I 

117TH CONGRESS 

1ST SESSION H. R. 2070 

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 selfdetermination, and to establish a mechanism for congressional consideration of such decision, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2021 

Ms. VELA ́ZQUEZ (for herself, Ms. OCASIO-CORTEZ, Ms. WATERS, Mr. SCOTT

of Virginia, Mrs. CAROLYN B. MALONEY of New York, Mr. DAVID SCOTT

of Georgia, Mr. MCGOVERN, Mr. TAKANO, Mr. NADLER, Mr. NEAL, Mr. 

MEEKS, Mr. SCHIFF, Mr. RUIZ, Mr. SUOZZI, Mr. ESPAILLAT, Mr. 

GREEN of Texas, Ms. PRESSLEY, Mr. THOMPSON of Mississippi, Ms. 

JAYAPAL, Ms. CLARKE of New York, Ms. MENG, Mr. SIRES, Ms. ADAMS, 

Ms. ESHOO, Mr. LEVIN of Michigan, Mr. BROWN, Ms. LEE of California, 

Ms. MCCOLLUM, Mr. BUTTERFIELD, Mr. GARCI ́A of Illinois, Ms. BUSH, 

Mr. DANNY K. DAVIS of Illinois, Ms. MATSUI, Mr. EVANS, Mr. CONNOLLY, Ms. OMAR, Mrs. HAYES, Mr. BOWMAN, Mr. HUFFMAN, Ms. 

BASS, Mr. MFUME, Ms. BLUNT ROCHESTER, Mr. DOGGETT, Mr. 

VEASEY, Ms. SCANLON, Mr. JONES, Mrs. TORRES of California, Mr. 

WELCH, Ms. TLAIB, Mr. KHANNA, Ms. KELLY of Illinois, Mr. SAN NICOLAS, Mr. SEAN PATRICK MALONEY of New York, Ms. JACKSON LEE, Ms. 

WILD, Ms. GARCIA of Texas, Ms. SEWELL, Ms. ESCOBAR, Mr. VARGAS, 

Mr. THOMPSON of California, Ms. SPEIER, Ms. SCHAKOWSKY, Mr. CARSON, Mr. QUIGLEY, Ms. LEGER FERNANDEZ, Mr. JOHNSON of Georgia, 

Ms. KAPTUR, Ms. ROYBAL-ALLARD, Ms. TITUS, Mr. CORREA, Mr. HIGGINS of New York, Mr. RUSH, Mr. CASTRO of Texas, and Mr. NEGUSE) 

introduced the following bill; which was referred to the Committee on 

Natural 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 


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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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Puerto Rico Self-De5 termination Act of 2021’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) In 1898, the United States defeated the 

9 Spanish Kingdom in the Spanish-American War and 

10 acquired by conquest Puerto Rico, Guam, and the 

11 Philippines pursuant to the Treaty of Paris. 

12 (2) In 1900, Congress established a civilian 

13 government on the island through the Foraker Act. 

14 Among other points, that Act established an ‘‘execu15 tive council’’ consisting of various department heads 

16 and a presidentially appointed civilian governor. 

17 (3) The Foraker Act also established the Resi18 dent Commissioner position to represent island in19 terests in Congress. These duties came to include 

20 nonvoting service in the House of Representatives. 


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1 (4) In 1901, the Supreme Court’s decisions in 

2 Downes v. Bidwell and its progeny held that for pur3 poses of the Constitution’s Uniformity Clause, Puer4 to Rico was not part of the United States and sub5 ject to the plenary powers of Congress, which in 

6 turn established a colonial relationship. Justice 

7 White, in concurrence, opined that Congress has dis8 cretion to decide whether and when to incorporate a 

9 territory into the United States. 

10 (5) Congress recognized Puerto Rico’s authority 

11 over matters of internal governance in 1950 with the 

12 passage of the Puerto Rico Federal Relations Act of 

13 1950 (Public Law 81–600), providing for a constitu14 tional government for the island which was adopted 

15 by Congress as a compact for the people of Puerto 

16 Rico and the subsequent ratification of the island’s 

17 constitution in July 1952. 

