIL 28, 2010.—Referred to the House Calendar and ordered to be printed 

Mr. POLIS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1305] 

The Committee on Rules, having had under consideration House 

Resolution 1305, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2499, the Puerto Rico Democracy Act of 2009, under a structured rule. The rule 

provides one hour and 30 minutes of general debate with one hour 

equally divided and controlled by the Chair and Ranking Minority 

Member of the Committee on Natural Resources and 30 minutes 

controlled by Representative Vela ́zquez of New York. The resolution waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The resolution provides that the 

amendment in the nature of a substitute recommended by the 

Committee on Natural Resources now printed in the bill shall be 

considered as an original bill for the purpose of amendment and 

shall be considered as read. The resolution waives all points of 

order against that amendment in the nature of a substitute except 

for clause 10 of rule XXI. This waiver does not affect the point of 

order available under clause 9 of rule XXI (regarding earmark disclosure). 

The resolution makes in order only those amendments printed in 

this report. The amendments made in order may be offered only in 

the order printed in this report, may be offered only by a Member 

designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and 

controlled by the proponent and an opponent, shall not be subject 

to amendment, and shall not be subject to a demand for a division 

of the question. All points of order against the amendments except 

for clauses 9 and 10 of rule XXI are waived. The resolution proVerDate Mar 15 2010 04:15 Apr 29, 2010 Jkt 089008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR468.XXX HR468

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vides one motion to recommit with or without instructions. The resolution provides that the Chair may entertain a motion that the 

Committee rise only if offered by the chair of the Committee on 

Natural Resources or his designee. The Chair may not entertain a 

motion to strike out the enacting words of the bill (as described in 

clause 9 of rule XVIII). 

EXPLANATION OF WAIVERS

Although the rule waives all points of order against consideration 

of the bill (except for clauses 9 and 10 of rule XXI) and all points 

of order against the amendment in the nature of a substitute (except for clause 10 of rule XXI), the Committee is not aware of any 

points of order. The waivers of all points of order are prophylactic. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 407 

Date: April 28, 2010. 

Measure: H.R. 2499. 

Motion by: Mr. Dreier. 

Summary of motion: To grant an open rule. 

Results: Defeated 2–9. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; 

Polis—Nay; Dreier—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 408 

Date: April 28, 2010. 

Measure: H.R. 2499. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for amendment #13 by Rep. Broun (GA) and Rep. Gary 

Miller (CA), which would require that English be the only official 

language of Puerto Rico if it becomes a state. 

Results: Defeated 2–9. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; 

Polis—Nay; Dreier—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 409 

Date: April 28, 2010. 

Measure: H.R. 2499. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for amendment #15 by Rep. Broun (GA) and Rep. Chaffetz 

(UT), which would add a new section at the end of the bill to require Puerto Rico, if it becomes a state, to have laws in place to 

ensure that its residents have the Second Amendment right to own, 

possess, carry or use for lawful self defense, store assembled at 

home, and transport for lawful purposes, firearms and ammunition 

in any amount, consistent with federal law. 

Results: Defeated 4–9. 


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Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; 

Polis—Nay; Dreier—Yea; Diaz-Balart—Yea; Sessions—Yea; Foxx— 

Yea; Slaughter—Nay. 

Rules Committee record vote No. 410 

Date: April 28, 2010. 

Measure: H.R. 2499. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for amendment #17 by Rep. Rangel (NY), which would authorize a process to conduct a plebiscite in Puerto Rico with four 

options: independence, statehood, commonwealth, and Puerto Rico 

should not consider this issue at the present time. 

Results: Defeated 4–9. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; 

Polis—Nay; Dreier—Yea; Diaz-Balart—Yea; Sessions—Yea; Foxx— 

Yea; Slaughter—Nay. 

SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

1. Foxx (NC): Would allow supporters of the commonwealth status quo the option of voting their preference during the second 

stage of the plebiscite. (10 minutes) 

2. Gutierrez (IL): Would provide the Puerto Rican people have 

the option to choose ‘‘none of the above’’ with regard to the status 

of Puerto Rico. (10 minutes) 

3. Gutierrez (IL): Would provide that the ballots in the plebiscite 

to be conducted under H.R. 2499 are printed in Spanish. (10 minutes) 

4. Burton (IN), Young, Don (AK): Would retain the requirement 

that all ballots used for authorized plebiscites include the full content of the ballot printed in English. It would also require the 

Puerto Rico State Elections Commission to inform voters in all authorized plebiscites that if Puerto Rico retains its current status or 

is admitted as a State: (1) any official language requirements of the 

Federal Government shall apply to Puerto Rico to the same extent 

as throughout the United States; and (2) it is the Sense of Congress that the teaching of English be promoted in Puerto Rico in 

order for English-language proficiency to be achieved. (10 minutes) 

5. Vela ́zquez (NY), Gutierrez (IL): Would expand eligibility to 

vote in the any plebiscites authorized by this bill to U.S. citizens 

of Puerto Rican descent residing in any of the 50 States. (10 minutes) 

6. Vela ́zquez (NY): Would eliminate the first round of voting in 

Section 2 of the bill and insert an option for Commonwealth as a 

fourth option to the ballot. It also would provide for a runoff process if no option receives more than 50 percent of the vote that 

would be between the two options that received the most votes. (10 

minutes) 

7. Vela ́zquez (NY): An amendment in the nature of a substitute 

that would express that it is the Sense of Congress that a proposal 

for a change of status must come first from the Commonwealth of 

Puerto Rico before Congress decides to consider the issue, therefore 

respecting their right of self-determination. (10 minutes) 


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8. Hastings, Doc (WA): An amendment in the nature of a substitute that would state that Puerto Rico has, and has had, the authority to conduct plebiscites. (10 minutes) 

TEXT OF AMENDMENTS TO BE MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOXX OF

NORTH CAROLINA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 5, strike ‘‘3’’ and insert ‘‘4’’. 

