[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2944 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2944
To enable the people of the Commonwealth of Puerto Rico to determine
the political status of the Commonwealth of Puerto Rico, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27 (legislative day, September 22), 2023
Mr. Wicker introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To enable the people of the Commonwealth of Puerto Rico to determine
the political status of the Commonwealth of Puerto Rico, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Puerto Rico Status
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--PLEBISCITES
Sec. 101. Initial plebiscite; runoff plebiscite.
Sec. 102. Nonpartisan voter education campaign.
Sec. 103. Oversight.
Sec. 104. Funds for voter education, plebiscites.
TITLE II--TRANSITION AND IMPLEMENTATION OF INDEPENDENCE STATUS
Sec. 201. Definitions.
Sec. 202. Constitutional convention.
Sec. 203. Character of the constitution.
Sec. 204. Submission; ratification.
Sec. 205. Election of officers.
Sec. 206. Conforming amendments to existing law.
Sec. 207. Joint Transition Commission.
Sec. 208. Proclamation by President.
Sec. 209. Legal and constitutional provisions.
Sec. 210. Judicial pronouncements.
Sec. 211. Citizenship and immigration laws after Puerto Rican
independence.
Sec. 212. Individual rights to economic benefits and grants.
TITLE III--TRANSITION AND IMPLEMENTATION OF SOVEREIGNTY IN FREE
ASSOCIATION WITH THE UNITED STATES OPTION
Sec. 301. Definitions.
Sec. 302. Constitutional convention.
Sec. 303. Character of the constitution.
Sec. 304. Submission; ratification.
Sec. 305. Election of officers.
Sec. 306. Conforming amendments to existing law.
Sec. 307. Proclamation by President; head of state of the nation Puerto
Rico.
Sec. 308. Legal and constitutional provisions.
Sec. 309. Judicial pronouncements.
Sec. 310. Citizenship and immigration laws after sovereignty through
free association.
Sec. 311. Bilateral Negotiating Commission.
Sec. 312. Articles of free association approval, effective date, and
termination.
Sec. 313. Individual rights to economic benefits and grants.
TITLE IV--TRANSITION AND IMPLEMENTATION OF STATEHOOD STATUS
Sec. 401. Definitions.
Sec. 402. Puerto Rico readiness for statehood; Presidential
proclamation; admission into the Union of
the United States.
Sec. 403. Conforming amendments to existing law.
Sec. 404. Territory and boundaries.
Sec. 405. Constitution.
Sec. 406. Elections of Senators and Representatives; certification;
jurisdiction.
Sec. 407. State title to land and property.
Sec. 408. Continuity of laws, government, and obligations.
Sec. 409. Judicial pronouncements.
TITLE V--TRANSITION AND IMPLEMENTATION OF COMMONWEALTH STATUS
Sec. 501. Bilateral Negotiating Commission.
Sec. 502. Approval; effective date.
TITLE VI--MISCELLANEOUS
Sec. 601. Application of Puerto Rico Oversight, Management, and
Economic Stability Act.
Sec. 602. Severability.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 1898, the United States gained possession of Puerto
Rico following the Spanish-American War;
(2) Spain formally ceded Puerto Rico to the United States
of America under the Treaty of Peace between the United States
of America and the Kingdom of Spain, signed at Paris on
December 10, 1898 (30 Stat. 1754);
(3) after a brief period of military rule, the Act of April
12, 1900 (commonly known as the ``Foraker Act'') (31 Stat. 77,
chapter 191), was enacted to establish a civil government in
Puerto Rico, which--
(A) provided for--
(i) an executive branch headed by a
Governor and an executive council, to be
appointed by the President, with the advice and
consent of the Senate; and
(ii) a house of delegates, to be elected by
qualified voters of Puerto Rico; and
(B) was replaced in 1917 by a new organic Act for
Puerto, the Act of March 2, 1917 (commonly known as the
``Jones-Shafroth Act'') (39 Stat. 951, chapter 145),
which--
(i) established an elected Senate;
(ii) provided a bill of rights;
(iii) provided United States citizenship to
the people of Puerto Rico; and
(iv) in 1947, was amended to give qualified
voters of Puerto Rico the right to elect a
Governor;
(4) in 1950, Congress enacted the Act of July 3, 1950
(commonly known as the ``Puerto Rico Federal Relations Act of
1950'') (64 Stat. 319, chapter 446), which--
(A) established that, ``fully recognizing the
principle of government by consent'', the law was
``adopted in the nature of a compact so that the people
of Puerto Rico may organize a government pursuant to a
constitution of their own adoption''; and
(B) on approval by the qualified voters of Puerto
Rico in a referendum, authorized the Puerto Rico
legislature to call a constitutional convention to
draft a constitution for Puerto Rico;
(5) in a popular referendum held on June 4, 1951, 76.5
percent of the voters in Puerto Rico voted in favor of drafting
a constitution for Puerto Rico;
(6) during the period beginning on September 17, 1951, and
ending on February 6, 1952, a constitutional convention was
held in Puerto Rico;
(7) the constitution of the Commonwealth of Puerto Rico
produced by the constitutional convention was submitted to the
people of Puerto Rico, who approved the constitution with 81.9
percent of the vote in a referendum held on March 3, 1952;
(8) after receiving the constitution of the Commonwealth of
Puerto Rico, the President--
(A) declared that the constitution of the
Commonwealth of Puerto Rico--
(i) conformed fully with the applicable
provisions of--
(I) the Act of July 3, 1950
(commonly known as the ``Puerto Rico
Federal Relations Act of 1950'') (64
Stat. 319, chapter 446); and
(II) the Constitution of the United
States;
(ii) contained a bill of rights; and
(iii) provided for a republican form of
government; and
(B) transmitted the constitution of the
Commonwealth of Puerto Rico to Congress for approval;
(9) after receiving the constitution of the Commonwealth of
Puerto Rico from the President, Congress--
(A) considered the constitution of the Commonwealth
of Puerto Rico;
(B) found the constitution of the Commonwealth of
Puerto Rico to conform to the applicable requirements;
and
(C) with the approval of the Joint Resolution of
July 3, 1952 (66 Stat. 327, chapter 567), conditionally
approved the constitution of the Commonwealth of Puerto
Rico;
(10) under Resolution number 34 of the constitutional
convention of Puerto Rico, the constitutional convention of
Puerto Rico accepted the conditions of Congress ``in the name
of the people of Puerto Rico'';
(11) the Governor of Puerto Rico subsequently issued a
formal proclamation accepting the conditions of Congress on the
constitution of the Commonwealth of Puerto Rico;
(12) the constitution of the Commonwealth of Puerto Rico--
(A) was subsequently amended by the constitutional
convention; and
(B) became effective on July 25, 1952;
(13) the amendments to the constitution of the Commonwealth
of Puerto Rico were ratified by the people of the Commonwealth
of Puerto Rico, with 87.8 percent of voters approving the
constitution of the Commonwealth of Puerto Rico in a referendum
held on November 4, 1952;
(14) the United States informed the United Nations that,
because the Commonwealth of Puerto Rico had become a self-
governing jurisdiction, the United States would cease reporting
on conditions in the Commonwealth of Puerto Rico under article
73 of the United Nations Charter, which requires reports from
member states responsible ``for the administration of
territories whose people have not yet attained the full measure
of self-government.'';
(15) in response to the United States, the United Nations
General Assembly acknowledged in United Nations General
Assembly Resolution 748 (1953) that ``the people of the
Commonwealth of Puerto Rico, by expressing their will in a free
and democratic way, have achieved a new constitutional status
and have effectively exercised their right to self-
determination'';
(16) to bilaterally address the issue of Puerto Rico self-
determination, Public Law 88-271 (78 Stat. 17) established the
United States-Puerto Rico Commission on the Status of Puerto
Rico, composed of--
(A) 7 members from the United States, of whom--
(i) 3 members were to be appointed by the
President;
(ii) 2 members were to be members of the
Senate, appointed by the President of the
Senate with the approval of the majority and
minority leaders of the Senate; and
(iii) 2 members were to be members of the
House of Representatives appointed by the
Speaker of the House of Representatives, with
the approval of the majority and minority
leaders of the House of Representatives; and
(B) 6 members were to be from the Commonwealth of
Puerto Rico;
(17) in the report entitled ``Report of the United States-
Puerto Rico Commission on the Status of Puerto Rico'' and dated
August 1966, the United States-Puerto Rico Commission on the
Status of Puerto Rico found that--
(A) ``all three forms of political status--the
Commonwealth, Statehood, and Independence--are valid
and confer upon the people of Puerto Rico equal dignity
with equality of status and national citizenship.'';
and
(B) ``it is inconceivable that either the United
States or Puerto Rico would, by an act of unilateral
revocation, undermine the very foundation of their
common progress: the fundamental political and economic
relationships which were established on the basis of
mutuality.'';
(18) pursuant to the findings and recommendations of the
United States-Puerto Rico Commission on the Status of Puerto
Rico, the Puerto Rico legislature enacted the Act of December
23, 1966 (Puerto Rico Act No. 1), which called for a plebiscite
on the status of Puerto Rico;
(19) in the July 23, 1967, plebiscite--
(A) 60.4 percent of voters in the Commonwealth of
Puerto Rico voted for commonwealth status;
(B) 39 percent of voters in the Commonwealth of
Puerto Rico voted for statehood; and
(C) 0.6 percent of voters in the Commonwealth of
Puerto Rico voted for independence;
(20) in 1989, on the joint request of the pro-Commonwealth
Governor of Puerto Rico and the presidents of the pro-statehood
and pro-independence parties, the Senate took up the issue of
Puerto Rico self-determination through S. 712 (101st Congress)
and S. 244 (102nd Congress), which recognized that
Commonwealth, statehood, and independence were valid options
for the status of Puerto Rico;
(21) the failure of the 1989 effort with respect to
statehood and the coming to power in the Commonwealth of Puerto
Rico of a pro-statehood government in 1992, 1996, 2008, and
2016 prompted a string of locally legislated referenda, with
each subsequent referendum increasingly deviating from Federal
policy, particularly with respect to an effort to undermine the
commonwealth status to the benefit of statehood;
(22) the first referendum was held in 1993, allowing each
of the political parties to provide the definition of the
particular status option, under which--
(A) 48.6 percent of voters in the Commonwealth of
Puerto Rico voted for commonwealth status;
(B) 46.3 percent of voters in the Commonwealth of
Puerto Rico voted for statehood; and
(C) 4.4 percent of voters in the Commonwealth of
Puerto Rico voted for independence;
(23) during a second referendum held in 1998--
(A) the pro-statehood government--
(i) drafted the ballot language for all
status options; and
(ii) identified each status option by
number rather than by name;
(B) in protest for what the pro-Commonwealth party
considered to be an ill-defined Commonwealth option,
