[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8393 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8393
_______________________________________________________________________
AN ACT
To enable the people of Puerto Rico to choose a permanent,
nonterritorial, fully self-governing political status for Puerto Rico
and to provide for a transition to and the implementation of that
permanent, nonterritorial, fully self-governing political status, 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. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Status Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
Sec. 5. Plebiscite.
Sec. 6. Nonpartisan voter education campaign.
Sec. 7. Oversight.
Sec. 8. Funds for voter education; plebiscites.
Sec. 9. Bilingual voter educational materials and ballots.
Sec. 10. Puerto Rico Oversight, Management, and Economic Stability Act.
Sec. 11. Severability.
TITLE I--TRANSITION AND IMPLEMENTATION -- INDEPENDENCE
Sec. 101. Constitutional convention.
Sec. 102. Character of the constitution.
Sec. 103. Submission; ratification.
Sec. 104. Election of officers.
Sec. 105. Conforming amendments to existing law.
Sec. 106. Joint Transition Commission.
Sec. 107. Proclamations by President of the United States; Head of
State of Puerto Rico.
Sec. 108. Legal and constitutional provisions.
Sec. 109. Judicial pronouncements.
Sec. 110. Citizenship and immigration laws after Puerto Rican
independence.
Sec. 111. Individual rights to economic benefits and grants.
TITLE II--TRANSITION AND IMPLEMENTATION -- SOVEREIGNTY IN FREE
ASSOCIATION WITH THE UNITED STATES
Sec. 201. Constitutional convention.
Sec. 202. Character of the constitution.
Sec. 203. Submission; ratification.
Sec. 204. Election of officers.
Sec. 205. Proclamations by President of the United States; Head of
State of Puerto Rico.
Sec. 206. Legal and constitutional provisions.
Sec. 207. Judicial pronouncements.
Sec. 208. Citizenship and immigration laws after sovereignty through
free association.
Sec. 209. Conforming amendments to existing law.
Sec. 210. Bilateral Negotiating Commission.
Sec. 211. Articles of Free Association approval and effective date.
Sec. 212. Termination.
Sec. 213. Individual rights to economic benefits and grants.
TITLE III--TRANSITION AND IMPLEMENTATION -- STATEHOOD
Sec. 301. Presidential proclamation; Admission into the Union.
Sec. 302. Conforming amendments to existing law.
Sec. 303. Territory and boundaries.
Sec. 304. Constitution.
Sec. 305. Elections of Senators and Representatives, certification, and
legal disputes.
Sec. 306. State title to land and property.
Sec. 307. Continuity of laws, government, and obligations.
Sec. 308. Judicial pronouncements.
SEC. 3. FINDINGS.
In recognition of the inherent limitations of Puerto Rico's
territorial status, and the responsibility of the Federal Government to
enable the people of the territory to freely express their wishes
regarding political status and achieve full self-government, Congress
seeks to enable the eligible voters of Puerto Rico to choose a
permanent, non-territorial, fully self-governing political status for
Puerto Rico and to provide for a transition to and the implementation
of said permanent, nonterritorial, fully self-governing status.
SEC. 4. DEFINITIONS.
In this Act:
(1) Bilateral negotiating commission.--The term ``Bilateral
Negotiating Commission'' means the Bilateral Negotiating
Commission established under section 209(a).
(2) Elections commission.--The term ``Elections
Commission'' means the Puerto Rico State Elections Commission
(Comision Estatal de Elecciones de Puerto Rico, in Spanish).
(3) Eligible voters.--The term ``eligible voters'' means
bona fide residents of Puerto Rico who are otherwise qualified
to vote in general elections in Puerto Rico.
(4) Initial plebiscite.--The term ``initial plebiscite''
means the plebiscite required by section 5(a)(1).
(5) Majority.--The term ``majority'' means more than 50
percent.
(6) Runoff plebiscite.--The term ``runoff plebiscite''
means the plebiscite required by section 5(a)(4).
SEC. 5. PLEBISCITE.
(a) In General.--
(1) Initial plebiscite.--A plebiscite to resolve Puerto
Rico's political status shall be held on November 5, 2023.
(2) Options.--The plebiscite held under paragraph (1) shall
offer eligible voters a choice of one of the three options
which shall be presented on the ballot as follows:
(A) Independence.
(B) Sovereignty in Free Association with the United
States.
(C) Statehood.
(3) Majority vote required.--Approval of a status option
must be by a majority of the valid votes cast.
(4) Runoff plebiscite.--If there is not a majority in favor
of one of the three options defined in this Act, then a runoff
plebiscite shall be held on March 3, 2024, which shall offer
eligible voters a choice of the two options that received the
most votes in the plebiscite held under paragraph (1).
(b) Ballot Language.--A ballot for a plebiscite required by
subsection (a) shall include the following language, except that the
ballot for the runoff plebiscite shall omit the option that received
the fewest votes in the initial plebiscite:
(1) Instructions.--Mark the status option you choose as
each is defined below. A ballot with more than 1 option marked
will not be counted. A ballot with no option marked will not be
counted.
(2) Independence.--If you agree, mark here ____.
(A) Puerto Rico is a sovereign nation that has full
authority and responsibility over its territory and
population under a constitution of its own adoption
which shall be the supreme law of the nation.
(B) Puerto Rico is vested with full powers and
responsibilities consistent with the rights and
responsibilities that devolve upon a sovereign nation
under international law, including its own fiscal and
monetary policy, immigration, trade, and the conduct in
its own name and right of relations with other nations
and international organizations.
(C) Puerto Rico has full authority and
responsibility over its citizenship and immigration
laws, and birth in Puerto Rico or relationship to
persons with statutory United States citizenship by
birth in the former territory shall cease to be a basis
for United States nationality or citizenship, except
that persons who have such United States citizenship
have a right to retain United States nationality and
citizenship for life, by entitlement or election as
provided by Federal law.
(D) Puerto Rico will no longer be a possession of
the United States for purposes of the Internal Revenue
Code. In general, United States citizens and United
States businesses in the nation of Puerto Rico will be
subject to United States Federal tax laws (as is the
case with any other United States citizen or United
States business abroad) and to Puerto Rican tax laws.
Puerto Rico's status as an independent, sovereign
nation will be the controlling factor in the taxation
of Puerto Rican taxpayers.
(E) The Constitution and laws of the United States
no longer apply in Puerto Rico and United States
sovereignty in Puerto Rico is ended.
(3) Sovereignty in free association with the united
states.--If you agree, mark here ___.
(A) Puerto Rico is a sovereign nation that has full
authority and responsibility over its territory and
population under a constitution of its own adoption
which shall be the supreme law of the nation.
(B) Puerto Rico is vested with full powers and
responsibilities consistent with the rights and
responsibilities that devolve upon a sovereign nation
under international law, including its own fiscal and
monetary policy, immigration, trade, and the conduct in
its own name and right of relations with other nations
and international organizations, except as otherwise
provided for in the Articles of Free Association to be
negotiated by Puerto Rico and the United States.
