article: SECTION 1. FINDINGS. Congress finds that-- (1) the United States exercises sovereignty over Puerto Rico pursuant to the Treaty of Paris proclaimed by President McKinley on April 11, 1899, Article IX of which provides that the ``civil rights and political status of the native inhabitants'' of Puerto Rico ``shall be determined by the Congress''; (2) Congress continues to carry out all Federal responsibilities with respect to Puerto Rico, including those set forth in article IX of the treaty of cession, pursuant to the territorial clause of the United States Constitution (article IV, section 3, clause 2), which provides that ``Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''; (3) in the Act of March 2, 1917 (39 stat. 951, chapter 145), Congress provided for civil administration of Puerto Rico and declared that, by virtue of that Act, the inhabitants of Puerto Rico shall be citizens of the United States, with such civil rights and political status as Congress determined to be consistent with residence in an unincorporated territory rather than a State of the Union; (4) in accordance with the Act of July 3, 1950 (64 Stat. 319, chapter 446), the people of Puerto Rico adopted a constitution in 1952 that, after amendment and approval by Congress, established the current Commonwealth structure for self-government in respect of internal affairs and local government administration, subject to the United States Constitution and Federal law applicable to Puerto Rico; and (5) the United States, consistent with its constitutional process, is committed to respecting the principle of self- determination as part of any procedure to resolve the political status of Puerto Rico. SEC. 2. REFERENDA. (a) Policy of the United States.--(1) In general.--It is the policy of the United States that the residents of Puerto Rico periodically should be afforded an opportunity freely to express their wishes regarding their political status.-- (2) Options.--The self-determination process for Puerto Rico should be one that enables the people of Puerto Rico to preserve their current political status if that is their preference, or to choose to seek, in accordance with a process approved by Congress and the residents of Puerto Rico-- (A) admission as a State of the Union on the basis of full equality; or (B) withdrawal of United States sovereignty in favor of independence or free association. (b) Requirements.--A referendum under this Act-- (1) shall be conducted among persons in Puerto Rico who meet the residency, United States citizenship, and other requirements of applicable law governing voter eligibility in Puerto Rico; (2) shall otherwise be in accordance with applicable provisions of the elections law of Puerto Rico and other relevant local and Federal law consistent with this Act; and (3) shall be decided by a majority of the votes cast. (c) Referendum by the End of 1998.-- (1) In general.--A referendum under this Act shall be conducted not later than December 31, 1998. (2) Format.-- (A) Part one of the ballot.--In the referendum under paragraph (1), the option of continuing the current Commonwealth arrangements and Puerto Rico's current political status, or, alternatively, entering on a process leading to permanent full self-government through separate sovereignty or statehood, shall be presented in Part One of the ballot as Options A and B, as follows: ``part one ``Option A.--COMMONWEALTH: The residents of Puerto Rico desire to continue the current Commonwealth structure for self- government with respect to internal affairs and administration under a local constitution, subject to the provisions of the Constitution and laws of the United States that apply to Puerto Rico. Puerto Rico will remain an unincorporated territory of the United States, and application of Federal law and provisions of the Constitution to Puerto Rico remains within the discretion of Congress. The future status of Puerto Rico will be determined through a process authorized by Congress that includes self-determination by the residents of Puerto Rico in periodic referenda. ``Option B.--PATH TO SEPARATE SOVEREIGNTY OR STATEHOOD: The residents of Puerto Rico desire to enter on a process for Congress and the residents of Puerto Rico to define and approve in a later vote a transition to permanent full self-government through either separate sovereignty or statehood as set forth in Part Two of this ballot.''. (B) Part two of the ballot.--Part Two of the ballot shall present voters with a choice between 2 options for ending the current territorial status in favor of separate sovereignty, in the form of independence, or free association as may be agreed, according to international law and definitions compatible with the constitutional process and practices of the United States, or, alternatively, full integration into the United States constitutional system on the basis of equality. The definitions of separate sovereignty and full integration leading to statehood shall appear in Part Two of the ballot as Options A and B, as follows: ``Option A.