the pro-Commonwealth party asked supporters to vote for
``none of the above''; and
(C) the results of the referendum were that--
(i) 50.3 percent of voters in the
Commonwealth of Puerto Rico voted for ``none of
the above'';
(ii) 46.5 percent of voters in the
Commonwealth of Puerto Rico voted for
statehood;
(iii) 2.5 percent of voters in the
Commonwealth of Puerto Rico voted for
independence; and
(iv) 0.3 percent of voters in the
Commonwealth of Puerto Rico voted for free
association;
(24) on May 29, 2009, pro-statehood Resident Commissioner
Pedro Pierluisi introduced a bill in the House of
Representatives, H.R. 2499 (111th Congress), which provided
for--
(A) a 2-round vote on the status of the
Commonwealth of Puerto Rico that provided for a first
vote to ``continue to have its present form of
political status'' or for ``a different political
status''; and
(B) if the ``different political status'' option
received the most votes during the first vote, a second
vote with the options of--
(i) independence;
(ii) sovereignty in association with the
United States; and
(iii) statehood;
(25) an amendment to H.R. 2499 (111th Congress) was
approved by the House of Representatives on April 29, 2010, to
include the Commonwealth option on the second vote, with the
proponent of the amendment stating that ``Puerto Ricans' views
should be given equal and fair consideration.'';
(26) H.R. 2499 (111th Congress), as amended, was approved
by the House of Representatives, but was not considered in the
Senate;
(27) in April 2011, the White House published a report of
the Task Force on Puerto Rico Status that found that--
(A) the permissible status options for the
Commonwealth of Puerto Rico include--
(i) statehood;
(ii) independence;
(iii) free association; and
(iv) commonwealth status; and
(B) ``removing the Commonwealth option would raise
real questions about the vote's legitimacy'';
(28) ignoring the amendment to H.R. 2499 (111th Congress)
described in paragraph (25), the pro-statehood government
called for a locally legislated plebiscite in 2012 that adopted
the 2-vote structure rejected by the House of Representatives
that excluded the Commonwealth option in the second vote;
(29) to further stack the deck in the 2012 plebiscite--
(A) the first vote would be in favor or against the
``current territorial status'' (a generic term intended
to downplay the constitutional process of the Act of
July 3, 1950 (commonly known as the ``Puerto Rico
Federal Relations Act of 1950'') (64 Stat. 319, chapter
446)); and
(B) a second vote would be for--
(i) statehood;
(ii) independence; or
(iii) free association (which was
confusingly referred to as ``sovereign
Commonwealth'');
(30) the voting structure in the 2012 plebiscite had
several evident defects, including that--
(A) the current commonwealth status could lose even
if commonwealth status had the highest voter
preference; and
(B) by instructing individuals who voted for the
current commonwealth status on the first question to
answer the second question, regardless, the votes for
the options of the second question would be inflated
with those ``second-preference'' votes, so it would not
be known how many voters actually preferred any of
those options;
(31) the results of the 2012 plebiscite were a mixture of
all the potential problems, as--
(A) the status quo received 828,077 votes on
question 1, and statehood received 834,191 votes on
question 2, which is a difference of 6,114 votes;
(B) it is not known how many voters that voted for
the current status on question 1 voted for statehood on
question 2; and
(C) since the law authorizing the plebiscite
prohibited considering blank ballots for allocating
percentages, the commonwealth status was said to have
obtained 46 percent of the vote in the first vote and
statehood was said to have obtained 61 percent of the
vote in the second vote;
(32) on May 15, 2013, the pro-statehood Resident
Commissioner introduced H.R. 2000 (113th Congress), which--
(A) stated that statehood had obtained 61.16
percent of the votes of ``voters who chose an option'';
(B) based on that characterization of the results,
called for a ratification vote that would provide for a
self-executing implementation of the admission of the
Commonwealth Puerto Rico as a State of the Union of the
United States; and
(C) was not acted on by the House of
Representatives;
(33) instead, the Consolidated Appropriations Act, 2014
(Public Law 113-76; 128 Stat. 5), appropriated $2,500,000 ``for
objective, nonpartisan voter education about, and a plebiscite
on, options that would resolve Puerto Rico's future political
status, which shall be provided to the State Elections
Commission of Puerto Rico.'', with the accompanying report
stating that--
(A) the $2,500,000 was ``for objective, nonpartisan
voter education about, and a plebiscite on, options
that would resolve Puerto Rico's future political
status'';
(B) the ``funds provided for the plebiscite shall
not be obligated until 45 days after the Department of
Justice notifies the Committees on Appropriations that
it approves of an expenditure plan from the Puerto Rico
Elections Commission for voter education and plebiscite
administration, including approval of the plebiscite
ballot''; and
(C) the ``notification shall include a finding that
the voter education materials, plebiscite ballot, and
related materials are not incompatible with the
Constitution and laws and policies of the United
State.'';
(34) on February 3, 2017, with the pro-statehood party back
in power locally, the Commonwealth of Puerto Rico passed Law
Number 7, which called ``for the immediate decolonization of
Puerto Rico'' through a plebiscite to be held on June 11, 2017;
(35) claiming that the Commonwealth option had been
rejected in the 2012 plebiscite, the ballot for the 2017
plebiscite would offer only 2 options of--
(A) statehood; and
(B) free association or independence;
(36) on April 13, 2017, the Department of Justice denied
certification of the plebiscite, stating: ``The Department has
concluded that the plebiscite ballot is not compatible with
these policies, as it is not drafted in a way that ensures that
its result will accurately reflect the current popular will of
the people of Puerto Rico. As transmitted, the ballot omits
Puerto Rico's current territorial status as an available option
and instead provides the people of Puerto Rico with only two
choices: `Statehood' or `Free Association/Proclamation of
Independence'. This omission appears to be based on a
determination that the people of Puerto Rico definitively
rejected Puerto Rico's current status in the plebiscite held on
November 6, 2012. See Act No. 7-2017, Art. IIISec. 1(a). The
Department does not believe that the results of the 2012
plebiscite justify omitting Puerto Rico's current status as an
option on the ballot. For a variety of reasons, the validity of
the 2012 plebiscite's results `have been the subject of
controversy' and debate. See Congressional Research Service,
Puerto Rico's Political Status and the 2012 Plebiscite:
Background and Key Questions, at 8 (June 25, 2013) (`CRS
Report'). Furthermore, nearly five years have elapsed since
that plebiscite, during which significant political, economic,
and demographic changes have occurred in Puerto Rico and the
United States. As a result, it is uncertain that it is the
present will of the people to reject Puerto Rico's current
status. Accordingly, any plebiscite that now seeks to `resolve
Puerto Rico's future political status,' as the Appropriations
Act contemplates, should include the current territorial status
as an option. See 2011 Task Force Report, at 26 (noting that
the current status `must be an available option for the people
of Puerto Rico'). Otherwise, there would be `real questions
about the vote's legitimacy' and its ability to reflect
accurately the will of the people. Id. Furthermore, the
Department has determined that the plebiscite ballot language
contains several ambiguous and potentially misleading
statements, which may hinder voters' ability to make a fully
informed choice as well as efforts to ascertain the will of the
people from the plebiscite results. The statements of concern
are as follows: The ballot's description of the `Statehood'
option contains the following statement: `I am aware that
Statehood is [the] only option that guarantees the American
citizenship by birth in Puerto Rico'. This statement is
inaccurate when considered in the context of all available
status options, as under current law, Puerto Ricans have an
unconditional statutory right to birthright citizenship. The
sentence therefore is potentially misleading and reinforces the
ballot's flawed omission of an option for retaining Puerto
Rico's current territorial status.'';
(37) the local government amended the bill purportedly to
comply with the Department of Justice demands, but did not
allow for Department of Justice certification, provoking a
massive boycott by the Commonwealth supporters and independence
supporters;
(38) in the plebiscite of June 11, 2017--
(A) there was a historically low participation rate
of 23 percent of registered voters in the Commonwealth
of Puerto Rico; and
(B) 508,862 voters in the Commonwealth of Puerto
Rico voted for statehood, which was 97 percent of votes
cast;
(39) the same pro-statehood administration in the
Commonwealth of Puerto Rico called for a new plebiscite in 2020
that would include an up-or-down statehood vote;
(40) by letter of July 29, 2020, addressed to the Chairman
of the Puerto Rico Elections Commission, the Department of
Justice again rejected certification, stating that--
(A) the United States has consistently remained
neutral about the legally permissible status options
for the Commonwealth of Puerto Rico, of which the
current status is 1; and
(B) a plebiscite that asks voters if the
Commonwealth of Puerto Rico should be admitted
immediately into the Union of the United States as a
State is regarded as a pro-statehood initiative that
departs from that policy of neutrality;
(41) Executive Order 13183 (48 U.S.C. 731 note; relating to
establishment of the President's Task Force on Puerto Rico's
Status), states that the policy of the executive branch is ``to
work with leaders of the Commonwealth and the Congress to
clarify the options to enable Puerto Ricans to determine their
preference among options for the islands' future status that
are not incompatible with the Constitution and basic laws and
policies of the United States; and to implement such an option
if chosen by a majority.''; and
(42) the status options for the Commonwealth of Puerto Rico
that are not incompatible with the Constitution and basic laws
and policies of the United States are--
(A) commonwealth status;
(B) statehood;
(C) independence; and
(D) free association.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commonwealth government.--The term ``Commonwealth
government'' means the government of the Commonwealth of Puerto
Rico (including any department, agency, or instrumentality of
the government of the Commonwealth of Puerto Rico).
(2) Elections commission.--The term ``Elections
Commission'' means the Puerto Rico State Commission on
Elections.
(3) Eligible voter.--The term ``eligible voter'' means a
bona fide resident of the Commonwealth of Puerto Rico who is
otherwise qualified to vote in a general election in the
Commonwealth of Puerto Rico.
(4) Governor.--The term ``Governor'' means the Governor of
the Commonwealth of Puerto Rico.
