II 

118TH CONGRESS 

1ST SESSION S. 3231 

To enable the people of Puerto Rico to choose a permanent, nonterritorial, 

fully self-governing political status for Puerto Rico and to provide for 

a transition to and the implementation of that permanent, nonterritorial, 

fully self-governing political status, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 6, 2023 

Mr. HEINRICH (for himself, Ms. CORTEZ MASTO, Mr. PADILLA, Mr. WYDEN, 

Mr. BLUMENTHAL, Mr. MURPHY, Mr. SCHATZ, Mr. FETTERMAN, Mr. 

MARKEY, Mr. MERKLEY, Ms. BALDWIN, Mr. WHITEHOUSE, Mr. REED, 

Mr. HICKENLOOPER, Mr. LUJA ́N, Mr. CASEY, Mrs. MURRAY, Mr. SANDERS, Mr. BENNET, Mr. VAN HOLLEN, and Mr. BOOKER) 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 Puerto Rico to choose a permanent, 

nonterritorial, fully self-governing political status for 

Puerto Rico and to provide for a transition to and the 

implementation of that permanent, nonterritorial, fully 

self-governing political status, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Puerto Rico Status 

5 Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

Sec. 4. Definitions. 

Sec. 5. Plebiscite. 

Sec. 6. Nonpartisan voter education campaign. 

Sec. 7. Oversight. 

Sec. 8. Funds for voter education; plebiscites. 

Sec. 9. Bilingual voter educational materials and ballots. 

Sec. 10. Puerto Rico Oversight, Management, and Economic Stability Act. 

Sec. 11. Severability. 

TITLE I—TRANSITION AND IMPLEMENTATION—INDEPENDENCE 

Sec. 101. Constitutional convention. 

Sec. 102. Character of the constitution. 

Sec. 103. Submission; ratification. 

Sec. 104. Election of officers. 

Sec. 105. Conforming amendments to existing law. 

Sec. 106. Joint Transition Commission. 

Sec. 107. Proclamations by President of the United States; Head of State of 

Puerto Rico. 

Sec. 108. Legal and constitutional provisions. 

Sec. 109. Judicial pronouncements. 

Sec. 110. Citizenship and immigration laws after Puerto Rican independence. 

Sec. 111. Individual rights to economic benefits and grants. 

TITLE II—TRANSITION AND IMPLEMENTATION—SOVEREIGNTY IN 

FREE ASSOCIATION WITH THE UNITED STATES 

Sec. 201. Constitutional convention. 

Sec. 202. Character of the constitution. 

Sec. 203. Submission; ratification. 

Sec. 204. Election of officers. 

Sec. 205. Proclamations by President of the United States; Head of State of 

Puerto Rico. 

Sec. 206. Legal and constitutional provisions. 

Sec. 207. Judicial pronouncements. 

Sec. 208. Citizenship and immigration laws after sovereignty through free association. 

Sec. 209. Conforming amendments to existing law. 

Sec. 210. Bilateral Negotiating Commission. 

Sec. 211. Articles of Free Association approval and effective date. 

Sec. 212. Termination. 

Sec. 213. Individual rights to economic benefits and grants. 

TITLE III—TRANSITION AND IMPLEMENTATION—STATEHOOD 

Sec. 301. Presidential proclamation; admission into the Union. 

Sec. 302. Conforming amendments to existing law. 

Sec. 303. Territory and boundaries. 

Sec. 304. Constitution. 


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Sec. 305. Elections of Senators and Representatives, certification, and legal disputes. 

Sec. 306. State title to land and property. 

Sec. 307. Continuity of laws, government, and obligations. 

Sec. 308. Judicial pronouncements. 

1 SEC. 3. FINDINGS. 

2 In recognition of the inherent limitations of Puerto 

3 Rico’s territorial status, and the responsibility of the Fed4 eral Government to enable the people of the territory to 

5 freely express their wishes regarding political status and 

6 achieve full self-government, Congress seeks to enable the 

7 eligible voters of Puerto Rico to choose a permanent, non8 territorial, fully self-governing political status for Puerto 

9 Rico and to provide for a transition to and the implemen10 tation of said permanent, nonterritorial, fully self-gov11 erning status. 

12 SEC. 4. DEFINITIONS. 

13 In this Act: 

14 (1) BILATERAL NEGOTIATING COMMISSION.— 

15 The term ‘‘Bilateral Negotiating Commission’’ 

16 means the Bilateral Negotiating Commission estab17 lished under section 209(a). 

18 (2) ELECTIONS COMMISSION.—The term ‘‘Elec19 tions Commission’’ means the Puerto Rico State 

20 Elections Commission (Comisio ́n Estatal de 

21 Elecciones de Puerto Rico, in Spanish). 

22 (3) ELIGIBLE VOTERS.—The term ‘‘eligible vot23 ers’’ means bona fide residents of Puerto Rico who 


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1 are otherwise qualified to vote in general elections in 

2 Puerto Rico. 

3 (4) INITIAL PLEBISCITE.—The term ‘‘initial 

4 plebiscite’’ means the plebiscite required by section 

5 5(a)(1). 

6 (5) MAJORITY.—The term ‘‘majority’’ means 

7 more than 50 percent. 

8 (6) RUNOFF PLEBISCITE.—The term ‘‘runoff 

9 plebiscite’’ means the plebiscite required by section 

10 5(a)(4). 

11 SEC. 5. PLEBISCITE. 

12 (a) IN GENERAL.— 

13 (1) INITIAL PLEBISCITE.—A plebiscite to re14 solve Puerto Rico’s political status shall be held on 

15 November 2, 2025. 

16 (2) OPTIONS.—The plebiscite held under para17 graph (1) shall offer eligible voters a choice of one 

18 of the three options which shall be presented on the 

19 ballot as follows: 

20 (A) Independence. 

21 (B) Sovereignty in Free Association with 

22 the United States. 

23 (C) Statehood. 


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1 (3) MAJORITY VOTE REQUIRED.—Approval of a 

2 status option must be by a majority of the valid 

3 votes cast. 

4 (4) RUNOFF PLEBISCITE.—If there is not a ma5 jority in favor of one of the three options defined in 

6 this Act, then a runoff plebiscite shall be held on 

7 March 8, 2026, which shall offer eligible voters a 

8 choice of the two options that received the most 

9 votes in the plebiscite held under paragraph (1). 

10 (b) BALLOT LANGUAGE.—A ballot for a plebiscite re11 quired by subsection (a) shall include the following lan12 guage, except that the ballot for the runoff plebiscite shall 

13 omit the option that received the fewest votes in the initial 

14 plebiscite: 

15 (1) INSTRUCTIONS.—Mark the status option 

16 you choose as each is defined below. A ballot with 

17 more than 1 option marked will not be counted. A 

18 ballot with no option marked will not be counted. 

19 (2) INDEPENDENCE.—If you agree, mark here 

20 llll. 

21 (A) Puerto Rico is a sovereign nation that 

22 has full authority and responsibility over its ter23 ritory and population under a constitution of its 

24 own adoption which shall be the supreme law of 

25 the nation. 


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1 (B) Puerto Rico is vested with full powers 

2 and responsibilities consistent with the rights 

3 and responsibilities that devolve upon a sov4 ereign nation under international law, including 

5 its own fiscal and monetary policy, immigration, 

6 trade, and the conduct in its own name and 

7 right of relations with other nations and inter8 national organizations. 

9 (C) Puerto Rico has full authority and re10 sponsibility over its citizenship and immigration 

11 laws, and birth in Puerto Rico or relationship 

12 to persons with statutory United States citizen13 ship by birth in the former territory shall cease 

14 to be a basis for United States nationality or 

15 citizenship, except that persons who have such 

16 United States citizenship have a right to retain 

17 United States nationality and citizenship for 

18 life, by entitlement or election as provided by 

19 Federal law. 

20 (D) Puerto Rico will no longer be a posses21 sion of the United States for purposes of the 

22 Internal Revenue Code. In general, United 

23 States citizens and United States businesses in 

24 the nation of Puerto Rico will be subject to 

25 United States Federal tax laws (as is the case 


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1 with any other United States citizen or United 

2 States business abroad) and to Puerto Rican 

3 tax laws. Puerto Rico’s status as an inde4 pendent, sovereign nation will be the controlling 

5 factor in the taxation of Puerto Rican tax6 payers. 

7 (E) The Constitution and laws of the 

8 United States no longer apply in Puerto Rico 

9 and United States sovereignty in Puerto Rico is 

10 ended. 

11 (3) SOVEREIGNTY IN FREE ASSOCIATION WITH

12 THE UNITED STATES.—If you agree, mark here 

13 lll. 

