I
104TH CONGRESS
2D SESSION
H. R. 3024
To provide a process leading to full self-government for Puerto Rico.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 1996
Mr. YOUNG of Alaska (for himself, Mr. GALLEGLY, Mr. GINGRICH, Mr.
SERRANO, Mr. KENNEDY of Rhode Island, Mr. RAHALL, Mr. ROMERO-
BARCELO´, Mr. GILMAN, Mr. BURTON of Indiana, Mr. UNDERWOOD, Mr.
CALVERT, Mr. LONGLEY, Mr. GENE GREEN of Texas, Mr. DEUTSCH, and
Mr. KLINK) introduced the following bill; which was referred to the Com-
mittee on 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 com-
mittee concerned
A BILL
To provide a process leading to full self-government for
Puerto Rico.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘United States-Puerto Rico Political Status Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Policy.
Sec. 4. Process for Puerto Rican full self-government, including the initial deci-
sion stage, transition stage, and implementation stage.
Sec. 5. Requirements relating to referenda, including inconclusive referendum
and applicable laws.
Sec. 6. Congressional procedures for consideration of legislation.
Sec. 7. Availability of funds for the referenda.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Puerto Rico is an unincorporated and lo-
cally self-governing territory of the United States,
ceded to the United States and under this Nation’s
sovereignty pursuant to the Treaty of Paris ending
the Spanish-American War in 1898. Article IX of
the Treaty of Paris expressly recognizes the author-
ity of Congress to provide for the political status of
the inhabitants of the territory.
(2) United States citizenship was extended to
Puerto Rico in 1917, as well as partial application
of the United States Constitution.
(3) In the period 1950–1952, Congress author-
ized, amended, and then approved a constitution for
Puerto Rico’s local government, which is now called
the ‘‘Commonwealth of Puerto Rico’’, without alter-
ing the territory’s fundamental economic, political,
and legal relationship with the United States.
(4) In the 1989 State of the Union Message,
President George Bush urged the Congress to take
the necessary steps to authorize a federally recog-
nized process allowing the people of Puerto Rico, for
the first time since the Treaty of Paris entered into
force, to freely express their wishes regarding their
future political status in a congressionally recognized
referendum, a step in the process of self-determina-
tion which the Congress has yet to authorize.
(5) In November of 1993, the Government of
Puerto Rico conducted a plebiscite initiated under
local law on Puerto Rico’s political status. In that
vote none of the three status propositions received a
majority of the votes cast. The results of that vote
were: 48.6 percent commonwealth, 46.3 percent
statehood, and 4.4 percent independence.
(6) In 1994, President William Jefferson Clin-
ton established the Executive Branch Interagency
Working Group on Puerto Rico to coordinate the re-
view, development, and implementation of executive
branch administrative policy concerning Puerto Rico
in light of the November 1993 plebiscite in the is-
lands.
(7) There have been inconsistent and conflicting
interpretations of the 1993 plebiscite results, and
under the Territorial Clause of the Constitution (ar-
ticle IV, section 3, clause 2), Congress has the au-
thority and responsibility to determine Federal pol-
icy and clarify status issues in order to advance the
self-determination process in Puerto Rico.
(8) On December 14, 1994, the Puerto Rico
Legislature enacted Concurrent Resolution 62, which
requested the 104th Congress to respond to the re-
sults of the 1993 Puerto Rico Status Plebiscite and
to indicate the next steps in resolving Puerto Rico’s
political status.
(9) Nearly 4,000,000 United States citizens live
in the islands of Puerto Rico, which have been with-
in the American political system and the United
States customs territory for almost 100 years, mak-
ing Puerto Rico the oldest, largest, and most popu-
lous United States island territory at the southeast-
ern-most boundary of our Nation, located astride the
strategic shipping lanes of the Atlantic Ocean and
Caribbean Sea.
(10) Full self-government for Puerto Rico is at-
tainable only through establishment of a political
status either without or within United States sov-
ereignty, under which Puerto Rico is no longer an
unincorporated territory subject to the plenary au-
thority of Congress arising from the Territorial
Clause.
SEC. 3. POLICY.
In recognition of the significant level of local self-gov-
ernment which has been attained by Puerto Rico, and the
desire by both the United States and Puerto Rico to en-
able the people of the territory to achieve full self-govern-
ment through a self-determination process consistent with
United States and internationally recognized standards,
this Act is adopted with a commitment to encourage the
mutual development and implementation of procedures to
determine the political status of Puerto Rico.