(5) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(6) Initial plebiscite.--The term ``initial plebiscite''
means the plebiscite required by section 101(a)(1).
(7) Legislative assembly.--The term ``Legislative
Assembly'' means the Legislative Assembly of Puerto Rico.
(8) Runoff plebiscite.--The term ``runoff plebiscite''
means the plebiscite required by section 101(a)(4).
(9) Status option.--The term ``status option'' means an
option described in section 101(a)(2).
TITLE I--PLEBISCITES
SEC. 101. INITIAL PLEBISCITE; RUNOFF PLEBISCITE.
(a) Requirement.--
(1) Initial plebiscite.--A plebiscite to resolve the
political status of the Commonwealth of Puerto Rico shall be
held on August 4, 2024.
(2) Options.--The initial plebiscite shall offer eligible
voters a choice of 1 of the following 4 options on the ballot:
(A) Independence.
(B) Sovereignty in Free Association with the United
States.
(C) Statehood.
(D) Commonwealth.
(3) Majority vote required.--Approval of a status option
shall be by a majority of the valid votes cast by eligible
voters.
(4) Runoff plebiscite.--If there is not a majority vote in
favor of 1 of the status options in the initial plebiscite, a
runoff plebiscite shall be held on March 16, 2025, which shall
offer eligible voters a choice on the ballot of the 2 status
options that received the most votes in the initial plebiscite.
(b) Ballot Language.--A ballot for a plebiscite required by
subsection (a) shall include the following language:
``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.
``(1) 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. 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 United States law.
``(D) Puerto Rico will no longer be a possession of
the United States for purposes of the Internal Revenue
Code of 1986 (or any successor code). United States
citizens and United States businesses in 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 located abroad) and to Puerto
Rican tax laws. The status of Puerto Rico 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.
``(2) 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. 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 United States law.
``(D) Birth in Puerto Rico shall cease to be a
basis for United States nationality or citizenship,
except that children born in Puerto Rico to parents,
both of whom are United States citizens, shall be
eligible to acquire United States citizenship. The
application process for United States citizenship for
such children shall be similar to the process for
descendants of citizens born in a foreign country,
since the children would be born outside the
jurisdiction of the United States, despite being
children of United States citizens.
``(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
the United States and Puerto Rico under the Articles of
Free Association, 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 of 1986 (or any successor code). United States
citizens and United States businesses in 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 located abroad) and to Puerto
Rican tax laws. The status of Puerto Rico as an
independent, sovereign nation will be the controlling
factor in the taxation of Puerto Rican taxpayers.
Puerto Rico will enter into an agreement with the
United States to provide for `Sovereignty in Free
Association' that may modify the otherwise-applicable
tax rules, subject to negotiation and ratification by
Puerto Rico and the United States.
``(G) The Constitution and 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, security, defense, dispute
resolution, and termination, shall be provided for in
the Articles of Free Association.
``(3) Statehood.--If you agree, mark here _________.
``(A) The State of Puerto Rico shall request
admission into the Union of the United States on an
equal footing with the other States in all respects and
as a part of the permanent Union of the United States,
subject to the Constitution of the United States, with
powers not prohibited by the Constitution of the United
States to the States reserved to the State of Puerto
Rico.
``(B) The residents of Puerto Rico shall, on
admission, be fully self-governing with the rights of
the residents secured under the Constitution of the
United States, 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 of the United States.
``(C) United States citizenship of individuals born
in Puerto Rico is recognized, protected, and secured
under the Constitution of the United States in the same
way citizenship is recognized, protected, and secured
for all United States citizens born in the other
States. Such rights shall be accompanied by the same
responsibilities, including the immediate initiation of
full payment of Federal taxes in the same manner as
residents of the other States. In the event that Puerto
Rico becomes a State of the United States, the
provisions of chapter 2205 of title 36, United States
Code, relating to the exclusive existence of a single
United States Olympic Committee shall apply to Puerto
Rico.
``(D) On admission, Puerto Rico will no longer be
considered to be a possession of the United States for
purposes of the Internal Revenue Code of 1986 (or any
successor code). In lieu of such consideration as a
possession, the State of Puerto Rico will become a
State on equal footing with each of the 50 States in
the United States. Individuals and businesses residing
in the State of Puerto Rico will be subject to United
States Federal tax laws and to tax laws of the State of
Puerto Rico.
``(4) Commonwealth-estado libre asociado.--If you agree,
mark here _________.
``(A) A vote for Commonwealth-Estado Libre Asociado
shall be a mandate to empowerment of the Commonwealth
of Puerto Rico in accordance with the principles and
parameters described in subparagraphs (B) through (E).
``(B) The Commonwealth of Puerto Rico shall be
united to the United States by a formal compact of
political autonomy. The compact shall have the
character of a permanent relationship and shall
establish, as public policy of the United States, that
any modification to the relationship shall be approved
by the people of Puerto Rico by referendum.
``(C) United States citizenship of individuals born
in the Commonwealth of Puerto Rico shall be guaranteed
and protected as provided in the United States
Constitution. The application, protections, and rights
associated with citizenship shall be equal to the
protections and rights of citizens born in the States
of the United States of America.
``(D) Federal laws and programs shall apply to the
Commonwealth of Puerto Rico in accordance with the
provisions of the autonomous compact. However, if the
government of Puerto Rico determines that the enactment
of a Federal law or a specific provision of a statute
or regulation of the United States modifies or affects
the powers granted to the people of Puerto Rico with
respect to self-government, fiscal autonomy, or
cultural identity, the government of Puerto Rico may
request an exemption from the application of the
statute or regulation. The compact shall include an
expedited mediation mechanism to address such claims.
``(E) The compact shall replace the corresponding
provisions of the Act of July 3, 1950 (commonly known
as the `Puerto Rico Federal Relations Act of 1950') (64
Stat. 319, chapter 446), regarding the application of
certain Federal laws that, due to the scope of the
Federal laws, could unilaterally modify the nature of
the political autonomy relationship.''.
(c) Implementation of Plebiscite.--The plebiscites authorized by
this section shall be implemented by the Elections Commission,
consistent with--
(1) the laws of Puerto Rico; and
(2) applicable Federal law.
(d) Results.--The Elections Commission shall submit to the
President, the President pro tempore of the Senate, the Speaker of the
House of Representatives, the Committee on Energy and Natural Resources
of the Senate, and the Committee on Natural Resources of the House of
Representatives--
(1) not later than 30 calendar days after the date on which
the initial plebiscite is held, the results of the initial
plebiscite; and
(2) not later than 30 calendar days after the date on which
a runoff plebiscite is held, if applicable, the results of the
runoff plebiscite.
(e) Jurisdiction of District Court.--The United States District
Court for the District of Puerto Rico shall have original and exclusive
jurisdiction over any civil action alleging a dispute or controversy
relating to a plebiscite conducted under this section.
SEC. 102. NONPARTISAN VOTER EDUCATION CAMPAIGN.
(a) In General.--Subject to section 103, the Elections Commission
shall--
(1) carry out a nonpartisan voter education campaign with
respect to the plebiscites to be conducted under section 101
through traditional paid media; and
(2) make available at all voting locations in the
Commonwealth of Puerto Rico voter education materials relating
to the plebiscites to be conducted under section 101.
(b) Requirements for Voter Education Materials.--At a minimum, the
voter education materials made available under subsection (a)(2) shall
address, for each status option--
(1) international representation;
(2) citizenship and immigration; and
(3) access and treatment under Federal law and programs.
(c) Bilingual Voter Educational Materials and Ballots.--All voter
educational materials and ballots made available for a plebiscite
required by section 101 shall be made available in English and Spanish.
SEC. 103. OVERSIGHT.
(a) Submission of Materials.--The Elections Commission shall submit
to the Attorney General for review--
(1) not later than 60 days after the date of enactment of
this Act--
(A) the ballot design for the initial plebiscite;
and
(B) any voter education materials for the initial
plebiscite to be made available in accordance with
section 102; and
(2) not later than 30 days after the date on which an
initial plebiscite is held in which there is not a majority
vote in favor of 1 of the status options--
(A) the ballot design for the runoff plebiscite;
and
(B) any voter education materials for the runoff
plebiscite to be made available in accordance with
section 102.
(b) Review.--Not later than 45 days after receiving ballot design
and voter education materials under subsection (a), the Attorney
General shall--
(1) review the ballot design and voter education materials
to ensure--
(A) consistency with this Act; and
(B) that each of 4 status options are represented
fairly, particularly if any of the 4 options are not
represented on the Elections Commission by a member of
a political party that supports the status option; and
(2)(A) return the ballot design and voter education
materials to the Elections Commission with comments and
instructions for changes, as applicable; or
(B) inform the Elections Commission that--
(i) no instructions or requests for changes shall
be made under subparagraph (A); but
(ii) 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.
(c) Effect of Failure To Comply.--If the Attorney General fails to
comply with the requirements of subsection (b) within the 45-day period
described in that subsection, the ballot design and voter education
materials submitted under subsection (a) shall be considered to be
approved.
(d) Revision.--Not later than 45 days after receiving comments and
instructions for changes from the Attorney General under subsection
(b)(2), the Elections Commission shall revise the ballot design and
voter education materials in accordance with the comments and
instructions submitted by the Attorney General.
SEC. 104. FUNDS FOR VOTER EDUCATION, PLEBISCITES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary for the Elections Commission to
carry out--
(1) a nonpartisan voter education campaign under section
102; and
(2)(A) an initial plebiscite; and
(B) if necessary, a runoff plebiscite.
(b) Use of Existing Funds.--Notwithstanding any other provision of
the Consolidated Appropriations Act, 2014 (Public Law 113-76; 128 Stat.
5), the unobligated balance of funds made available to carry out a
plebiscite on the status of the Commonwealth of Puerto Rico under
paragraph (1) under the heading ``state and local law enforcement
assistance'' under the heading ``Office of Justice Programs'' under the
heading ``DEPARTMENT OF JUSTICE'' in title II of division B of that Act
(Public Law 113-76; 128 Stat. 61) shall be made available to carry out
this Act.
TITLE II--TRANSITION AND IMPLEMENTATION OF INDEPENDENCE STATUS
SEC. 201. DEFINITIONS.
In this title:
(1) Constitutional convention.--The term ``constitutional
convention'' means a constitutional convention established
under section 202(d)(2).