(C) Puerto Rico has full authority and
responsibility over its citizenship and immigration
laws, and persons who have United States citizenship
have a right to retain United States nationality and
citizenship for life by entitlement or election as
provided by Federal law.
(D) Birth in Puerto Rico shall cease to be a basis
for United States nationality or citizenship.
Individuals born in Puerto Rico to at least one parent
who is a citizen of the United States shall be United
States citizens at birth, consistent with the
immigration laws of the United States, for the duration
of the first agreement of the Articles of Free
Association.
(E) Puerto Rico enters into Articles of Free
Association with the United States, with such
devolution and reservation of governmental functions
and other bilateral arrangements as may be agreed to by
both Parties under the Articles, which shall be
terminable at will by either the United States or
Puerto Rico at any time.
(F) Puerto Rico will no longer be a possession of
the United States for purposes of the Internal Revenue
Code. In general, United States citizens and United
States businesses in the nation of Puerto Rico will be
subject to United States Federal tax laws (as is the
case with any other United States citizen or United
States business abroad) and to Puerto Rican tax laws.
Puerto Rico's status as an independent, sovereign
nation will be the controlling factor in the taxation
of Puerto Rican taxpayers. In addition, Puerto Rico
will enter into an agreement with the United States to
provide for ``Sovereignty in Free Association'' between
the two nations. This agreement may modify the
otherwise applicable tax rules, subject to negotiation
and ratification by the two nations.
(G) The Constitution of the United States no longer
applies in Puerto Rico, the laws of the United States
no longer apply in Puerto Rico except as otherwise
provided in the Articles of Free Association, and
United States sovereignty in Puerto Rico is ended.
(H) All matters pertaining to the government-to-
government relationship between Puerto Rico and the
United States, which may include foreign affairs,
trade, finance, taxation, currency, economic
assistance, security and defense, dispute resolution
and termination, shall be provided for in the Articles
of Free Association.
(4) Statehood.--If you agree, mark here ____.
(A) The State of Puerto Rico is admitted into the
Union on an equal footing with the other States in all
respects whatever and is a part of the permanent union
of the United States of America, subject to the United
States Constitution, with powers not prohibited by the
Constitution to the States and reserved to the State of
Puerto Rico or to its residents.
(B) The residents of Puerto Rico are fully self-
governing with their rights secured under the United
States Constitution, which shall be fully applicable in
Puerto Rico and which, with the laws and treaties of
the United States, is the supreme law and has the same
force and effect in Puerto Rico as in the other States
of the Union.
(C) United States citizenship of those born in
Puerto Rico is recognized, protected, and secured under
the United States Constitution in the same way such
citizenship is for all United States citizens born in
the other States.
(D) Puerto Rico will no longer be a possession of
the United States for purposes of the Internal Revenue
Code. Instead, the State of Puerto Rico will become a
State on equal footing with each of the current 50
States in the United States of America. Individuals and
businesses resident in the State of Puerto Rico will be
subject to United States Federal tax laws as well as
applicable State tax laws.
(c) Implementation of Plebiscite.--The plebiscites authorized by
this section shall be implemented by the Elections Commission,
consistent with the laws of Puerto Rico and Federal law.
(d) Results.--The Elections Commission shall inform the President
of the United States, the President pro tempore of the United States
Senate, the Speaker of the United States House of Representatives, the
Senate Committee on Energy and Natural Resources, and the House
Committee on Natural Resources of--
(1) the results of the initial plebiscite not later than 30
calendar days after the initial plebiscite is held; and
(2) the results of the runoff plebiscite, if held, not
later than 30 calendar days after the runoff plebiscite is
held.
(e) Jurisdiction of District Court.--The United States District
Court for the District of Puerto Rico shall have original and exclusive
jurisdiction of any civil action alleging a dispute or controversy
pertaining to electoral processes conducted under this section.
SEC. 6. NONPARTISAN VOTER EDUCATION CAMPAIGN.
(a) In General.--The Elections Commission shall carry out a
nonpartisan voter education campaign through traditional paid media and
make available at all voting locations voter education materials
related to the plebiscites authorized under this Act consistent with
Department of Justice approval under section 7.
(b) Voter Education Materials.--At a minimum, the voter education
materials shall address for each option--
(1) international representation;
(2) citizenship and immigration; and
(3) access and treatment under Federal law and programs.
SEC. 7. OVERSIGHT.
(a) Submission of Materials.--Not later than 60 days after the date
of the enactment of this Act, the Elections Commission shall submit the
ballot design and voter education materials for the plebiscites
authorized under this Act to the United States Attorney General for
review and the Elections Commission shall make not more than one
submission of the ballot design and voter education materials to the
Attorney General for review.
(b) Effect of Failure To Comply.--If the Attorney General fails to
comply with subsection (c) within the 45-day period, the ballot design
and voter education materials shall be considered approved.
(c) Review.--Not later than 45 days after receiving the ballot
design and voter education materials under subsection (a), the Attorney
General shall review the ballot design and voter education materials to
ensure consistency with this Act and to ensure that the three options
defined in this Act are represented fairly, especially in the event
that any of the three options are not represented on the Elections
Commission by a member of a political party that supports such option,
and--
(1) return the materials to the Elections Commission with
comments and instructions for changes; or
(2) before the expiration of the 45-day period, inform the
Elections Commission that no instructions or requests for
changes shall be made under paragraph (1), but that the
Attorney General reserves the right to submit instructions for
changes in accordance with this section if additional
information comes to the attention of the Attorney General
during the remainder of the 45-day period.
(d) Revision.--Not later than 45 days after receiving comments and
instructions for changes from the Attorney General under subsection
(c), the Elections Commission shall revise the ballot design and voter
education materials as requested by the Attorney General.
(e) Election Observers.--The Elections Commission shall invite
national and international election observers to ensure transparency
and confidence in the electoral process. Observers shall be present
during the initial plebiscite vote and during the runoff plebiscite
vote.
SEC. 8. FUNDS FOR VOTER EDUCATION; PLEBISCITES.
(a) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary for the Elections Commission to
carry out a nonpartisan voter education campaign and an initial
plebiscite and, if necessary, a runoff plebiscite under this Act.
(b) Existing Funds.--Notwithstanding any provision of Public Law
113-76, funds made available under such Act to carry out a plebiscite
on Puerto Rico's status shall be made available to carry out this Act.
SEC. 9. BILINGUAL VOTER EDUCATIONAL MATERIALS AND BALLOTS.
All voter educational materials and ballots used to carry out this
Act shall be made available in English and Spanish.
SEC. 10. PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY ACT.
Upon the admission of the State of Puerto Rico into the Union or on
the date that the Government of the nation of Puerto Rico initially
takes office:
(1) In general.--The Puerto Rico Oversight, Management, and
Economic Stability Act (48 U.S.C. 2101 et seq.) shall no longer
apply to the State of Puerto Rico or the nation of Puerto Rico,
as the case may be.