SEC. 4. PROCESS FOR PUERTO RICAN FULL SELF-GOVERN-
MENT, INCLUDING THE INITIAL DECISION
STAGE, TRANSITION STAGE, AND IMPLEMEN-
TATION STAGE.
(a) INITIAL DECISION STAGE.—A referendum on
Puerto Rico’s political status shall be held not later than
December 31, 1998. The referendum shall be held in ac-
cordance with the applicable provisions of Puerto Rico’s
electoral law and other relevant statutes, and approval
must be by a majority of the valid votes cast. The referen-
dum shall be on the following question:
‘‘Which path leading to full self-government for Puer-
to Rico do you prefer to be developed through a transition
plan enacted by the Congress and approved by the people
of Puerto Rico?
‘‘(1) A path of separate Puerto Rican sov-
ereignty leading to independence or free association,
in which—
‘‘(A) Puerto Rico is a sovereign nation
with full authority and responsibility for its in-
ternal and external affairs, exercising in its own
name and right the powers of government with
respect to its territory and population, language
and culture, and determining its own relations
and participation in the community of nations;
‘‘(B) a negotiated treaty of friendship and
cooperation or an international bilateral pact of
free association terminable at will by either
Puerto Rico or the United States, defines fu-
ture relations between Puerto Rico and the
United States, providing for cooperation and
assistance in matters of shared interest as
agreed and approved by Puerto Rico and the
United States pursuant to this Act and their re-
spective constitutional processes;
‘‘(C) a constitution democratically insti-
tuted by the people of Puerto Rico, establishing
a republican form of full self-government and
securing the rights of citizens of the Puerto
Rican nation, is the supreme law, and the Con-
stitution and laws of the United States no
longer apply in Puerto Rico;
‘‘(D) Puerto Rico exercises the sovereign
power to determine and control its own nation-
ality and citizenship, and United States nation-
ality and citizenship conferred on the people of
Puerto Rico based upon birth in the territory
during the period in which the United States
exercised sovereignty and jurisdiction over
Puerto Rico is withdrawn in favor of Puerto
Rican nationality and citizenship, and the Unit-
ed States Congress has authority to prescribe
criteria for affected individuals to establish eli-
gibility for retention of United States national-
ity and citizenship or naturalization in the
United States on a basis which does not create
an exception to the establishment and preserva-
tion of separate United States and Puerto
Rican nationality and citizenship;
‘‘(E) upon recognition of Puerto Rico by
the United States as a sovereign nation and es-
tablishment of government-to-government rela-
tions on the basis of comity and reciprocity,
Puerto Rico’s representation to the United
States is accorded full diplomatic status;
‘‘(F) Puerto Rico is eligible for United
States assistance provided on a government-to-
government basis, including foreign aid or pro-
grammatic assistance, at levels determined at
the discretion of Congress and the President;
‘‘(G) property rights and previously ac-
quired rights vested by employment in Puerto
Rico or the United States are honored, and
where determined necessary such rights are
promptly adjusted and settled consistent with
government-to-government agreements imple-
menting the separation of sovereignty; and
‘‘(H) Puerto Rico is outside the customs
territory of the United States, and trade be-
tween the United States and Puerto Rico is
based on a treaty.
‘‘(2) A path under United States sovereignty
leading to statehood, in which—
‘‘(A) the people of Puerto Rico are fully
self-governing with their rights secured under
the United States Constitution, which is the su-
preme law and has the same force and effect as
in the other States of the Union;
‘‘(B) the sovereign State of Puerto Rico is
in permanent union with the United States, and
powers not delegated to the Federal Govern-
ment or prohibited to the States by the United
States Constitution are reserved to the people
of Puerto Rico or the State Government;
‘‘(C) United States citizenship of those
born in Puerto Rico is guaranteed and pro-
tected to the same extent as those born in the
several States;
‘‘(D) residents of Puerto Rico have equal
rights and benefits as well as equal duties and
responsibilities of citizenship, including payment
of Federal taxes, as those in the several States;
‘‘(E) Puerto Rico is represented in the
United States Senate and the House of Rep-
resentatives proportionate to the population;
‘‘(F) Puerto Rico is enfranchised to vote
for United States presidential and vice-presi-
dential electors proportionate to the population;
and
‘‘(G) Puerto Rico adheres to the same lan-
guage requirement as in the several States.’’.
