Puerto Rico Status Referendum Act

Puerto Rico Status Referendum Act - 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 Attorney General to provide for adequate monitoring of the referendum by U.S. marshals.

Authorizes any aggrieved person to institute an action to challenge the choice certified by the Governor. Gives a three-judge court exclusive jurisdiction over all such claims. Provides that an appeal from a final judgment of such court will be to the U.S. Supreme Court by way of certiorari.

Requires the certified option to go into effect on October 1, 1991, in accordance with the appropriate title (II, III, or IV) of this Act.

Directs the President to appoint a Referendum Information Officer to be responsible for the translation and distribution of information and educational materials on the referendum. Authorizes appropriations.

Title II: Statehood - Declares Puerto Rico to be a State of the United States admitted in 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. Requires each Federal agency having control over such lands or property retained by the United States to report to the President and the Congress on the continued need for such land or property.

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. Increases the permanent membership of the House of Representatives to account for the additional Representatives from Puerto Rico.

Continues in force all of the local laws in force at the the time of Puerto Rico's admission into the Union. States that all of the laws of the United States shall have the same force and effect within Puerto Rico as on the date immediately prior to the date of admission, with enumerated exceptions.

Directs the President to appoint a Commission on Federal Laws to survey U.S. laws and to make recommendations to the Congress as to which laws should apply to Puerto Rico. Requires the Commission to report to the Congress on such recommendations. Authorizes appropriations.

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 title will operate to confer, terminate, or restore U.S. nationality.

Title III: Independence - Requires the Legislative Assembly of Puerto Rico to provide for the election of delegates to a Constitutional Convention to serve until the proclamation of independence and 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 adjustment of U.S. property rights and for ratification of the 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 the orderly transfer of all functions currently exercised by the United States in Puerto Rico. Requires that the costs of the Transition Commission be evenly divided between the United States and Puerto Rico. Authorizes appropriations for the U.S. share of such costs. Directs U.S. agencies to provide technical assistance to the Commission on a reimbursable basis.

Directs that any action arising from title filed in U.S. Court be stayed and referred to the Joint Transition Commission for resolution.

Directs the President, within one month of the certification of the elected officers and approval of specified agreements, 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.

Vests all property, rights, and interests which the United States may have acquired over Puerto Rico, with an exception, in 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 judgements 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 .

Deems the Government of the Republic of Puerto Rico the successor to the Government of the Commonwealth of Puerto. Directs the President to notify the governments with which the United States is in diplomatic correspondence, the United Nations, and the Organization of American State that: (1) the United States has recognized the independence of Puerto Rico; and (2) all obligations and responsibilities of the U.S. Government which arise from any valid international instruments affecting Puerto Rico shall cease.

Provides that all matters pertaining to Puerto Rican citizenship shall be regulated pursuant to the Constitution and laws of the Republic. States that upon the certification of the referendum under this Act, Puerto Rico shall no longer be deemed to be a part of the United States for the purposes of acquiring U.S. citizenship by place of birth. States that no person born outside of the United States after the Proclamation of Independence shall be a U.S. citizen at birth if the parents of such person acquired U.S. citizenship solely by virtue of being born in Puerto Rico prior to the Proclamation. Authorizes certain non-U.S. citizens to enter into, lawfully engage in occupations, and establish residence as immigrants in the United States.

Requires that specific arrangements for the use of military areas by the United States in Puerto Rico be negotiated by a task force established by the Joint Transition Commission. Requires such arrangements to come into effect simultaneously with the proclamation of independence.

Continues all Federal programs in Puerto Rico until the end of the fiscal year in which independence is proclaimed. Requires that specific arrangements for the continuation or phaseout of Federal programs be negotiated by a Task Force on Economic Assistance established by the Joint Transition Commission. Requires such arrangements to come into effect simultaneously with the proclamation of independence.