(2) Oversight board.--The Financial Oversight and
Management Board for Puerto Rico established under section
101(b)(1) of the Puerto Rico Oversight, Management, and
Economic Stability Act (48 U.S.C. 2121(b)(1)) is terminated and
all duties and responsibilities assigned to the Oversight Board
shall return to the State of Puerto Rico or the nation of
Puerto Rico, as the case may be.
(3) Transfer.--All funds, property, and assets of the board
described in subparagraph (B) shall be transferred to the State
of Puerto Rico or the nation of Puerto Rico, as the case may
be.
SEC. 11. SEVERABILITY.
If any provision of this Act, or any section, subsection, sentence,
clause, phrase, or individual word, or the application thereof to any
person or circumstance is held invalid by a court of jurisdiction, the
validity of the remainder of the Act and of the application of any such
provision, section, subsection, sentence, clause, phrase, or individual
word to other persons and circumstances shall not be affected thereby.
TITLE I--TRANSITION AND IMPLEMENTATION -- INDEPENDENCE
SEC. 101. CONSTITUTIONAL CONVENTION.
(a) Election of Delegates.--Not later than 6 months after the
effective date of certification of a plebiscite result under this Act
in favor of independence, the legislature of Puerto Rico shall provide
for the election of delegates to a constitutional Convention to
formulate and draft a Constitution for the nation of Puerto Rico.
(b) Eligible Voters.--All eligible voters may vote in the election
of delegates to the constitutional Convention.
(c) General Applicability of Electoral Law.--The laws of the
territory of Puerto Rico relating to the electoral process shall apply
to a special election held under this Act.
(d) Initial Meeting.--Not later than 3 months after the election of
delegates to the constitutional Convention, the elected delegates shall
meet at such time and place as the legislature of Puerto Rico shall
determine. The initial meeting shall constitute the establishment of
the constitutional Convention.
SEC. 102. CHARACTER OF THE CONSTITUTION.
The constitutional Convention under section 101 shall formulate and
draft a Constitution for Puerto Rico that guarantees the protection of
fundamental human rights, including--
(1) due process and equal protection under the law;
(2) freedom of speech, press, assembly, association, and
religion;
(3) the rights of the accused;
(4) any other economic, social, and cultural rights as the
constitutional Convention may deem appropriate and necessary;
and
(5) provisions to ensure that no individual born in the
nation of Puerto Rico shall be stateless at birth.
SEC. 103. SUBMISSION; RATIFICATION.
(a) Submission.--Not later than one year after the establishment of
the constitutional Convention, the Constitution formulated and drafted
by the constitutional Convention shall be submitted to the eligible
voters of Puerto Rico for ratification or rejection in a special
election.
(b) Manner of Election.--The special election held under this
subsection shall be held in the manner prescribed by the legislature of
Puerto Rico.
SEC. 104. ELECTION OF OFFICERS.
(a) In General.--Not later than one month after the ratification of
the Constitution under section 103, the Governor of the territory of
Puerto Rico shall issue a proclamation calling for the election of such
officers of the nation of Puerto Rico as may be required by the
ratified Constitution.
(b) Rejection.--If the special election results in rejection of the
Constitution, the process provided for in sections 101 through 103
shall be repeated, except that section 101(a) shall be applied by
substituting--
(1) ``the special election'' for ``a plebiscite''; and
(2) ``rejecting of the Constitution'' for ``in favor of
independence''.
(c) Deadline; Procedures.--The election under subsection (a) shall
be held--
(1) not later than 6 months after the date of ratification
of the Constitution; and
(2) in accordance with the procedures and requirements
established in the Constitution of the nation of Puerto Rico.
(d) Certification of Results.--Not later than 10 days after the
election of officers under subsection (a), the Elections Commission
shall certify the results of the election. The Governor of the
territory of Puerto Rico shall inform the results of the election to
the President of the United States, the President pro tempore of the
United States Senate, the Speaker of the United States House of
Representatives, the Committee on Energy and Natural Resources of the
Senate, and the Committee on Natural Resources of the House of
Representatives.
SEC. 105. CONFORMING AMENDMENTS TO EXISTING LAW.
(a) Review.--Not later than 30 days after the initial meeting of a
constitutional Convention under section 101(d), the President shall
initiate a review of Federal law with respect to Puerto Rico, including
those regarding--
(1) taxation of persons and businesses;
(2) health care;
(3) housing;
(4) transportation;
(5) education; and
(6) entitlement programs.
(b) Recommendations.--Not later than one year after the date on
which the President initiates a review under subsection (a), the
President shall submit recommendations to Congress for changes to
Federal law identified during such review, as the President deems
appropriate.
SEC. 106. JOINT TRANSITION COMMISSION.
(a) Appointment.--Not later than 3 months after the establishment
of a constitutional Convention under section 101(d), a Joint Transition
Commission shall be appointed in equal numbers by the President of the
United States and the presiding officer of the Constitutional
Convention of Puerto Rico.
(b) Duties.--The Joint Transition Commission shall be responsible
for expediting the orderly transfer of all functions currently
exercised by the Federal Government in Puerto Rico, or in relation to
Puerto Rico to the nation of Puerto Rico, and shall recommend to
Congress any appropriate legislation to carry out such transfer.
(c) Collaboration.--The Government of the territory of Puerto Rico
and the agencies of the Government of the United States shall
collaborate with the Joint Transition Commission and subsequently the
officers of the nation of Puerto Rico, to provide for the orderly
transfer of the functions under subsection (b).
SEC. 107. PROCLAMATIONS BY PRESIDENT OF THE UNITED STATES; HEAD OF
STATE OF PUERTO RICO.
(a) Proclamation.--Not later than one month after the official
certification of the elected officers of the nation of Puerto Rico
under section 104(d), the President of the United States shall by
proclamation--
(1) withdraw and surrender all rights of possession,
supervision, jurisdiction, control, or sovereignty then
existing and exercised by the United States over the territory
and residents of Puerto Rico;
(2) recognize, on behalf of the United States of America,
the independence of the nation of Puerto Rico and the authority
of the government instituted by eligible voters of Puerto Rico
under the Constitution of their own adoption; and
(3) state that the effective date of withdrawal of the
sovereignty of the United States and recognition of
independence shall be the same as the date of the proclamation.
(b) Copy of Proclamation Forwarded.--The President of the United
States shall forward a copy of the proclamation issued under subsection
(a) not later than one week after signature to the presiding officer of
the Constitutional Convention of Puerto Rico, the officer elected as
head of state of the nation, the President pro tempore of the United
States Senate, the Speaker of the United States House of
Representatives, the Senate Committee on Energy and Natural Resources,
and the House Committee on Natural Resources.