14 (A) Puerto Rico is a sovereign nation that 

15 has full authority and responsibility over its ter16 ritory and population under a constitution of its 

17 own adoption which shall be the supreme law of 

18 the nation. 

19 (B) Puerto Rico is vested with full powers 

20 and responsibilities consistent with the rights 

21 and responsibilities that devolve upon a sov22 ereign nation under international law, including 

23 its own fiscal and monetary policy, immigration, 

24 trade, and the conduct in its own name and 

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1 national organizations, except as otherwise pro2 vided for in the Articles of Free Association to 

3 be negotiated by Puerto Rico and the United 

4 States. 

5 (C) Puerto Rico has full authority and re6 sponsibility over its citizenship and immigration 

7 laws, and persons who have United States citi8 zenship have a right to retain United States na9 tionality and citizenship for life by entitlement 

10 or election as provided by Federal law. 

11 (D) Birth in Puerto Rico shall cease to be 

12 a basis for United States nationality or citizen13 ship. Individuals born in Puerto Rico to at least 

14 one parent who is a citizen of the United States 

15 shall be United States citizens at birth, con16 sistent with the immigration laws of the United 

17 States, for the duration of the first agreement 

18 of the Articles of Free Association. 

19 (E) Puerto Rico enters into Articles of 

20 Free Association with the United States, with 

21 such devolution and reservation of governmental 

22 functions and other bilateral arrangements as 

23 may be agreed to by both Parties under the Ar24 ticles, which shall be terminable at will by eiVerDate Sep 11 2014 06:47 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3231.IS S3231

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1 ther the United States or Puerto Rico at any 

2 time. 

3 (F) Puerto Rico will no longer be a posses4 sion of the United States for purposes of the 

5 Internal Revenue Code. In general, United 

6 States citizens and United States businesses in 

7 the nation of Puerto Rico will be subject to 

8 United States Federal tax laws (as is the case 

9 with any other United States citizen or United 

10 States business abroad) and to Puerto Rican 

11 tax laws. Puerto Rico’s status as an inde12 pendent, sovereign nation will be the controlling 

13 factor in the taxation of Puerto Rican tax14 payers. In addition, Puerto Rico will enter into 

15 an agreement with the United States to provide 

16 for ‘‘Sovereignty in Free Association’’ between 

17 the two nations. This agreement may modify 

18 the otherwise applicable tax rules, subject to ne19 gotiation and ratification by the two nations. 

20 (G) The Constitution of the United States 

21 no longer applies in Puerto Rico, the laws of 

22 the United States no longer apply in Puerto 

23 Rico except as otherwise provided in the Arti24 cles of Free Association, and United States sov25 ereignty in Puerto Rico is ended. 


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1 (H) All matters pertaining to the govern2 ment-to-government relationship between Puer3 to Rico and the United States, which may in4 clude foreign affairs, trade, finance, taxation, 

5 currency, economic assistance, security and de6 fense, dispute resolution and termination, shall 

7 be provided for in the Articles of Free Associa8 tion. 

9 (4) STATEHOOD.—If you agree, mark here 

10 llll. 

11 (A) The State of Puerto Rico is admitted 

12 into the Union on an equal footing with the 

13 other States in all respects whatever and is a 

14 part of the permanent union of the United 

15 States of America, subject to the United States 

16 Constitution, with powers not prohibited by the 

17 Constitution to the States and reserved to the 

18 State of Puerto Rico or to its residents. 

19 (B) The residents of Puerto Rico are fully 

20 self-governing with their rights secured under 

21 the United States Constitution, which shall be 

22 fully applicable in Puerto Rico and which, with 

23 the laws and treaties of the United States, is 

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1 fect in Puerto Rico as in the other States of the 

2 Union. 

3 (C) United States citizenship of those born 

4 in Puerto Rico is recognized, protected, and se5 cured under the United States Constitution in 

6 the same way such citizenship is for all United 

7 States citizens born in the other States. 

8 (D) Puerto Rico will no longer be a posses9 sion of the United States for purposes of the 

10 Internal Revenue Code. Instead, the State of 

11 Puerto Rico will become a State on equal foot12 ing with each of the current 50 States in the 

13 United States of America. Individuals and busi14 nesses resident in the State of Puerto Rico will 

15 be subject to United States Federal tax laws as 

16 well as applicable State tax laws. 

17 (c) IMPLEMENTATION OF PLEBISCITE.—The plebi18 scites authorized by this section shall be implemented by 

19 the Elections Commission, consistent with the laws of 

20 Puerto Rico and Federal law. 

21 (d) RESULTS.—The Elections Commission shall in22 form the President of the United States, the President pro 

23 tempore of the United States Senate, the Speaker of the 

24 United States House of Representatives, the Senate ComVerDate Sep 11 2014 06:47 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3231.IS S3231

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1 mittee on Energy and Natural Resources, and the House 

2 Committee on Natural Resources of— 

3 (1) the results of the initial plebiscite not later 

4 than 30 calendar days after the initial plebiscite is 

5 held; and 

6 (2) the results of the runoff plebiscite, if held, 

7 not later than 30 calendar days after the runoff 

8 plebiscite is held. 

9 (e) JURISDICTION OF DISTRICT COURT.—The United 

10 States District Court for the District of Puerto Rico shall 

11 have original and exclusive jurisdiction of any civil action 

12 alleging a dispute or controversy pertaining to electoral 

13 processes conducted under this section. 

14 SEC. 6. NONPARTISAN VOTER EDUCATION CAMPAIGN. 

15 (a) IN GENERAL.—The Elections Commission shall 

16 carry out a nonpartisan voter education campaign through 

17 traditional paid media and make available at all voting lo18 cations voter education materials related to the plebiscites 

19 authorized under this Act consistent with Department of 

20 Justice approval under section 7. 

21 (b) VOTER EDUCATION MATERIALS.—At a min22 imum, the voter education materials shall address for each 

23 option— 

24 (1) international representation; 

25 (2) citizenship and immigration; and 


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1 (3) access and treatment under Federal law 

2 and programs. 

3 SEC. 7. OVERSIGHT. 

4 (a) SUBMISSION OF MATERIALS.—Not later than 60 

5 days after the date of the enactment of this Act, the Elec6 tions Commission shall submit the ballot design and voter 

7 education materials for the plebiscites authorized under 

8 this Act to the United States Attorney General for review 

9 and the Elections Commission shall make not more than 

10 one submission of the ballot design and voter education 

11 materials to the Attorney General for review. 

12 (b) EFFECT OF FAILURE TO COMPLY.—If the Attor13 ney General fails to comply with subsection (c) within the 

14 45-day period, the ballot design and voter education mate15 rials shall be considered approved. 

16 (c) REVIEW.—Not later than 45 days after receiving 

17 the ballot design and voter education materials under sub18 section (a), the Attorney General shall review the ballot 

19 design and voter education materials to ensure consistency 

20 with this Act and to ensure that the three options defined 

21 in this Act are represented fairly, especially in the event 

22 that any of the three options are not represented on the 

23 Elections Commission by a member of a political party 

24 that supports such option, and— 


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1 (1) return the materials to the Elections Com2 mission with comments and instructions for changes; 

3 or 

4 (2) before the expiration of the 45-day period, 

5 inform the Elections Commission that no instruc6 tions or requests for changes shall be made under 

7 paragraph (1), but that the Attorney General re8 serves the right to submit instructions for changes 

9 in accordance with this section if additional informa10 tion comes to the attention of the Attorney General 

11 during the remainder of the 45-day period. 

12 (d) REVISION.—Not later than 45 days after receiv13 ing comments and instructions for changes from the At14 torney General under subsection (c), the Elections Com15 mission shall revise the ballot design and voter education 

16 materials as requested by the Attorney General. 

17 (e) ELECTION OBSERVERS.—The Elections Commis18 sion shall invite national and international election observ19 ers to ensure transparency and confidence in the electoral 

20 process. Observers shall be present during the initial plebi21 scite vote and during the runoff plebiscite vote. 

22 SEC. 8. FUNDS FOR VOTER EDUCATION; PLEBISCITES. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated such sums as are necessary 

25 for the Elections Commission to carry out a nonpartisan 


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1 voter education campaign and an initial plebiscite and, if 

2 necessary, a runoff plebiscite under this Act. 

3 (b) EXISTING FUNDS.—Notwithstanding any provi4 sion of Public Law 113–76, funds made available under 

5 such Act to carry out a plebiscite on Puerto Rico’s status 

6 shall be made available to carry out this Act. 