Directs the Joint Transition Commission to: (1) establish a Task Force on Social Security to protect the rights of workers who have permanently insured status under the Old Age, Survivors and Disability Insurance (OASDI) programs under title II of the Social Security Act, as of five years subsequent to the certification of the referendum; and (2) negotiate agreements necessary for the coordination of the U.S. social security system with a similar system to be established in the new Republic

Requires the Joint Transition Commission to establish a Task Force on Medicare to negotiate agreements for the coordination of the U.S. Medicare system with a similar system to be established in the Republic.

Directs the Commission to establish a Task Force on Currency and Finance to negotiate an agreement to: (1) assist Puerto Rico in the design and establishment of a deposit insurance system; (2) determine the extent of financial support to be provided for the system by U.S. insurance organizations in which Puerto Rico's financial institutions currently participate; and (3) make the necessary arrangements with respect to the use of U.S. currency by Puerto Rico if requested by Puerto Rico. Maintains until maturity the guarantees provided by the U.S. Government to investors in the secondary market for existing loans which originated in Puerto Rico.

Requires the Republic of Puerto Rico to assume the outstanding debts, liabilities, and obligations of the Commonwealth of Puerto Rico and its municipalities and instrumentalities.

Title IV: Commonwealth - Makes this title effective October 1, 1991, should Commonwealth be certified as having obtained a majority of the votes cast in the referendum.

States that Puerto Rico is a self-governing body politic joined in political relationship with the United States and is under U.S. sovereignty. Makes this relationship permanent unless revoked by mutual consent.

Allows the Governor of Puerto Rico to certify that the Puerto Rico legislature has adopted a resolution that states that a Federal law should no longer apply to Puerto Rico because there is no overriding national interest in having such law apply to Puerto Rico. Provides that a Federal law so certified shall no longer apply to Puerto Rico if a joint resolution approving the recommendation of the Puerto Rican Government is enacted. Sets out procedures for consideration of such joint resolution.

Authorizes the Governor of Puerto Rico to enter into international agreements to promote the international interests of Puerto Rico as authorized by the President. Details procedures for agencies to follow with respect to rulemaking and in carrying out their duties. Provides for judicial review of such rulemaking decisions.

Directs the officials of the Departments of State and Transportation to seek the advice of appropriate officials of Puerto Rico when negotiating any air transportation agreements which would affect air traffic to or from Puerto Rico.

Adds Puerto Rico to the congressional declaration of policy respecting "Insular Areas."

Requires the heads of Federal agencies to consult with the Governor of Puerto Rico as to whether there are special circumstances or qualifications which should be considered in making appointments to specified positions. Requires the President, prior to nominating any person to serve in Puerto Rico whose appointment requires the advice and consent of the Senate, to consult with the Governor as to whether such circumstances or qualifications should be considered in deciding on a nomination. Makes consultation requirements inapplicable with respect to the U.S. armed forces, Coast Guard, and law enforcement agency positions.

Establishes the Office of Senate Liaison for the Commonwealth of Puerto Rico. States that the purpose of such Office shall be to facilitate the exchange of information between the Senate and the Puerto Rican Government. Authorizes appropriations for such Office.

Directs the Secretary of State to establish a Passport Office for the Caribbean in San Juan, Puerto Rico. Directs the Secretary and the Attorney General to consult with Puerto Rico's Governor to determine what administrative actions can be taken to expedite the processing of visas. Requires the Secretary and Attorney General to report to the Congress on such consultations by March 15, 1990.

Sets forth provisions with respect to antitrust laws and the development of voluntary guidelines designed to alleviate the negative impact of violence, sexually explicit material, and illegal drug use in telecast material and to promote local programming in Puerto Rico. Directs the President to report to the Congress on eight specified Federal properties. Requires such report to include an assessment of: (1) the Federal need for each property; (2) the costs and/or benefits of disposal of each property; and (3) the comments of the Puerto Rican Government regarding each property. States that unless the President finds that there is a national interest which requires continued Federal ownership, he should transfer such properties to Puerto Rico.

Establishes the San Juan National Historic Site Advisory Commission. Requires the Commission to regularly advise the Secretary of the Interior on the operation, management, and administration of the San Juan National Historic Site. Waives the renewal provision of the Federal Advisory Committee Act with respect to the Commission. Requires the Commission to report annually to the Secretary and specified congressional committees.