Draft Chairman's Mark to H.R. 856

1 Strike all after the enacting clause and insert in lieu thereof the following:

2

3 SECTION 1. AUTHORIZATION OF ADVISORY REFERENDA.

4 (a) The government of Puerto Rico may, from time to time, conduct popular referenda to

5 permit the residents of Puerto Rico an opportunity to express their desire on political status. Any

6 such referendum shall be advisory only and shall be conducted among qualified voters who are

7 United States citizens and in accordance with the laws of Puerto Rico applicable to general

8 elections.

9 (b) A referendum pursuant to this Act shall provide a choice among the following three

10 ballot options -

11 (1) Commonwealth. -- Puerto Rico desires to remain in its present

12 political status exercising local self-govenment under the sovereignty of the

13 United States and subject to the provisions of the Constitution of the United States

14 applicable to it, including Article IV, Section 3, Clause 2, and federal laws made

15 applicable by Congress, including those providing for statutory United States

16 citizenship for persons born in Puerto Rico which it is the policy of the United

17 States to continue.

18 (2) Separate Sovereignty. -- Puerto Rico desires to petition the federal

19 government to undertake those actions necessary to prepare Puerto Rico for the

20 eventual -withdrawal of United States sovereignty and the establishment of a fully

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sovereign foreign nation of Puerto Rico, understanding that such a status is, as a

2 matter of United States policy, incompatible with continued United States

3 citizenship. Future relations, including trade, transit of citizens of Puerto Rico to

4 the United States, economic and other forms of assistance to provide an orderly

5 transition, and other matters will be determined on a government to government

6 basis based on the precise nature of the relationship, which could include either

7 Free Association or Independence, as mutually agreed upon and with fall and

8 sympathetic consideration of the former relationship.

9 (3) Statehood. -- Puerto Rico desires to petition the federal government to

10 undertake those actions necessary to prepare Puerto Rico for extension of those

I I provisions of the United States Constitution not presently applicable,

12 incorporation as a part of the United States, and subsequent consideration of

13 legislation providing for the admission of Puerto Rico into the Union on an equal

14 footing with other States and with citizenship as provided under the Constitution.

15 (c) The results of any referendum held under this Act shall be certified to the President of

16 the United States by the Governor of Puerto Rico.

17

18 SECTION 2. REPORT BY THE PRESIDENT.

19 (a) Within six months from the date when the results of a referendum are certified and

20 after consultation with the Governor of Puerto Rico and other interested persons, the President

21 shall submit a report on the results of the referendum to the Speaker of the House of

22 Representatives and the President of the Senate.

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1 (b) If a majority of the votes cast are for Commonwealth or if no option receives a

2 majority, the report shall indicate what actions the federal government could take to improve

3 social, educational, and economic conditions in Puerto Rico, including, but not limited to,

4 modifications to or exemptions from federal laws as may be appropriate considering the

5 objectives of the laws and the particular circumstances of Puerto Rico, consideration of economic

6 or commercial arrangements consistent with United States policy, jurisdiction, and authority, and

7 flexibility in the use of federal funds to the extent that such flexibility would further the

8 objectives of the federal programs and enhance local self-government, together with whatever

9 recommendations the President may make in other areas.

10 (c) If a majority of the votes cast are for Separate Sovereignty, the report shall include

11 proposals to prepare Puerto Rico for consideration of the withdrawal of United States

12 sovereignty, including, but not limited to, the convening of a convention in Puerto Rico to form

13 the basis for a new government and to decide on the nature of the relationship that a sovereign

14 foreign Puerto Rico desires with the United States. The report shall also include proposals to

15 limit prospective acquisition of citizenship by birth in Puerto Rico prior to the withdrawal of

16 sovereignty and for the assumption of Puerto Rico citizenship and termination of United States

17 citizenship for residents upon the withdrawal of United States sovereignty. In addition, the

18 report shall provide options to ensure that all individual vested rights under federal programs are

19 protected and to address contributions made to Social Security and other federal programs by

20 persons who reside in Puerto Rico or who would do so after the withdrawal of United States

21 sovereignty; alternatives to address continued use of and access to military bases; interim

22 measures to reform federal programs to ensure a smooth and orderly transition for Puerto Rico,

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I including, but not limited to, consideration of combining various federal assistance programs into

2 block grants, and an estimate of the time likely to be required to negotiate agreements with

3 Puerto Rico on trade, transit of citizens between the two nations, taxation, currency and finance,

4 social security and medicare, future financial and other assistance, defense, legal and judicial

5 matters, and other areas that would need to be resolved prior to any withdrawal of sovereignty

6 (d) If a majority of the votes cast are for Statehood, the report shall include specific

7 legislative proposals to amend federal laws, including, but not limited to, entitlement and

8 revenue measures, to conform to the requirements of the Constitution if all provisions of the

9 Constitution were to be fully extended to Puerto Rico. The report shall indicate what

10 adjustments will need to be made by Puerto Rico as a result of the modification of federal laws

11 and provide alternatives for coordination between the federal and local government to ensure a

12 smooth and orderly transition. The report shall also indicate whatever other actions the President

13 believes should be undertaken to prepare Puerto Rico fully for consideration of eventual

14 incorporation as a part of the United States and extension of all, provisions of the United States

15 Constitution to Puerto Rico, together with his views on whether additional referenda should be

16 conducted in Puerto Rico after all such preparations have been fully accomplished and prior to

17 the extension of any additional provisions of the United States Constitution to Puerto Rico. The

18 report shall also set forth alternatives that Congress could consider to ensure that admission of

19 Puerto Rico into the Union will not affect representation in Congress by any other State.

20 (e) Any proposals contained in a report under this section shall be consistent with the

21 provisions of the Congressional Budget and Impoundment Control Act of 1974 (P.L. 93-344, 88

22 Stat. 297), as amended.

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SECTION 3. COSTS.

2 Upon the request of the government of Puerto Rico, the President shall make available to

3 the Elections Commission of Puerto Rico from amounts otherwise covered into the Treasury of

4 Puerto Rico under section 7652(e)(1) of the Internal Revenue Code of 1986 such sums as may be

5 requested for the conduct of any referendum and such sums as may be requested, but not to

6 exceed $ 1,200,000 in any referendum, for voter education.

7 SECTION 4. SAVINGS.

8 Nothing in this Act, nor any action taken pursuant to it shall have the effect of

9 incorporating the Commonwealth of Puerto Rico into the United States nor of extending any

10 additional provisions of the United States Constitution to Puerto Rico. Neither incorporation nor

11 the extension of any additional provisions of the United States Constitution to Puerto Rico shall

12 occur other than by specific act of Congress explicitly stating such incorporation or extension.

13 Nothing in this legislation requires the government of Puerto Rico to conduct a referendum nor

14 to limit the ability of such government to conduct referenda other than as provided in this

15 legislation.

16

17 Amend the title to read as follows: To provide for advisory referenda in Puerto Rico, and for

18 other purposes.

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