(c) Date Government To Take Office.--Not later than one week after
the date of receipt of the Presidential proclamation and with the
advice of the officer elected as head of state of the nation, the
presiding officer of the constitutional Convention shall determine the
date on which the Government of the nation shall take office, and shall
so notify the Governor of the territory of Puerto Rico, the President
of the United States, the President pro tempore of the United States
Senate, and the Speaker of the United States House of Representatives.
SEC. 108. LEGAL AND CONSTITUTIONAL PROVISIONS.
Upon the proclamation of independence as provided in this title,
and except as otherwise provided in this title or in any separate
agreements thereafter concluded between the United States and the
nation of Puerto Rico--
(1) all property, rights and interests which the United
States may have acquired over Puerto Rico by virtue of the
Treaty of Paris of 1898, and thereafter by cession, purchase,
or eminent domain, with the exception of such land and other
property, rights, or interests as may have been sold or
otherwise legally disposed of prior to the proclamation of
Independence, shall vest ipso facto in the nation of Puerto
Rico; and
(2) except as provided in section 110, all laws of the
United States applicable to the territory of Puerto Rico
immediately prior to the proclamation of Independence shall no
longer apply in the nation of Puerto Rico.
SEC. 109. JUDICIAL PRONOUNCEMENTS.
(a) Judgments Before Proclamation.--The nation of Puerto Rico shall
recognize and give effect to all orders and judgments rendered by
United States or territorial courts before the date of the proclamation
of independence pursuant to the laws of the United States then
applicable to the territory of Puerto Rico.
(b) Continuity of Pending Proceedings.--All judicial proceedings
pending in the courts of the territory of Puerto Rico on the day of the
proclamation of independence shall be continued in the corresponding
courts under the Constitution of the nation of Puerto Rico.
(c) Transfer of Judicial Power.--Upon the proclamation of
independence, the judicial power of the United States shall no longer
extend to Puerto Rico. All proceedings pending in the United States
District Court for the District of Puerto Rico shall be transferred to
the corresponding Puerto Rican courts of competence or other competent
judicial authority under the Constitution of the nation of Puerto Rico
for disposition in conformity with laws applicable at the time when the
controversy in process arose. All proceedings pending in the United
States Court of Appeals for the First Circuit, or in the Supreme Court
of the United States, that initiated in, or that could have been
initiated in, the courts of the territory or in the United States
District Court for the District of Puerto Rico shall continue until
their final disposition and shall be submitted to the competent
authority of the nation of Puerto Rico for proper execution: Provided,
That neither the United States nor any of its officers is a party, in
which case any final judgment shall be properly executed by the
competent authority of the United States.
SEC. 110. CITIZENSHIP AND IMMIGRATION LAWS AFTER PUERTO RICAN
INDEPENDENCE.
(a) In General.--
(1) Puerto rican nationality.--After the effective date of
independence, the citizenship status of each individual born in
Puerto Rico shall be determined in accordance with the
Constitution and laws of the nation of Puerto Rico.
(2) United states immigration laws.--Except as described in
this section, after the effective date of independence citizens
of Puerto Rico seeking to enter into the United States or
obtain citizenship in the United States shall be subject to the
immigration laws of the United States (as such term is defined
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101)).
(b) Effect of Puerto Rican Citizenship.--Nothing in this Act
precludes or limits the applicability of section 349 of the Immigration
and Nationality Act (8 U.S.C. 1481), except that the provision of
citizenship by the laws of Puerto Rico shall not constitute or
otherwise serve as the basis of loss, or relinquishment of United
States citizenship under such section.
(c) Citizenship at Birth After Independence.--An individual born in
Puerto Rico after the effective date of independence to at least one
parent who became a United States citizen under section 302 of the
Immigration and Nationality Act (8 U.S.C. 1402) is not a United States
citizen at birth under subsection (c), (d), or (g) of section 301 of
the Immigration and Nationality Act (8 U.S.C. 1401(c), (d) or (g)).
(d) Travel and Work Authorization.--
(1) Any person in the following categories may enter,
lawfully engage in occupations, and establish residence as a
nonimmigrant in the United States and its territories and
possessions without regard to paragraphs (5)(A) and (7) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a); (5)(A) and (7))--
(A) a person who acquires the citizenship of Puerto
Rico, at birth, on or after the effective date of
independence; or
(B) a naturalized citizen of Puerto Rico, who has
been an actual resident there for not less than five
years after attaining such naturalization and who holds
a proof of such residence.
Such persons shall be considered to have the permission of the
Secretary of Homeland Security to accept employment in the
United States.
(2) The right of such persons to establish habitual
residence in a territory or possession of the United States
may, however, be subjected to nondiscriminatory limitations
provided for--
(A) in statutes or regulations of the United
States; or
(B) in those statutes or regulations of the
territory or possession concerned which are authorized
by the laws of the United States.
(3) This subsection shall expire 25 years after the date of
independence.
(e) Conforming Amendments.--
(1) In general.--Section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) is amended by striking ``Puerto
Rico,'' in subsection (a) paragraph (36) and in subsection (a)
paragraph (38).
(2) Prior to independence.--Puerto Rico shall be considered
to be in the United States, as such term is defined in section
101(a)(38) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(38)) prior to the effective date of independence.
(f) Rule of Construction.--Nothing in this section shall limit the
power and authority of the United States to change policy requirements
for United States citizenship.
SEC. 111. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS AND GRANTS.
(a) Rights and Benefits.--All vested rights and benefits which
accrue to residents of the territory of Puerto Rico under the laws of
the United States from past services or contributions, such as rights
and benefits for veterans or relatives of veterans of the Armed Forces
of the United States, retired Government employees, or beneficiaries of
old age, disability, or survivors' insurance benefits under the Social
Security Act, shall not be interrupted after the proclamation of
independence but will continue until such time as said rights and
benefits are completely extinguished according to the applicable laws
of the United States. All services which must be rendered as part of
these rights and benefits shall be made available through the
Government of the nation of Puerto Rico in accordance with agreements
reached by the two nations.
(b) Social Security System.--Notwithstanding the provisions in
subsection (a), all contributions made by employees and employers in
Puerto Rico to the Social Security system with respect to persons who,
upon the proclamation of independence, are residents of the nation of
Puerto Rico and are not yet eligible for old age, disability, or
survivors' insurance benefits under the system, shall be transferred to
the Government of the nation of Puerto Rico once said Government
establishes its own social security system. The Government of the
nation of Puerto Rico may not use these funds for any purpose other
than the establishment and operation of a social security system. Upon
the transfer described herein, the obligations of the United States
Government under the Social Security Act with respect to such residents
of the nation of Puerto Rico shall cease.
(c) Other Federal Transfer Payments.--
(1) Block grants.--All other Federal transfer payments to
individuals and to the Government of the territory of Puerto
Rico shall be maintained in the form of annual block grants to
be used discretionally by the Government of the nation of
Puerto Rico.
