[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