I 

115TH CONGRESS 

1ST SESSION H. R. 900 

To recognize Puerto Rico’s sovereign nationhood under either independence 

or free association and to provide for a transition process, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Mr. GUTIE ́RREZ introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To recognize Puerto Rico’s sovereign nationhood under either 

independence or free association and to provide for a 

transition process, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) In order to ensure the legitimate interests 

6 of Puerto Rico and the United States, Congress 

7 should recognize Puerto Rico as a sovereign nation. 

8 (2) Consistent with article IV, section 3 of the 

9 Constitution, only Congress has the power to dispose 


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1 of and make all needful rules and regulations re2 specting Puerto Rico. 

3 (3) Puerto Rico’s territorial condition con4 stitutes an unsustainable status of political subordi5 nation. 

6 (4) Annexation of Puerto Rico as a State of the 

7 Union would be detrimental to both Puerto Rico and 

8 the United States. 

9 (5) A majority of the voters rejected the con10 tinuation of territorial status in the referendum on 

11 the political status of Puerto Rico held in Puerto 

12 Rico on November 6, 2012. 

13 (6) The people of Puerto Rico should, through 

14 participation in a referendum vote on the future sta15 tus of Puerto Rico, choose between independence or 

16 free association. 

17 (7) Congress should dispose of the territory of 

18 Puerto Rico, recognize its sovereign nationhood, and 

19 provide for an appropriate transition process to take 

20 place under independence or under a compact of free 

21 association with the United States, in harmony with 

22 the results of the vote expressed by the People of 

23 Puerto Rico in the referendum. 


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1 SEC. 2. REFERENDUM. 

2 (a) IN GENERAL.—The Legislative Assembly of 

3 Puerto Rico shall provide for a referendum to take place 

4 in Puerto Rico, in which eligible voters shall express their 

5 preference between the non-territorial options of either 

6 independence or free association, as herein provided. 

7 (b) ELIGIBLE VOTERS.—An individual shall be eligi8 ble to vote in the referendum held under this Act if that 

9 individual— 

10 (1) was born in Puerto Rico; or 

11 (2) has a parent who was born in Puerto Rico. 

12 (c) INDEPENDENCE.— 

13 (1) AUTHORIZATION TO NEGOTIATE TREATY.— 

14 The President shall negotiate a Treaty of Friendship 

15 and Cooperation and other bilateral agreements with 

16 the government of an independent Puerto Rico that 

17 will provide for equitable economic relations between 

18 both nations. 

19 (2) TREATY OF FRIENDSHIP AND COOPERA20 TION.—The Treaty of Friendship and Cooperation 

21 shall establish the details of the bilateral relations of 

22 Puerto Rico and the United States under the guide23 lines set forth below: 

24 (A) CITIZENSHIP.—Puerto Ricans shall be25 come citizens of the Republic of Puerto Rico. 

26 United States citizenship shall be guaranteed to 


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1 all Puerto Rican citizens who choose to retain 

2 their United States citizenship after the procla3 mation of Puerto Rico’s independence. Those 

4 born thereafter may acquire non-immigrant sta5 tus, dual or reciprocal United States citizenship 

6 as provided by law, or as otherwise agreed by 

7 treaty, so that their freedom to travel to and 

8 from the United States and to live and work 

9 there shall not be impaired. 

10 (B) VESTED RIGHTS.—Veterans benefits, 

11 Federal pensions, and full Social Security 

12 rights, as well as any other vested rights and 

13 benefits under the laws of the United States are 

14 hereby guaranteed to citizens of Puerto Rico 

15 until the normal expiration of such benefits; 

16 provided that all necessary agreements to pro17 tect the rights of workers who acquire perma18 nently insured status during 5 years following 

19 the proclamation of Puerto Rico’s independ20 ence, but are not yet beneficiaries under the 

21 Old-Age, Survivors, and Disability Insurance 

22 Benefits program under title II of the Social 

23 Security Act (42 U.S.C. 401 et seq.), shall be 

24 established; further provided that all contribu25 tions made by those who have not yet achieved 


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1 permanently insured status at the time of Puer2 to Rico’s independence shall then be trans3 ferred, with interest, to the government of 

4 Puerto Rico, in order to assist in the establish5 ment of a separate system of social insurance. 

6 (C) TRADE.—The United States shall 

7 eliminate trade barriers with Puerto Rico, pro8 vided that limitations on imports or exports 

9 agreed upon by both nations shall ensure mu10 tual benefits and assist each nation in meeting 

11 its trade and economic development objectives. 

12 (D) PUBLIC DEBT AND ECONOMIC TRANSI13 TION.—As partial indemnity for more than 118 

14 years of political and economic subordination, 

15 during which the total payment of interest 

16 earnings and dividends from Puerto Rico to 

17 United States corporations have far exceeded 

18 net transfers of Federal assistance to both the 

19 government and the residents of Puerto Rico, 

20 the United States shall enter into negotiations 

21 with Puerto Rico to restructure the outstanding 

22 debts and obligations of the government of the 

23 Commonwealth of Puerto Rico and its instru24 mentalities. Moreover, during a transition pe25 riod, an independent Puerto Rico shall receive 


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1 annual transfer block grants equal to the total 

2 amount of grants, programs, and services cur3 rently provided by the Federal Government in 

4 Puerto Rico, adjusted for inflation, for a period 

5 to be negotiated to take place immediately fol6 lowing the joint proclamation of Puerto Rico’s 

7 independence. 

8 (E) CURRENCY.—If so requested by Puer9 to Rico, both nations shall make the necessary 

10 arrangements with respect to the use of United 

11 States currency by the Republic of Puerto Rico. 

12 (F) DEFENSE.—The United States and 

13 the Republic of Puerto Rico shall enter into 

14 agreements leading to the complete demili15 tarization of the Republic of Puerto Rico, and 

16 the devolution and decontamination of any real 

17 estate previously held by any branch of the 

18 Armed Forces. 

19 (d) FREE ASSOCIATION.— 

20 (1) AUTHORIZATION TO NEGOTIATE COM21 PACT.—To provide a process consonant with the 

22 laws and policies of the United States and in accord23 ance with principles of international law, the Presi24 dent shall negotiate the terms for a Compact of Free 

25 Association with the government of Puerto Rico 


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1 which, prior to the territory’s recognition and procla2 mation of sovereignty, shall establish the terms of 

3 the association. 

4 (2) COMPACT OF FREE ASSOCIATION.—The 

5 Compact of Free Association between the United 

6 States and Puerto Rico shall be submitted to Con7 gress and the People of Puerto Rico for ratification 

8 under the agreed guidelines set forth below: 

9 (A) PUERTO RICO AS SOVEREIGN STATE.— 

10 International legal personality of Puerto Rico 

11 as a sovereign state. 

12 (B) SELF-GOVERNMENT.—Full self-govern13 ment not subject to the Constitution or laws of 

14 the United States, except for those specific pow15 ers delegated to the United States and which 

16 are subject to revocation by Puerto Rico. 

17 (C) TERMINATION OF FREE ASSOCIA18 TION.—The right of Puerto Rico and of the 

19 United States to unilaterally put an end to the 

20 relationship of free association and Puerto Rico 

21 becoming fully independent. 

22 (D) UNITED STATES CITIZENSHIP.—The 

23 continuation of United States citizenship for 

24 the citizens of Puerto Rico. 


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1 (E) TRADE RELATIONS.—The continuation 

2 of existing trade relations with the United 

3 States and an agreed upon level of participation 

4 by residents of Puerto Rico in Federal economic 

5 and social assistance programs. 

Æ 


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