(2) Annual aggregate funding.--During the ten fiscal years
following the proclamation of independence, the annual block
grants shall amount to the annual aggregate funding of all
programs which currently extend to the territory of Puerto
Rico, or of all programs which shall have been extended to the
territory of Puerto Rico during the fiscal year immediately
prior to the proclamation of independence, whichever shall be
greater.
(3) Decrease in amount.--The annual block grants shall
decrease thereafter on a straight-line basis, at the rate of
ten percent each year, beginning on the eleventh fiscal year
after the proclamation of independence. At any time during the
aforementioned transition period the terms of this subsection
may be modified by agreement between the United States and the
nation of Puerto Rico.
TITLE II--TRANSITION AND IMPLEMENTATION -- SOVEREIGNTY IN FREE
ASSOCIATION WITH THE UNITED STATES
SEC. 201. CONSTITUTIONAL CONVENTION.
(a) Election of Delegates.--Not later than 6 months after the
effective date of certification of a plebiscite result under this Act
in favor of Sovereignty in Free Association with the United States, the
legislature of Puerto Rico shall provide for the election of delegates
to a constitutional Convention to formulate and draft a Constitution
for the nation of Puerto Rico.
(b) Eligible Voters.--All eligible voters may vote in the election
of delegates to the constitutional Convention.
(c) General Applicability of Electoral Law.--The laws of the
territory of Puerto Rico relating to the electoral process shall apply
to a special election held under this Act.
(d) Initial Meeting.--Not later than 3 months after the election of
delegates to the constitutional Convention, the elected delegates shall
meet at such time and place as the legislature of Puerto Rico shall
determine. The initial meeting shall constitute the establishment of
the constitutional Convention.
SEC. 202. CHARACTER OF THE CONSTITUTION.
The constitutional Convention under section 201 shall formulate and
draft a Constitution for Puerto Rico that guarantees the protection of
fundamental human rights, including--
(1) due process and equal protection under the law;
(2) freedom of speech, press, assembly, association, and
religion;
(3) the rights of the accused;
(4) any other economic, social, and cultural rights as the
constitutional Convention may deem appropriate and necessary;
and
(5) provisions to ensure that no individual born in the
nation of Puerto Rico shall be stateless at birth.
SEC. 203. SUBMISSION; RATIFICATION.
(a) Submission.--Not later than 2 years after the establishment of
the constitutional Convention, the Constitution formulated and drafted
by the constitutional Convention shall be submitted to the eligible
voters of Puerto Rico for ratification or rejection in a special
election.
(b) Manner of Election.--The special election held under this
subsection shall be held in the manner prescribed by the legislature of
Puerto Rico.
SEC. 204. ELECTION OF OFFICERS.
(a) In General.--Not later than one month after the ratification of
the Constitution under section 203, the Governor of the territory of
Puerto Rico shall issue a proclamation calling for the election of such
officers of the nation of Puerto Rico as may be required by the
ratified Constitution.
(b) Rejection.--If the special election results in rejection of the
Constitution, the process provided for in sections 201 through 203
shall be repeated, except that section 201(a) shall be applied by
substituting--
(1) ``the special election'' for ``a plebiscite''; and
(2) ``rejecting the Constitution'' for ``in favor of
sovereignty in free association with the United States''.
(c) Deadline; Procedures.--The election under subsection (a) shall
be held--
(1) not later than 6 months after the date of ratification
of the Constitution; and
(2) in accordance with the procedures and requirements
established in the Constitution of the nation of Puerto Rico.
(d) Certification of Results.--Not later than 10 days after the
election of officers under subsection (a), the Elections Commission
shall certify the results of the election. The Governor of the
territory of Puerto Rico shall inform the results of the election to
the President of the United States, the President pro tempore of the
United States Senate, the Speaker of the United States House of
Representatives, the Committee on Energy and Natural Resources of the
Senate, and the Committee on Natural Resources of the House of
Representatives.
SEC. 205. PROCLAMATIONS BY PRESIDENT OF THE UNITED STATES; HEAD OF
STATE OF PUERTO RICO.
(a) Proclamation.--Not later than one month after the official
certification of the elected officers of the nation of Puerto Rico
under section 204, the President of the United States shall by
proclamation--
(1) withdraw and surrender all rights of possession,
supervision, jurisdiction, control, or sovereignty then
existing and exercised by the United States over the territory
and residents of Puerto Rico;
(2) recognize, on behalf of the United States of America,
the international sovereignty through free association of the
nation of Puerto Rico and the authority of the government
instituted by eligible voters of Puerto Rico under the
Constitution of their own adoption; and
(3) state that the effective date of withdrawal of the
sovereignty of the United States and recognition of
international sovereignty through free association shall be the
same as the date of the proclamation.
(b) Copy of Proclamation Forwarded.--The President of the United
States shall forward a copy of the proclamation issued under subsection
(a) not later than one week after signature to the presiding officer of
the Constitutional Convention of Puerto Rico, the officer elected as
head of state of the nation, the President pro tempore of the United
States Senate, the Speaker of the United States House of
Representatives, the Senate Committee on Energy and Natural Resources,
and the House Committee on Natural Resources.
(c) Date Government To Take Office.--Not later than one week after
the date of receipt of the Presidential proclamation and with the
advice of the officer elected as head of state of the nation, the
presiding officer of the constitutional Convention shall determine the
date on which the Government of the nation shall take office, and shall
so notify the Governor of the territory of Puerto Rico, the President
of the United States, the President pro tempore of the United States
Senate, and the Speaker of the United States House of Representatives.
SEC. 206. LEGAL AND CONSTITUTIONAL PROVISIONS.
Upon the proclamation of international sovereignty through free
association as provided in this title, and except as otherwise provided
in this title or in any separate agreements thereafter concluded
between the United States and the nation of Puerto Rico--
(1) all property, rights and interests which the United
States may have acquired over Puerto Rico by virtue of the
Treaty of Paris of 1898, and thereafter by cession, purchase,
or eminent domain, with the exception of such land and other
property, rights, or interests as may have been sold or
otherwise legally disposed of prior to the proclamation of
international sovereignty through free association, shall vest
ipso facto in the nation of Puerto Rico; and
(2) except as provided in section 209, all laws of the
United States applicable to the territory of Puerto Rico
immediately prior to the proclamation of international
sovereignty through free association shall no longer apply in
the nation of Puerto Rico.
SEC. 207. JUDICIAL PRONOUNCEMENTS.
(a) Judgments Before Proclamation.--The nation of Puerto Rico shall
recognize and give effect to all orders and judgments rendered by
United States or territorial courts before the date of the proclamation
of international sovereignty through free association pursuant to the
laws of the United States then applicable to the territory of Puerto
Rico.
(b) Continuity of Pending Proceedings.--All judicial proceedings
pending in the courts of the territory of Puerto Rico on the day of the
proclamation of international sovereignty through free association
shall be continued in the corresponding courts under the Constitution
of the nation of Puerto Rico.