18 (6) On November 18, 1953, the United Nations 

19 recognized Puerto Rico as a self-governing political 

20 entity under the United Nations General Assembly 

21 Resolution 748. 

22 (7) The political status of Puerto Rico is of sig23 nificant interest to communities both on and off the 

24 island, including diaspora groups that continue havVerDate Sep 11 2014 04:48 May 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2070.IH H2070

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1 ing strong cultural ties and socioeconomic ties to 

2 Puerto Rico. 

3 (8) The United States has a legal duty to com4 ply with Article 1 of the International Covenant on 

5 Civil and Political Rights, which establishes that all 

6 peoples have the right to self-determination and ‘‘by 

7 virtue of that right they freely determine their polit8 ical status and freely pursue their economic, social 

9 and cultural development’’. 

10 (9) The status convention provides a delibera11 tive, comprehensive, and uninterrupted space of dia12 logue that can define the future of Puerto Rico. 

13 SEC. 3. PUERTO RICO STATUS CONVENTION. 

14 (a) IN GENERAL.—The legislature of Puerto Rico has 

15 the inherent authority to call a status convention through 

16 an Act or Concurrent Resolution, constituted by a number 

17 of delegates to be determined in accordance with legisla18 tion approved by the Government of Puerto Rico, for the 

19 purpose of proposing to the people of Puerto Rico self20 determination options. A status convention called by the 

21 legislature of Puerto Rico shall— 

22 (1) be a semipermanent body that is dissolved 

23 only when the United States ratifies the self-deter24 mination option presented to Congress by the status 


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1 convention as selected by the people of Puerto Rico 

2 in the referendum under section 5; and 

3 (2) consist of delegates elected by the voters of 

4 Puerto Rico in an election conducted according to 

5 the enabling legislation for the status convention as 

6 approved by the legislature of Puerto Rico. 

7 (b) PUBLIC FINANCING OF DELEGATE ELEC8 TIONS.— 

9 (1) FUND ESTABLISHED.—There is hereby es10 tablished in the Treasury of the United States a 

11 fund to be known as the ‘‘Puerto Rico Status Con12 vention Public Matching Fund’’ which shall be ad13 ministered by the Puerto Rico State Commission on 

14 Elections and subject to oversight by the Federal 

15 Election Commission. To the extent amounts are 

16 made available in the fund for this purpose, the 

17 Puerto Rico State Commission on Elections shall 

18 distribute amounts in the fund such that $4 is dis19 tributed to each candidate for delegate for every $1 

20 that the candidate receives as a campaign contribu21 tion that is— 

22 (A) less than $100; and 

23 (B) donated by a resident of Puerto Rico. 


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1 (2) REQUIREMENTS FOR FUNDING.—To be eli2 gible to receive funds under this subsection, a can3 didate for delegate shall— 

4 (A) agree to increased financial oversight 

5 from the Federal Election Commission; 

6 (B) limit campaign spending to not more 

7 than $25,000; and 

8 (C) demonstrate a basic level of support 

9 from residents of Puerto Rico by receiving from 

10 residents of Puerto Rico not fewer than 50 do11 nations from 50 individuals of not more than 

12 $50. 

13 (3) ADMINISTRATIVE AMOUNTS.— Not more 

14 than 10 percent of amounts made available under 

15 paragraph (4) may be use for administrative costs of 

16 the Federal Election Commission. 

17 (4) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated and deposited 

19 into the Puerto Rico Status Convention Public 

20 Matching Fund to carry out this section $5,500,000. 

21 (c) DELEGATES.—Delegates elected under subsection 

22 (a)(2), in consultation with the Commission, shall— 

23 (1) debate and draft definitions on self-deter24 mination options for Puerto Rico, which shall be 


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1 outside the Territorial Clause of the United States 

2 Constitution; 

3 (2) draft a least one accompanying transition 

4 plan for each self-determination option; and 

5 (3) select and present to the people of Puerto 

6 Rico the self-determination options that will be in7 cluded in the referendum under section 5. 

8 SEC. 4. CONGRESSIONAL BILATERAL NEGOTIATING COM9 MISSION. 

10 (a) ESTABLISHMENT.—There is established a Con11 gressional Bilateral Negotiating Commission (hereinafter 

12 referred to as the ‘‘Commission’’) to provide advice and 

13 consultation to delegates elected under section 3(a)(2). 

