I
106TH CONGRESS
2D SESSION
H. R. 4751
To recognize entry of the Commonwealth of Puerto Rico into permanent
union with the United States based on a delegation of government
powers to the United States by the people of Puerto Rico constituted
as a Nation, to guarantee irrevocable United States citizenship as a
right under the United States Constitution for all persons born in Puerto
Rico, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 2000
Mr. DOOLITTLE introduced the following bill; which was referred to the
Committee on Resources
A BILL
To recognize entry of the Commonwealth of Puerto Rico
into permanent union with the United States based on
a delegation of government powers to the United States
by the people of Puerto Rico constituted as a Nation,
to guarantee irrevocable United States citizenship as a
right under the United States Constitution for all per-
sons born in Puerto Rico, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Puerto Rico-United
States Bilateral Pact of Non-territorial Permanent Union
and Guaranteed Citizenship Act’’.
SEC. 2. PUERTO RICO’S RELATIONSHIP WITH THE UNITED
STATES.
Congress recognizes Puerto Rico as a nation legally
and constitutionally, with a political status and relation-
ship with the United States on the basis of the following
governing provisions:
(1) The people of Puerto Rico, exercising their
sovereignty, their natural right to govern themselves,
and their free will as the ultimate source of their po-
litical power, may reaffirm, in accordance with this
Act, the validity of the Commonwealth as established
as an autonomous political body, neither colonial nor
territorial, in permanent union with the United
States of America under an agreement which may
not be unilaterally nullified or changed, and may
propose its further autonomous development. The
relationship between Puerto Rico and the United
States shall continue to be based on a common de-
fense, 
market, 
and 
currency, 
and 
on 
the
nonrevocability of United States citizenship, ac-
quired by birth and protected by the Constitution of
the United States.
(2) This relationship guarantees the autono-
mous development of Puerto Rico based on the
democratic precept of government by consent of the
governed and the recognition that Puerto Rico is a
nation with its own history, national character, cul-
ture, and Spanish language.
(3) To achieve maximum economic progress and
well-being, the people of Puerto Rico may propose to
develop the Commonwealth in order to retain all
powers not delegated to the United States. In keep-
ing with Puerto Rico’s fiscal autonomy, areas of eco-
nomic development will be identified in which joint
action will create jobs and other benefits for both
parties, including flexibility in the use of Federal
funds.
(4) This Act shall not be construed to affect
programs involving direct assistance to individuals.
(5) The Commonwealth may arrange commer-
cial and tax agreements. as well as other agree-
ments, with other countries and belong to regional
and international organizations, consistent with the
common defense and security interests of the United
States and Puerto Rico, in accordance with this Act
and bilateral agreements entered into pursuant to
this Act.
(6) After a petition for further development of
Commonwealth has been approved by the people of
Puerto Rico, a Constituent Assembly shall be con-
vened to negotiate with the Government of the
United States the terms and conditions of an agree-
ment to implement the proposals to further develop
the Commonwealth, including a mechanism for con-
sent to application and enforcement of laws ap-
proved by Congress.
SEC. 3. IMPLEMENTING PROVISIONS.
Upon agreement by Congress to recognize a unalter-
able bilateral pact with provisions described in section 2
by approval of this Act, the following terms for its imple-
mentation shall apply:
(1) The people of Puerto Rico, in the exercise
of their sovereignty, natural right to self-government
and free will, as the ultimate sources of their polit-
ical power, have consented to and may reaffirm the
validity and the force and effect to the Common-
wealth formula that was established in 1952 as an
autonomous body which is neither colonial nor a ter-
ritory, in permanent political union with the United
States, under an agreement that may not be set
aside or altered unilaterally, and which allows for
development of greater autonomy in the future as
proposed by Puerto Rico.
(2) This bilateral relationship shall guarantee
Puerto Rico’s economic growth, based on the precept
of democratic government by consent of the people,
and acknowledging that Puerto Rico is a nation with
its own history, idiosyncrasy, culture, and Spanish
language.
(3) Congress hereby recognizes and confirms
that Puerto Rico has a specific nationality that is
distinguishable from that of the United States or
any other nation.
(4) The United States recognizes that people
born in Puerto Rico are Puerto Rican citizens by
birth and Puerto Rican citizenship is transferable to
their descendants, as set forth by the Common-
wealth of Puerto Rico, and so shall those rights,
privileges, and obligations be derived from the same.
(5) Upon its free will and in agreement with
the United States, the union between Puerto Rico
and the United States will be grounded on the foun-
dations set forth below in paragraphs (6) through
(9).
