I 

109TH CONGRESS 

2D SESSION H. R. 4867 

To provide for a federally sanctioned self-determination process for the people 

of Puerto Rico. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2006 

Mr. FORTUN ̃O (for himself, Mr. SERRANO, Ms. PRYCE of Ohio, Mr. CANTOR, 

Mr. YOUNG of Alaska, Mr. BURTON of Indiana, Mr. RAHALL, Mr. 

HOYER, Mr. LINCOLN DIAZ-BALART of Florida, Ms. ROS-LEHTINEN, Mr. 

MARIO DIAZ-BALART of Florida, Mr. KENNEDY of Rhode Island, Mr. 

HYDE, Mr. PUTNAM, Mr. FLAKE, Mr. PENCE, Mr. TOM DAVIS of Virginia, Mr. KILDEE, Mr. WELLER, Mr. MCKEON, Mr. FEENEY, Mr. 

BROWN of South Carolina, Mr. BONILLA, Mr. ABERCROMBIE, Mr. 

FOLEY, Mr. CALVERT, Mr. CANNON, Mr. GILCHREST, Mr. PEARCE, Mr. 

NUNES, Ms. LORETTA SANCHEZ of California, Mr. PETERSON of Pennsylvania, Mr. RENZI, Mrs. DRAKE, Mr. DOOLITTLE, Ms. BORDALLO, Mr. 

DENT, Ms. HARRIS, Mr. WESTMORELAND, Mr. POE, Mr. PETERSON of 

Minnesota, Mr. CONAWAY, Mr. MARCHANT, Mr. WILSON of South Carolina, Mr. MICA, Mr. CROWLEY, Mr. BOUSTANY, Mrs. BLACKBURN, Mr. 

SCHWARZ of Michigan, Ms. HART, Mr. FATTAH, Mr. MACK, Mr. 

WELDON of Florida, Mr. MCCAUL of Texas, Mr. FITZPATRICK of Pennsylvania, Mr. CRAMER, Mr. FOSSELLA, Mr. HENSARLING, Mr. WAMP, 

Mr. COBLE, Mr. MOLLOHAN, Mr. HOSTETTLER, Mr. MCCOTTER, Mr. 

KELLER, Mr. KUHL of New York, Mr. GOHMERT, Mr. MORAN of Virginia, Mr. WYNN, Mr. KIND, Mr. CONYERS, Mr. NADLER, Mr. WALDEN

of Oregon, Mrs. TAUSCHER, and Mr. GENE GREEN of Texas) introduced 

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

A BILL 

To provide for a federally sanctioned self-determination 

process for the people of Puerto Rico. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Puerto Rico Democracy Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Federally sanctioned process for Puerto Rico’s self-determination, including initial plebiscite and subsequent procedures. 

Sec. 4. Applicable laws and other requirements. 

Sec. 5. Availability of funds for the self-determination process. 

8 SEC. 2. FINDINGS. 

9 The Congress finds the following: 

10 (1) On November 30, 1992, President George 

11 H.W. Bush issued a Memorandum to Heads of Ex12 ecutive Departments and Agencies recognizing that 

13 ‘‘As long as Puerto Rico is a territory . . . the will 

14 of its people regarding their political status should 

15 be ascertained periodically by means of a general 

16 right of referendum . . .’’. 

17 (2) Consistent with this policy, on December 

18 23, 2000, President William J. Clinton issued Exec19 utive Order 13183, establishing the President’s Task 

20 Force on Puerto Rico’s Status for purposes that in21 cluded identifying the options for the territory’s fu22 ture political status ‘‘. . . that are not incompatible 


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1 with the Constitution and basic laws and policies of 

2 the United States . . .’’, as well as the process for 

3 realizing such options. 

4 (3) President George W. Bush adopted Execu5 tive Order 13183 and, on December 3, 2003, 

6 amended it to require that the President’s Task 

7 Force on Puerto Rico’s Status issue a report ‘‘. . . 

8 no less frequently than once every 2 years, on 

9 progress made in the determination of Puerto Rico’s 

10 ultimate status.’’. 