(c) Transfer of Judicial Power.--Upon the proclamation of
international sovereignty through free association, the judicial power
of the United States shall no longer extend to Puerto Rico. All
proceedings pending in the United States District Court for the
District of Puerto Rico shall be transferred to the corresponding
Puerto Rican courts of competence or other competent judicial authority
under the Constitution of the nation of Puerto Rico for disposition in
conformity with laws applicable at the time when the controversy in
process arose. All proceedings pending in the United States Court of
Appeals for the First Circuit, or in the Supreme Court of the United
States, that initiated in, or that could have been initiated in, the
courts of the territory or in the United States District Court for the
District of Puerto Rico shall continue until their final disposition
and shall be submitted to the competent authority of the nation of
Puerto Rico for proper execution: Provided, That neither the United
States nor any of its officers is a party, in which case any final
judgment shall be properly executed by the competent authority of the
United States.
SEC. 208. CITIZENSHIP AND IMMIGRATION LAWS AFTER SOVEREIGNTY THROUGH
FREE ASSOCIATION.
(a) In General.--
(1) Puerto rican nationality.--After the proclamation of
international sovereignty through free association, the
citizenship status of each individual born in Puerto Rico shall
be determined in accordance with the Constitution and laws of
the nation of Puerto Rico.
(2) United states immigration laws.--Except as described in
this section, after the proclamation of international
sovereignty through free association, citizens of Puerto Rico
seeking to enter into the United States or obtain citizenship
in the United States shall be subject to the immigration laws
of the United States (as such term is defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101)).
(b) Effect of Puerto Rican Citizenship.--Nothing in this Act
precludes or limits the applicability of section 349 of the Immigration
and Nationality Act (8 U.S.C. 1481), except that the provision of
citizenship by the laws of Puerto Rico shall not constitute or
otherwise serve as the basis of loss, or relinquishment of United
States citizenship under such section.
(c) Citizenship at Birth After Sovereignty.--
(1) In general.--Except as described in paragraph (2), an
individual born in Puerto Rico after the proclamation of
international sovereignty through free association to at least
one parent who became a United States citizen under section 302
of the Immigration and Nationality Act (8 U.S.C. 1402) is not a
United States citizen at birth under subsection (c), (d), or
(g) of section 301 of the Immigration and Nationality Act (8
U.S.C. 1401 (c), (d) or (g)).
(2) Transition period.--During the implementation of the
first Articles of Free Association, an individual born in
Puerto Rico to at least one parent who is a citizen of the
United States shall be a United States citizen at birth under
section 301 of the Immigration and Nationality Act (8 U.S.C.
1401) if otherwise eligible.
(d) Travel and Work Authorization.--
(1) Any person in the following categories may enter,
lawfully engage in occupations, and establish residence as a
nonimmigrant in the United States and its territories and
possessions without regard to paragraphs (5)(A) and (7) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a); (5)(A) and (7)):
(A) a person who acquires the citizenship of Puerto
Rico, at birth, on or after the effective date of
international sovereignty through free association; or
(B) a naturalized citizen of Puerto Rico, who has
been an actual resident there for not less than five
years after attaining such naturalization and who holds
a proof of such residence.
Such persons shall be considered to have the permission of the
Secretary of Homeland Security to accept employment in the
United States.
(2) The right of such persons to establish habitual
residence in a territory or possession of the United States
may, however, be subjected to nondiscriminatory limitations
provided for--
(A) in statutes or regulations of the United
States; or
(B) in those statutes or regulations of the
territory or possession concerned which are authorized
by the laws of the United States.
(3) This subsection shall expire upon the termination of
the Articles of Free Association in accordance with section
211.
(e) Conforming Amendments.--
(1) In general.--Section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) is amended by striking ``Puerto
Rico,'' in subsection (a) paragraph (36) and in subsection (a)
paragraph (38).
(2) Prior to sovereignty.--Puerto Rico shall be considered
to be in the United States, as such term is defined in section
101(a)(38) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(38)) prior to the date of international sovereignty
through free association.
(f) Rule of Construction.--Nothing in this section shall limit the
power and authority of the United States to change policy requirements
for United States citizenship.
SEC. 209. CONFORMING AMENDMENTS TO EXISTING LAW.
(a) Review.--Not later than 30 days after the initial meeting of a
constitutional Convention under section 201(d), the President shall
initiate a review of Federal law with respect to Puerto Rico, including
those regarding--
(1) taxation of persons and businesses;
(2) health care;
(3) housing;
(4) transportation;
(5) education; and
(6) entitlement programs.
(b) Recommendations.--Not later than one year after the date on
which the President initiates a review under subsection (a), the
President shall submit recommendations to Congress for changes to
Federal law identified during such review, as the President deems
appropriate.
SEC. 210. BILATERAL NEGOTIATING COMMISSION.
(a) In General.--If a plebiscite held under this Act results in a
majority vote for sovereignty in free association with the United
States, there shall be a Bilateral Negotiating Commission which shall
conduct negotiations on Articles of Free Association with the United
States.
(b) Members.--Not later than 3 months after the establishment of
the constitutional Convention under section 201--
(1) the Convention shall elect, by majority vote, 5 members
from among its delegates to join the Bilateral Negotiating
Commission on behalf of Puerto Rico; and
(2) the President of the United States shall designate 5
members to the Bilateral Negotiating Commission, one of whom
shall also be nominated for the rank of Ambassador, to
negotiate on behalf of the United States.
(c) Initial Meeting.--Not later than 3 months after the election
and designation of members to the Bilateral Negotiating Commission,
members shall meet at such time and place as the legislature of Puerto
Rico shall determine. Such meeting shall constitute the establishment
of the Bilateral Negotiating Commission.
(d) Duties.--The Bilateral Negotiating Commission shall--
(1) be responsible for expediting the orderly transfer of
all functions currently exercised by the Government of the
United States in Puerto Rico, to Puerto Rico, and shall
recommend to Congress any appropriate legislation to carry into
effect such transfer, including any appropriate enabling
legislation as may be required by the Articles of Free
Association;
(2) negotiate all matters pertaining to the government-to-
government relationship between Puerto Rico and the United
States through the development of the Articles of Free
Association, including foreign affairs, trade, finance,
taxation, currency, economic assistance, security and defense,
dispute resolution, immigration, economic benefits (including
grants), and termination of the free association status; and
(3) endeavor to complete the Articles of Free Association
not later than 2 years after the commencement of the
constitutional Convention.
(e) Collaboration.--The Government of the territory of Puerto Rico
and the agencies of the Government of the United States shall
collaborate with the Bilateral Negotiating Commission to provide for
the orderly transfer of the functions of government as required by the
Articles of Free Association.
SEC. 211. ARTICLES OF FREE ASSOCIATION APPROVAL AND EFFECTIVE DATE.