14 (b) COMPOSITION.— 

15 (1) IN GENERAL.—The members of the Com16 mission shall include— 

17 (A) the chairs of the Committee on Nat18 ural Resources of the House of Representatives 

19 and the Committee on Energy and Natural Re20 sources of the Senate; 

21 (B) the ranking members of the Com22 mittee on Natural Resources of the House of 

23 Representatives and the Committee on Energy 

24 and Natural Resources of the Senate; 


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1 (C) one member selected by the majority 

2 leader of the House of Representatives; 

3 (D) one member selected by the minority 

4 leader of the House of Representatives; 

5 (E) one member selected by the majority 

6 leader of the Senate; 

7 (F) one member selected by the minority 

8 leader of the Senate; 

9 (G) the Resident Commissioner of Puerto 

10 Rico; 

11 (H) with the consent of the Speaker of the 

12 House of Representatives and majority leader 

13 of the Senate, a member from the Department 

14 of Justice; and 

15 (I) with the consent of the Speaker of the 

16 House of Representatives and majority leader 

17 of the Senate, a member from the Department 

18 of the Interior. 

19 (2) REQUIREMENTS FOR CERTAIN MEMBERS.— 

20 Members selected under subparagraphs (C) through 

21 (F) of paragraph (1) shall represent a State or dis22 trict in a State that, as determined by the most re23 cently publicly available data from the Bureau of the 

24 Census, represents one of the 10 States with the 


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1 largest population of people who identified on the 

2 most recent Census as Puerto Rican. 

3 (c) DUTIES AND FUNCTIONS.—The Commission— 

4 (1) shall meet periodically with the delegates in 

5 Puerto Rico and the District of Columbia, at the re6 quest of a majority of the delegates, with each meet7 ing required to include at least one delegate from 

8 each of the self-determination options; 

9 (2) shall have the authority to— 

10 (A) study; 

11 (B) make findings; 

12 (C) develop recommendations regarding 

13 self-determination options on constitutional 

14 issues and policies related to— 

15 (i) culture; 

16 (ii) language; 

17 (iii) judicial and public education sys18 tems; 

19 (iv) taxes; and 

20 (v) United States citizenship; and 

21 (D) provide technical assistance and con22 stitutional advice to the delegates during the 

23 Puerto Rico status convention; 


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1 (3) may hold public hearings in connection with 

2 any aspects of the convention at the request of the 

3 delegates or on its own; and 

4 (4) may receive testimony. 

5 (d) REPORTS.—The Commission shall— 

6 (1) not less than quarterly, provide status re7 ports, findings, and studies to the House of Rep8 resentatives and the Senate; 

9 (2) not less than once every 12 months, submit 

10 a status report to the House of Representatives and 

11 the Senate; and 

12 (3) make reports submitted under paragraph 

13 (2) available to the general public in widely acces14 sible formats in English and Spanish on the same 

15 day that such reports are submitted under para16 graph (2). 

17 SEC. 5. PUERTO RICO STATUS REFERENDUM; EDUCATION 

18 CAMPAIGN. 

19 (a) STRUCTURE AND PROCESS.— 

20 (1) IN GENERAL.—A referendum vote by the 

21 people of Puerto Rico— 

22 (A) may be conducted in a ranked-choice 

23 voting format in which voters rank choices by 

24 preference on their ballots without a limit on 

25 the number of choices ranked; 


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1 (B) may consist of choices each composed 

2 of a self-determination definition and accom3 panying transition plan as presented by the del4 egates under section 3; and 

5 (C) may include more than one choice with 

6 the same self-determination definition, but a 

7 distinct accompanying transition plan as pre8 sented by the delegates under section 3. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated the Puerto 

11 Rico State Commission on Elections, $2,500,000 to 

12 carry out a referendum vote under this subsection. 

13 (b) EDUCATIONAL CAMPAIGN.— 

14 (1) IN GENERAL.—Delegates shall carry out an 

15 educational campaign through traditional paid media 

16 related to the referendum under subsection (a). 

17 (2) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated the Puerto 

19 Rico State Commission on Elections, $5,000,000 to 

20 carry out an educational campaign under this sub21 section. The Federal Election Commission shall en22 sure that funds made available under this paragraph 

23 are divided equally among each self-determination 

24 option represented on the referendum held under 

25 this Act. 


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1 (3) QUARTERLY CAMPAIGN REPORTS.—Each 

2 delegates shall submit quarterly campaign reports of 

3 the educational campaigns to the Federal Election 

4 Commission. 

5 SEC. 6. CONGRESSIONAL DELIBERATION AND ENACTING 

6 RESOLUTION. 

7 If the referendum under this Act is approved by the 

8 people of Puerto Rico, Congress shall approve a joint reso9 lution to ratify the preferred self-determination option ap10 proved in that referendum vote. If the Congress adjourns 

11 sine die before acting on the self-determination option, the 

12 Puerto Rico status convention created under this Act may 

13 meet again and send or resend a self-determination op14 tions to the following Congress. 