(2) Proclamation.--The term ``Proclamation'' means a
Presidential proclamation issued under section 208(a).
SEC. 202. CONSTITUTIONAL CONVENTION.
(a) Election of Delegates.--Not later than 180 days after the
effective date of certification of a plebiscite under this Act that
favors independence, the Legislative Assembly 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 under subsection (a).
(c) General Applicability of Electoral Law.--The laws of the
Commonwealth of Puerto Rico relating to the electoral process shall
apply to an election held under subsection (a).
(d) Initial Meeting.--
(1) In general.--Not later than 180 days after the date of
the election of delegates to the constitutional convention
under subsection (a), the elected delegates shall meet at such
time and place as the Legislative Assembly shall determine.
(2) Establishment.--The initial meeting of the elected
delegates to the constitutional convention under paragraph (1)
shall be considered to be the establishment of the
constitutional convention.
SEC. 203. CHARACTER OF THE CONSTITUTION.
The constitutional convention shall formulate and draft a
constitution for the nation of 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 determine to be necessary; and
(5) provisions to ensure that no individual born in the
nation of Puerto Rico shall be stateless at birth.
SEC. 204. SUBMISSION; RATIFICATION.
(a) Submission.--Not later than 1 year after the date of
establishment of the constitutional convention, the Elections
Commission shall submit the constitution formulated and drafted by the
delegates to the constitutional convention to the eligible voters for
ratification or rejection in a special election.
(b) Manner of Election.--The special election held under subsection
(a) shall be held in the manner prescribed by the Legislative Assembly.
(c) Rejection.--If the constitution of the nation of Puerto Rico is
rejected in a special election held under subsection (a), the process
provided for under sections 202 and 203 and subsections (a) and (b)
shall be repeated, except that section 202(a) shall be applied by
substituting--
(1) ``the special election'' for ``a plebiscite''; and
(2) ``rejects the Constitution'' for ``favors
independence''.
SEC. 205. ELECTION OF OFFICERS.
(a) In General.--Not later than 30 days after the date of
ratification of the constitution of the nation of Puerto Rico under
section 204, the Governor shall issue a proclamation calling for the
election of any officers of the nation of Puerto Rico that may be
required by the ratified constitution of the nation of Puerto Rico.
(b) Deadline; Procedures.--The election of the officers under
subsection (a) shall be held--
(1) not later than 180 days after the date of ratification
of the constitution of the nation of Puerto Rico; and
(2) in accordance with the procedures and requirements
established by the constitution of the nation of Puerto Rico.
(c) Certification of Results.--Not later than 10 days after the
date of the election of officers under subsection (a), the Elections
Commission shall certify the results of the election under that
subsection.
(d) Notice.--As soon as practicable after the date of the
certification under subsection (c), the Governor shall submit notice of
the results of the election certified under that subsection to--
(1) the President;
(2) the President pro tempore of the Senate;
(3) the Speaker of the House of Representatives;
(4) the Committee on Energy and Natural Resources of the
Senate; and
(5) the Committee on Natural Resources of the House of
Representatives.
SEC. 206. CONFORMING AMENDMENTS TO EXISTING LAW.
(a) Review.--Not later than 30 days after the initial meeting of
the constitutional convention under section 202(d), the President shall
initiate a review of Federal laws with respect to Puerto Rico,
including Federal laws relating to--
(1) taxation of persons and businesses;
(2) health care;
(3) housing;
(4) transportation;
(5) education; and
(6) entitlement programs.
(b) Recommendations.--Not later than 1 year after the date on which
the President initiates a review under subsection (a), the President
shall submit to Congress recommendations for changes to Federal laws
identified during the review, as the President determines to be
appropriate.
SEC. 207. JOINT TRANSITION COMMISSION.
(a) Appointment.--Not later than 180 days after the date of
establishment of the constitutional convention, a Joint Transition
Commission shall be established, with the President and the presiding
officer of the constitutional convention appointing an equal number of
members to the Joint Transition Commission.
(b) Duties.--The Joint Transition Commission established under
subsection (a) shall--
(1) be responsible for expediting the orderly transfer to
the nation of Puerto Rico of all functions exercised by the
Federal Government in the Commonwealth of Puerto Rico or with
respect to the Commonwealth of Puerto Rico;
(2) develop procedures relating to the operations and
governance of the Joint Transition Commission; and
(3) provide to the appropriate committees of Congress
recommendations for any appropriate legislation to carry out
the transfer under paragraph (1).
(c) Collaboration.--The Commonwealth government and Federal
agencies shall collaborate with the Joint Transition Commission and the
officers of the nation of Puerto Rico to provide for the orderly
transfer of the functions under subsection (b)(1).
SEC. 208. PROCLAMATION BY PRESIDENT.
(a) Proclamation.--Not later than 30 days after the date of
certification of the elected officers of the nation of Puerto Rico
under section 205(c), the President shall, by proclamation--
(1) withdraw and surrender all rights of possession,
supervision, jurisdiction, control, or sovereignty exercised by
the United States over the Commonwealth of Puerto Rico and
residents of the Commonwealth of Puerto Rico on the day before
the date of issuance of the Proclamation;
(2) recognize, on behalf of the United States, the
independence of the nation of Puerto Rico and the authority of
the government of the nation of Puerto Rico adopted by eligible
voters under the constitution of the nation of Puerto Rico; and
(3) state that the effective date of withdrawal of the
sovereignty of the United States and recognition of
independence of the nation of Puerto Rico shall be the date of
issuance of the Proclamation.
(b) Transmission of Proclamation.--Not later than 7 days after the
date of issuance of the Proclamation, the President shall transmit a
copy of the Proclamation to each of--
(1) the presiding officer of the constitutional convention;
(2) the officer elected as head of state of the nation of
Puerto Rico;
(3) the President pro tempore of the Senate;
(4) the Speaker of the House of Representatives;
(5) the Committee on Energy and Natural Resources of the
Senate; and
(6) the Committee on Natural Resources of the House of
Representatives.
(c) Date Government To Take Office.--Not later than 7 days after
the date of receipt of the Proclamation under subsection (b) and with
the advice of the officer elected as head of state of the nation of
Puerto Rico, the presiding officer of the constitutional convention
shall--
(1) determine the date on which the government of the
nation of Puerto Rico shall take office; and
(2) submit notice of the date determined under paragraph
(1) to--
(A) the Governor;
(B) the President;
(C) the President pro tempore of the Senate; and
(D) the Speaker of the House of Representatives.
SEC. 209. LEGAL AND CONSTITUTIONAL PROVISIONS.
On the date of issuance of the Proclamation and except as otherwise
provided in this title or in any agreements between the United States
and the nation of Puerto Rico--
(1) all property, rights, and interests that the United
States may have acquired in the Commonwealth of Puerto Rico
under the Treaty of Peace between the United States of America
and the Kingdom of Spain, signed at Paris on December 10, 1898
(30 Stat. 1754), and otherwise by cession, purchase, or eminent
domain, with the exception of land and other property, rights,
or interests that may have been sold or otherwise legally
disposed of before the date of issuance of the Proclamation,
shall vest in the nation of Puerto Rico; and
(2) except as provided in section 212, all laws of the
United States applicable to the Commonwealth of Puerto Rico on
the day before the date of issuance of the Proclamation shall
no longer apply in the nation of Puerto Rico.
SEC. 210. JUDICIAL PRONOUNCEMENTS.
(a) Judgments Before Proclamation.--The nation of Puerto Rico shall
recognize and give effect to all orders and judgments rendered by
courts of the United States or the Commonwealth of Puerto Rico on the
day before the date of issuance of the Proclamation pursuant to the
laws of the United States applicable to the Commonwealth of Puerto
Rico.
(b) Continuity of Pending Proceedings.--All judicial proceedings
pending in the courts of the Commonwealth of Puerto Rico on the date of
issuance of the Proclamation shall be continued in the corresponding
courts under the constitution of the nation of Puerto Rico.
(c) Transfer of Judicial Power.--
(1) In general.--Beginning on the date of issuance of the
Proclamation--
(A) the judicial power of the United States shall
no longer extend to the nation of Puerto Rico;
(B) any proceeding pending in the United States
District Court for the District of Puerto Rico as of
that date shall be transferred to the applicable court
in the nation of Puerto Rico or other competent
judicial authority under the constitution of the nation
of Puerto Rico for disposition in accordance with laws
applicable on the date on which the controversy that is
the subject of the proceeding arose; and
(C) any proceeding pending in the United States
Court of Appeals for the First Circuit or in the
Supreme Court of the United States as of that date that
initiated in, or that could have been initiated in, the
courts of the Commonwealth of Puerto Rico or in the
United States District Court for the District of Puerto
Rico shall--
(i) continue until the date of final
disposition; and
(ii) be submitted to the competent
authority of the nation of Puerto Rico for
proper execution.
(2) Exception.--Notwithstanding paragraph (1), if the
United States or any officer of the United States is a party to
a proceeding described in subparagraph (B) or (C) of that
paragraph, any final judgment in that proceeding shall be
properly executed by the competent authority of the United
States.
SEC. 211. CITIZENSHIP AND IMMIGRATION LAWS AFTER PUERTO RICAN
INDEPENDENCE.
(a) Citizenship Status.--
(1) Puerto rican nationality.--Beginning on the date of
issuance of the Proclamation, 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 provided in
this section, beginning on the date of issuance of the
Proclamation, a citizen of Puerto Rico seeking to enter into
the United States or obtain citizenship in the United States
shall be subject to the immigration laws.
(b) Effect of Puerto Rican Citizenship.--
(1) In general.--Except as provided in paragraph (2),
nothing in this title precludes or limits the applicability of
section 349 of the Immigration and Nationality Act (8 U.S.C.
1481).
(2) Exception.--The provision of citizenship by the laws of
the nation of Puerto Rico under subsection (a)(1) shall not
constitute, or otherwise serve as the basis of, loss or
relinquishment of United States citizenship under section 349
of the Immigration and Nationality Act (8 U.S.C. 1481).
(c) Citizenship at Birth After Independence.--An individual born in
the nation of Puerto Rico after the date of issuance of the
Proclamation to at least 1 parent who became a United States citizen
under section 302 of the Immigration and Nationality Act (8 U.S.C.
1402) shall not be considered to be a United States citizen at birth
under subsection (c), (d), or (g) of section 301 of that Act (8 U.S.C.
1401).
