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 self- 
determination, and to establish a mechanism for congressional consider-
ation 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. 
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 Self-De-
termination Act of 2020’’. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
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(1) In 1898, the United States defeated the 
Spanish Kingdom in the Spanish-American War and 
acquired by conquest Puerto Rico, Guam, and the 
Philippines pursuant to the Treaty of Paris. 
(2) In 1900, Congress established a civilian 
government on the island through the Foraker Act. 
Among other points, that Act established an ‘‘execu-
tive council’’ consisting of various department heads 
and a presidentially appointed civilian governor. 
(3) The Foraker Act also established the Resi-
dent Commissioner position to represent island in-
terests in Congress. These duties came to include 
nonvoting service in the House of Representatives. 
(4) In 1901, the Supreme Court’s decisions in 
Downes v. Bidwell and its progeny held that for pur-
poses of the Constitution’s Uniformity Clause, Puer-
to Rico was not part of the United States. Justice 
White, in concurrence, opined that Congress has dis-
cretion to decide whether and when to incorporate a 
territory into the United States. 
(5) Congress recognized Puerto Rico’s authority 
over matters of internal governance in 1950 with the 
passage of the Puerto Rico Federal Relations Act of 
1950, Public Law 81–600, providing for a constitu-
tional government for the island which was adopted 
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by Congress as a compact for the people of Puerto 
Rico and the subsequent ratification of the island’s 
constitution in July 1952. 
(6) On November 18, 1953, the United Nations 
recognized Puerto Rico as a self-governing political 
entity under the United Nations General Assembly 
Resolution 748. 
(7) The United States has a legal duty to com-
ply with Article 1 of the International Covenant on 
Civil and Political Rights, which establishes that all 
peoples have the right to self-determination and ‘‘by 
virtue of that right they freely determine their polit-
ical status and freely pursue their economic, social 
and cultural development’’. 
(8) The status convention provides a delibera-
tive, comprehensive, and uninterrupted space of dia-
logue that can define the future of Puerto Rico. 
SEC. 3. PUERTO RICO STATUS CONVENTION. 
(a) IN GENERAL.—The Legislature of Puerto Rico 
has the inherent authority to call a status convention, con-
stituted by a number of delegates to be determined in ac-
cordance to legislation approved by the Commonwealth of 
Puerto Rico, for the purpose of proposing to the people 
of Puerto Rico a self-determination option. A status con-
vention called by the Legislature shall— 
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(1) be a semipermanent body that is dissolved 
only when the United States ratifies a self-deter-
mination option presented to Congress by the status 
convention; and 
(2) consist of delegates elected by Puerto Rican 
votes, in an election conducted according to the ena-
bling legislation for this status convention as ap-
proved by the Legislature of the Commonwealth of 
Puerto Rico. 
(b) PUBLIC
FINANCING
OF
DELEGATE
ELEC-
TIONS.— 
(1) FUND ESTABLISHED.—There is hereby es-
tablished a separate fund in the United States 
Treasury to be known as the Puerto Rico Status 
Convention Public Matching Fund which shall be 
administered by the Puerto Rico State Commission 
on Elections and subject to oversight by the Federal 
Election Commission. Amounts in the fund shall be 
used to distribute $4 to each candidate for delegate 
for every $1 that the candidate receives as a cam-
paign contribution that is— 
(A) less than $100; and 
(B) donated by a resident of Puerto Rico. 
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(2) REQUIREMENTS FOR A MATCHING FUND.— 
To be eligible to receive funds under this subsection, 
a candidate for delegate shall— 
(A) agree to increased financial oversight 
from the Federal Election Commission; 
(B) limit campaign spending to not more 
than $25,000; and 
(C) demonstrate a basic level of support 
from residents of Puerto Rico by receiving from 
residents of Puerto Rico not less than 50 indi-
vidual donations of $50 or less. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this section $5,500,000. Administrative costs for the 
Federal Election Commission shall not exceed 10 
percent of this appropriation. 
(c) DELEGATES.—Delegates elected pursuant to sub-
section (a)(2), in consultation with the Congressional Bi-
lateral Negotiating Commission, shall— 
(1) debate and draft definitions on self-deter-
mination options for Puerto Rico, which shall be 
outside the Territorial Clause of the United States 
Constitution; 
(2) draft accompanying transition plans for 
each self-determination option; and 
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(3) choose a self-determination option (and its 
accompanying transition plan) to present to the peo-
ple of Puerto Rico through a referendum vote held 
in Puerto Rico. 
SEC. 4. CONGRESSIONAL BILATERAL NEGOTIATING COM-
MISSION. 
(a) ESTABLISHMENT.—There is established a Con-
gressional Bilateral Negotiating Commission to provide 
advice and consultation to delegates of a status convention 
called under section 3. 
(b) COMPOSITION.—The members of the Commission 
shall include— 
(1) the chairs of the Committee on Natural Re-
sources of the House of Representatives and the 
Committee on Energy and Natural Resources of the 
Senate; 
(2) the ranking members of the Committee on 
Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Re-
sources of the Senate; 
(3) one member selected by the majority leader 
of the House of Representatives; 
(4) one member selected by the minority leader 
of the House of Representatives; 
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(5) one member selected by the majority leader 
of the Senate; 
(6) one member selected by the minority leader 
of the Senate; 
(7) the Resident Commissioner of Puerto Rico; 
and 
(8) with the consent of the Speaker of the 
House of Representatives and majority leader of the 
Senate, a member from the Department of Justice. 
(c) DUTIES AND FUNCTIONS.—The Commission— 
(1) shall meet periodically with the delegates in 
Puerto Rico and the District of Columbia, at the re-
quest of the elected delegates; 
(2) shall have the authority to study, make 
findings, and develop recommendations regarding 
the different self-determination options on constitu-
tional issues and policies related to culture, lan-
guage, the judicial and public education systems, 
taxes, and United States citizenship, and provide 
technical assistance and constitutional advice to the 
delegates throughout the duration of the Puerto 
Rico status convention; 
(3) may hold public hearings in connection with 
any aspects of the convention at the request of the 
delegates or on its own; and 
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(4) may receive testimony. 
(d) REPORTING.—The Commission shall periodically 
provide status reports, findings, and studies to the Speak-
er of the House of Representatives. All such reports shall 
be— 
(1) submitted to the House of Representatives 
not less than once every 12 months; and 
(2) made available to the general public in 
widely accessible formats in English and Spanish on 
the same day that such reports are submitted to the 
House of Representatives. 
SEC. 5. PUERTO RICO STATUS REFERENDUM. 
(a) IN GENERAL.—A referendum vote by residents 
of Puerto Rico may only be on the self-determination op-
tion chosen by the delegates of the status convention. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $2,500,000 to carry out a 
referendum vote under subsection (a). 
SEC. 6. CONGRESSIONAL DELIBERATION AND ENACTING 
RESOLUTION. 
If the referendum is approved by the people of Puerto 
Rico, Congress may approve a joint resolution to ratify 
the self-determination option approved in the referendum 
vote held under this Act. If the Congress ends before act-
ing on the self-determination option, the Puerto Rico sta-
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tus convention created under this Act may meet again and 
send or resend a self-determination option to Congress. 
Æ 
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