11 (4) On December 22, 2005, the Task Force ap12 pointed by President George W. Bush issued a re13 port recommending that: 

14 (A) The Congress provide within a year for 

15 a federally sanctioned plebiscite in which the 

16 people of Puerto Rico would be asked to vote on 

17 whether they wish to remain a United States 

18 territory or pursue a constitutionally viable 

19 path toward a permanent nonterritorial status. 

20 (B) If the people of Puerto Rico elect to 

21 pursue a permanent nonterritorial status, Con22 gress should provide for a subsequent plebiscite 

23 allowing the people of Puerto Rico to choose be24 tween one of the two permanent nonterritorial 

25 status options. Once a majority of the people 


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1 has selected one of the two options, Congress is 

2 encouraged to begin a process of transition to3 ward that option. 

4 (C) If the people of Puerto Rico elect to 

5 remain as a United States territory, further 

6 plebiscites should occur periodically, as long as 

7 a territorial status continues, to keep Congress 

8 informed of the people’s wishes. 

9 SEC. 3. FEDERALLY SANCTIONED PROCESS FOR PUERTO 

10 RICO’S SELF-DETERMINATION, INCLUDING 

11 INITIAL PLEBISCITE AND SUBSEQUENT PRO12 CEDURES. 

13 (a) FIRST PLEBISCITE UNDER THIS ACT.—The 

14 Puerto Rico State Elections Commission shall conduct a 

15 plebiscite in Puerto Rico during the 110th Congress, but 

16 not later than December 31, 2007. The ballot shall provide 

17 for voters to choose only between the following two op18 tions: 

19 (1) Puerto Rico should continue the existing 

20 form of territorial status as defined by the Constitu21 tion, basic laws, and policies of the United States. 

22 If you agree, mark herellll. 

23 (2) Puerto Rico should pursue a path toward a 

24 constitutionally viable permanent nonterritorial sta25 tus. If you agree, mark here llllll. 


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1 The two options set forth on the ballot shall be preceded 

2 by the following statement: Instructions: Mark the option 

3 you choose as each is defined below. Ballots with more 

4 than one option marked will not be counted. 

5 (b) PROCEDURE IF MAJORITY IN FIRST PLEBISCITE

6 FAVORS CONTINUED TERRITORIAL STATUS.—If a major7 ity vote in a plebiscite held under subsection (a) favors 

8 the continuation of the existing territorial status, the 

9 Puerto Rico State Elections Commission shall conduct ad10 ditional plebiscites under subsection (a) at intervals of 

11 every 8 years from the date that the results of the prior 

12 plebiscite are certified unless a majority of votes in the 

13 prior plebiscite favors pursuing a permanent nonterritorial 

14 status. 

15 (c) PROCEDURE IF MAJORITY IN FIRST PLEBISCITE

16 FAVORS PERMANENT NONTERRITORIAL STATUS.—If a 

17 majority vote in any plebiscite held under subsection (a) 

18 favors permanent nonterritorial status, the Puerto Rico 

19 State Elections Commission shall conduct a plebiscite 

20 under this subsection. The ballot on the plebiscite under 

21 this subsection shall provide for a vote to choose only be22 tween the following two options: 

23 (1) Statehood: Puerto Rico should be admitted 

24 as a State of the Union, on equal footing with the 

25 other States. If you agree, mark herellll. 


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1 (2) Sovereign nation: Puerto Rico should be2 come a sovereign nation, either fully independent 

3 from or in free association with the United States 

4 under an international agreement that preserves the 

5 right of each nation to terminate the association. If 

6 you agree, mark herelll. 

7 The two options set forth on the ballot shall be preceded 

8 by the following statement: Instructions: Mark the option 

9 you choose as each is defined below. Ballots with more 

10 than one option marked will not be counted. 

