Puerto Rico Status Referendum Act

Summary

Title I - Requires an island-wide referendum to be held in Puerto Rico in which voters will be presented a choice of three status options for Puerto Rico as follows: (1) statehood; (2) independence; or (3) commonwealth. Specifies a time period during which such referendum must occur. Provides for a runoff referendum between the two status options which received the largest number of votes if there is not a majority in favor of one of the options. Requires such referendum to include "None of the Above" as an option. Requires the Governor of Puerto Rico to certify to the President and the Congress the decision of the people which receives a majority of the votes cast, if a majority is obtained. Requires the certified option to go into effect in accordance with the appropriate title (II, III, or IV) of this Act. Title II: Statehood - Declares Puerto Rico to be a State of the United States admitted into the Union on an equal footing with the other States. Accepts the current Constitution as the constitution of the State of Puerto Rico. Provides that any lands and other properties that are set aside pursuant to law for the use of the United States shall remain the property of the United States. Gives Puerto Rico the exclusive right to possess and use all seabed, natural, and mineral resources lying within the 200-mile economic zone around the waters of Puerto Rico. Requires each Federal agency having control over such lands or property retained by the United States to report to the President and the Congress concerning the need for such land or property. Appropriates payments, in compensation for the lands held by the United States, for the sole purpose of assisting Puerto Rico in the payment of its public debt. Requires the President to certify the admission of Puerto Rico into the Union to the Governor of Puerto Rico. Provides for the election of U.S. Senators and Representatives. States that the office of Resident Commissioner shall cease to exist upon the swearing in of the first Member of the House. Provides that any legal dispute arising out of the electoral process conducted under this Act shall be adjudicated by the U.S. District Court for the District of Puerto Rico and the Appellate Federal Court System. Denies the courts of Puerto Rico jurisdiction to entertain any legal action arising out of these elections, plebiscites, and referendums. Continues in force all of the territorial laws in force at the time of Puerto Rico's admission into the Union. Provides for the continuation of civil causes of action and criminal offenses. Preserves the right of judicial review of final decisions of the U.S. District Court for the District of Puerto Rico or the Supreme Court of Puerto Rico. Reserves authority in the United States for the exercise by the Congress of the power of exclusive legislation over lands held by the United States for defense or Coast Guard purposes. States that Puerto Rico shall always have the right to serve civil or criminal process within such lands for acts committed within the State but outside such lands. Provides that no provision of this Act will operate to confer, terminate, or restore U.S. nationality. Adopts certain economic provisions to expedite the adjustment of Puerto Rico from the tax structure of the territory to the fiscal and economic system of the State. Assures Puerto Rico of its right under the Constitution to maintain both English and Spanish as its official language. Requires all proceedings and records of all U.S. Government entities operating in Puerto Rico to be conducted and kept in the English language. Prohibits Puerto Rico from ever enacting any law restricting the right of suffrage on account of race, color, previous condition of servitude, or ability to read, write, speak, and understand any language sufficiently. States that the rights, privileges, and immunities of U.S. citizens shall be respected in Puerto Rico. Title III: Independence - Subtitle 1: Statement of Purposes - Declares that it is the purpose of this title to recognize the independence of Puerto Rico as a sovereign and democratic nation. Subtitle 2: Transition Process Prior to Proclamation of Independence - Requires the Legislative Assembly of Puerto Rico to provide for the election of delegates to a Constitutional Convention to draft a Constitution for the Republic of Puerto Rico. Requires such Convention to draft a Constitution establishing a republican form of government which is required to guarantee the protection of fundamental human rights. Provides for the ratification of such Constitution. Requires the Governor to issue a proclamation calling for the election of such officers of the Republic of Puerto Rico as may be required by the Constitution. Provides for a Joint Transition Commission which shall be responsible for expediting th orderly transfer of all functions currently exercised by the United States in Puerto Rico. Removes jurisdiction over any case arising from the operation of this Act from