[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 900 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 900
To provide for a federally sanctioned self-determination process for
the people of Puerto Rico.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2007
Mr. Serrano (for himself, Mr. Fortuno, Mr. Rahall, Mr. Young of Alaska,
Mr. Hoyer, Mr. Blunt, Mr. Waxman, Mr. Cantor, Mr. Kennedy, Mr. Putnam,
Ms. Bordallo, Mr. McCotter, Mr. Kind, Mr. Brown of South Carolina, Mr.
Kildee, Mr. Flake, Mr. Abercrombie, Mr. Renzi, Mr. Salazar, Mr. Burton
of Indiana, Mr. Wexler, Mr. Dent, Mr. Crowley, Ms. Pryce of Ohio, Mr.
Engel, Ms. Ros-Lehtinen, Mr. Wu, Mr. Poe, Mrs. Tauscher, Mr. Mario
Diaz-Balart of Florida, Ms. Jackson-Lee of Texas, Mr. Wilson of South
Carolina, Mr. Smith of Washington, Mr. Feeney, Mr. Baird, Mr. Mack,
Mrs. Maloney of New York, Mr. Kuhl of New York, Mr. Gene Green of
Texas, Mr. Keller of Florida, Mr. Mollohan, Mr. Saxton, Mr. Moran of
Virginia, Mrs. Miller of Michigan, Ms. Loretta Sanchez of California,
Mr. Thompson of Mississippi, Mr. Smith of New Jersey, Mr. Doyle, Mr.
Coble, Mr. Meehan, Mr. Weller of Illinois, Mr. Cuellar, Mr. Boustany,
Mr. Clay, Mr. McKeon, Mr. Fattah, Mr. Tom Davis of Virginia, Mr.
Jefferson, Mr. Doolittle, Mr. McGovern, Mr. Paul, Mr. McNulty, Mr.
Gerlach, Mr. Olver, Mr. Lincoln Diaz-Balart of Florida, Mr. Calvert,
Ms. Wasserman Schultz, Mrs. Blackburn, Mr. Peterson of Minnesota, Mr.
Mica, Mr. Taylor, Mr. English of Pennsylvania, Mr. Wynn, Mr. Gilchrest,
Mr. Lewis of Georgia, Mr. Pearce, Mr. Hinchey, Mr. McCaul of Texas, Mr.
Costa, Mr. Castle, Ms. Kilpatrick, Mr. Rodriguez, and Mr. Cardoza)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To provide for a federally sanctioned self-determination process for
the people of Puerto Rico.
Be it enacted by the Senate and House of Representatives 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 ``Puerto Rico
Democracy Act of 2007''.
(b) Table of Contents.--The table of contents for 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.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On November 30, 1992, President George H.W. Bush issued
a Memorandum to Heads of Executive Departments and Agencies
recognizing that ``As long as Puerto Rico is a territory ...
the will of its people regarding their political status should
be ascertained periodically by means of a general right of
referendum ...''.
(2) Consistent with this policy, on December 23, 2000,
President William J. Clinton issued Executive Order 13183,
establishing the President's Task Force on Puerto Rico's Status
for purposes that included identifying the options for the
territory's future political status ``... that are not
incompatible with the Constitution and basic laws and policies
of the United States ...'', as well as the process for
realizing such options.
(3) President George W. Bush adopted Executive Order 13183
and, on December 3, 2003, amended it to require that the
President's Task Force on Puerto Rico's Status issue a report
``... no less frequently than once every 2 years, on progress
made in the determination of Puerto Rico's ultimate status.''.
(4) On December 22, 2005, the Task Force appointed by
President George W. Bush issued a report recommending that:
(A) The Congress provide within a year for a
federally sanctioned plebiscite in which the people of
Puerto Rico would be asked to vote on whether they wish
to remain a United States territory or pursue a
constitutionally viable path toward a permanent
nonterritorial status.
(B) If the people of Puerto Rico elect to pursue a
permanent nonterritorial status, Congress should
provide for a subsequent plebiscite allowing the people
of Puerto Rico to choose between one of the two
permanent nonterritorial status options. Once a
majority of the people has selected one of the two
options, Congress is encouraged to begin a process of
transition toward that option.
(C) If the people of Puerto Rico elect to remain as
a United States territory, further plebiscites should
occur periodically, as long as a territorial status
continues, to keep Congress informed of the people's
wishes.
SEC. 3. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF-
DETERMINATION, INCLUDING INITIAL PLEBISCITE AND
SUBSEQUENT PROCEDURES.
(a) First Plebiscite Under This Act.--The Puerto Rico State
Elections Commission shall conduct a plebiscite in Puerto Rico during
the 111th Congress, but not later than December 31, 2009. The ballot
shall provide for voters to choose only between the following two
options:
(1) Puerto Rico should continue the existing form of
territorial status as defined by the Constitution, basic laws,
and policies of the United States. If you agree, mark here____.