(6) Those persons born in the Commonwealth
of Puerto Rico shall continue being United States
citizens by birthright and said citizenship will con-
tinue to be protected by the United States Constitu-
tion. This right of United States citizenship cannot
be unilaterally revoked by the United States.
(7) The United States shall maintain its au-
thority and responsibility for matters of defense.
This shall include responsibility for the defense of
Puerto Rico and its people, in the identical manner
that the United States and its own people are de-
fended. The United States may deny or limit mili-
tary or strategic access to the land and waters of
Puerto Rico by any other foreign power, and keep
the military bases or other installations presently op-
erating in Puerto Rico, such as the National Guard.
In the case of Vieques, the legitimate claims of its
residents shall be given full and fair review on a pri-
ority basis. Any additional need for military base
rights shall be considered or agreed to by way of
specific separate accords.
(8) A common market shall continue to exist
between Puerto Rico and the United States; there-
fore, the trade of goods and services will continue
between both countries.
(9) Puerto Rico shall continue to have the right
to use United States currency as official currency of
Puerto Rico.
(10) The people’s self-government emanates
from the Commonwealth; therefore, the people of
Puerto Rico retain all the powers not delegated to
the United States. Federal laws having to do with
defense, currency, United States citizenship, social
security, medicare, unemployment insurance, bank-
ing and brokerage, postal service, and social and
educational aid programs or assistance for veterans
are delegated to the United States.
(11) International relations functions are dele-
gated to the United States only in the areas con-
sistent with United States powers under the unalter-
able bilateral pact and Commonwealth as recognized
under this Act.
(12) Areas of special cooperation between the
United States and the Commonwealth shall be iden-
tified, wherein powers shall be shared to the benefit
of both peoples.
(13) United States citizens who live in the
Commonwealth are protected by all the rights, privi-
leges, and immunities conferred upon them by the
United States Constitution and the Constitution of
the Commonwealth of Puerto Rico.
(14) The Federal programs that afford social
and educational benefits directly to the residents of
Puerto Rico (such as Pell Grants, ‘‘Programa de
Assistencia Nutriciaonal’’ (Nutritional Aid Pro-
gram), and school loans) shall remain in force, gov-
erned by the applicable Federal and State standards.
The United States acknowledges that Federal pro-
grams for veterans, social security benefits, medi-
care, and unemployment benefits are acquired rights
for which workers and their employers have made,
and shall continue to make, the corresponding con-
tributions for such Federal programs.
(15) With the aim of advancing Puerto Rico’s
economic development, and considering the present
and future relations between Puerto Rico and the
United States, the United States shall provide the
Commonwealth an annual block economic allotment,
with corresponding inflationary adjustments, so that
the Commonwealth of Puerto Rico can continue to
offer social benefits, develop its public works, infra-
structures, and incentives for the opening of jobs,
and to foster its social and economic growth. The
parties shall also identify those areas of economic
growth that can be addressed by joint action in
order to create jobs, including special incentives pro-
grams for investment on the island.
(16) The Commonwealth shall control its inter-
national trade and establish a policy that will foster
its maximum economic growth. For such purposes it
shall have the capacity and authority to enter into
trade and tax agreements with other countries, con-
sistent with the common interest in defense and se-
curity of Puerto Rico and the United States.
(17) The Commonwealth of Puerto Rico may
execute agreements and belong to regional and inter-
national bodies, consistent with the common interest
in defense and security of Puerto Rico and the
United States. The United States shall endorse
Puerto Rico’s participation or membership in agree-
ments and institutions to which this paragraph
makes reference.
(18) The United States shall transfer the lands
it owns in Puerto Rico on the date of the enactment
of this Act to the Commonwealth, except for those
that are used for common defense or that are nec-
essary to perform the powers delegated to the
United States in accordance with this Act.
(19) Puerto Rico and the United States shall
establish other special areas of cooperation, with the
aim of guaranteeing the quality of life of Puerto
Ricans, and to foster from the collective experiences
of both their peoples institutional and sectorial de-
velopment of both peoples. In the area of orderly, se-
rene, and harmonious development with both peo-
ples’ cultures, spiritual, psychological, and economic
nature, Puerto Rico and the United States are here-
by bound to cultivate joint strategies in drug traffic
control, regulation of communications, prevention of
illegal immigration, mutually beneficial environ-
mental protection, and solidarity with international
precepts, including an advanced state of fair em-
ployer-employee relations in the workplace, disaster
relief, shared technological innovation in agriculture,
medicine, pharmacology, criminal justice, and other
fields of natural and social sciences, as well as the
humanities.
