This bill requires the Legislative Assembly of Puerto Rico to provide for a referendum in Puerto Rico in which eligible voters shall express their preference between the non-territorial options of either independence or free association.
An individual shall be eligible to vote in such referendum if that individual was born in, or has a parent who was born in, Puerto Rico.
The President shall negotiate a Treaty of Friendship and Cooperation and other bilateral agreements with the government of an independent Puerto Rico that will provide for equitable economic relations. Such treaty shall establish the details of the bilateral relations of Puerto Rico and the United States under specified guidelines with respect to citizenship, vested rights, trade, public debt and economic transition, currency, and defense.
The President shall negotiate the terms for a Compact of Free Association with the government of Puerto Rico, which shall be submitted to Congress and the people of Puerto Rico for ratification under specified agreed guidelines with respect to Puerto Rican sovereignty and self-government, the termination of the free association relationship when Puerto Rico becomes fully independent, the continuation of U.S. citizenship for citizens of Puerto Rico, and the continuation of trade relations with the United States.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 900 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 900
To recognize Puerto Rico's sovereign nationhood under either
independence or free association and to provide for a transition
process, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2017
Mr. Gutierrez introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To recognize Puerto Rico's sovereign nationhood under either
independence or free association and to provide for a transition
process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) In order to ensure the legitimate interests of Puerto
Rico and the United States, Congress should recognize Puerto
Rico as a sovereign nation.
(2) Consistent with article IV, section 3 of the
Constitution, only Congress has the power to dispose of and
make all needful rules and regulations respecting Puerto Rico.
(3) Puerto Rico's territorial condition constitutes an
unsustainable status of political subordination.
(4) Annexation of Puerto Rico as a State of the Union would
be detrimental to both Puerto Rico and the United States.
(5) A majority of the voters rejected the continuation of
territorial status in the referendum on the political status of
Puerto Rico held in Puerto Rico on November 6, 2012.
(6) The people of Puerto Rico should, through participation
in a referendum vote on the future status of Puerto Rico,
choose between independence or free association.
(7) Congress should dispose of the territory of Puerto
Rico, recognize its sovereign nationhood, and provide for an
appropriate transition process to take place under independence
or under a compact of free association with the United States,
in harmony with the results of the vote expressed by the People
of Puerto Rico in the referendum.
SEC. 2. REFERENDUM.
(a) In General.--The Legislative Assembly of Puerto Rico shall
provide for a referendum to take place in Puerto Rico, in which
eligible voters shall express their preference between the non-
territorial options of either independence or free association, as
herein provided.
(b) Eligible Voters.--An individual shall be eligible to vote in
the referendum held under this Act if that individual--
(1) was born in Puerto Rico; or
(2) has a parent who was born in Puerto Rico.
(c) Independence.--
(1) Authorization to negotiate treaty.--The President shall
negotiate a Treaty of Friendship and Cooperation and other
bilateral agreements with the government of an independent
Puerto Rico that will provide for equitable economic relations
between both nations.
(2) Treaty of friendship and cooperation.--The Treaty of
Friendship and Cooperation shall establish the details of the
bilateral relations of Puerto Rico and the United States under
the guidelines set forth below:
(A) Citizenship.--Puerto Ricans shall become
citizens of the Republic of Puerto Rico. United States
citizenship shall be guaranteed to all Puerto Rican
citizens who choose to retain their United States
citizenship after the proclamation of Puerto Rico's
independence. Those born thereafter may acquire non-
immigrant status, dual or reciprocal United States
citizenship as provided by law, or as otherwise agreed
by treaty, so that their freedom to travel to and from
the United States and to live and work there shall not
be impaired.
(B) Vested rights.--Veterans benefits, Federal
pensions, and full Social Security rights, as well as
any other vested rights and benefits under the laws of
the United States are hereby guaranteed to citizens of
Puerto Rico until the normal expiration of such
benefits; provided that all necessary agreements to
protect the rights of workers who acquire permanently
insured status during 5 years following the
proclamation of Puerto Rico's independence, but are not
yet beneficiaries under the Old-Age, Survivors, and
Disability Insurance Benefits program under title II of
the Social Security Act (42 U.S.C. 401 et seq.), shall
be established; further provided that all contributions
made by those who have not yet achieved permanently
insured status at the time of Puerto Rico's
independence shall then be transferred, with interest,
to the government of Puerto Rico, in order to assist in
the establishment of a separate system of social
insurance.
(C) Trade.--The United States shall eliminate trade
barriers with Puerto Rico, provided that limitations on
imports or exports agreed upon by both nations shall
ensure mutual benefits and assist each nation in
meeting its trade and economic development objectives.
(D) Public debt and economic transition.--As
partial indemnity for more than 118 years of political
and economic subordination, during which the total
payment of interest earnings and dividends from Puerto
Rico to United States corporations have far exceeded
net transfers of Federal assistance to both the
government and the residents of Puerto Rico, the United
States shall enter into negotiations with Puerto Rico
to restructure the outstanding debts and obligations of
the government of the Commonwealth of Puerto Rico and
its instrumentalities. Moreover, during a transition
period, an independent Puerto Rico shall receive annual
transfer block grants equal to the total amount of
grants, programs, and services currently provided by
the Federal Government in Puerto Rico, adjusted for
inflation, for a period to be negotiated to take place
immediately following the joint proclamation of Puerto
Rico's independence.
(E) Currency.--If so requested by Puerto Rico, both
nations shall make the necessary arrangements with
respect to the use of United States currency by the
Republic of Puerto Rico.
(F) Defense.--The United States and the Republic of
Puerto Rico shall enter into agreements leading to the
complete demilitarization of the Republic of Puerto
Rico, and the devolution and decontamination of any
real estate previously held by any branch of the Armed
Forces.
(d) Free Association.--
(1) Authorization to negotiate compact.--To provide a
process consonant with the laws and policies of the United
States and in accordance with principles of international law,
the President shall negotiate the terms for a Compact of Free
Association with the government of Puerto Rico which, prior to
the territory's recognition and proclamation of sovereignty,
shall establish the terms of the association.
(2) Compact of free association.--The Compact of Free
Association between the United States and Puerto Rico shall be
submitted to Congress and the People of Puerto Rico for
ratification under the agreed guidelines set forth below:
(A) Puerto rico as sovereign state.--International
legal personality of Puerto Rico as a sovereign state.
(B) Self-government.--Full self-government not
subject to the Constitution or laws of the United
States, except for those specific powers delegated to
the United States and which are subject to revocation
by Puerto Rico.
(C) Termination of free association.--The right of
Puerto Rico and of the United States to unilaterally
put an end to the relationship of free association and
Puerto Rico becoming fully independent.
(D) United states citizenship.--The continuation of
United States citizenship for the citizens of Puerto
Rico.
(E) Trade relations.--The continuation of existing
trade relations with the United States and an agreed
upon level of participation by residents of Puerto Rico
in Federal economic and social assistance programs.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Sponsor introductory remarks on measure. (CR H1248-1249)
Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.
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