(a) Approval.--The Articles of Free Association shall come into
effect upon mutual agreement between the Government of the United
States and the Government of Puerto Rico after completion of approval
by--
(1) a separate ratification vote on the Articles by the
eligible voters in the special election held under section 203;
and
(2) the Government of the United States in accordance with
its constitutional processes.
(b) Rejection.--If the special election under subsection (a)(1)
results in rejection of the Articles of Free Association, the process
provided for in section 210 and subsection (a) shall be repeated.
SEC. 212. TERMINATION.
The Articles of Free Association between the United States and
Puerto Rico may be terminated at will by either party at any time.
SEC. 213. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS AND GRANTS.
(a) Rights and Benefits.--All vested rights and benefits which
accrue to residents of the territory of Puerto Rico under the laws of
the United States from past services or contributions, such as rights
and benefits for veterans or relatives of veterans of the Armed Forces
of the United States, retired Government employees, or beneficiaries of
old age, disability, or survivors' insurance benefits under the Social
Security Act, shall not be interrupted after the proclamation of
international sovereignty through free association but will continue
until such time as said rights and benefits are completely extinguished
according to the applicable laws of the United States. All services
which must be rendered as part of these rights and benefits shall be
made available through the Government of the nation of Puerto Rico in
accordance with agreements reached by the two nations.
(b) Social Security System.--Notwithstanding subsection (a), all
contributions made by employees and employers in Puerto Rico to the
Social Security system with respect to persons who, upon the
proclamation of international sovereignty through free association, are
residents of the nation of Puerto Rico and are not yet eligible for old
age, disability, or survivors' insurance benefits under the system,
shall be transferred to the Government of the nation of Puerto Rico
once said Government establishes its own social security system. The
Government of the nation of Puerto Rico may not use these funds for any
purpose other than the establishment and operation of a social security
system. Upon the transfer described herein, the obligations of the
United States Government under the Social Security Act with respect to
such residents of the nation of Puerto Rico shall cease.
(c) Other Federal Transfer Payments.--All other Federal transfer
payments to individuals and to the Government of the territory of
Puerto Rico shall be maintained in the form of annual block grants to
be used discretionally by the Government of the nation of Puerto Rico--
(1) during the 10 fiscal years following the proclamation
of international sovereignty through free association, the
annual block grants shall amount to the annual aggregate
funding of all programs which currently extend to the territory
of Puerto Rico, or of all programs which shall have been
extended to the territory of Puerto Rico during the fiscal year
immediately prior to the proclamation of international
sovereignty through free association, whichever shall be
greater; and
(2) the annual block grants shall decrease thereafter on a
straight-line basis, at the rate of ten percent each year,
beginning on the eleventh fiscal year after the proclamation of
international sovereignty through free association. At any time
during the aforementioned transition period the terms of this
subsection may be modified by agreement between the United
States and the nation of Puerto Rico.
(d) Revision.--The terms and conditions of this subsection may be
revised as part of an agreement under the Articles of Free Association.
TITLE III--TRANSITION AND IMPLEMENTATION -- STATEHOOD
SEC. 301. PRESIDENTIAL PROCLAMATION; ADMISSION INTO THE UNION.
If a plebiscite held under this Act results in a majority vote for
statehood:
(1) Presidential proclamation; date of admission.--Upon
receipt of the Elections Commission's certification of the
plebiscite results pursuant to section 5(d), the President
shall issue a proclamation declaring the date that Puerto Rico
is admitted as a State of the Union on an equal footing with
all other States, which shall be a date not later than one year
after the effective date of the plebiscite results.
(2) Submission of proclamation.--The President shall cause
such proclamation to be submitted to the Governor of Puerto
Rico, the legislature of Puerto Rico, the President pro tempore
of the United States Senate, the Speaker of the United States
House of Representatives, the Senate Committee on Energy and
Natural Resources, and the House Committee on Natural
Resources.
(3) Admission into the union.--Subject to the provisions of
this Act, and upon the date declared by the President for
admission of Puerto Rico as a State under the proclamation
under paragraph (1), the territory of Puerto Rico shall be a
State of the United States of America and as such admitted into
the Union on an equal footing with the other States in all
respects. Upon admission, Puerto Rico shall be known as the
State of Puerto Rico.
(4) Incorporation.--Puerto Rico shall remain unincorporated
until its admission as a State of the Union under paragraph
(3).
SEC. 302. CONFORMING AMENDMENTS TO EXISTING LAW.
(a) Review.--Not later than 30 days after the certification of a
plebiscite result under this Act in favor of statehood, the President
shall initiate a review of Federal law with respect to Puerto Rico,
including those regarding--
(1) taxation of persons and businesses;
(2) health care;
(3) housing;
(4) transportation;
(5) education; and
(6) entitlement programs.
(b) Recommendations.--Not later than one year after the date on
which the President initiates a review under subsection (a), the
President shall submit any recommendations to Congress for changes to
Federal law identified during such review, as the President deems
appropriate.
SEC. 303. TERRITORY AND BOUNDARIES.
The State of Puerto Rico shall consist of all of the islands,
together with their appurtenant reefs, seafloor, submerged lands, and
territorial waters in the seaward boundary, presently under the
jurisdiction of the territory of Puerto Rico.
SEC. 304. CONSTITUTION.
(a) In General.--The Constitution of the territory of Puerto Rico,
as approved by Public Law 82-447 and subsequently amended as of the
date of enactment of this Act is hereby found to be republican in form
and in conformity with the Constitution of the United States and the
principles of the Declaration of Independence, and is hereby accepted,
ratified, and confirmed as the Constitution of the State of Puerto
Rico.
(b) Future Constitutions.--The Constitution of the State of Puerto
Rico--
(1) shall always be republican in form; and
(2) shall not be repugnant to the Constitution of the
United States and the principles of the Declaration of
Independence.
SEC. 305. ELECTIONS OF SENATORS AND REPRESENTATIVES, CERTIFICATION, AND
LEGAL DISPUTES.
(a) Elections of Senators and Representatives.--Not more than one
month after the proclamation under section 301, the Governor of Puerto
Rico shall issue a declaration that shall designate and announce the
dates and other requirements for primary and general elections under
applicable Federal and local law for representation in the Senate and
the House of Representatives of the United States upon admission of
Puerto Rico as a State.
(b) Resident Commissioner.--The office of Resident Commissioner of
Puerto Rico shall cease to exist upon the swearing in of the first
Representative from the State of Puerto Rico to the House of
Representatives.
(c) Senators and Representatives.--
(1) In general.--Upon its admission into the Union, the
State of Puerto Rico shall be entitled to Senators and
Representatives who shall be entitled to be admitted to seats
in the Congress of the United States and to all the rights and
privileges of Senators and Representatives of the other States
in the Congress of the United States.
(2) First election of senators.--In the first election of
Senators, the two senatorial offices shall be separately
identified and designated, and no person may be a candidate for
both offices. Nothing in this section shall impair the
privilege of the Senate to determine the class and term to
which each of the Senators elected shall be assigned, with the
exception that the Senators shall not be in the same class.