(d) Travel and Work Authorization.--
(1) In general.--An individual in any of the following
categories may enter, lawfully engage in occupations, and
establish residence as a nonimmigrant in the United States and
territories and possessions of the United States without regard
to paragraphs (5)(A) and (7) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)):
(A) An individual who acquires citizenship of
Puerto Rico at birth, on or after the date of issuance
of the Proclamation.
(B) A naturalized citizen of Puerto Rico who--
(i) has been an actual resident of Puerto
Rico for not fewer than 5 years after attaining
naturalization; and
(ii) holds a proof of that residence.
(2) Employment permission.--An individual described in
subparagraph (A) or (B) of paragraph (1) shall be considered to
have the permission of the Secretary of Homeland Security to
accept employment in the United States.
(3) Limitations.--The right of an individual described in
subparagraph (A) or (B) of paragraph (1) to establish habitual
residence in a territory or possession of the United States may
be subjected to nondiscriminatory limitations provided for--
(A) in laws or regulations of the United States; or
(B) in laws or regulations of the applicable
territory or possession that are authorized by Federal
law.
(4) Termination of effectiveness.--This subsection shall
expire on the date that is 25 years after the date of issuance
of the Proclamation.
(e) Conforming Amendments.--
(1) In general.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended--
(A) in paragraph (36), by striking ``Puerto
Rico,''; and
(B) in paragraph (38), by striking ``Puerto
Rico,''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of issuance of the Proclamation.
(f) Rule of Construction.--Nothing in this section limits the
authority of the United States to change any requirement for United
States citizenship.
SEC. 212. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS AND GRANTS.
(a) Rights and Benefits.--
(1) In general.--Any vested rights and benefits that accrue
to residents of the Commonwealth of Puerto Rico under the laws
of the United States from past services or contributions, such
as rights and benefits for veterans of the Armed Forces or
eligible relatives of veterans of the Armed Forces, retired
Federal Government employees, or beneficiaries of old age,
disability, or survivor benefits under the Social Security Act
(42 U.S.C. 301 et seq.), shall not be interrupted after the
date of issuance of the Proclamation, but shall continue until
the date on which the rights and benefits are extinguished
according to applicable Federal law.
(2) Agreement required.--All services to be provided as
part of the rights and benefits described in paragraph (1)
shall be made available through the government of the nation of
Puerto Rico in accordance with agreements entered into by the
government of the nation of Puerto Rico and the Government of
the United States.
(b) Social Security System.--
(1) In general.--Notwithstanding subsection (a) and subject
to paragraph (2), the Secretary of the Treasury shall transfer
all contributions made by employees and employers in the
Commonwealth of Puerto Rico to the Social Security system under
the Social Security Act (42 U.S.C. 301 et seq.) with respect to
individuals who, as of the date of issuance of the
Proclamation, are residents of the nation of Puerto Rico and
are not yet eligible for old age, disability, or survivor
benefits under the Social Security system to the government of
the nation of Puerto Rico on the date on which the government
of the nation of Puerto Rico establishes a social security
system for the nation of Puerto Rico.
(2) Use of funds.--The government of the nation of Puerto
Rico may not use the amounts transferred under paragraph (1)
for any purpose other than the establishment and operation of a
social security system for the nation of Puerto Rico.
(3) Obligations.--On the transfer of the amounts under
paragraph (1), the obligations of the Federal Government under
the Social Security Act (42 U.S.C. 301 et seq.) with respect to
the residents of the nation of Puerto Rico shall cease.
(c) Other Federal Transfer Payments.--
(1) Block grants.--Any Federal transfer payments to
individuals and to the Commonwealth government not described in
subsection (a) or (b) shall be maintained in the form of annual
block grants to be used by the government of the nation of
Puerto Rico at the discretion of the government of the nation
of Puerto Rico.
(2) Annual aggregate funding.--During the 10-fiscal-year
period beginning on the date of issuance of the Proclamation,
the amount of an annual block grant described in paragraph (1)
shall be equal to the greater of--
(A) the annual aggregate funding of all programs
described in that paragraph that extend to the
Commonwealth of Puerto Rico during the applicable
fiscal year; and
(B) the annual aggregate funding of all programs
described in that paragraph that were extended to the
Commonwealth of Puerto Rico during the fiscal year
immediately prior to the date of issuance of the
Proclamation.
(3) Decrease in amount.--Beginning in the 11th fiscal year
after the date of issuance of the Proclamation, the amount of
the annual block grants described in paragraph (1), as
calculated under paragraph (2), shall decrease at the rate of
10 percent each year.
(4) Modification of terms.--The terms of this subsection
may be modified by agreement between the United States and the
nation of Puerto Rico.
TITLE III--TRANSITION AND IMPLEMENTATION OF SOVEREIGNTY IN FREE
ASSOCIATION WITH THE UNITED STATES OPTION
SEC. 301. DEFINITIONS.
In this title:
(1) Constitutional convention.--The term ``constitutional
convention'' means a constitutional convention established
under section 302(d)(2).
(2) Proclamation.--The term ``Proclamation'' means a
Presidential proclamation issued under section 307(a).
SEC. 302. CONSTITUTIONAL CONVENTION.
(a) Election of Delegates.--Not later than 180 days after the
effective date of certification of a plebiscite under this Act that
favors sovereignty in free association with the United States, the
Legislative Assembly 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 under subsection (a).
(c) General Applicability of Electoral Law.--The laws of the
Commonwealth of Puerto Rico relating to the electoral process shall
apply to an election held under subsection (a).
(d) Initial Meeting.--
(1) In general.--Not later than 180 days after the date of
the election of delegates to the constitutional convention
under subsection (a), the elected delegates shall meet at such
time and place as the Legislative Assembly shall determine.
(2) Establishment.--The initial meeting of the elected
delegates to the constitutional convention under paragraph (1)
shall be considered to be the establishment of the
constitutional convention.
SEC. 303. CHARACTER OF THE CONSTITUTION.
The constitutional convention shall formulate and draft a
constitution for the nation of 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 determine to be necessary; and
(5) provisions to ensure that no individual born in the
nation of Puerto Rico shall be stateless at birth.
SEC. 304. SUBMISSION; RATIFICATION.
(a) Submission.--Not later than 2 years after the date of
establishment of the constitutional convention, the Elections
Commission shall submit the constitution formulated and drafted by the
delegates to the constitutional convention to the eligible voters for
ratification or rejection in a special election.
(b) Manner of Election.--The special election held under subsection
(a) shall be held in the manner prescribed by the Legislative Assembly.
(c) Rejection.--If the constitution of the nation of Puerto Rico is
rejected in a special election held under subsection (a), the process
provided for under sections 302 and 303 and subsections (a) and (b)
shall be repeated, except that section 302(a) shall be applied by
substituting--
(1) ``the special election'' for ``a plebiscite''; and
(2) ``rejects the Constitution'' for ``favors sovereignty
in free association with the United States''.
SEC. 305. ELECTION OF OFFICERS.
(a) In General.--Not later than 30 days after the date of
ratification of the constitution of the nation of Puerto Rico under
section 304, the Governor shall issue a proclamation calling for the
election of any officers of the nation of Puerto Rico that may be
required by the ratified constitution of the nation of Puerto Rico.
(b) Deadline; Procedures.--The election of the officers under
subsection (a) shall be held--
(1) not later than 180 days after the date of ratification
of the constitution of the nation of Puerto Rico; and
(2) in accordance with the procedures and requirements
established by the constitution of the nation of Puerto Rico.
(c) Certification of Results.--Not later than 10 days after the
date of the election of officers under subsection (a), the Elections
Commission shall certify the results of the election under that
subsection.
(d) Notice.--As soon as practicable after the date of the
certification under subsection (c), the Governor shall submit notice of
the results of the election certified under that subsection to--
(1) the President;
(2) the President pro tempore of the Senate;
(3) the Speaker of the House of Representatives;
(4) the Committee on Energy and Natural Resources of the
Senate; and
(5) the Committee on Natural Resources of the House of
Representatives.
SEC. 306. CONFORMING AMENDMENTS TO EXISTING LAW.
(a) Review.--Not later than 30 days after the initial meeting of
the constitutional convention under section 302(d), the President shall
initiate a review of Federal laws with respect to Puerto Rico,
including Federal laws relating to--
(1) taxation of persons and businesses;
(2) health care;
(3) housing;
(4) transportation;
(5) education; and
(6) entitlement programs.
(b) Recommendations.--Not later than 1 year after the date on which
the President initiates a review under subsection (a), the President
shall submit to Congress recommendations for changes to Federal laws
identified during the review, as the President determines to be
appropriate.
SEC. 307. PROCLAMATION BY PRESIDENT; HEAD OF STATE OF THE NATION PUERTO
RICO.
(a) Proclamation.--Not later than 30 days after the date of
certification of the elected officers of the nation of Puerto Rico
under section 305(c), the President shall, by proclamation--
(1) withdraw and surrender all rights of possession,
supervision, jurisdiction, control, or sovereignty exercised by
the United States over the Commonwealth of Puerto Rico and
residents of the Commonwealth of Puerto Rico on the day before
the date of issuance of the Proclamation;
(2) recognize, on behalf of the United States, the
international sovereignty through free association of the
nation of Puerto Rico and the authority of the government of
the nation of Puerto Rico instituted by eligible voters under
the constitution of the nation of Puerto Rico; 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
date of issuance of the Proclamation.
(b) Transmission of Proclamation.--Not later than 7 days after the
date of issuance of the Proclamation, the President shall transmit a
copy of the Proclamation to--
(1) the presiding officer of the constitutional convention;
(2) the officer elected as head of state of the nation of
Puerto Rico;
(3) the President pro tempore of the Senate;
(4) the Speaker of the House of Representatives;
(5) the Committee on Energy and Natural Resources of the
Senate; and
(6) the Committee on Natural Resources of the House of
Representatives.
(c) Date Government To Take Office.--Not later than 7 days after
the date of receipt of the Proclamation under subsection (b) and with
the advice of the officer elected as head of state of the nation of
Puerto Rico, the presiding officer of the constitutional convention
shall--
(1) determine the date on which the government of the
nation of Puerto Rico shall take office; and
(2) submit notice of the date determined under paragraph
(1) to--
(A) the Governor;
(B) the President;
(C) the President pro tempore of the Senate; and
(D) the Speaker of the House of Representatives.
