I 

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

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 25, 2020 

Ms. VELA ́ZQUEZ (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. 

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 2020’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 


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

2 Spanish Kingdom in the Spanish-American War and 

3 acquired by conquest Puerto Rico, Guam, and the 

4 Philippines pursuant to the Treaty of Paris. 

5 (2) In 1900, Congress established a civilian 

6 government on the island through the Foraker Act. 

7 Among other points, that Act established an ‘‘execu8 tive council’’ consisting of various department heads 

9 and a presidentially appointed civilian governor. 

10 (3) The Foraker Act also established the Resi11 dent Commissioner position to represent island in12 terests in Congress. These duties came to include 

13 nonvoting service in the House of Representatives. 

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

15 Downes v. Bidwell and its progeny held that for pur16 poses of the Constitution’s Uniformity Clause, Puer17 to Rico was not part of the United States. Justice 

18 White, in concurrence, opined that Congress has dis19 cretion to decide whether and when to incorporate a 

20 territory into the United States. 

21 (5) Congress recognized Puerto Rico’s authority 

22 over matters of internal governance in 1950 with the 

23 passage of the Puerto Rico Federal Relations Act of 

24 1950, Public Law 81–600, providing for a constitu25 tional government for the island which was adopted 


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1 by Congress as a compact for the people of Puerto 

2 Rico and the subsequent ratification of the island’s 

3 constitution in July 1952. 

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

5 recognized Puerto Rico as a self-governing political 

6 entity under the United Nations General Assembly 

7 Resolution 748. 

8 (7) The United States has a legal duty to com9 ply with Article 1 of the International Covenant on 

10 Civil and Political Rights, which establishes that all 

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

12 virtue of that right they freely determine their polit13 ical status and freely pursue their economic, social 

14 and cultural development’’. 

15 (8) The status convention provides a delibera16 tive, comprehensive, and uninterrupted space of dia17 logue that can define the future of Puerto Rico. 

18 SEC. 3. PUERTO RICO STATUS CONVENTION. 

19 (a) IN GENERAL.—The Legislature of Puerto Rico 

20 has the inherent authority to call a status convention, con21 stituted by a number of delegates to be determined in ac22 cordance to legislation approved by the Commonwealth of 

23 Puerto Rico, for the purpose of proposing to the people 

24 of Puerto Rico a self-determination option. A status con25 vention called by the Legislature shall— 


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1 (1) be a semipermanent body that is dissolved 

2 only when the United States ratifies a self-deter3 mination option presented to Congress by the status 

4 convention; and 

5 (2) consist of delegates elected by Puerto Rican 

6 votes, in an election conducted according to the ena7 bling legislation for this status convention as ap8 proved by the Legislature of the Commonwealth of 

9 Puerto Rico. 

10 (b) PUBLIC FINANCING OF DELEGATE ELEC11 TIONS.— 

12 (1) FUND ESTABLISHED.—There is hereby es13 tablished a separate fund in the United States 

14 Treasury to be known as the Puerto Rico Status 

15 Convention Public Matching Fund which shall be 

16 administered by the Puerto Rico State Commission 

17 on Elections and subject to oversight by the Federal 

18 Election Commission. Amounts in the fund shall be 

19 used to distribute $4 to each candidate for delegate 

20 for every $1 that the candidate receives as a cam21 paign contribution 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 A MATCHING FUND.— 

2 To be eligible to receive funds under this subsection, 

3 a candidate 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 less than 50 indi11 vidual donations of $50 or less. 

12 (3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this section $5,500,000. Administrative costs for the 

15 Federal Election Commission shall not exceed 10 

16 percent of this appropriation. 

17 (c) DELEGATES.—Delegates elected pursuant to sub18 section (a)(2), in consultation with the Congressional Bi19 lateral Negotiating Commission, shall— 

20 (1) debate and draft definitions on self-deter21 mination options for Puerto Rico, which shall be 

22 outside the Territorial Clause of the United States 

23 Constitution; 

24 (2) draft accompanying transition plans for 

25 each self-determination option; and 


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1 (3) choose a self-determination option (and its 

2 accompanying transition plan) to present to the peo3 ple of Puerto Rico through a referendum vote held 

4 in Puerto Rico. 

5 SEC. 4. CONGRESSIONAL BILATERAL NEGOTIATING COM6 MISSION. 

7 (a) ESTABLISHMENT.—There is established a Con8 gressional Bilateral Negotiating Commission to provide 

9 advice and consultation to delegates of a status convention 

10 called under section 3. 

11 (b) COMPOSITION.—The members of the Commission 

12 shall include— 

13 (1) the chairs of the Committee on Natural Re14 sources of the House of Representatives and the 

15 Committee on Energy and Natural Resources of the 

16 Senate; 

17 (2) the ranking members of the Committee on 

18 Natural Resources of the House of Representatives 

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

21 (3) one member selected by the majority leader 

22 of the House of Representatives; 

23 (4) one member selected by the minority leader 

24 of the House of Representatives; 


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1 (5) one member selected by the majority leader 

2 of the Senate; 

3 (6) one member selected by the minority leader 

4 of the Senate; 

5 (7) the Resident Commissioner of Puerto Rico; 

6 and 

7 (8) with the consent of the Speaker of the 

8 House of Representatives and majority leader of the 

9 Senate, a member from the Department of Justice. 

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

11 (1) shall meet periodically with the delegates in 

12 Puerto Rico and the District of Columbia, at the re13 quest of the elected delegates; 

14 (2) shall have the authority to study, make 

15 findings, and develop recommendations regarding 

16 the different self-determination options on constitu17 tional issues and policies related to culture, lan18 guage, the judicial and public education systems, 

19 taxes, and United States citizenship, and provide 

20 technical assistance and constitutional advice to the 

21 delegates throughout the duration of the Puerto 

22 Rico status convention; 

23 (3) may hold public hearings in connection with 

24 any aspects of the convention at the request of the 

25 delegates or on its own; and 


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1 (4) may receive testimony. 

2 (d) REPORTING.—The Commission shall periodically 

3 provide status reports, findings, and studies to the Speak4 er of the House of Representatives. All such reports shall 

5 be— 

6 (1) submitted to the House of Representatives 

7 not less than once every 12 months; and 

8 (2) made available to the general public in 

9 widely accessible formats in English and Spanish on 

10 the same day that such reports are submitted to the 

11 House of Representatives. 

12 SEC. 5. PUERTO RICO STATUS REFERENDUM. 

13 (a) IN GENERAL.—A referendum vote by residents 

14 of Puerto Rico may only be on the self-determination op15 tion chosen by the delegates of the status convention. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated $2,500,000 to carry out a 

18 referendum vote under subsection (a). 

19 SEC. 6. CONGRESSIONAL DELIBERATION AND ENACTING 

20 RESOLUTION. 

21 If the referendum is approved by the people of Puerto 

22 Rico, Congress may approve a joint resolution to ratify 

23 the self-determination option approved in the referendum 

24 vote held under this Act. If the Congress ends before act25 ing on the self-determination option, the Puerto Rico staVerDate Sep 11 2014 19:35 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8113.IH H8113

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1 tus convention created under this Act may meet again and 

2 send or resend a self-determination option to Congress. 

Æ 


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