(20) The United States Federal district court
in the Commonwealth of Puerto Rico shall entertain
matters that arise from those provisions of the Con-
stitution of the United States that are applicable in
Puerto Rico, from the provisions of United States
statutes that apply to Puerto Rico, consistent with
or pursuant to this Act or the unalterable bilateral
pact, and which are not contrary to the provisions
of the Constitution of Puerto Rico. Spanish and
English shall be the official languages of the Federal
district courts in Puerto Rico.
(21) In negotiations between the parties under
this Act, the Commonwealth of Puerto Rico will be
represented by a negotiating committee comprised of
3 members appointed by the Governor and con-
firmed by 75 percent of both houses of the Legisla-
tive Assembly of Puerto Rico. At least 2 of the 3
members of the committee must believe in the polit-
ical philosophy set forth in the Commonwealth for-
mula as recognized under this Act. The United
States shall be represented by a 3-member negoti-
ating committee appointed by the President of the
United States.
(22) In the event a controversy is not resolved
though negotiations between the parties, the issue
shall be submitted to a dispute resolution commis-
sion. The commission shall be created, comprised of
5 members, 2 appointed by the Commonwealth of
Puerto Rico and 2 appointed by the United States,
and a 5th member to be appointed by the majority
of the 4 members representing the parties. The 5-
member commission shall designate a president
among themselves.
(23) The bilateral pact, as agreed and devel-
oped under this Act, shall have the force and effect
acknowledged by constitutional and international
laws in effect, as a bilateral agreement that recog-
nizes rights and delegates powers, based on mutual
consent, and which may not be unilaterally with-
drawn or altered.
(24) In addition to the recognition and reaffir-
mation of Commonwealth under this Act, upon ap-
proval of any proposal by Puerto Rico to further de-
velop Commonwealth by the people of Puerto Rico,
a constitutional convention may be assembled. Said
convention shall, on behalf of the people of Puerto
Rico, negotiate with the United States the additional
terms and conditions of the association between
Puerto Rico and the United States, as well as the
specific written instrument of said agreement. Said
constitutional convention may not adopt proposals
that undermine or void the mandate of the people of
Puerto Rico or that may undermine the percepts of
common citizenship, market, currency and defense,
or against Puerto Rican national identity.
(25) The constitutional convention shall design
and propose to the United States Government a
mechanism for the specific, prospective consent on
the application of legislation passed by the United
States Congress after the adoption of an agreement
on this matter under this Act, as to such legislation
as the People of Puerto Rico want to apply to them.
(26) The people of Puerto Rico shall elect a
Resident Commissioner to represent Puerto Rico be-
fore the United States Government, and who shall
be considered as a Member of the United States
House of Representatives as regards any legislative
matter relating to Puerto Rico. The Resident Com-
missioner shall also represent Puerto Rico before the
executive branch of the United States Government.
(27) The constitutional convention shall have
representation in Puerto Rico’s 2 main political par-
ties; therefore they may nominate candidates who
shall comprise the convention.
(28) Once any agreement to develop Common-
wealth further is negotiated and approved by the
United States and the constitutional convention, it
shall be in force and effect after it has been ap-
proved by the people of Puerto Rico. Any further
modification of the terms of the agreement shall
have to be approved by the people of Puerto Rico,
by means of a special voting process in conformity
with its democratic institutions and processes.
(29) The constitutional convention shall not be
authorized to alter, modify, amend or change the
Constitution of the Commonwealth of Puerto Rico.
(30) The symbols, flag, and hymns of the Com-
monwealth of Puerto Rico shall be the symbols, flag,
and hymns that are in effect on the date of the en-
actment of this Act.
(31) The Commonwealth of Puerto Rico shall
retain the capacity to subscribe to cultural, edu-
cational, and scientific and sports agreements.
SEC. 4. NONSEVERABILITY.
The governing provisions for Commonwealth set forth
in section 2 alter existing Federal law in order to establish
the necessary elements of a legal definition of the political
status of Puerto Rico on a basis not subject to the power
of Congress over territories under article IV, section 3,
clause 2 of the United States Constitution. If a court of
competent jurisdiction enters a final judgment on the mer-
its that is no longer subject to appeal, which alters, limits,
or impairs the Commonwealth formula set forth in the
governing provisions of section 2, or prevents establish-
ment of Commonwealth as a relationship that is not terri-
torial, whether such judgment is based on Federal statu-
tory or Federal constitutional grounds, or which deter-
mines that any provisions of section 2 and section 3 or
implementing measures thereunder violate the United
States Constitution, then the provisions of this Act are
null and void and of no effect, and Puerto Rico will there-
upon continue to be governed in accordance with the Puer-
to Rican Federal Relations Act (64 Stat. 319) and Federal
law applicable to Puerto Rico as of the date of the enact-
ment of this Act.
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