SEC. 308. LEGAL AND CONSTITUTIONAL PROVISIONS.
On the date of issuance of the Proclamation and except as otherwise
provided in this title or in any agreements between the United States
and the nation of Puerto Rico--
(1) all property, rights, and interests that the United
States may have acquired in and to the Commonwealth of Puerto
Rico under the Treaty of Peace between the United States of
America and the Kingdom of Spain, signed at Paris on December
10, 1898 (30 Stat. 1754), and otherwise by cession, purchase,
or eminent domain, with the exception of land and other
property, rights, or interests that may have been sold or
otherwise legally disposed of before the date of issuance of
the Proclamation, shall vest in the nation of Puerto Rico; and
(2) except as provided in section 313, all laws of the
United States applicable to the Commonwealth of Puerto Rico on
the day before the date of issuance of the Proclamation shall
no longer apply in the nation of Puerto Rico.
SEC. 309. JUDICIAL PRONOUNCEMENTS.
(a) Judgments Before Proclamation.--The nation of Puerto Rico shall
recognize and give effect to all orders and judgments rendered by
courts of the United States or the Commonwealth of Puerto Rico on the
day before the date of issuance of the Proclamation pursuant to the
laws of the United States applicable to the Commonwealth of Puerto
Rico.
(b) Continuity of Pending Proceedings.--All judicial proceedings
pending in the courts of the Commonwealth of Puerto Rico on the date of
issuance of the Proclamation shall be continued in the corresponding
courts under the constitution of the nation of Puerto Rico.
(c) Transfer of Judicial Power.--
(1) In general.--Beginning on the date of issuance of the
Proclamation--
(A) the judicial power of the United States shall
no longer extend to the nation of Puerto Rico;
(B) any proceeding pending in the United States
District Court for the District of Puerto Rico as of
that date shall be transferred to the applicable court
in the nation of Puerto Rico or other competent
judicial authority under the constitution of the nation
of Puerto Rico for disposition in accordance with laws
applicable on the date on which the controversy that is
the subject of the proceeding arose; and
(C) any proceeding pending in the United States
Court of Appeals for the First Circuit or in the
Supreme Court of the United States as of that date that
initiated in, or that could have been initiated in, the
courts of the Commonwealth of Puerto Rico or in the
United States District Court for the District of Puerto
Rico shall--
(i) continue until the date of final
disposition; and
(ii) be submitted to the competent
authority of the nation of Puerto Rico for
proper execution.
(2) Exception.--Notwithstanding paragraph (1), if the
United States or any officer of the United States is a party to
a proceeding described in subparagraph (B) or (C) of that
paragraph, any final judgment in that proceeding shall be
properly executed by the competent authority of the United
States.
SEC. 310. CITIZENSHIP AND IMMIGRATION LAWS AFTER SOVEREIGNTY THROUGH
FREE ASSOCIATION.
(a) Citizenship Status.--
(1) Puerto rican nationality.--Beginning on the date of
issuance of the Proclamation, 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 provided in
this section, beginning on the date of issuance of the
Proclamation, a citizen of Puerto Rico seeking to enter into
the United States or obtain citizenship in the United States
shall be subject to the immigration laws.
(b) Effect of Puerto Rican Citizenship.--
(1) In general.--Except as provided in paragraph (2),
nothing in this title precludes or limits the applicability of
section 349 of the Immigration and Nationality Act (8 U.S.C.
1481).
(2) Exception.--The provision of citizenship by the laws of
the nation of Puerto Rico under subsection (a)(1) shall not
constitute, or otherwise serve as the basis of, loss or
relinquishment of United States citizenship under section 349
of the Immigration and Nationality Act (8 U.S.C. 1481).
(c) Citizenship at Birth After Sovereignty.--
(1) In general.--Except as provided in paragraph (2), an
individual born in the nation of Puerto Rico after the date of
issuance of the Proclamation to at least 1 parent who became a
United States citizen under section 302 of the Immigration and
Nationality Act (8 U.S.C. 1402) shall not be considered to be a
United States citizen at birth under subsection (c), (d), or
(g) of section 301 of that Act (8 U.S.C. 1401).
(2) Transition period.--During the period beginning on the
effective date of certification of a plebiscite under this Act
that favors sovereignty in free association with the United
States and ending on the date of issuance of the Proclamation,
an individual born in the nation of Puerto Rico to 2 parents
who are citizens of the United States shall be considered to be
a United States citizen at birth under section 301(c) of the
Immigration and Nationality Act (8 U.S.C. 1401(c)) if the
individual is otherwise eligible for United States citizenship.
(d) Travel and Work Authorization.--
(1) In general.--An individual in any of the following
categories may enter, lawfully engage in occupations, and
establish residence as a nonimmigrant in the United States and
territories and possessions of the United States without regard
to paragraphs (5)(A) and (7) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)):
(A) An individual who acquires citizenship of
Puerto Rico at birth, on or after the date of issuance
of the Proclamation.
(B) A naturalized citizen of Puerto Rico who--
(i) has been an actual resident of Puerto
Rico for not fewer than 5 years after attaining
naturalization; and
(ii) holds a proof of that residence.
(2) Employment permission.--An individual described in
subparagraph (A) or (B) of paragraph (1) shall be considered to
have the permission of the Secretary of Homeland Security to
accept employment in the United States.
(3) Limitations.--The right of an individual described in
subparagraph (A) or (B) of paragraph (1) to establish habitual
residence in a territory or possession of the United States may
be subjected to nondiscriminatory limitations provided for--
(A) in laws or regulations of the United States; or
(B) in laws or regulations of the applicable
territory or possession that are authorized by Federal
law.
(4) Termination of effectiveness.--This subsection shall
expire on termination of the articles of free association in
accordance with section 312(c).
(e) Conforming Amendments.--
(1) In general.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended--
(A) in paragraph (36), by striking ``Puerto
Rico,''; and
(B) in paragraph (38), by striking ``Puerto
Rico,''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of issuance of the Proclamation.
(f) Rule of Construction.--Nothing in this section limits the
authority of the United States to change any requirement for United
States citizenship.
SEC. 311. 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 established, in accordance with this section, a
commission, to be known as the ``Bilateral Negotiating Commission'',
which shall conduct negotiations on articles of free association with
the United States.
(b) Members.--Not later than 90 days after the date of
establishment of the constitutional convention--
(1) the constitutional convention shall elect, by majority
vote of the delegates to the constitutional convention, 5
members from among the delegates of the constitutional
convention to join the Bilateral Negotiating Commission on
behalf of Puerto Rico; and
(2) the President shall appoint 5 members to the Bilateral
Negotiating Commission, 1 of whom shall be nominated as
ambassador, to negotiate on behalf of the United States.
(c) Initial Meeting.--
(1) In general.--Not later than 180 days after the date of
the election and appointment of the members to the Bilateral
Negotiating Commission under subsection (b), the members of the
Bilateral Negotiating Commission shall meet at such time and
place as the Legislative Assembly determines to be appropriate.
(2) Establishment.--The initial meeting under paragraph (1)
shall be considered to be the establishment of the Bilateral
Negotiating Commission.
(d) Duties.--The Bilateral Negotiating Commission shall--
(1) be responsible for expediting the orderly transfer to
the nation of Puerto Rico of all functions exercised on the day
before the date of the Proclamation by the Government of the
United States in the Commonwealth of Puerto Rico;
(2) provide to Congress recommendations on any appropriate
legislation to carry out the transfer under paragraph (1),
including such appropriate enabling legislation as may be
required by the articles of free association;
(3) 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, security, and defense, dispute resolution,
immigration, economic benefits (including grants), and
termination of the free association status; and
(4) to the maximum extent practicable, complete the
articles of free association not later than 2 years after the
date of establishment of the constitutional convention.
(e) Collaboration.--The Commonwealth government and Federal
agencies 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 completed under this
section.
SEC. 312. ARTICLES OF FREE ASSOCIATION APPROVAL, EFFECTIVE DATE, AND
TERMINATION.
(a) Approval.--The articles of free association completed by the
Bilateral Negotiating Commission under section 311 shall take effect on
mutual agreement between the Government of the United States and the
Government of Puerto Rico after approval by--
(1) a separate ratification vote on the articles of free
association by the eligible voters in the special election held
under section 304; and
(2) the Government of the United States, in accordance with
procedures under the Constitution of the United States.
(b) Rejection.--If a special election under subsection (a)(1)
results in rejection of the articles of free association, the process
provided for in section 311 and subsection (a) shall be repeated.
(c) Termination.--The articles of free association between the
United States and the nation of Puerto Rico approved under this section
may be terminated at will by the United States or the nation of Puerto
Rico at any time.
SEC. 313. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS AND GRANTS.
(a) Rights and Benefits.--
(1) In general.--Any vested rights and benefits that accrue
to residents of the Commonwealth of Puerto Rico under the laws
of the United States from past services or contributions, such
as rights and benefits for veterans of the Armed Forces or
relatives of veterans of the Armed Forces, retired Federal
Government employees, or beneficiaries of old age, disability,
or survivor benefits under the Social Security Act (42 U.S.C.
301 et seq.), shall not be interrupted after the date of
issuance of the Proclamation, but shall continue until the date
on which the rights and benefits are extinguished according to
applicable Federal law.
(2) Agreement required.--All services to be provided as
part of the rights and benefits described in paragraph (1)
shall be made available through the government of the nation of
Puerto Rico in accordance with agreements entered into by the
government of the nation of Puerto Rico and the Government of
the United States.
(b) Social Security System.--
(1) In general.--Notwithstanding subsection (a) and subject
to paragraph (2), on the date on which the government of the
nation of Puerto Rico establishes a social security system for
the nation of Puerto Rico, the Secretary of the Treasury shall
transfer to the government of the nation of Puerto Rico all
contributions made by employees and employers in the
Commonwealth of Puerto Rico to the Social Security system under
the Social Security Act (42 U.S.C. 301 et seq.) with respect to
individuals who, as of the date of issuance of the
Proclamation, are residents of the nation of Puerto Rico and
are not yet eligible for old age, disability, or survivor
benefits under the Social Security system under the Social
Security Act (42 U.S.C. 301 et seq.).
(2) Use of funds.--The government of the nation of Puerto
Rico may not use the amounts transferred under paragraph (1)
for any purpose other than the establishment and operation of a
social security system for the nation of Puerto Rico.