(2) Puerto Rico should pursue a path toward a
constitutionally viable permanent nonterritorial status. If you
agree, mark here ______.
The two options set forth on the ballot shall be preceded by the
following statement: Instructions: Mark the option you choose as each
is defined below. Ballots with more than one option marked will not be
counted.
(b) Procedure if Majority in First Plebiscite Favors Continued
Territorial Status.--If a majority vote in a plebiscite held under
subsection (a) favors the continuation of the existing territorial
status, the Puerto Rico State Elections Commission shall conduct
additional plebiscites under subsection (a) at intervals of every 8
years from the date that the results of the prior plebiscite are
certified unless a majority of votes in the prior plebiscite favors
pursuing a permanent nonterritorial status.
(c) Procedure if Majority in First Plebiscite Favors Permanent
Nonterritorial Status.--If a majority vote in any plebiscite held under
subsection (a) favors permanent nonterritorial status, the Puerto Rico
State Elections Commission shall conduct a plebiscite under this
subsection. The ballot on the plebiscite under this subsection shall
provide for a vote to choose only between the following two options:
(1) Statehood: Puerto Rico should be admitted as a State of
the Union, on equal footing with the other States. If you
agree, mark here____.
(2) Sovereign nation: Puerto Rico should become a sovereign
nation, either fully independent from or in free association
with the United States under an international agreement that
preserves the right of each nation to terminate the
association. If you agree, mark here___.
The two options set forth on the ballot shall be preceded by the
following statement: Instructions: Mark the option you choose as each
is defined below. Ballots with more than one option marked will not be
counted.
(d) Period for Holding Plebiscite.--If a majority vote in the first
plebiscite under subsection (a) favors permanent nonterritorial status,
the plebiscite under subsection (c) shall be held during the 112th
Congress, but no later than December 31, 2011. If a majority vote in a
plebiscite referred to in subsection (b) favors permanent
nonterritorial status, the plebiscite under subsection (c) shall be
held not later than 2 years after the certification of the majority
vote in such plebiscite under subsection (b).
SEC. 4. APPLICABLE LAWS AND OTHER REQUIREMENTS.
(a) Applicable Laws.--All Federal laws applicable to the election
of the Resident Commissioner of Puerto Rico shall, as appropriate and
consistent with this Act, also apply to any plebiscite held pursuant to
this Act. Any reference in such Federal laws to elections shall be
considered, as appropriate, to be a reference to the plebiscites,
unless it would frustrate the purposes of this Act.
(b) Federal Court Jurisdiction.--The Federal courts of the United
States shall have exclusive jurisdiction over any legal claims or
controversies arising from the implementation of this Act.
(c) Rules and Regulations.--The Puerto Rico State Elections
Commission shall issue all rules and regulations necessary to carry out
the plebiscites under this Act.
(d) Eligibility.--Each of the following shall be eligible to vote
in any plebiscite held under this Act:
(1) All eligible voters under the electoral laws in effect
in Puerto Rico at the time the plebiscite is held.
(2) All United States citizens born in Puerto Rico who
comply, to the satisfaction of the Puerto Rico State Elections
Commission, with all Puerto Rico State Elections Commission
requirements (other than the residency requirement) applicable
to eligibility to vote in a general election.
Persons eligible to vote under this subsection shall, upon request
submitted to the Puerto Rico State Elections Commission prior to the
plebiscite concerned, be entitled to receive an absentee ballot for
such plebiscite.
(e) Certification of Plebiscite Results.--The Puerto Rico State
Elections Commission shall certify the results of each plebiscite held
under this Act to the President of the United States and the Senate and
House of Representatives of the United States.
(f) Report After Second Plebiscite.--No later than 6 months after
the plebiscite provided for in section 3(c), the President's Task Force
on Puerto Rico's Status shall submit a report to the Congress, prepared
in consultation with the Governor, the Resident Commissioner, the
President of the Senate of Puerto Rico, and the Speaker of the House of
Representatives of Puerto Rico, detailing measures that may be taken to
implement the permanent nonterritorial status option chosen in the
plebiscite together with such recommendations as the Task Force may
deem appropriate.
SEC. 5. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION PROCESS.
During the period beginning October 1, 2007, and ending on the date
the President determines that all the plebiscites required by this Act
have been held, the Secretary of the Treasury may allocate, from the
funds provided to the Government of Puerto Rico under section 7652(e)
of the Internal Revenue Code, not more than $5,000,000 to the State
Elections Commission of Puerto Rico to be used for expenses of carrying
out each plebiscite carried out under this Act, including for voter
education materials certified by the President's Task Force on Puerto
Rico's Status as not being incompatible with the Constitution and basic
laws and policies of the United States. Such amounts may be as
identified by the President's Task Force on Puerto Rico's Status as
necessary for such purposes.
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