(b) TRANSITION STAGE.—
(1) PLAN.—Within 180 days of the receipt of
the results of the referendum from the Government
of Puerto Rico certifying approval of a ballot choice
in a referendum held pursuant to subsection (a), the
President shall submit to Congress legislation for a
transition plan of 10 years minimum which leads to
full self-government for Puerto Rico consistent with
the terms of this Act and in full consultation with
leaders of the three branches of the Government of
Puerto Rico, the principal political parties of Puerto
Rico, and other interested persons as may be appro-
priate.
(2) 
CONGRESSIONAL
CONSIDERATION.—The
plan shall be considered by the Congress in accord-
ance with section 6.
(3) PUERTO RICAN APPROVAL.—
(A) Not later than 180 days after enact-
ment of an Act pursuant to paragraph (1) pro-
viding for the transition to full self-government
for Puerto Rico as approved in the initial deci-
sion referendum held under subsection (a), a
referendum shall be held under the applicable
provisions of Puerto Rico’s electoral law on the
question of approval of the transition plan.
(B) Approval must be by a majority of the
valid votes cast. The results of the referendum
shall be certified to the President of the United
States by the Government of Puerto Rico.
(4) EFFECTIVE DATE FOR TRANSITION PLAN.—
Upon receipt of the results of the referendum under
this subsection certifying approval of the transition
plan, the President of the United States shall issue
a proclamation announcing the effective date of the
transition plan to full self-government for Puerto
Rico.
(c) IMPLEMENTATION STAGE.—
(1) PRESIDENTIAL
RECOMMENDATION.—Not
less than two years prior to the end of the period
of the transition provided for in the transition plan
approved under subsection (b), the President shall
submit to Congress legislation with a recommenda-
tion for the implementation of full self-government
for Puerto Rico consistent with the ballot choice ap-
proved under subsection (a).
(2) 
CONGRESSIONAL
CONSIDERATION.—The
plan shall be considered by the Congress in accord-
ance with section 6.
(3) PUERTO RICAN APPROVAL.—
(A) Within 180 days after enactment of
the terms of implementation for full self-govern-
ment for Puerto Rico, a referendum shall be
held under the applicable provisions of Puerto
Rico’s electoral laws on the question of the ap-
proval of the terms of implementation for full
self-government for Puerto Rico.
(B) Approval must be by a majority of the
valid votes cast. The results of the referendum
shall be certified to the President of the United
States by the Government of Puerto Rico.
(4) EFFECTIVE DATE OF FULL SELF-GOVERN-
MENT.—The President of the United States shall
issue a proclamation announcing the date of imple-
mentation of full self-government for Puerto Rico,
upon receipt of the results of the referendum certify-
ing approval of the terms of implementation.
SEC. 5. REQUIREMENTS RELATING TO REFERENDA, IN-
CLUDING INCONCLUSIVE REFERENDUM AND
APPLICABLE LAWS.
(a) APPLICABLE LAWS.—
(1) 
REFERENDA
UNDER
PUERTO
RICAN
LAWS.—The referenda held under this Act shall be
conducted in accordance with the laws of Puerto
Rico, and voter eligibility for residents and non-
residents shall be determined by the Puerto Rico
State Election Commission.
(2) FEDERAL LAWS.—The Federal laws appli-
cable to the election of the Resident Commissioner
of Puerto Rico shall, as appropriate, also apply to
the referenda. Any reference in such Federal laws to
elections shall be considered, as appropriate, to be a
reference to the referenda, unless it would frustrate
the purposes of this Act.
(b) CERTIFICATION OF REFERENDA RESULTS.—The
results of each referendum held under this Act shall be
certified to the President of the United States and the
Senate and House of Representatives of the United States
by the Government of Puerto Rico.
(c) CONSULTATION AND RECOMMENDATIONS FOR IN-
CONCLUSIVE REFERENDUM.—
(1) IN GENERAL.—If a referendum provided in
this Act does not result in approval of a fully self-
governing status, the President, in full consultation
with leaders of the three branches of the Govern-
ment of Puerto Rico, the principal political parties
of Puerto Rico, and other interested persons as may
be appropriate, shall make recommendations to the
Congress within 180 days of receipt of the results of
the referendum.
(2) EXISTING STRUCTURE TO REMAIN IN EF-
FECT.—If the inhabitants of the territory do not
achieve full self-governance through either integra-
tion into the Union or separate sovereignty in the
form of independence or free association, Puerto
Rico will remain an unincorporated territory of the
United States, subject to the authority of Congress
under Article IV, Section 3, Clause 2 of the United
States Constitution. In that event, the existing Com-
monwealth of Puerto Rico structure for local self-
government will remain in effect, subject to such
other measures as may be adopted by Congress in
the exercise of it’s Territorial Clause powers to de-
termine the disposition of the territory and status
of it’s inhabitants.