Page 4, after line 16, insert the following: 

(4) Commonwealth: Puerto Rico should continue to have its 

present form of political status. If you agree, mark here lll. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GUTIERREZ

OF ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

On page 4, line 5, strike ‘‘on the following 3 options:’’ and insert 

‘‘on the following 4 options:’’. 

On page 4, after line 16, insert the following: 

‘‘(4) None of the Above. If you agree, mark here lll.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GUTIERREZ

OF ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In the header of section 3(e), strike ‘‘ENGLISH BALLOTS’’ and insert ‘‘LANGUAGE OF BALLOTS’’. 

In section 3(e), strike ‘‘printed in English’’ and insert ‘‘printed in 

Spanish. Upon request by an eligible voter, the Puerto Rico State 

Elections Commission shall provide said eligible voter with a ballot 

printed in English’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURTON OF

INDIANA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Amend section 3(e) to read as follows: 

(e) ENGLISH LANGUAGE REQUIREMENTS.—The Puerto Rico State 

Elections Commission shall— 

(1) ensure that all ballots used for any plebiscite held under 

this Act include the full content of the ballot printed in 

English; 

(2) inform persons voting in any plebiscite held under this 

Act that, if Puerto Rico retains its current political status or 

is admitted as a State of the United States, the official language requirements of the Federal Government shall apply to 

Puerto Rico in the same manner and to the same extent as 

throughout the United States; and 

(3) inform persons voting in any plebiscite held under this 

Act that, if Puerto Rico retains its current political status or 

is admitted as a State of the United States, it is the Sense of 

Congress that it is in the best interest of the United States for 

the teaching of English to be promoted in Puerto Rico as the 

language of opportunity and empowerment in the United 

States in order to enable students in public schools to achieve 

English language proficiency. 


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5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VELA ́ ZQUEZ

OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 5, strike line 8 and all that follows through ‘‘Persons eligible’’ on line 13 and insert the following: 

(2) An individual residing outside of Puerto Rico, if the individual— 

(A)(i) is a resident of the United States, including a resident of any territory, possession, or military or civilian installation of the United States, at the time the plebiscite 

is held; and 

(ii) would be eligible to vote in the plebiscite but for the 

individual’s residency outside of Puerto Rico; 

(B) was born in Puerto Rico; or 

(C) has at least one parent who was born in Puerto Rico. 

This paragraph shall apply notwithstanding any rule or regulation issued under subsection (b). Persons eligible 

Page 6, after line 7, add the following: 

(g) RECOGNITION OF RIGHT TO VOTE.—Congress recognizes the 

right of Puerto Ricans residing outside of Puerto Rico to vote in any 

plebiscite held under this Act and requests the Commonwealth 

Elections Commission of Puerto Rico to devise methods and procedures for such Puerto Ricans, including those born in, or having at 

least one parent born in, Puerto Rico, to register for and vote in 

absentia. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VELA ́ ZQUEZ

OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, strike line 8 and all that follows through line 5 on page 

4 and insert the following: 

(a) AUTHORITY TO CONDUCT PLEBISCITE.—The Government of 

Puerto Rico is authorized to conduct a plebiscite on the following 

4 options: 

Page 4, after line 16, insert the following: 

(4) Commonwealth: Puerto Rico should continue to have its 

present form of political status. If you agree, mark here ll. 

(b) RUNOFF PROCESS.— 

(1) IN GENERAL.—If no option receives votes on more than 50 

percent of the ballots cast, the Government of Puerto Rico shall 

conduct a runoff process to permit voters to select among the 

2 options that received the most votes. 

(2) OPTION TO SELECT NONE OF THE ABOVE.—In a runoff process conducted under this subsection, voters shall be permitted 

to vote for— 

(A) the option that received the most votes; 

(B) the option that received the second most votes; or 

(C) neither of those options. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VELA ́ ZQUEZ

OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike all after the enacting clause and insert the following: 


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SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Puerto Rico Democracy Act of 

2010’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) Congress respects the self-determination right of the people of Puerto Rico to choose their future relationship to the 

United States. 

(2) Congress pledges not to dissuade, influence, or dictate a 

status option to the people of Puerto Rico. 

(3) Congress will respectfully postpone consideration of the 

Puerto Rico status question until it receives an official proposal 

from the people of Puerto Rico to revise the current relationship between Puerto Rico and the United States that was 

made through a democratically held process by direct ballot. 

SEC. 3. SENSE OF CONGRESS. 

It is the sense of Congress that the Government of Puerto Rico 

can proceed to conduct a plebiscite in Puerto Rico. The 2 options 

set forth on the ballot may be preceded by the following statement: 

‘‘Instructions: Mark one of the following 2 options: 

‘‘(1) Puerto Rico should conduct a plebiscite to determine a 

future proposal for the political status of Puerto Rico. If you 

agree, mark here ll. 

‘‘(2) Puerto Rico should NOT conduct a plebiscite to determine a future proposal for the political status of Puerto Rico. 

If you agree, mark here ll.’’. 

Amend the title so as to read: ‘‘A bill to express the sense of Congress that the Government of Puerto Rico can proceed to conduct 

a plebiscite in Puerto Rico, and for other purposes.’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DOC

HASTINGS OF WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Puerto Rico Plebiscite Act of 2010’’. 

SEC. 2. PLEBISCITE. 

Puerto Rico has and has had the authority to conduct a plebiscite 

of its residents on its future political status and to transmit the result to Congress. 

Amend the long title so as to read: ‘‘A bill to clarify Puerto Rico 

plebiscite authority.’’. 

Æ 


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