7 SEC. 9. BILINGUAL VOTER EDUCATIONAL MATERIALS AND 

8 BALLOTS. 

9 All voter educational materials and ballots used to 

10 carry out this Act shall be made available in English and 

11 Spanish. 

12 SEC. 10. PUERTO RICO OVERSIGHT, MANAGEMENT, AND 

13 ECONOMIC STABILITY ACT. 

14 Upon the admission of the State of Puerto Rico into 

15 the Union or on the date that the Government of the na16 tion of Puerto Rico initially takes office: 

17 (1) IN GENERAL.—The Puerto Rico Oversight, 

18 Management, and Economic Stability Act (48 

19 U.S.C. 2101 et seq.) shall no longer apply to the 

20 State of Puerto Rico or the nation of Puerto Rico, 

21 as the case may be. 

22 (2) OVERSIGHT BOARD.—The Financial Over23 sight and Management Board for Puerto Rico estab24 lished under section 101(b)(1) of the Puerto Rico 

25 Oversight, Management, and Economic Stability Act 


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1 (48 U.S.C. 2121(b)(1)) is terminated and all duties 

2 and responsibilities assigned to the Oversight Board 

3 shall return to the State of Puerto Rico or the na4 tion of Puerto Rico, as the case may be. 

5 (3) TRANSFER.—All funds, property, and assets 

6 of the board described in subparagraph (B) shall be 

7 transferred to the State of Puerto Rico or the nation 

8 of Puerto Rico, as the case may be. 

9 SEC. 11. SEVERABILITY. 

10 If any provision of this Act, or any section, sub11 section, sentence, clause, phrase, or individual word, or the 

12 application thereof to any person or circumstance is held 

13 invalid by a court of jurisdiction, the validity of the re14 mainder of the Act and of the application of any such pro15 vision, section, subsection, sentence, clause, phrase, or in16 dividual word to other persons and circumstances shall not 

17 be affected thereby. 

18 TITLE I—TRANSITION AND IM19 PLEMENTATION—INDEPEND20 ENCE 

21 SEC. 101. CONSTITUTIONAL CONVENTION. 

22 (a) ELECTION OF DELEGATES.—Not later than 6 

23 months after the effective date of certification of a plebi24 scite result under this Act in favor of independence, the 

25 legislature of Puerto Rico shall provide for the election of 


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1 delegates to a constitutional Convention to formulate and 

2 draft a Constitution for the nation of Puerto Rico. 

3 (b) ELIGIBLE VOTERS.—All eligible voters may vote 

4 in the election of delegates to the constitutional Conven5 tion. 

6 (c) GENERAL APPLICABILITY OF ELECTORAL

7 LAW.—The laws of the territory of Puerto Rico relating 

8 to the electoral process shall apply to a special election 

9 held under this Act. 

10 (d) INITIAL MEETING.—Not later than 3 months 

11 after the election of delegates to the constitutional Con12 vention, the elected delegates shall meet at such time and 

13 place as the legislature of Puerto Rico shall determine. 

14 The initial meeting shall constitute the establishment of 

15 the constitutional Convention. 

16 SEC. 102. CHARACTER OF THE CONSTITUTION. 

17 The constitutional Convention under section 101 

18 shall formulate and draft a Constitution for Puerto Rico 

19 that guarantees the protection of fundamental human 

20 rights, including— 

21 (1) due process and equal protection under the 

22 law; 

23 (2) freedom of speech, press, assembly, associa24 tion, and religion; 

25 (3) the rights of the accused; 


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1 (4) any other economic, social, and cultural 

2 rights as the constitutional Convention may deem 

3 appropriate and necessary; and 

4 (5) provisions to ensure that no individual born 

5 in the nation of Puerto Rico shall be stateless at 

6 birth. 

7 SEC. 103. SUBMISSION; RATIFICATION. 

8 (a) SUBMISSION.—Not later than one year after the 

9 establishment of the constitutional Convention, the Con10 stitution formulated and drafted by the constitutional 

11 Convention shall be submitted to the eligible voters of 

12 Puerto Rico for ratification or rejection in a special elec13 tion. 

14 (b) MANNER OF ELECTION.—The special election 

15 held under this subsection shall be held in the manner pre16 scribed by the legislature of Puerto Rico. 

17 SEC. 104. ELECTION OF OFFICERS. 

18 (a) IN GENERAL.—Not later than one month after 

19 the ratification of the Constitution under section 103, the 

20 Governor of the territory of Puerto Rico shall issue a proc21 lamation calling for the election of such officers of the na22 tion of Puerto Rico as may be required by the ratified 

23 Constitution. 

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1 tions 101 through 103 shall be repeated, except that sec2 tion 101(a) shall be applied by substituting— 

3 (1) ‘‘the special election’’ for ‘‘a plebiscite’’; and 

4 (2) ‘‘rejecting of the Constitution’’ for ‘‘in favor 

5 of independence’’. 

6 (c) DEADLINE; PROCEDURES.—The election under 

7 subsection (a) shall be held— 

8 (1) not later than 6 months after the date of 

9 ratification of the Constitution; and 

10 (2) in accordance with the procedures and re11 quirements established in the Constitution of the na12 tion of Puerto Rico. 

13 (d) CERTIFICATION OF RESULTS.—Not later than 10 

14 days after the election of officers under subsection (a), the 

15 Elections Commission shall certify the results of the elec16 tion. The Governor of the territory of Puerto Rico shall 

17 inform the results of the election to the President of the 

18 United States, the President pro tempore of the United 

19 States Senate, the Speaker of the United States House 

20 of Representatives, the Committee on Energy and Natural 

21 Resources of the Senate, and the Committee on Natural 

22 Resources of the House of Representatives. 

23 SEC. 105. CONFORMING AMENDMENTS TO EXISTING LAW. 

24 (a) REVIEW.—Not later than 30 days after the initial 

25 meeting of a constitutional Convention under section 


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1 101(d), the President shall initiate a review of Federal law 

2 with respect to Puerto Rico, including those regarding— 

3 (1) taxation of persons and businesses; 

4 (2) health care; 

5 (3) housing; 

6 (4) transportation; 

7 (5) education; and 

8 (6) entitlement programs. 

9 (b) RECOMMENDATIONS.—Not later than one year 

10 after the date on which the President initiates a review 

11 under subsection (a), the President shall submit rec12 ommendations to Congress for changes to Federal law 

13 identified during such review, as the President deems ap14 propriate. 

15 SEC. 106. JOINT TRANSITION COMMISSION. 

16 (a) APPOINTMENT.—Not later than 3 months after 

17 the establishment of a constitutional Convention under 

18 section 101(d), a Joint Transition Commission shall be 

19 appointed in equal numbers by the President of the United 

20 States and the presiding officer of the Constitutional Con21 vention of Puerto Rico. 

22 (b) DUTIES.—The Joint Transition Commission shall 

23 be responsible for expediting the orderly transfer of all 

24 functions currently exercised by the Federal Government 

25 in Puerto Rico, or in relation to Puerto Rico to the nation 


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1 of Puerto Rico, and shall recommend to Congress any ap2 propriate legislation to carry out such transfer. 

3 (c) COLLABORATION.—The Government of the terri4 tory of Puerto Rico and the agencies of the Government 

5 of the United States shall collaborate with the Joint Tran6 sition Commission and subsequently the officers of the na7 tion of Puerto Rico, to provide for the orderly transfer 

8 of the functions under subsection (b). 

9 SEC. 107. PROCLAMATIONS BY PRESIDENT OF THE UNITED 

10 STATES; HEAD OF STATE OF PUERTO RICO. 

11 (a) PROCLAMATION.—Not later than one month after 

12 the official certification of the elected officers of the nation 

13 of Puerto Rico under section 104(d), the President of the 

14 United States shall by proclamation— 

15 (1) withdraw and surrender all rights of posses16 sion, supervision, jurisdiction, control, or sovereignty 

17 then existing and exercised by the United States 

18 over the territory and residents of Puerto Rico; 

19 (2) recognize, on behalf of the United States of 

20 America, the independence of the nation of Puerto 

21 Rico and the authority of the government instituted 

22 by eligible voters of Puerto Rico under the Constitu23 tion of their own adoption; and 

24 (3) state that the effective date of withdrawal 

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1 tion of independence shall be the same as the date 

2 of the proclamation. 

3 (b) COPY OF PROCLAMATION FORWARDED.—The 

4 President of the United States shall forward a copy of the 

5 proclamation issued under subsection (a) not later than 

6 one week after signature to the presiding officer of the 

7 Constitutional Convention of Puerto Rico, the officer elect8 ed as head of state of the nation, the President pro tem9 pore of the United States Senate, the Speaker of the 

10 United States House of Representatives, the Senate Com11 mittee on Energy and Natural Resources, and the House 

12 Committee on Natural Resources. 

13 (c) DATE GOVERNMENT TO TAKE OFFICE.—Not 

14 later than one week after the date of receipt of the Presi15 dential proclamation and with the advice of the officer 

16 elected as head of state of the nation, the presiding officer 

17 of the constitutional Convention shall determine the date 

18 on which the Government of the nation shall take office, 

19 and shall so notify the Governor of the territory of Puerto 

20 Rico, the President of the United States, the President 

21 pro tempore of the United States Senate, and the Speaker 

22 of the United States House of Representatives. 