(3) Obligations.--On the transfer of the amounts under
paragraph (1), the obligations of the United States Government
under the Social Security Act (42 U.S.C. 301 et seq.) with
respect to residents of the nation of Puerto Rico shall cease.
(c) Other Federal Transfer Payments.--
(1) In general.--Any Federal transfer payments to
individuals and to the Commonwealth government not described in
subsection (a) or (b) shall be maintained in the form of annual
block grants to be used by the government of the nation of
Puerto Rico at the discretion of the government of the nation
of Puerto Rico.
(2) Annual aggregate funding.--During the 10-fiscal-year
period beginning on the date of issuance of the Proclamation,
the amount of an annual block grant described in paragraph (1)
shall be equal to the greater of--
(A) the annual aggregate funding of all programs
described in that paragraph that extend to the
Commonwealth of Puerto Rico during the applicable
fiscal year; and
(B) the annual aggregate funding of all programs
described in that paragraph that have been extended to
the Commonwealth of Puerto Rico during the fiscal year
immediately prior to the date of issuance of the
Proclamation.
(3) Decrease in amount.--Beginning in the 11th fiscal year
after the date of issuance of the Proclamation, the amount of
the annual block grants described in paragraph (1), as
calculated under paragraph (2), shall decrease at the rate of
10 percent each year.
(4) Modification of terms.--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 subsections (a) and (b)
may be revised as part of an agreement under the articles of free
association approved under section 312.
TITLE IV--TRANSITION AND IMPLEMENTATION OF STATEHOOD STATUS
SEC. 401. DEFINITIONS.
In this title:
(1) Admission date.--The term ``admission date'' means the
date on which the Commonwealth of Puerto Rico is admitted as a
State of the Union of the United States, as established under
section 402(b)(1).
(2) Proclamation.--The term ``Proclamation'' means a
Presidential proclamation issued under section 402(b)(1).
SEC. 402. PUERTO RICO READINESS FOR STATEHOOD; PRESIDENTIAL
PROCLAMATION; ADMISSION INTO THE UNION OF THE UNITED
STATES.
(a) Assessment of Readiness for Statehood.--
(1) In general.--On receipt of a certification of the
plebiscite results of the Elections Commission pursuant to
section 101(d) in which the statehood status option is favored,
the Comptroller General of the United States shall conduct a
study on the readiness of the Commonwealth of Puerto Rico for
statehood, under which the Comptroller General of the United
States shall examine--
(A) whether the majority of eligible voters that
voted for statehood in the plebiscite reflects a
sufficiently stable majority such that it is likely
that the majority of the eligible votes would not
revert to a minority of eligible voters in a future
plebiscite;
(B) whether the proposed new State, with a per
capita income of $13,318, according to the 2020
decennial census, has sufficient resources--
(i) to support the State government;
(ii) to meet the restructured debt payment
obligations, as set forth in the applicable
plan of adjustment filed under section 312 of
PROMESA (48 U.S.C. 2172); and
(iii) to provide the applicable State share
of the costs of the Federal Government,
including demonstrating the capacity to comply
with full payment of Federal taxes and other
contributions in the same manner as existing
States of the United States; and
(C) the impact on existing States of the United
States and the United States as a whole of--
(i) the fact that the population of the
Commonwealth of Puerto Rico--
(I) is greater than the population
of 29 other States; and
(II) is greater than the population
of any State as of the date on which
the State entered the Union of the
United States;
(ii) the fact that, of the 98.7 percent of
the population of the Commonwealth of Puerto
Rico that is Hispanic, a substantial proportion
considers Puerto Rico to be a Spanish-speaking,
Latino nation; and
(iii) the fact that 43.4 percent of the
population of the Commonwealth of Puerto Rico
is below the poverty line, according to the
2020 decennial census.
(2) Deadline.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a
report describing the results of the study under paragraph (1).
(3) Vote.--As soon as practicable after the date of
submission of the study under paragraph (2), the Senate and the
House of Representatives shall each hold a vote on the
admission of the Commonwealth of Puerto Rico as a State of the
Union of the United States.
(b) Presidential Proclamation; Date of Admission.--
(1) In general.--On receipt of notice of a majority vote in
the Senate and the House of Representatives in favor of the
admission of the Commonwealth of Puerto Rico as a State of the
Union of the United States under subsection (a)(3), the
President shall issue a proclamation declaring the date on
which the Commonwealth of Puerto Rico is admitted as a State of
the Union of the United States, subject to paragraph (2).
(2) Requirement.--The date referred to in paragraph (1)
shall be a date not later than 1 year after the date on which
the President receives the notice under that paragraph.
(3) Submission of proclamation.--The President shall submit
the Proclamation to--
(A) the Governor;
(B) the President pro tempore of the Senate;
(C) the Speaker of the House of Representatives;
(D) the Committee on Energy and Natural Resources
of the Senate; and
(E) the Committee on Natural Resources of the House
of Representatives.
(4) Admission into the union of the united states.--
(A) In general.--Subject to the provisions of this
Act, on the admission date, the Commonwealth of Puerto
Rico shall be a State of the United States and admitted
into the Union of the United States on an equal footing
with the other States in all respects.
(B) Designation.--On admission into the Union of
the United States under subparagraph (A), the
Commonwealth of Puerto Rico shall be known as ``the
State of Puerto Rico''.
(C) Incorporation.--The Commonwealth of Puerto Rico
shall remain unincorporated until the admission date.
SEC. 403. CONFORMING AMENDMENTS TO EXISTING LAW.
(a) Review.--Not later than 30 days after the date of certification
of the plebiscite results of the Elections Commission pursuant to
section 101(d) in which the statehood status option is favored, the
President shall initiate a review of Federal laws with respect to
Puerto Rico, including Federal laws relating to--
(1) taxation of persons and businesses;
(2) health care;
(3) housing;
(4) transportation;
(5) education; and
(6) entitlement programs.
(b) Recommendations.--Not later than 1 year after the date on which
the President initiates a review under subsection (a), the President
shall submit to Congress recommendations for changes to Federal laws
identified during the review, as the President determines to be
appropriate.
SEC. 404. TERRITORY AND BOUNDARIES.
The State of Puerto Rico shall consist of all of the islands,
appurtenant reefs, seafloor, submerged land, and territorial waters in
the seaward boundary under the jurisdiction of the Commonwealth of
Puerto Rico on the day before the admission date.
SEC. 405. CONSTITUTION.
(a) Finding; Declaration.--Congress--
(1) finds that the constitution of the Commonwealth of
Puerto Rico approved by Public Law 82-447 (66 Stat. 327,
chapter 567), as subsequently amended and in effect as of the
day before the date of enactment of this Act is--
(A) republican in form; and
(B) in conformity with the Constitution of the
United States and the principles of the Declaration of
Independence; and
(2) declares that the constitution of the Commonwealth of
Puerto Rico approved by Public Law 82-447 (66 Stat. 327,
chapter 567), as subsequently amended and in effect as of the
day before the date of enactment of this Act, is accepted,
ratified, and confirmed as the constitution of the State of
Puerto Rico.
(b) Requirement.--The constitution of the State of Puerto Rico--
(1) shall remain republican in form; and
(2) shall not be repugnant to--
(A) the Constitution of the United States; or
(B) the principles of the Declaration of
Independence.
SEC. 406. ELECTIONS OF SENATORS AND REPRESENTATIVES; CERTIFICATION;
JURISDICTION.
(a) Elections of Senators and Representatives.--Not later than 30
days after the date of issuance of the Proclamation, the Governor shall
issue a declaration to designate and announce the dates and other
requirements for primary and general elections under applicable Federal
and local law for representation of the State of Puerto Rico in the
Senate and the House of Representatives on admission of the State of
Puerto Rico into the Union of the United States.
(b) Resident Commissioner.--The office of Resident Commissioner of
Puerto Rico shall cease to exist on the swearing in of the first Member
of the House of Representatives from the State of Puerto Rico.
(c) Senators and Representatives.--
(1) In general.--On admission into the Union of the United
States, the State of Puerto Rico shall be entitled to
representation in the Senate and House of Representatives, with
the Senators and Representatives from the State of Puerto Rico
entitled--
(A) to be admitted to seats in Congress; and
(B) to all the rights and privileges of Senators
and Representatives of the other States in Congress.
(2) First election of senators.--
(A) In general.--In the first election of Senators
from the State of Puerto Rico held after the admission
date--
(i) the 2 senatorial offices shall be
separately identified and designated; and
(ii) no individual may be a candidate for
both Senatorial offices designated under clause
(i).
(B) Effect.--Nothing in this paragraph affects the
privilege of the Senate to determine the class and term
to which each of the Senators elected under this
paragraph shall be assigned, except that the 2 Senators
may not be in same class.
(3) Election of representatives.--
(A) Initial elections.--
(i) In general.--In the first election of
Representatives from the State of Puerto Rico
held after the admission date and each election
thereafter until the first census-based
reapportionment election held after the
admission date--
(I) the State of Puerto Rico shall
be entitled to the same number of
Representatives as the State, the most
recent census population of which was
closest to, but not more than, the
population of the State of Puerto Rico;
and
(II) the Representatives elected
shall be in addition to the number of
Members of the House of Representatives
as prescribed by law.
(ii) Increase.--Any temporary increase in
the membership in the number of Members of the
House of Representatives under clause (i)(II)
shall not--
(I) increase or decrease the
permanent membership of the House of
Representatives as prescribed in
sections 1 and 2 of the Act entitled
``An Act for the apportionment of
Representatives in Congress among the
several States under the Thirteenth
Census'', approved August 8, 1911 (2
U.S.C. 2); or
(II) affect the basis of
reapportionment established by section
22 of the Act entitled ``An Act to
provide for the fifteenth and
subsequent decennial censuses and to
provide for apportionment of
Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), unless
Congress increases the total number of
Members of the House of
Representatives.
(B) Census-based reapportionment elections.--
(i) In general.--During the first census-
based reapportionment election held after the
admission date and each election thereafter,
the State of Puerto Rico shall be entitled to
the number of Representatives as provided for
by applicable law, based on the applicable
reapportionment.
(ii) Applicable law.--The apportionment of
congressional districts for an election under
clause (i) 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.--
(1) In general.--The Elections Commission shall certify the
results of the initial primary and general elections for
representation in the Senate and the House of Representatives
from the State of Puerto Rico under paragraph (2) or (3)(A) of
subsection (c) to the Governor of the State of Puerto Rico.
