[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