23 SEC. 108. LEGAL AND CONSTITUTIONAL PROVISIONS. 

24 Upon the proclamation of independence as provided 

25 in this title, and except as otherwise provided in this title 


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•S 3231 IS

1 or in any separate agreements thereafter concluded be2 tween the United States and the nation of Puerto Rico— 

3 (1) all property, rights, and interests which the 

4 United States may have acquired over Puerto Rico 

5 by virtue of the Treaty of Paris of 1898, and there6 after by cession, purchase, or eminent domain, with 

7 the exception of such land and other property, 

8 rights, or interests as may have been sold or other9 wise legally disposed of prior to the proclamation of 

10 Independence, shall vest ipso facto in the nation of 

11 Puerto Rico; and 

12 (2) except as provided in section 110, all laws 

13 of the United States applicable to the territory of 

14 Puerto Rico immediately prior to the proclamation 

15 of Independence shall no longer apply in the nation 

16 of Puerto Rico. 

17 SEC. 109. JUDICIAL PRONOUNCEMENTS. 

18 (a) JUDGMENTS BEFORE PROCLAMATION.—The na19 tion of Puerto Rico shall recognize and give effect to all 

20 orders and judgments rendered by United States or terri21 torial courts before the date of the proclamation of inde22 pendence pursuant to the laws of the United States then 

23 applicable to the territory of Puerto Rico. 

24 (b) CONTINUITY OF PENDING PROCEEDINGS.—All 

25 judicial proceedings pending in the courts of the territory 


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•S 3231 IS

1 of Puerto Rico on the day of the proclamation of independ2 ence shall be continued in the corresponding courts under 

3 the Constitution of the nation of Puerto Rico. 

4 (c) TRANSFER OF JUDICIAL POWER.—Upon the 

5 proclamation of independence, the judicial power of the 

6 United States shall no longer extend to Puerto Rico. All 

7 proceedings pending in the United States District Court 

8 for the District of Puerto Rico shall be transferred to the 

9 corresponding Puerto Rican courts of competence or other 

10 competent judicial authority under the Constitution of the 

11 nation of Puerto Rico for disposition in conformity with 

12 laws applicable at the time when the controversy in proc13 ess arose. All proceedings pending in the United States 

14 Court of Appeals for the First Circuit, or in the Supreme 

15 Court of the United States, that initiated in, or that could 

16 have been initiated in, the courts of the territory or in 

17 the United States District Court for the District of Puerto 

18 Rico shall continue until their final disposition and shall 

19 be submitted to the competent authority of the nation of 

20 Puerto Rico for proper execution: Provided, That neither 

21 the United States nor any of its officers is a party, in 

22 which case any final judgment shall be properly executed 

23 by the competent authority of the United States. 


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•S 3231 IS

1 SEC. 110. CITIZENSHIP AND IMMIGRATION LAWS AFTER 

2 PUERTO RICAN INDEPENDENCE. 

3 (a) IN GENERAL.— 

4 (1) PUERTO RICAN NATIONALITY.—After the 

5 effective date of independence, the citizenship status 

6 of each individual born in Puerto Rico shall be de7 termined in accordance with the Constitution and 

8 laws of the nation of Puerto Rico. 

9 (2) UNITED STATES IMMIGRATION LAWS.—Ex10 cept as described in this section, after the effective 

11 date of independence citizens of Puerto Rico seeking 

12 to enter into the United States or obtain citizenship 

13 in the United States shall be subject to the immigra14 tion laws of the United States (as such term is de15 fined in section 101 of the Immigration and Nation16 ality Act (8 U.S.C. 1101)). 

17 (b) EFFECT OF PUERTO RICAN CITIZENSHIP.— 

18 Nothing in this Act precludes or limits the applicability 

19 of section 349 of the Immigration and Nationality Act (8 

20 U.S.C. 1481), except that the provision of citizenship by 

21 the laws of Puerto Rico shall not constitute or otherwise 

22 serve as the basis of loss, or relinquishment of United 

23 States citizenship under such section. 

24 (c) CITIZENSHIP AT BIRTH AFTER INDEPEND25 ENCE.—An individual born in Puerto Rico after the effec26 tive date of independence to at least one parent who beVerDate Sep 11 2014 06:47 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3231.IS S3231

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•S 3231 IS

1 came a United States citizen under section 302 of the Im2 migration and Nationality Act (8 U.S.C. 1402) is not a 

3 United States citizen at birth under subsection (c), (d), 

4 or (g) of section 301 of the Immigration and Nationality 

5 Act (8 U.S.C. 1401(c), (d), or (g)). 

6 (d) TRAVEL AND WORK AUTHORIZATION.— 

7 (1) Any person in the following categories may 

8 enter, lawfully engage in occupations, and establish 

9 residence as a nonimmigrant in the United States 

10 and its territories and possessions without regard to 

11 paragraphs (5)(A) and (7) of section 212(a) of the 

12 Immigration and Nationality Act (8 U.S.C. 1182(a); 

13 (5)(A) and (7))— 

14 (A) a person who acquires the citizenship 

15 of Puerto Rico, at birth, on or after the effec16 tive date of independence; or 

17 (B) a naturalized citizen of Puerto Rico, 

18 who has been an actual resident there for not 

19 less than five years after attaining such natu20 ralization and who holds a proof of such resi21 dence. 

22 Such persons shall be considered to have the permis23 sion of the Secretary of Homeland Security to accept 

24 employment in the United States. 


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•S 3231 IS

1 (2) The right of such persons to establish habit2 ual residence in a territory or possession of the 

3 United States may, however, be subjected to non4 discriminatory limitations provided for— 

5 (A) in statutes or regulations of the United 

6 States; or 

7 (B) in those statutes or regulations of the 

8 territory or possession concerned which are au9 thorized by the laws of the United States. 

10 (3) This subsection shall expire 25 years after 

11 the date of independence. 

12 (e) CONFORMING AMENDMENTS.— 

13 (1) IN GENERAL.—Section 101 of the Immigra14 tion and Nationality Act (8 U.S.C. 1101) is amend15 ed by striking ‘‘Puerto Rico,’’ in subsection (a) para16 graph (36) and in subsection (a) paragraph (38). 

17 (2) PRIOR TO INDEPENDENCE.—Puerto Rico 

18 shall be considered to be in the United States, as 

19 such term is defined in section 101(a)(38) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1101(a)(38)) prior to the effective date of independ22 ence. 

23 (f) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall limit the power and authority of the United 


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•S 3231 IS

1 States to change policy requirements for United States 

2 citizenship. 

3 SEC. 111. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS 

4 AND GRANTS. 

5 (a) RIGHTS AND BENEFITS.—All vested rights and 

6 benefits which accrue to residents of the territory of Puer7 to Rico under the laws of the United States from past 

8 services or contributions, such as rights and benefits for 

9 veterans or relatives of veterans of the Armed Forces of 

10 the United States, retired Government employees, or bene11 ficiaries of old age, disability, or survivors’ insurance bene12 fits under the Social Security Act, shall not be interrupted 

13 after the proclamation of independence but will continue 

14 until such time as said rights and benefits are completely 

15 extinguished according to the applicable laws of the 

16 United States. All services which must be rendered as part 

17 of these rights and benefits shall be made available 

18 through the Government of the nation of Puerto Rico in 

19 accordance with agreements reached by the two nations. 

20 (b) SOCIAL SECURITY SYSTEM.—Notwithstanding 

21 the provisions in subsection (a), all contributions made by 

22 employees and employers in Puerto Rico to the Social Se23 curity system with respect to persons who, upon the proc24 lamation of independence, are residents of the nation of 

25 Puerto Rico and are not yet eligible for old age, disability, 


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•S 3231 IS

1 or survivors’ insurance benefits under the system, shall be 

2 transferred to the Government of the nation of Puerto 

3 Rico once said Government establishes its own social secu4 rity system. The Government of the nation of Puerto Rico 

5 may not use these funds for any purpose other than the 

6 establishment and operation of a social security system. 

7 Upon the transfer described herein, the obligations of the 

8 United States Government under the Social Security Act 

9 with respect to such residents of the nation of Puerto Rico 

10 shall cease. 