15 SEC. 7. JOINT RESOLUTION. 

16 (a) DEFINITION.—The term ‘‘joint resolution’’ means 

17 a joint resolution that is introduced within the 10-day pe18 riod beginning on the date when the results of the ref19 erendum are certified by Puerto Rico’s Commission on 

20 Elections. 

21 (b) REFERRAL.—A resolution described in subsection 

22 (a) that is introduced in the House of Representatives 

23 shall be referred to the Committee on Natural Resources 

24 and in the Senate shall be referred to the Committee on 

25 Energy and Natural Resources. 


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1 (c) DISCHARGE.—If the committee to which a resolu2 tion described in subsection (a) is referred has not re3 ported such resolution (or an identical resolution) by the 

4 end of the day period beginning on the day of certification 

5 of referendum results shall be, at the end of such period, 

6 discharged from further consideration of such resolution, 

7 and such resolution shall be placed on the appropriate cal8 endar of the Body involved. 

9 (d) CONSIDERATION.—(1) On or after the third day 

10 after the date on which the committee to which such a 

11 resolution is referred has reported, or has been discharged 

12 (under subsection (c)) from further consideration of, such 

13 a resolution, it is in order (even though a previous motion 

14 to the same effect has been disagreed to) for any Member 

15 of the respective body to move to proceed to the consider16 ation of the resolution. A Member may make the motion 

17 only on the day after the calendar day on which the Mem18 ber announces to the body concerned the Member’s inten19 tion to make the motion, except that, in the case of the 

20 House of Representatives, the motion may be made with21 out such prior announcement if the motion is made by 

22 direction of the committee to which the resolution was re23 ferred. All points of order against the resolution (and 

24 against consideration of the resolution) are waived. The 

25 motion is highly privileged in the House of Representatives 


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1 and is privileged in the Senate and is not debatable. The 

2 motion is not subject to amendment, or to a motion to 

3 postpone, or to a motion to proceed to the consideration 

4 of other business. A motion to reconsider the vote by 

5 which the motion is agreed to or disagreed to shall not 

6 be in order. If a motion to proceed to the consideration 

7 of the resolution is agreed to, the respective body shall 

8 immediately proceed to consideration of the joint resolu9 tion without intervening motion, order, or other business, 

10 and the resolution shall remain the unfinished business of 

11 the respective body until disposed of. 

12 (2) Debate on the resolution, and on all debatable 

13 motions and appeals in connection therewith, shall be lim14 ited to not more than 2 hours, which shall be divided 

15 equally between those favoring and those opposing the res16 olution. An amendment to the resolution is not in order. 

17 A motion further to limit debate is in order and not debat18 able. A motion to postpone, or a motion to proceed to the 

19 consideration of other business, or a motion to recommit 

20 the resolution is not in order. A motion to reconsider the 

21 vote by which the resolution is agreed to or disagreed to 

22 is not in order. 

23 (3) Immediately following the conclusion of the de24 bate on a resolution described in subsection (a) and a sin25 gle quorum call at the conclusion of the debate if reVerDate Sep 11 2014 04:48 May 19, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2070.IH H2070

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1 quested in accordance with the rules of the appropriate 

2 body, the vote on final passage of the resolution shall 

3 occur. 

4 (4) Appeals from the decisions of the Chair relating 

5 to the application of the rules of the Senate or the House 

6 of Representatives, as the case may be, to the procedure 

7 relating to a resolution described in subsection (a) shall 

8 be decided without debate. 

9 (e) CONSIDERATION BY OTHER BODY.—If, before 

10 the passage by one body of a resolution of that body de11 scribed in subsection (a), that body receives from the other 

12 body a resolution described in subsection (a), then the fol13 lowing procedures shall apply: 

14 (1) The resolution of the other body shall not 

15 be referred to a committee and may not be consid16 ered in the body receiving it except in the case of 

17 final passage as provided in subparagraph (B)(ii). 

18 (2) With respect to a resolution described in 

19 subsection (a) of the body receiving the resolution— 

20 (A) the procedure in that body shall be the 

21 same as if no resolution had been received from 

22 the other body; but 

23 (B) the vote on final passage shall be on 

24 the resolution of the other body. 

Æ 


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