11 (d) PERIOD FOR HOLDING PLEBISCITE.—If a major12 ity vote in the first plebiscite under subsection (a) favors 

13 permanent nonterritorial status, the plebiscite under sub14 section (c) shall be held during the 111th Congress, but 

15 no later than December 31, 2009. If a majority vote in 

16 a plebiscite referred to in subsection (b) favors permanent 

17 nonterritorial status, the plebiscite under subsection (c) 

18 shall be held not later than 2 years after the certification 

19 of the majority vote in such plebiscite under subsection 

20 (b). 

21 SEC. 4. APPLICABLE LAWS AND OTHER REQUIREMENTS. 

22 (a) APPLICABLE LAWS.—All Federal laws applicable 

23 to the election of the Resident Commissioner of Puerto 

24 Rico shall, as appropriate and consistent with this Act, 

25 also apply to any plebiscite held pursuant to this Act. Any 


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1 reference in such Federal laws to elections shall be consid2 ered, as appropriate, to be a reference to the plebiscites, 

3 unless it would frustrate the purposes of this Act. 

4 (b) FEDERAL COURT JURISDICTION.—The Federal 

5 courts of the United States shall have exclusive jurisdic6 tion over any legal claims or controversies arising from 

7 the implementation of this Act. 

8 (c) RULES AND REGULATIONS.—The Puerto Rico 

9 State Elections Commission shall issue all rules and regu10 lations necessary to carry out the plebiscites under this 

11 Act. 

12 (d) ELIGIBILITY.—Each of the following shall be eli13 gible to vote in any plebiscite held under this Act: 

14 (1) All eligible voters under the electoral laws in 

15 effect in Puerto Rico at the time the plebiscite is 

16 held. 

17 (2) All United States citizens born in Puerto 

18 Rico who comply, to the satisfaction of the Puerto 

19 Rico State Elections Commission, with all Puerto 

20 Rico State Elections Commission requirements 

21 (other than the residency requirement) applicable to 

22 eligibility to vote in a general election. 

23 Persons eligible to vote under this subsection shall, upon 

24 request submitted to the Puerto Rico State Elections 


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1 Commission prior to the plebiscite concerned, be entitled 

2 to receive an absentee ballot for such plebiscite. 

3 (e) CERTIFICATION OF PLEBISCITE RESULTS.—The 

4 Puerto Rico State Elections Commission shall certify the 

5 results of each plebiscite held under this Act to the Presi6 dent of the United States and the Senate and House of 

7 Representatives of the United States. 

8 (f) REPORT AFTER SECOND PLEBISCITE.—No later 

9 than 6 months after the plebiscite provided for in section 

10 3(c), the President’s Task Force on Puerto Rico’s Status 

11 shall submit a report to the Congress, prepared in con12 sultation with the Governor, the Resident Commissioner, 

13 the President of the Senate of Puerto Rico, and the Speak14 er of the House of Representatives of Puerto Rico, detail15 ing measures that may be taken to implement the perma16 nent nonterritorial status option chosen in the plebiscite 

17 together with such recommendations as the Task Force 

18 may deem appropriate. 

19 SEC. 5. AVAILABILITY OF FUNDS FOR THE SELF-DETER20 MINATION PROCESS. 

21 During the period beginning October 1, 2006, and 

22 ending on the date the President determines that all the 

23 plebiscites required by this Act have been held, the Sec24 retary of the Treasury may allocate, from the funds pro25 vided to the Government of Puerto Rico under section 


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1 7652(e) of the Internal Revenue Code, not more than 

2 $5,000,000 to the State Elections Commission of Puerto 

3 Rico to be used for expenses of carrying out each plebiscite 

4 carried out under this Act, including for voter education 

5 materials certified by the President’s Task Force on Puer6 to Rico’s Status as not being incompatible with the Con7 stitution and basic laws and policies of the United States. 

8 Such amounts may be as identified by the President’s 

9 Task Force on Puerto Rico’s Status as necessary for such 

10 purposes. 

Æ 


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