11 (c) OTHER FEDERAL TRANSFER PAYMENTS.— 

12 (1) BLOCK GRANTS.—All other Federal transfer 

13 payments to individuals and to the Government of 

14 the territory of Puerto Rico shall be maintained in 

15 the form of annual block grants to be used 

16 discretionally by the Government of the nation of 

17 Puerto Rico. 

18 (2) ANNUAL AGGREGATE FUNDING.—During 

19 the ten fiscal years following the proclamation of 

20 independence, the annual block grants shall amount 

21 to the annual aggregate funding of all programs 

22 which currently extend to the territory of Puerto 

23 Rico, or of all programs which shall have been ex24 tended to the territory of Puerto Rico during the fisVerDate Sep 11 2014 06:47 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3231.IS S3231

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•S 3231 IS

1 cal year immediately prior to the proclamation of 

2 independence, whichever shall be greater. 

3 (3) DECREASE IN AMOUNT.—The annual block 

4 grants shall decrease thereafter on a straight-line 

5 basis, at the rate of ten percent each year, beginning 

6 on the eleventh fiscal year after the proclamation of 

7 independence. At any time during the aforemen8 tioned transition period the terms of this subsection 

9 may be modified by agreement between the United 

10 States and the nation of Puerto Rico. 

11 TITLE II—TRANSITION AND IM12 PLEMENTATION—SOV13 EREIGNTY IN FREE ASSOCIA14 TION WITH THE UNITED 

15 STATES 

16 SEC. 201. CONSTITUTIONAL CONVENTION. 

17 (a) ELECTION OF DELEGATES.—Not later than 6 

18 months after the effective date of certification of a plebi19 scite result under this Act in favor of Sovereignty in Free 

20 Association with the United States, the legislature of 

21 Puerto Rico shall provide for the election of delegates to 

22 a constitutional Convention to formulate and draft a Con23 stitution for the nation of Puerto Rico. 


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1 (b) ELIGIBLE VOTERS.—All eligible voters may vote 

2 in the election of delegates to the constitutional Conven3 tion. 

4 (c) GENERAL APPLICABILITY OF ELECTORAL

5 LAW.—The laws of the territory of Puerto Rico relating 

6 to the electoral process shall apply to a special election 

7 held under this Act. 

8 (d) INITIAL MEETING.—Not later than 3 months 

9 after the election of delegates to the constitutional Con10 vention, the elected delegates shall meet at such time and 

11 place as the legislature of Puerto Rico shall determine. 

12 The initial meeting shall constitute the establishment of 

13 the constitutional Convention. 

14 SEC. 202. CHARACTER OF THE CONSTITUTION. 

15 The constitutional Convention under section 201 

16 shall formulate and draft a Constitution for Puerto Rico 

17 that guarantees the protection of fundamental human 

18 rights, including— 

19 (1) due process and equal protection under the 

20 law; 

21 (2) freedom of speech, press, assembly, associa22 tion, and religion; 

23 (3) the rights of the accused; 


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•S 3231 IS

1 (4) any other economic, social, and cultural 

2 rights as the constitutional Convention may deem 

3 appropriate and necessary; and 

4 (5) provisions to ensure that no individual born 

5 in the nation of Puerto Rico shall be stateless at 

6 birth. 

7 SEC. 203. SUBMISSION; RATIFICATION. 

8 (a) SUBMISSION.—Not later than 2 years after the 

9 establishment of the constitutional Convention, the Con10 stitution formulated and drafted by the constitutional 

11 Convention shall be submitted to the eligible voters of 

12 Puerto Rico for ratification or rejection in a special elec13 tion. 

14 (b) MANNER OF ELECTION.—The special election 

15 held under this subsection shall be held in the manner pre16 scribed by the legislature of Puerto Rico. 

17 SEC. 204. ELECTION OF OFFICERS. 

18 (a) IN GENERAL.—Not later than one month after 

19 the ratification of the Constitution under section 203, the 

20 Governor of the territory of Puerto Rico shall issue a proc21 lamation calling for the election of such officers of the na22 tion of Puerto Rico as may be required by the ratified 

23 Constitution. 

24 (b) REJECTION.—If the special election results in re25 jection of the Constitution, the process provided for in secVerDate Sep 11 2014 06:47 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3231.IS S3231

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•S 3231 IS

1 tions 201 through 203 shall be repeated, except that sec2 tion 201(a) shall be applied by substituting— 

3 (1) ‘‘the special election’’ for ‘‘a plebiscite’’; and 

4 (2) ‘‘rejecting the Constitution’’ for ‘‘in favor of 

5 sovereignty in free association with the United 

6 States’’. 

7 (c) DEADLINE; PROCEDURES.—The election under 

8 subsection (a) shall be held— 

9 (1) not later than 6 months after the date of 

10 ratification of the Constitution; and 

11 (2) in accordance with the procedures and re12 quirements established in the Constitution of the na13 tion of Puerto Rico. 

14 (d) CERTIFICATION OF RESULTS.—Not later than 10 

15 days after the election of officers under subsection (a), the 

16 Elections Commission shall certify the results of the elec17 tion. The Governor of the territory of Puerto Rico shall 

18 inform the results of the election to the President of the 

19 United States, the President pro tempore of the United 

20 States Senate, the Speaker of the United States House 

21 of Representatives, the Committee on Energy and Natural 

22 Resources of the Senate, and the Committee on Natural 

23 Resources of the House of Representatives. 


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•S 3231 IS

1 SEC. 205. PROCLAMATIONS BY PRESIDENT OF THE UNITED 

2 STATES; HEAD OF STATE OF PUERTO RICO. 

3 (a) PROCLAMATION.—Not later than one month after 

4 the official certification of the elected officers of the nation 

5 of Puerto Rico under section 204, the President of the 

6 United States shall by proclamation— 

7 (1) withdraw and surrender all rights of posses8 sion, supervision, jurisdiction, control, or sovereignty 

9 then existing and exercised by the United States 

10 over the territory and residents of Puerto Rico; 

11 (2) recognize, on behalf of the United States of 

12 America, the international sovereignty through free 

13 association of the nation of Puerto Rico and the au14 thority of the government instituted by eligible vot15 ers of Puerto Rico under the Constitution of their 

16 own adoption; and 

17 (3) state that the effective date of withdrawal 

18 of the sovereignty of the United States and recogni19 tion of international sovereignty through free asso20 ciation shall be the same as the date of the procla21 mation. 

22 (b) COPY OF PROCLAMATION FORWARDED.—The 

23 President of the United States shall forward a copy of the 

24 proclamation issued under subsection (a) not later than 

25 one week after signature to the presiding officer of the 

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•S 3231 IS

1 ed as head of state of the nation, the President pro tem2 pore of the United States Senate, the Speaker of the 

3 United States House of Representatives, the Senate Com4 mittee on Energy and Natural Resources, and the House 

5 Committee on Natural Resources. 

6 (c) DATE GOVERNMENT TO TAKE OFFICE.—Not 

7 later than one week after the date of receipt of the Presi8 dential proclamation and with the advice of the officer 

9 elected as head of state of the nation, the presiding officer 

10 of the constitutional Convention shall determine the date 

11 on which the Government of the nation shall take office, 

12 and shall so notify the Governor of the territory of Puerto 

13 Rico, the President of the United States, the President 

14 pro tempore of the United States Senate, and the Speaker 

15 of the United States House of Representatives. 

16 SEC. 206. LEGAL AND CONSTITUTIONAL PROVISIONS. 

17 Upon the proclamation of international sovereignty 

18 through free association as provided in this title, and ex19 cept as otherwise provided in this title or in any separate 

20 agreements thereafter concluded between the United 

21 States and the nation of Puerto Rico— 

22 (1) all property, rights, and interests which the 

23 United States may have acquired over Puerto Rico 

24 by virtue of the Treaty of Paris of 1898, and there25 after by cession, purchase, or eminent domain, with 


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•S 3231 IS

1 the exception of such land and other property, 

2 rights, or interests as may have been sold or other3 wise legally disposed of prior to the proclamation of 

4 international sovereignty through free association, 

5 shall vest ipso facto in the nation of Puerto Rico; 

6 and 

7 (2) except as provided in section 209, all laws 

8 of the United States applicable to the territory of 

9 Puerto Rico immediately prior to the proclamation 

10 of international sovereignty through free association 

11 shall no longer apply in the nation of Puerto Rico. 

12 SEC. 207. JUDICIAL PRONOUNCEMENTS. 

13 (a) JUDGMENTS BEFORE PROCLAMATION.—The na14 tion of Puerto Rico shall recognize and give effect to all 

15 orders and judgments rendered by United States or terri16 torial courts before the date of the proclamation of inter17 national sovereignty through free association pursuant to 

18 the laws of the United States then applicable to the terri19 tory of Puerto Rico. 