the Supreme Court and all inferior courts between the date of the initial referendum and the proclamation of independence. Directs that any question arising from the operation of this Act be referred to the Joint Transition Commission. Subtitle 3: Proclamation of Independence - Directs the President, within one month of the certification of the elected officers, to: (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control or sovereignty then existing and exercised by the United States over Puerto Rico; and (2) recognize on behalf of the United States the independence of Puerto Rico. Subtitle 4: Effects of the Proclamation of Independence - Vests all property, rights, and interest which the United States may have acquired over Puerto Rico, with an exception, on the Republic of Puerto Rico. Withdraws the application of all U.S. laws applicable to Puerto Rico immediately prior to independence. Requires Puerto Rico to recognize all orders and judgments rendered by U.S. or Commonwealth courts prior to independence. Declares that upon the proclamation of independence, the judicial power of the United States shall no longer extend to Puerto Rico. Provides for pending proceedings. Subtitle 5: Transition Aspects Subsequent to Proclamation of Independence - Sets forth provisions with respect to: (1) citizenship and immigrant status; (2) defense matters; (3) trade relations; (4) taxation; (5) currency and finance; and (6) public debt. Continues all vested rights and benefits which accrue to residents of Puerto Rico under the laws of the United States from past services or contributions. Transfers all contributions made by certain employees and employers in Puerto Rico into the Social Security System to the Government of Puerto Rico once it establishes its own social security system. Subtitle 6: Relations Between the United States and the Republic of Puerto Rico - Requires the United States and Puerto Rico to embody all the provisions of this title which shall have effect after independence in a treaty. Title IV: Commonwealth - Subpart 1: Statement of Purposes - Sets forth the purpose of this title. Subpart 2: Referendum Proposition: Commonwealth - Sets forth the referendum proposition regarding Commonwealth in English and in Spanish. Subpart 3: Principles of Commonwealth - Repeals and replaces the territory included under the name Puerto Rico portion of the Puerto Rican Federal Relations Act to state the policy of the United States. Subpart 4: Implementation of Federal Policy - Amends the Puerto Rican Federal Relations Act to make inapplicable to Puerto Rico a Federal statutory law unless it is consistent with U.S. policy towards Puerto Rico and it has proper regard for the economic, cultural, ecological, geographic, demographic, and other local conditions of Puerto Rico. Sets forth exceptions. Allows the Governor of Puerto Rico to certify that a Federal statutory law is inconsistent. Allows Puerto Rico to continue to enter in its own name into international cultural, commercial, educational, and sports agreements. Details procedures for departments and agencies to follow with respect to rulemaking and in carrying out their duties. Subpart 5: Aviation - Amends the Federal Aviation Act to give Puerto Rico the authority to negotiate on its own behalf bilateral air transportation agreements. Directs the Federal Aviation Administration to assist and cooperate in the implementation of any such agreement. Subpart 6: Development of Tourism - Amends the Coastal Barrier Resources Act of 1982 to prohibit any area within Puerto Rico from being included within the Coastal Barrier Resources System. Subpart 7: International Trade - Authorizes Puerto Rico to impose tariff duties on imported foreign origin products. Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the President to seek the participation of Puerto Rico in the process of negotiating certain trade agreements affecting Puerto Rico and to consult with the Governor of Puerto Rico concerning the potential impact of any proposed tariff rate change on the economy of Puerto Rico. Subpart 8: Maritime - Amends the Puerto Rican Federal Relations Act to authorize Puerto Rico to establish its own maritime commission which shall exercise exclusive jurisdiction over trade between Puerto Rico and the States of the United States. Amends the Shipping Act, 1916 to redefine the term common carrier by water in interstate commerce by not including transportation by water of passengers between any entity of the United States and Puerto Rico or between places in Puerto Rico. Subpart 9: Jurisdiction Over Maritime Resources - Amends the Magnuson Fishery Conservation and Management Act to: (1) exclude Puerto Rico from the definition of the term State; and (2) redefine the term exclusive economic zone to exclude zones contiguous to the territorial sea of Puerto Rico, with a proviso. Subpart 10: Intellectual Property - Amends the Federal copyright code to set forth provisions with respect to designs of Puerto Rican origin. Subpart 11: Federal