(2) Transmission; declaration.--Not later than 10 days
after the date of a certification under paragraph (1), the
Governor of the State of Puerto Rico shall--
(A) declare the results of the primary or general
election, as applicable; and
(B) transmit the results of the election to--
(i) the President;
(ii) the President pro tempore of the
Senate; and
(iii) 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 over any civil action alleging a dispute or controversy
relating to any electoral process conducted under this section.
SEC. 407. STATE TITLE TO LAND AND PROPERTY.
(a) State Title.--The State of Puerto Rico and political
subdivisions of the State of Puerto Rico shall have and retain title in
and to all property, real and personal, held by the Commonwealth of
Puerto Rico and political subdivisions of the Commonwealth of Puerto
Rico on the day before the admission date.
(b) Federal Title.--There shall remain the property of the United
States any land and other property that, as of the admission date, is
set aside for the use of the United States under--
(1) an Act of Congress;
(2) an Executive order;
(3) a Presidential proclamation; or
(4) a proclamation of the Governor.
(c) Outer Continental Shelf.--
(1) State of puerto rico.--The State of Puerto Rico shall
have the exclusive right to explore, exploit, lease, possess,
and use all seabed and natural and mineral resources lying
within 3 marine leagues or 9 nautical miles from the shoreline
of the State of Puerto Rico, as granted under section 8 of the
Act of March 2, 1917 (39 Stat. 954, chapter 145; 48 U.S.C.
749).
(2) United states.--All other rights of sovereignty with
respect to the outer Continental Shelf of the State of Puerto
Rico shall belong to the United States, except in cases in
which the rights are vested in the Commonwealth of Puerto Rico
on the day before the admission date.
SEC. 408. CONTINUITY OF LAWS, GOVERNMENT, AND OBLIGATIONS.
As of the admission date--
(1) all of the territorial laws in effect in the
Commonwealth of Puerto Rico on the date of issuance of the
Proclamation that are not inconsistent with this Act or the
constitution of the State of Puerto Rico shall continue in
force and effect throughout the State of Puerto Rico, until
amended, modified, or repealed by the State of Puerto Rico;
(2) all of the laws of the United States shall have the
same force and effect within the State of Puerto Rico as in the
other States;
(3) the individuals holding legislative, executive, and
judicial offices of the Commonwealth of Puerto Rico shall
continue to discharge the duties of the respective offices in,
under, or by authority of the government of the State of Puerto
Rico, as provided by the constitution and laws of the State;
(4) all contracts, obligations, liabilities, debts, and
claims of the Commonwealth of Puerto Rico and instrumentalities
of the Commonwealth of Puerto Rico in effect on the admission
date shall continue in full force and effect as the contracts,
obligations, liabilities, debts, and claims of the State of
Puerto Rico and instrumentalities of the State of Puerto Rico;
and
(5) all laws of the United States reserving to the United
States the free use or enjoyment of property that vests in or
is conveyed to the State of Puerto Rico or political
subdivisions of the State of Puerto Rico pursuant to this
section or reserving the right to alter, amend, or repeal laws
relating to the property shall cease to be effective.
SEC. 409. JUDICIAL PRONOUNCEMENTS.
(a) Pending.--A writ, action, indictment, cause, or proceeding
pending in any court of the Commonwealth of Puerto Rico as of the
admission date--
(1) shall not abate by reason of the admission of the State
of Puerto Rico into the Union of the United States; but
(2) shall, as the nature of the case may require--
(A) proceed within any appropriate State court
established under the constitution of the State of
Puerto Rico; or
(B) continue in the United States District Court
for the District of Puerto Rico.
(b) Not Yet Pending.--
(1) In general.--Any civil cause of action or criminal
offense that arose or was committed before the admission date,
but with respect to which no writ, action, indictment, or
proceeding is pending on the admission date, shall be subject
to prosecution in the appropriate State court or in the United
States District Court for the District of Puerto Rico, to the
same extent, and with the same right of appellate review, as if
the State court had been established before the accrual of the
cause of action or the commission of the offense.
(2) Procedural or substantive laws.--
(A) In general.--The admission of the State of
Puerto Rico into the Union of the United States shall
not affect a change in the procedural or substantive
laws with respect to a cause of action or criminal
offense that arose or was committed as of the admission
date.
(B) Trial.--Any criminal offense described in
subparagraph (A)--
(i) that was committed in violation of the
laws of the Commonwealth of Puerto Rico shall
be tried by the appropriate court of the State
of Puerto Rico; and
(ii) that was committed in violation of the
laws of the United States shall be tried in the
United States District Court for the District
of Puerto Rico.
(c) Appeals.--
(1) Before admission date.--
(A) In general.--Parties to an action 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 decided before the admission date, regardless of
whether an appeal was perfected prior to the admission
date.
(B) Jurisdiction.--The United States Court of
Appeals for the First Circuit and the Supreme Court of
the United States shall have the same jurisdiction in
an action described in subparagraph (A) as by law
provided prior to the admission date.
(2) After admission date.--Any mandate issued after the
admission date shall be to the United States District Court for
the District of Puerto Rico or a court of the State of Puerto
Rico, as appropriate.
(3) Pending action.--
(A) In general.--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 on the
admission date.
(B) Jurisdiction.--The Supreme Court of Puerto Rico
and the Supreme Court of the United States shall have
the same jurisdiction in an action described in
subparagraph (A) as the jurisdiction provided in any
case arising after the admission date.
TITLE V--TRANSITION AND IMPLEMENTATION OF COMMONWEALTH STATUS
SEC. 501. BILATERAL NEGOTIATING COMMISSION.
(a) In General.--If a plebiscite conducted under this Act results
in a majority vote for the Commonwealth-Estado Libre Asociado status
option, there shall be established, in accordance with this section, a
commission, to be known as the ``Bilateral Negotiating Commission'',
which shall conduct studies and negotiations on changes to the
Commonwealth-Estado Libre Asociado status within the general framework
of commonwealth status, including the potential for a compact agreement
between the United States and the Commonwealth of Puerto Rico to
replace the Act of July 3, 1950 (commonly known as the ``Puerto Rico
Federal Relations Act of 1950'') (64 Stat. 319, chapter 446).
(b) Membership.--Not later than 180 days after the date on which
the results of a plebiscite in favor of commonwealth status are
submitted under section 101(d)--
(1) the political party or organization representing the
Commonwealth-Estado Libre Asociado status option in the
plebiscite shall appoint 5 members to the Bilateral Negotiating
Commission; and
(2) the President shall appoint 5 members to the Bilateral
Negotiating Commission.
(c) Initial Meeting.--
(1) In general.--Not later than 90 days after the date on
which the members of the Bilateral Negotiating Commission are
appointed under subsection (b), the Bilateral Negotiating
Commission shall hold a meeting at such time and such place as
the members of the Bilateral Negotiating Commission determine
to be appropriate.
(2) Establishment.--The initial meeting under paragraph (1)
shall be considered to be the establishment of the Bilateral
Negotiating Commission.
(d) Duties.--The Bilateral Negotiating Commission shall--
(1)(A) examine, discuss, and negotiate improvements to the
Commonwealth-Estado Libre Asociado status;
(B) draft a compact agreement that would replace the Act of
July 3, 1950 (commonly known as the ``Puerto Rico Federal
Relations Act of 1950'') (64 Stat. 319, chapter 446), within
the general framework of the Commonwealth-Estado Libre Asociado
status; and
(C) propose the draft compact agreement to eligible voters
in a ratification vote in accordance with section 502(a)(1);
(2) to the maximum extent practicable, complete the work of
the Bilateral Negotiating Commission not later than 2 years
after the date of the initial meeting of the Bilateral
Negotiating Commission.
(e) Collaboration.--The Commonwealth government and Federal
agencies shall collaborate with the Bilateral Negotiating Commission in
carrying out the duties of the Bilateral Negotiating Commission under
this title.
SEC. 502. APPROVAL; EFFECTIVE DATE.
(a) Approval.--A compact agreement between the Federal Government
and the Commonwealth government proposed by the Bilateral Negotiating
Commission under section 501 shall take effect on the date of approval
of the proposed compact agreement--
(1) in a ratification vote by eligible voters in a special
election that is held--
(A) not later than 180 days after the date on which
the Bilateral Negotiating Commission releases the
proposed compact agreement; and
(B) in accordance with procedures developed by the
Legislative Assembly; and
(2) by the Federal Government, in accordance with
applicable Federal law and the Constitution.
(b) Rejection.--If the special election under subsection (a)(1)
results in a rejection of the proposed compact agreement, the process
provided in section 501 and subsection (a) shall be repeated.
TITLE VI--MISCELLANEOUS
SEC. 601. APPLICATION OF PUERTO RICO OVERSIGHT, MANAGEMENT, AND
ECONOMIC STABILITY ACT.
(a) In General.--On the applicable date described in subsection
(b)--
(1) 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, the nation of Puerto Rico, or the
Commonwealth of Puerto Rico, as applicable; and
(2)(A) the Financial Oversight and Management Board
established by section 101(b)(1) of the Puerto Rico Oversight,
Management, and Economic Stability Act (48 U.S.C. 2121(b)(1))
shall be terminated;
(B) all duties and responsibilities assigned to the
Financial Oversight and Management Board under that Act as of
that date shall return to the State of Puerto Rico, the nation
of Puerto Rico, or the Commonwealth of Puerto Rico, as
applicable; and
(C) all funds, property, and assets of the Financial
Oversight and Management Board as of that date shall be
transferred to the State of Puerto Rico, the nation of Puerto
Rico, or the Commonwealth of Puerto Rico, as applicable.
(b) Applicable Date Described.--The applicable date described in
this subsection is--
(1) the date on which the government of the nation of
Puerto Rico takes office, as established under section 208(c)
or 307(c);
(2) the date on which the Commonwealth of Puerto Rico is
admitted as a State of the Union of the United States, as
declared under a Presidential proclamation issued under section
402(b)(1); or
(3) the date of ratification by eligible voters of a
compact agreement for the Commonwealth of Puerto Rico under
section 502(a)(1).
SEC. 602. SEVERABILITY.
If any provision of this Act, or the application of a provision of
this Act to any person or circumstance, is held to be invalid by a
court of jurisdiction, the remainder of this Act, and the application
of the provisions to any person or circumstance, shall not be affected
by the holding.
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