(3) First election of representatives.--In the first
election of Representatives, and subsequent elections until the
next Census-based reapportionment cycle, the State of Puerto
Rico shall be entitled to the same number of Representatives as
the State whose most recent Census population was closest to,
but less than, that of Puerto Rico, and such Representatives
shall be in addition to the membership of the House of
Representatives as now prescribed by law. Any such increase in
the membership shall not operate to either increase or decrease
the permanent membership of the House of Representatives as
prescribed in the Act of August 8, 1911 (37 Stat. 13), nor
shall such temporary increase affect the basis of apportionment
established by the Act of November 15, 1941 (55 Stat. 761), for
the 83d Congress and each Congress thereafter, unless Congress
acts to increase the total number of Members of the House of
Representatives. Thereafter, the State of Puerto Rico shall be
entitled to such number of Representatives as provided for by
applicable law based on the next reapportionment. The
apportionment of congressional districts for the first election
and subsequent election of Representatives shall be conducted
as provided for by the Constitution and laws of the State of
Puerto Rico for state legislative districts.
(d) Certification of Results.--The Elections Commission shall
certify the results of primary and general elections for representation
in the Senate and the House of Representatives of the United States to
the Governor. Not later than 10 days after the date of each
certification, the Governor shall declare the results of the primary
and general elections, and transmit the results of each election to the
President of the United States, the President pro tempore of the
Senate, and the Speaker of the House of Representatives.
(e) Jurisdiction of District Court.--The United States District
Court for the District of Puerto Rico shall have original and exclusive
jurisdiction of any civil action alleging a dispute or controversy
pertaining to electoral processes conducted under this section.
SEC. 306. STATE TITLE TO LAND AND PROPERTY.
(a) State Title.--The State of Puerto Rico and its political
subdivisions and dependencies shall have and retain title to all
property, real and personal, held by the territory of Puerto Rico and
its political subdivisions and dependencies on the date of the
admission of Puerto Rico into the Union.
(b) Federal Title.--Any lands and other properties that, as of the
date of admission of Puerto Rico into the Union, are set aside pursuant
to law for the use of the United States under any--
(1) Act of Congress;
(2) Executive order;
(3) proclamation of the President; or
(4) proclamation of the Governor of the territory of Puerto
Rico,
shall remain the property of the United States.
(c) Continental Shelf.--The State of Puerto Rico shall have the
exclusive right to explore, exploit, lease, possess, and use all
seabed, natural, and mineral resources lying within three marine
leagues (nine nautical miles) from its shore, as granted under section
8 of the Act of March 2, 1917 (48 U.S.C. 749; 39 Stat. 954). All other
rights of sovereignty in regards to the continental shelf and waters,
shall belong to the United States, except those already vested in
Puerto Rico.
SEC. 307. CONTINUITY OF LAWS, GOVERNMENT, AND OBLIGATIONS.
Upon the admission of the State of Puerto Rico into the Union:
(1) Continuity of laws.--All of the territorial laws in
force in Puerto Rico on the date of issuance of the
proclamation described in section 301(1) not inconsistent with
this Act or the Constitution of the State of Puerto Rico shall
be and continue in force and effect throughout the State, until
amended, modified, or repealed by the State. All of the laws of
the United States shall have the same force and effect within
the State as in the other several States.
(2) Continuity of government.--The individuals holding
legislative, executive, and judicial offices of Puerto Rico
shall continue to discharge the duties of their respective
offices when Puerto Rico becomes a State of the Union in,
under, or by authority of the government of the State, as
provided by the constitution and laws of the State.
(3) Continuity of obligations.--All contracts, obligations,
liabilities, debts, and claims of the territory of Puerto Rico
and its instrumentalities at the moment of admission shall
continue in full force and effect as the contracts,
obligations, liabilities, debts, and claims of the State of
Puerto Rico and its instrumentalities when Puerto Rico becomes
a State of the Union.
(4) Use and enjoyment of property.--All laws of the United
States reserving to the United States the free use or enjoyment
of property which vests in or is conveyed to the State of
Puerto Rico or its political subdivisions pursuant to this
section or reserving the right to alter, amend, or repeal laws
relating thereto, shall cease to be effective.
SEC. 308. JUDICIAL PRONOUNCEMENTS.
(a) Pending.--No writ, action, indictment, cause, or proceeding
pending in any court of the territory of Puerto Rico, shall abate by
reason of the admission of the State of Puerto Rico into the Union, but
shall proceed within such appropriate State courts as shall be
established under the Constitution of the State of Puerto Rico, or
shall continue in the United States District Court for the District of
Puerto Rico, as the nature of the case may require.
(b) Not Yet Pending.--All civil causes of action and all criminal
offenses, which shall have arisen or been committed before the
admission of the State, but as to which no writ, action, indictment, or
proceeding shall be pending at the date of such admission, shall be
subject to prosecution in the appropriate State courts or in the United
States District Court for the District of Puerto Rico in like manner,
to the same extent, and with like right of appellate review, as if such
State had been created and such State courts had been established prior
to the accrual of such causes of action or the commission of such
offenses. The admission of the State shall effect no change in the
procedural or substantive laws governing causes of action and criminal
offenses which shall have arisen or been committed, and any such
criminal offenses as shall have been committed against the laws of the
territory of Puerto Rico, shall be tried and punished by the
appropriate courts of the State, and any such criminal offenses as
shall have been committed against the laws of the United States shall
be tried and punished in the United States District Court for the
District of Puerto Rico.
(c) Appeals.--Parties shall have the same rights of judicial review
of final decisions of the United States District Court for the District
of Puerto Rico or the Supreme Court of Puerto Rico, in any case finally
decided prior to the admission of the State of Puerto Rico into the
Union, whether or not an appeal therefrom shall have been perfected
prior to such admission. The United States Court of Appeals for the
First Circuit and the Supreme Court of the United States, shall have
the same jurisdiction in such cases as by law provided prior to the
admission of the State into the Union. Any mandate issued subsequent to
the admission of the State, shall be to the United States District
Court for the District of Puerto Rico or a court of the State, as
appropriate. Parties shall have the same rights of appeal from and
appellate review of all orders, judgments, and decrees of the United
States District Court for the District of Puerto Rico and of the
Supreme Court of Puerto Rico, in any case pending at the time of
admission of the State into the Union, and the Supreme Court of Puerto
Rico and the Supreme Court of the United States shall have the same
jurisdiction therein, as by law provided in any case arising subsequent
to the admission of the State into the Union.
Passed the House of Representatives December 15, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 8393
_______________________________________________________________________
AN ACT
To enable the people of Puerto Rico to choose a permanent,
nonterritorial, fully self-governing political status for Puerto Rico
and to provide for a transition to and the implementation of that
permanent, nonterritorial, fully self-governing political status, and
for other purposes.