SEC. 6. CONGRESSIONAL PROCEDURES FOR CONSIDER-
ATION OF LEGISLATION.
(a) IN GENERAL.—The Chairman of the Committee
on Energy and Natural Resources shall introduce legisla-
tion providing for the transition plan under section 4(b)
and the implementation recommendation under section
4(c), as appropriate, in the United States Senate and the
Chairman of the Committee on Resources shall introduce
such legislation in the United States House of Representa-
tives, providing adequate time for the consideration of the
legislation pursuant to the following provisions:
(1) At any time after the close of the 180th cal-
endar day beginning after the date of introduction of
such legislation, it shall be in order for any Member
of the United States House of Representatives or
the United States Senate to move to discharge any
committee of that House from further consideration
of the legislation. A motion to discharge shall be
highly privileged, and debate thereon shall be limited
to not more than two hours, to be divided equally
between those supporting and those opposing the
motion. An amendment to the motion shall not be in
order, and it shall not be in order to move to recon-
sider the vote by which the motion was agreed to or
disagreed to.
(2) At any time after the close of the 14th leg-
islative day beginning after the last committee of
that House has reported or been discharged from
further consideration of such legislation, it shall be
in order for any Member of that House to move to
proceed to the immediate consideration of the legis-
lation (such motion not being debatable), and such
motion is hereby made of high privilege. An amend-
ment to the motion shall not be in order, and it shall
not be in order to move to reconsider the vote by
which the motion was agreed to or disagreed to. For
the purposes of this paragraph, the term ‘‘legislative
day’’ means a day on which the United States
House of Representatives or the United States Sen-
ate, as appropriate, is in session.
(b) COMMITMENT OF CONGRESS.—Enactment of this
section constitutes a commitment that the United States
Congress will vote on legislation establishing appropriate
mechanisms and procedures to implement the political sta-
tus selected by the people of Puerto Rico.
(c) EXERCISE OF RULEMAKING POWER.—The provi-
sions of this section are enacted by the Congress—
(1) as an exercise of the rulemaking power of
the Senate and the House of Representatives and, as
such, shall be considered as part of the rules of each
House and shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
they relate to the procedures of that House) at any
time, in the same manner, and to the same extent
as in the case of any other rule of that House.
SEC. 7. AVAILABILITY OF FUNDS FOR THE REFERENDA.
(a) IN GENERAL.—
(1) AVAILABILITY OF AMOUNTS DERIVED FROM
TAX ON FOREIGN RUM.—During the period begin-
ning on October 1, 1996, and ending on the date the
President determines that all referenda required by
this Act have been held, the Secretary of the Treas-
ury, upon request from time to time by the Presi-
dent and in lieu of covering amounts into the treas-
ury of Puerto Rico under section 7652(e)(1) of the
Internal Revenue Code of 1986, shall make such
amounts available to the President for the purposes
specified in subsection (b).
(2) USE OF UNEXPENDED AMOUNTS.—Follow-
ing each referendum required by this Act and after
the end of the period specified in paragraph (1), the
President shall transfer all unobligated and unex-
pended amounts received by the President under
paragraph (1) to the treasury of Puerto Rico for use
in the same manner and for the same purposes as
all other amounts covered into the treasury of Puer-
to Rico under such section 7652(e)(1).
(b) GRANTS
FOR CONDUCTING REFERENDA
AND
VOTER
EDUCATION.—From amounts made available
under subsection (a)(1), the President shall make grants
to the State Elections Commission of Puerto Rico for
referenda held pursuant to the terms of this Act, as fol-
lows:
(1) 50 percent shall be available only for costs
of conducting the referenda.
(2) 50 percent shall be available only for voter
education funds for the central ruling body of the
political party or parties advocating a particular bal-
lot choice. In the case that more than one party is
advocating a ballot choice, the 50 percent shall be
apportioned equally among the parties.
(c) 
ADDITIONAL
RESOURCES.—In 
addition 
to
amounts made available by this Act, the Puerto Rico Leg-
islature may allocate additional resources for administra-
tive and voter education costs to each party so long as
the distribution of funds is consistent with the apportion-
ment requirements of subsection (b).
Æ
HR 3024 IH——2