Programs - Amends the Puerto Rican Federal Relations Act to: (1) require any U.S. department or agency which administers any Act which provides for making certain grants to Puerto Rico to consolidate such grants for any fiscal year or years; and (2) state that it is the policy of the United States that the allocations to Puerto Rico of specified social programs shall achieve full parity with the States of the Union within five years of enactment of this subpart. Subpart 12: Protection of Workers - Amends the Labor Management Act to delegate exclusive jurisdiction over all cases arising under the jurisdiction of Puerto Rico to the Labor Relations Board of Puerto Rico. Amends the Puerto Rican Federal Relations Act to give Puerto Rico exclusive jurisdiction over employee benefits, other than the benefits currently covered under the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, and the Occupational Safety and Health Act. Subpart 13: Puerto Rico Participation in Federal Appointments - Requires the President to appoint the highest ranking Federal officer serving in Puerto Rico for any Federal department or agency and any other appointment in Puerto Rico requiring Senate confirmation from a list of eligible candidates recommended by the Governor of Puerto Rico. Subpart 14: Representation in U.S. Senate - Amends the Puerto Rican Federal Relations Act to set forth provisions with respect to a Resident Commissioner to the U.S. Senate. Subpart 15: Judiciary - Amends the Puerto Rican Federal Relations Act to prohibit the U.S. District Court for the District of Puerto Rico from construing an unconstrued Puerto Rico statute or regulation or deciding an undecided point of substantive Puerto Rico nonstatutory law without having given the Supreme Court of Puerto Rico the opportunity to construe such statute or regulations or to rule upon such law. Requires the proceedings of the U.S. District Court for the District of Puerto Rico to be conducted in Spanish upon the request of any party to the proceedings. Requires that any issue of law arising under such Act in any action brought in federal court be certified to the District of Columbia Court of Appeals. Authorizes Puerto Rico entities and officials to remove any action brought against them in the District Court for Puerto Rico to the District Court for the District of Columbia. Subpart 16: Passports - Gives the Governor of Puerto Rico the authority to grant, issue, and verify passports. Directs the Secretary of State to establish a Passport Office for the Caribbean in San Juan, Puerto Rico. Amends the Immigration and Nationality Act to require the Attorney General, upon the request of the Government of Puerto Rico, to waive the requirement that aliens at the time of application for admission possess a valid nonimmigrant visa or border crossing identification card or be excluded from admission into the United States, if specified conditions are met. Subpart 17: Law Enforcement - Amends the Immigration and Nationality Act to include any officer or employee of and within Puerto Rico authorized by the Governor of Puerto Rico within that section enumerating powers without warrant. Subpart 18: Historic Sites and Conservation Lands - Amends the Puerto Rican Federal Relations Act to convey to the people of Puerto Rico title to: (1) all lands, buildings, and interests in lands, and other property acquired by the United States under the cession of Spain in the treaty entered into on December 10, 1898; and (2) the lands owned by the United States and administered under the Caribbean National Forest. Subpart 19: Community Values - Amends the Puerto Rican Federal Relations Act to set forth provisions with respect to antitrust laws and the development of voluntary guidelines designed to alleviate the impact of violence, pornography. alcohol, and drugs in all audio or visual entertainment in Puerto Rico. Subpart 20: Assumption of Budgetary Responsibilities and Transfer of Federal Functions - Amends the Puerto Rican Federal Relations Act to require Puerto Rico to assume the expenses inherent in all governmental authority transferred pursuant to this Act. Authorizes the United States or any agency thereof to delegate to Puerto Rico the total or partial performance of functions vested in the United States.

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Documents

7 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Referral Instructions Senate (text)

  Referral Instructions Senate · EN

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• Reference Change Senate (text)

  Reference Change Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Reported to Senate amended, 2nd committee reporting

  summary · EN · 30 September 1990

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• Reported to Senate amended, 1st committee reporting

  summary · EN · 6 September 1989

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• Introduced in Senate

  summary · EN · 5 April 1989

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