20 (b) CONTINUITY OF PENDING PROCEEDINGS.—All 

21 judicial proceedings pending in the courts of the territory 

22 of Puerto Rico on the day of the proclamation of inter23 national sovereignty through free association shall be con24 tinued in the corresponding courts under the Constitution 

25 of the nation of Puerto Rico. 


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•S 3231 IS

1 (c) TRANSFER OF JUDICIAL POWER.—Upon the 

2 proclamation of international sovereignty through free as3 sociation, the judicial power of the United States shall no 

4 longer extend to Puerto Rico. All proceedings pending in 

5 the United States District Court for the District of Puerto 

6 Rico shall be transferred to the corresponding Puerto 

7 Rican courts of competence or other competent judicial 

8 authority under the Constitution of the nation of Puerto 

9 Rico for disposition in conformity with laws applicable at 

10 the time when the controversy in process arose. All pro11 ceedings pending in the United States Court of Appeals 

12 for the First Circuit, or in the Supreme Court of the 

13 United States, that initiated in, or that could have been 

14 initiated in, the courts of the territory or in the United 

15 States District Court for the District of Puerto Rico shall 

16 continue until their final disposition and shall be sub17 mitted to the competent authority of the nation of Puerto 

18 Rico for proper execution: Provided, That neither the 

19 United States nor any of its officers is a party, in which 

20 case any final judgment shall be properly executed by the 

21 competent authority of the United States. 

22 SEC. 208. CITIZENSHIP AND IMMIGRATION LAWS AFTER 

23 SOVEREIGNTY THROUGH FREE ASSOCIATION. 

24 (a) IN GENERAL.— 


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•S 3231 IS

1 (1) PUERTO RICAN NATIONALITY.—After the 

2 proclamation of international sovereignty through 

3 free association, the citizenship status of each indi4 vidual born in Puerto Rico shall be determined in 

5 accordance with the Constitution and laws of the na6 tion of Puerto Rico. 

7 (2) UNITED STATES IMMIGRATION LAWS.—Ex8 cept as described in this section, after the proclama9 tion of international sovereignty through free asso10 ciation, citizens of Puerto Rico seeking to enter into 

11 the United States or obtain citizenship in the United 

12 States shall be subject to the immigration laws of 

13 the United States (as such term is defined in section 

14 101 of the Immigration and Nationality Act (8 

15 U.S.C. 1101)). 

16 (b) EFFECT OF PUERTO RICAN CITIZENSHIP.— 

17 Nothing in this Act precludes or limits the applicability 

18 of section 349 of the Immigration and Nationality Act (8 

19 U.S.C. 1481), except that the provision of citizenship by 

20 the laws of Puerto Rico shall not constitute or otherwise 

21 serve as the basis of loss, or relinquishment of United 

22 States citizenship under such section. 

23 (c) CITIZENSHIP AT BIRTH AFTER SOVEREIGNTY.— 

24 (1) IN GENERAL.—Except as described in para25 graph (2), an individual born in Puerto Rico after 


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•S 3231 IS

1 the proclamation of international sovereignty 

2 through free association to at least one parent who 

3 became a United States citizen under section 302 of 

4 the Immigration and Nationality Act (8 U.S.C. 

5 1402) is not a United States citizen at birth under 

6 subsection (c), (d), or (g) of section 301 of the Im7 migration and Nationality Act (8 U.S.C. 1401 (c), 

8 (d), or (g)). 

9 (2) TRANSITION PERIOD.—During the imple10 mentation of the first Articles of Free Association, 

11 an individual born in Puerto Rico to at least one 

12 parent who is a citizen of the United States shall be 

13 a United States citizen at birth under section 301 

14 of the Immigration and Nationality Act (8 U.S.C. 

15 1401) if otherwise eligible. 

16 (d) TRAVEL AND WORK AUTHORIZATION.— 

17 (1) Any person in the following categories may 

18 enter, lawfully engage in occupations, and establish 

19 residence as a nonimmigrant in the United States 

20 and its territories and possessions without regard to 

21 paragraphs (5)(A) and (7) of section 212(a) of the 

22 Immigration and Nationality Act (8 U.S.C. 1182(a); 

23 (5)(A) and (7)): 

24 (A) a person who acquires the citizenship 

25 of Puerto Rico, at birth, on or after the effecVerDate Sep 11 2014 06:47 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3231.IS S3231

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•S 3231 IS

1 tive date of international sovereignty through 

2 free association; or 

3 (B) a naturalized citizen of Puerto Rico, 

4 who has been an actual resident there for not 

5 less than five years after attaining such natu6 ralization and who holds a proof of such resi7 dence. 

8 Such persons shall be considered to have the permis9 sion of the Secretary of Homeland Security to accept 

10 employment in the United States. 

11 (2) The right of such persons to establish habit12 ual residence in a territory or possession of the 

13 United States may, however, be subjected to non14 discriminatory limitations provided for— 

15 (A) in statutes or regulations of the United 

16 States; or 

17 (B) in those statutes or regulations of the 

18 territory or possession concerned which are au19 thorized by the laws of the United States. 

20 (3) This subsection shall expire upon the termi21 nation of the Articles of Free Association in accord22 ance with section 211. 

23 (e) CONFORMING AMENDMENTS.— 

24 (1) IN GENERAL.—Section 101 of the Immigra25 tion and Nationality Act (8 U.S.C. 1101) is amendVerDate Sep 11 2014 06:47 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S3231.IS S3231

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•S 3231 IS

1 ed by striking ‘‘Puerto Rico,’’ in subsection (a) para2 graph (36) and in subsection (a) paragraph (38). 

3 (2) PRIOR TO SOVEREIGNTY.—Puerto Rico 

4 shall be considered to be in the United States, as 

5 such term is defined in section 101(a)(38) of the 

6 Immigration and Nationality Act (8 U.S.C. 

7 1101(a)(38)) prior to the date of international sov8 ereignty through free association. 

9 (f) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall limit the power and authority of the United 

11 States to change policy requirements for United States 

12 citizenship. 

13 SEC. 209. CONFORMING AMENDMENTS TO EXISTING LAW. 

14 (a) REVIEW.—Not later than 30 days after the initial 

15 meeting of a constitutional Convention under section 

16 201(d), the President shall initiate a review of Federal law 

17 with respect to Puerto Rico, including those regarding— 

18 (1) taxation of persons and businesses; 

19 (2) health care; 

20 (3) housing; 

21 (4) transportation; 

22 (5) education; and 

23 (6) entitlement programs. 

24 (b) RECOMMENDATIONS.—Not later than one year 

25 after the date on which the President initiates a review 


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•S 3231 IS

1 under subsection (a), the President shall submit rec2 ommendations to Congress for changes to Federal law 

3 identified during such review, as the President deems ap4 propriate. 

5 SEC. 210. BILATERAL NEGOTIATING COMMISSION. 

6 (a) IN GENERAL.—If a plebiscite held under this Act 

7 results in a majority vote for sovereignty in free associa8 tion with the United States, there shall be a Bilateral Ne9 gotiating Commission which shall conduct negotiations on 

10 Articles of Free Association with the United States. 

11 (b) MEMBERS.—Not later than 3 months after the 

12 establishment of the constitutional Convention under sec13 tion 201— 

14 (1) the Convention shall elect, by majority vote, 

15 5 members from among its delegates to join the Bi16 lateral Negotiating Commission on behalf of Puerto 

17 Rico; and 

18 (2) the President of the United States shall 

19 designate 5 members to the Bilateral Negotiating 

20 Commission, one of whom shall also be nominated 

21 for the rank of Ambassador, to negotiate on behalf 

22 of the United States. 

23 (c) INITIAL MEETING.—Not later than 3 months 

24 after the election and designation of members to the Bilat25 eral Negotiating Commission, members shall meet at such 


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•S 3231 IS

1 time and place as the legislature of Puerto Rico shall de2 termine. Such meeting shall constitute the establishment 

3 of the Bilateral Negotiating Commission. 

4 (d) DUTIES.—The Bilateral Negotiating Commission 

5 shall— 

6 (1) be responsible for expediting the orderly 

7 transfer of all functions currently exercised by the 

8 Government of the United States in Puerto Rico, to 

9 Puerto Rico, and shall recommend to Congress any 

10 appropriate legislation to carry into effect such 

11 transfer, including any appropriate enabling legisla12 tion as may be required by the Articles of Free As13 sociation; 

14 (2) negotiate all matters pertaining to the gov15 ernment-to-government relationship between Puerto 

16 Rico and the United States through the development 

17 of the Articles of Free Association, including foreign 

18 affairs, trade, finance, taxation, currency, economic 

19 assistance, security and defense, dispute resolution, 

20 immigration, economic benefits (including grants), 

21 and termination of the free association status; and 

22 (3) endeavor to complete the Articles of Free 

23 Association not later than 2 years after the com24 mencement of the constitutional Convention. 


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•S 3231 IS

1 (e) COLLABORATION.—The Government of the terri2 tory of Puerto Rico and the agencies of the Government 

3 of the United States shall collaborate with the Bilateral 

4 Negotiating Commission to provide for the orderly trans5 fer of the functions of government as required by the Arti6 cles of Free Association. 

7 SEC. 211. ARTICLES OF FREE ASSOCIATION APPROVAL AND 

8 EFFECTIVE DATE. 

9 (a) APPROVAL.—The Articles of Free Association 

10 shall come into effect upon mutual agreement between the 

11 Government of the United States and the Government of 

12 Puerto Rico after completion of approval by— 

13 (1) a separate ratification vote on the Articles 

14 by the eligible voters in the special election held 

15 under section 203; and 

16 (2) the Government of the United States in ac17 cordance with its constitutional processes. 

18 (b) REJECTION.—If the special election under sub19 section (a)(1) results in rejection of the Articles of Free 

20 Association, the process provided for in section 210 and 

21 subsection (a) shall be repeated. 

22 SEC. 212. TERMINATION. 

23 The Articles of Free Association between the United 

24 States and Puerto Rico may be terminated at will by ei25 ther party at any time. 


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•S 3231 IS

1 SEC. 213. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS 

2 AND GRANTS. 

3 (a) RIGHTS AND BENEFITS.—All vested rights and 

4 benefits which accrue to residents of the territory of Puer5 to Rico under the laws of the United States from past 

6 services or contributions, such as rights and benefits for 

7 veterans or relatives of veterans of the Armed Forces of 

8 the United States, retired Government employees, or bene9 ficiaries of old age, disability, or survivors’ insurance bene10 fits under the Social Security Act, shall not be interrupted 

11 after the proclamation of international sovereignty 

12 through free association but will continue until such time 

13 as said rights and benefits are completely extinguished ac14 cording to the applicable laws of the United States. All 

15 services which must be rendered as part of these rights 

16 and benefits shall be made available through the Govern17 ment of the nation of Puerto Rico in accordance with 

18 agreements reached by the two nations. 

19 (b) SOCIAL SECURITY SYSTEM.—Notwithstanding 

20 subsection (a), all contributions made by employees and 

21 employers in Puerto Rico to the Social Security system 

22 with respect to persons who, upon the proclamation of 

23 international sovereignty through free association, are 

24 residents of the nation of Puerto Rico and are not yet eli25 gible for old age, disability, or survivors’ insurance bene26 fits under the system, shall be transferred to the GovernVerDate Sep 11 2014 06:47 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3231.IS S3231

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1 ment of the nation of Puerto Rico once said Government 

2 establishes its own social security system. The Govern3 ment of the nation of Puerto Rico may not use these funds 

4 for any purpose other than the establishment and oper5 ation of a social security system. Upon the transfer de6 scribed herein, the obligations of the United States Gov7 ernment under the Social Security Act with respect to 

8 such residents of the nation of Puerto Rico shall cease. 

9 (c) OTHER FEDERAL TRANSFER PAYMENTS.—All 

10 other Federal transfer payments to individuals and to the 

11 Government of the territory of Puerto Rico shall be main12 tained in the form of annual block grants to be used 

13 discretionally by the Government of the nation of Puerto 

14 Rico— 

15 (1) during the 10 fiscal years following the 

16 proclamation of international sovereignty through 

17 free association, the annual block grants shall 

18 amount to the annual aggregate funding of all pro19 grams which currently extend to the territory of 

20 Puerto Rico, or of all programs which shall have 

21 been extended to the territory of Puerto Rico during 

22 the fiscal year immediately prior to the proclamation 

23 of international sovereignty through free association, 

24 whichever shall be greater; and 


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1 (2) the annual block grants shall decrease 

2 thereafter on a straight-line basis, at the rate of ten 

3 percent each year, beginning on the eleventh fiscal 

4 year after the proclamation of international sov5 ereignty through free association. At any time dur6 ing the aforementioned transition period the terms 

7 of this subsection may be modified by agreement be8 tween the United States and the nation of Puerto 

9 Rico. 

10 (d) REVISION.—The terms and conditions of this 

11 subsection may be revised as part of an agreement under 

12 the Articles of Free Association. 

13 TITLE III—TRANSITION AND 

14 IMPLEMENTATION—STATEHOOD 

15 SEC. 301. PRESIDENTIAL PROCLAMATION; ADMISSION INTO 

16 THE UNION. 

17 If a plebiscite held under this Act results in a major18 ity vote for statehood: 

19 (1) PRESIDENTIAL PROCLAMATION; DATE OF

20 ADMISSION.—Upon receipt of the Elections Commis21 sion’s certification of the plebiscite results pursuant 

22 to section 5(d), the President shall issue a proclama23 tion declaring the date that Puerto Rico is admitted 

24 as a State of the Union on an equal footing with all 

25 other States, which shall be a date not later than 


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1 one year after the effective date of the plebiscite re2 sults. 

3 (2) SUBMISSION OF PROCLAMATION.—The 

4 President shall cause such proclamation to be sub5 mitted to the Governor of Puerto Rico, the legisla6 ture of Puerto Rico, the President pro tempore of 

7 the United States Senate, the Speaker of the United 

8 States House of Representatives, the Senate Com9 mittee on Energy and Natural Resources, and the 

10 House Committee on Natural Resources. 

11 (3) ADMISSION INTO THE UNION.—Subject to 

12 the provisions of this Act, and upon the date de13 clared by the President for admission of Puerto Rico 

14 as a State under the proclamation under paragraph 

15 (1), the territory of Puerto Rico shall be a State of 

16 the United States of America and as such admitted 

17 into the Union on an equal footing with the other 

18 States in all respects. Upon admission, Puerto Rico 

19 shall be known as the State of Puerto Rico. 

20 (4) INCORPORATION.—Puerto Rico shall remain 

21 unincorporated until its admission as a State of the 

22 Union under paragraph (3). 

23 SEC. 302. CONFORMING AMENDMENTS TO EXISTING LAW. 

24 (a) REVIEW.—Not later than 30 days after the cer25 tification of a plebiscite result under this Act in favor of 


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1 statehood, the President shall initiate a review of Federal 

2 law with respect to Puerto Rico, including those regard3 ing— 

4 (1) taxation of persons and businesses; 

5 (2) health care; 

6 (3) housing; 

7 (4) transportation; 

8 (5) education; and 

9 (6) entitlement programs. 

10 (b) RECOMMENDATIONS.—Not later than one year 

11 after the date on which the President initiates a review 

12 under subsection (a), the President shall submit any rec13 ommendations to Congress for changes to Federal law 

14 identified during such review, as the President deems ap15 propriate. 

16 SEC. 303. TERRITORY AND BOUNDARIES. 

17 The State of Puerto Rico shall consist of all of the 

18 islands, together with their appurtenant reefs, seafloor, 

19 submerged lands, and territorial waters in the seaward 

20 boundary, presently under the jurisdiction of the territory 

21 of Puerto Rico. 

22 SEC. 304. CONSTITUTION. 

23 (a) IN GENERAL.—The Constitution of the territory 

24 of Puerto Rico, as approved by Public Law 82–447 and 

25 subsequently amended as of the date of enactment of this 


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1 Act is hereby found to be republican in form and in con2 formity with the Constitution of the United States and 

3 the principles of the Declaration of Independence, and is 

4 hereby accepted, ratified, and confirmed as the Constitu5 tion of the State of Puerto Rico. 

6 (b) FUTURE CONSTITUTIONS.—The Constitution of 

7 the State of Puerto Rico— 

8 (1) shall always be republican in form; and 

9 (2) shall not be repugnant to the Constitution 

10 of the United States and the principles of the Dec11 laration of Independence. 

12 SEC. 305. ELECTIONS OF SENATORS AND REPRESENTA13 TIVES, CERTIFICATION, AND LEGAL DIS14 PUTES. 

15 (a) ELECTIONS OF SENATORS AND REPRESENTA16 TIVES.—Not more than one month after the proclamation 

17 under section 301, the Governor of Puerto Rico shall issue 

18 a declaration that shall designate and announce the dates 

19 and other requirements for primary and general elections 

20 under applicable Federal and local law for representation 

21 in the Senate and the House of Representatives of the 

22 United States upon admission of Puerto Rico as a State. 

23 (b) RESIDENT COMMISSIONER.—The office of Resi24 dent Commissioner of Puerto Rico shall cease to exist 


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1 upon the swearing in of the first Representative from the 

2 State of Puerto Rico to the House of Representatives. 

3 (c) SENATORS AND REPRESENTATIVES.— 

4 (1) IN GENERAL.—Upon its admission into the 

5 Union, the State of Puerto Rico shall be entitled to 

6 Senators and Representatives who shall be entitled 

7 to be admitted to seats in the Congress of the 

8 United States and to all the rights and privileges of 

9 Senators and Representatives of the other States in 

10 the Congress of the United States. 

11 (2) FIRST ELECTION OF SENATORS.—In the 

12 first election of Senators, the two senatorial offices 

13 shall be separately identified and designated, and no 

14 person may be a candidate for both offices. Nothing 

15 in this section shall impair the privilege of the Sen16 ate to determine the class and term to which each 

17 of the Senators elected shall be assigned, with the 

18 exception that the Senators shall not be in the same 

19 class. 

20 (3) FIRST ELECTION OF REPRESENTATIVES.— 

21 In the first election of Representatives, and subse22 quent elections until the next Census-based reappor23 tionment cycle, the State of Puerto Rico shall be en24 titled to the same number of Representatives as the 

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1 est to, but less than, that of Puerto Rico, and such 

2 Representatives shall be in addition to the member3 ship of the House of Representatives as now pre4 scribed by law. Any such increase in the membership 

5 shall not operate to either increase or decrease the 

6 permanent membership of the House of Representa7 tives as prescribed in the Act of August 8, 1911 (37 

8 Stat. 13), nor shall such temporary increase affect 

9 the basis of apportionment established by the Act of 

10 November 15, 1941 (55 Stat. 761), for the 83d Con11 gress and each Congress thereafter, unless Congress 

12 acts to increase the total number of Members of the 

13 House of Representatives. Thereafter, the State of 

14 Puerto Rico shall be entitled to such number of Rep15 resentatives as provided for by applicable law based 

16 on the next reapportionment. The apportionment of 

17 congressional districts for the first election and sub18 sequent election of Representatives shall be con19 ducted as provided for by the Constitution and laws 

20 of the State of Puerto Rico for state legislative dis21 tricts. 

22 (d) CERTIFICATION OF RESULTS.—The Elections 

23 Commission shall certify the results of primary and gen24 eral elections for representation in the Senate and the 

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1 ernor. Not later than 10 days after the date of each certifi2 cation, the Governor shall declare the results of the pri3 mary and general elections, and transmit the results of 

4 each election to the President of the United States, the 

5 President pro tempore of the Senate, and the Speaker of 

6 the House of Representatives. 

7 (e) JURISDICTION OF DISTRICT COURT.—The United 

8 States District Court for the District of Puerto Rico shall 

9 have original and exclusive jurisdiction of any civil action 

10 alleging a dispute or controversy pertaining to electoral 

11 processes conducted under this section. 

12 SEC. 306. STATE TITLE TO LAND AND PROPERTY. 

13 (a) STATE TITLE.—The State of Puerto Rico and its 

14 political subdivisions and dependencies shall have and re15 tain title to all property, real and personal, held by the 

16 territory of Puerto Rico and its political subdivisions and 

17 dependencies on the date of the admission of Puerto Rico 

18 into the Union. 

19 (b) FEDERAL TITLE.—Any lands and other prop20 erties that, as of the date of admission of Puerto Rico 

21 into the Union, are set aside pursuant to law for the use 

22 of the United States under any— 

23 (1) Act of Congress; 

24 (2) Executive order; 

25 (3) proclamation of the President; or 


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1 (4) proclamation of the Governor of the terri2 tory of Puerto Rico, 

3 shall remain the property of the United States. 

4 (c) CONTINENTAL SHELF.—The State of Puerto Rico 

5 shall have the exclusive right to explore, exploit, lease, pos6 sess, and use all seabed, natural, and mineral resources 

7 lying within three marine leagues (nine nautical miles) 

8 from its shore, as granted under section 8 of the Act of 

9 March 2, 1917 (48 U.S.C. 749; 39 Stat. 954). All other 

10 rights of sovereignty in regards to the continental shelf 

11 and waters, shall belong to the United States, except those 

12 already vested in Puerto Rico. 

13 SEC. 307. CONTINUITY OF LAWS, GOVERNMENT, AND OBLI14 GATIONS. 

15 Upon the admission of the State of Puerto Rico into 

16 the Union: 

17 (1) CONTINUITY OF LAWS.—All of the terri18 torial laws in force in Puerto Rico on the date of 

19 issuance of the proclamation described in section 

20 301(1) not inconsistent with this Act or the Con21 stitution of the State of Puerto Rico shall be and 

22 continue in force and effect throughout the State, 

23 until amended, modified, or repealed by the State. 

24 All of the laws of the United States shall have the 


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1 same force and effect within the State as in the 

2 other several States. 

3 (2) CONTINUITY OF GOVERNMENT.—The indi4 viduals holding legislative, executive, and judicial of5 fices of Puerto Rico shall continue to discharge the 

6 duties of their respective offices when Puerto Rico 

7 becomes a State of the Union in, under, or by au8 thority of the government of the State, as provided 

9 by the constitution and laws of the State. 

10 (3) CONTINUITY OF OBLIGATIONS.—All con11 tracts, obligations, liabilities, debts, and claims of 

12 the territory of Puerto Rico and its instrumentalities 

13 at the moment of admission shall continue in full 

14 force and effect as the contracts, obligations, liabil15 ities, debts, and claims of the State of Puerto Rico 

16 and its instrumentalities when Puerto Rico becomes 

17 a State of the Union. 

18 (4) USE AND ENJOYMENT OF PROPERTY.—All 

19 laws of the United States reserving to the United 

20 States the free use or enjoyment of property which 

21 vests in or is conveyed to the State of Puerto Rico 

22 or its political subdivisions pursuant to this section 

23 or reserving the right to alter, amend, or repeal laws 

24 relating thereto, shall cease to be effective. 


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1 SEC. 308. JUDICIAL PRONOUNCEMENTS. 

2 (a) PENDING.—No writ, action, indictment, cause, or 

3 proceeding pending in any court of the territory of Puerto 

4 Rico, shall abate by reason of the admission of the State 

5 of Puerto Rico into the Union, but shall proceed within 

6 such appropriate State courts as shall be established 

7 under the Constitution of the State of Puerto Rico, or 

8 shall continue in the United States District Court for the 

9 District of Puerto Rico, as the nature of the case may 

10 require. 

11 (b) NOT YET PENDING.—All civil causes of action 

12 and all criminal offenses, which shall have arisen or been 

13 committed before the admission of the State, but as to 

14 which no writ, action, indictment, or proceeding shall be 

15 pending at the date of such admission, shall be subject 

16 to prosecution in the appropriate State courts or in the 

17 United States District Court for the District of Puerto 

18 Rico in like manner, to the same extent, and with like 

19 right of appellate review, as if such State had been created 

20 and such State courts had been established prior to the 

21 accrual of such causes of action or the commission of such 

22 offenses. The admission of the State shall effect no change 

23 in the procedural or substantive laws governing causes of 

24 action and criminal offenses which shall have arisen or 

25 been committed, and any such criminal offenses as shall 

26 have been committed against the laws of the territory of 


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1 Puerto Rico, shall be tried and punished by the appro2 priate courts of the State, and any such criminal offenses 

3 as shall have been committed against the laws of the 

4 United States shall be tried and punished in the United 

5 States District Court for the District of Puerto Rico. 

6 (c) APPEALS.—Parties shall have the same rights of 

7 judicial review of final decisions of the United States Dis8 trict Court for the District of Puerto Rico or the Supreme 

9 Court of Puerto Rico, in any case finally decided prior to 

10 the admission of the State of Puerto Rico into the Union, 

11 whether or not an appeal therefrom shall have been per12 fected prior to such admission. The United States Court 

13 of Appeals for the First Circuit and the Supreme Court 

14 of the United States, shall have the same jurisdiction in 

15 such cases as by law provided prior to the admission of 

16 the State into the Union. Any mandate issued subsequent 

17 to the admission of the State, shall be to the United States 

18 District Court for the District of Puerto Rico or a court 

19 of the State, as appropriate. Parties shall have the same 

20 rights of appeal from and appellate review of all orders, 

21 judgments, and decrees of the United States District 

22 Court for the District of Puerto Rico and of the Supreme 

23 Court of Puerto Rico, in any case pending at the time 

24 of admission of the State into the Union, and the Supreme 

25 Court of Puerto Rico and the Supreme Court of the 


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1 United States shall have the same jurisdiction therein, as 

2 by law provided in any case arising subsequent to the ad3 mission of the State into the Union. 

Æ 


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