--SEPARATE SOVEREIGNTY: The residents of Puerto Rico desire to be a separate sovereign nation that exercises all the powers of government with respect to its territory and population, with full authority and responsibility for its internal and external affairs, through independence (or free association as may be agreed). Puerto Rico will become fully self-governing under its own constitution establishing a republican form of government, which shall be the supreme law. The United States Constitution and laws shall no longer apply, and the sovereignty, nationality, and citizenship of the United States in Puerto Rico shall terminate based on approval of separate sovereignty by Congress and the residents of Puerto Rico. Birth in Puerto Rico or relationship to a person who acquired United States citizenship by statute due to birth in Puerto Rico during the territorial period no longer will confer United States citizenship, but such persons shall have a right to retain statutory United States citizenship for life based on continued allegiance to the United States and election or designation as prescribed by Congress consistent with the transition to separate sovereignty and succession of nationality. ``Option B.--STATEHOOD: The residents of Puerto Rico desire admission of Puerto Rico as a State of the Union. Through statehood residents of Puerto Rico will have a status and rights secured under the United States Constitution, which will be the supreme law of the land with the same force and effect as in the other States of the Union. The sovereign State of Puerto Rico will be in permanent union with the United States, and powers not delegated to the Federal Government or prohibited to the States by the United States Constitution shall be reserved to the people of Puerto Rico or the State Government. The United States nationality and citizenship of persons born in Puerto Rico will be guaranteed in the same way it is for all United States citizens born in other States of the Union. United States citizens in Puerto Rico will have full and equal rights and duties of United States citizenship, including voting rights in elections for President and Vice President, as well as representation by 2 members in the United States Senate and proportionally on the basis of population in the House of Representatives.''. (3) Instructions to voters.-- (A) Part one.--The instructions to voters for Part One of the ballot in a referendum under this subsection shall state that a voter may select Option A or Option B by marking either option, but that ballots with both options marked in Part One will not be counted. (B) Part two.--The instructions to voters for Part Two of the ballot in such a referendum shall state that a voter may vote on Part Two regardless of how the voter voted on Part One, or even if they did not vote on Part One. The instructions to voters on Part Two shall also state that Part Two is to determine the preference of voters as between the options for seeking separate sovereignty or statehood in case a majority of the voters voting on Part One approve that course as set forth in Option B on Part One of the ballot. The voters shall be instructed to approve Option A or Option B in Part Two by marking either, but that ballots with both options marked in Part Two will not be counted. (4) Validity of either part.--On any ballot cast in a referendum under this subsection either Part One or Part Two shall be counted if properly cast, even if the other part of the ballot is not counted due to the manner in which the other part has been cast. SEC. 3. IMPLEMENTATION. (a) Selection of Current Status or Rejection of Transition.--If a majority of the voters approve continuation of the current unincorporated status and the present `Commonwealth' structure for local self-government, or on rejection of a transition plan, unless otherwise provided by Congress, referenda on the future political status of Puerto Rico shall be held in accordance with this Act every 4 years thereafter, but not within 270 calendar days of a general election, in order to ensure that the right of the people of Puerto Rico to self-determination is respected, and that the people periodically are afforded the opportunity freely to express their wishes with respect to resolution of Puerto Rico's status based on permanent full self-government. (b) Selection of Statehood.--If statehood is selected, the President, not later than 180 days after the referendum, shall transmit to the Congress legislation providing for the admission of Puerto Rico as a State of the Union in accordance with a transition plan that includes procedures for approval of the terms of admission and implementation thereof by a majority vote of the residents of Puerto Rico. (c) Selection of Separate Sovereignty.--If separate sovereignty is selected, the President, not later than 180 days after the referendum, shall transmit to the Congress legislation to providing a plan for the transition to an international sovereign-to-sovereign relationship governed by a treaty or international agreement (including measures to cease conferral of United States citizenship on persons born in Puerto Rico), and such legislation shall include procedures for approval of the transition to separate sovereignty by a majority vote of the residents of Puerto Rico.
summary: Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-determination either through preserving its current political status, U.S. statehood, or separate sovereignty (independence or free association). Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation.