[House Report 117-642]
[From the U.S. Government Publishing Office]


117th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {      117-642

======================================================================



 
                         PUERTO RICO STATUS ACT

                                _______
                                

 December 14, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 8393]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 8393) 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, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Puerto Rico Status Act''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
Sec. 5. Plebiscite.
Sec. 6. Nonpartisan voter education campaign.
Sec. 7. Oversight.
Sec. 8. Funds for voter education; plebiscites.
Sec. 9. Bilingual voter educational materials and ballots.
Sec. 10. Puerto Rico Oversight, Management, and Economic Stability Act.
Sec. 11. Severability.

         TITLE I--TRANSITION AND IMPLEMENTATION -- INDEPENDENCE

Sec. 101. Constitutional convention.
Sec. 102. Character of the constitution.
Sec. 103. Submission; ratification.
Sec. 104. Election of officers.
Sec. 105. Conforming amendments to existing law.
Sec. 106. Joint Transition Commission.
Sec. 107. Proclamations by President of the United States; Head of 
State of Puerto Rico.
Sec. 108. Legal and constitutional provisions.
Sec. 109. Judicial pronouncements.
Sec. 110. Citizenship and immigration laws after Puerto Rican 
independence.
Sec. 111. Individual rights to economic benefits and grants.

    TITLE II--TRANSITION AND IMPLEMENTATION -- SOVEREIGNTY IN FREE 
                   ASSOCIATION WITH THE UNITED STATES

Sec. 201. Constitutional convention.
Sec. 202. Character of the constitution.
Sec. 203. Submission; ratification.
Sec. 204. Election of officers.
Sec. 205. Proclamations by President of the United States; Head of 
State of Puerto Rico.
Sec. 206. Legal and constitutional provisions.
Sec. 207. Judicial pronouncements.
Sec. 208. Citizenship and immigration laws after sovereignty through 
free association.
Sec. 209. Conforming amendments to existing law.
Sec. 210. Bilateral Negotiating Commission.
Sec. 211. Articles of Free Association approval and effective date.
Sec. 212. Termination.
Sec. 213. Individual rights to economic benefits and grants.

         TITLE III--TRANSITION AND IMPLEMENTATION -- STATEHOOD

Sec. 301. Presidential proclamation; Admission into the Union.
Sec. 302. Conforming amendments to existing law.
Sec. 303. Territory and boundaries.
Sec. 304. Constitution.
Sec. 305. Elections of Senators and Representatives, certification, and 
legal disputes.
Sec. 306. State title to land and property.
Sec. 307. Continuity of laws, government, and obligations.
Sec. 308. Judicial pronouncements.

SEC. 3. FINDINGS.

  In recognition of the inherent limitations of Puerto Rico's 
territorial status, and the responsibility of the Federal Government to 
enable the people of the territory to freely express their wishes 
regarding political status and achieve full self-government, Congress 
seeks to enable the eligible voters of Puerto Rico to choose a 
permanent, non-territorial, fully self-governing political status for 
Puerto Rico and to provide for a transition to and the implementation 
of said permanent, nonterritorial, fully self-governing status.

SEC. 4. DEFINITIONS.

  In this Act:
          (1) Bilateral negotiating commission.--The term ``Bilateral 
        Negotiating Commission'' means the Bilateral Negotiating 
        Commission established under section 209(a).
          (2) Elections commission.--The term ``Elections Commission'' 
        means the Puerto Rico State Elections Commission (Comision 
        Estatal de Elecciones de Puerto Rico, in Spanish).
          (3) Eligible voters.--The term ``eligible voters'' means bona 
        fide residents of Puerto Rico who are otherwise qualified to 
        vote in general elections in Puerto Rico.
          (4) Initial plebiscite.--The term ``initial plebiscite'' 
        means the plebiscite required by section 5(a)(1).
          (5) Majority.--The term ``majority'' means more than 50 
        percent.
          (6) Runoff plebiscite.--The term ``runoff plebiscite'' means 
        the plebiscite required by section 5(a)(4).

SEC. 5. PLEBISCITE.

  (a) In General.--
          (1) Initial plebiscite.--A plebiscite to resolve Puerto 
        Rico's political status shall be held on November 5, 2023.
          (2) Options.--The plebiscite held under paragraph (1) shall 
        offer eligible voters a choice of one of the three options 
        which shall be presented on the ballot as follows:
                  (A) Independence.
                  (B) Sovereignty in Free Association with the United 
                States.
                  (C) Statehood.
          (3) Majority vote required.--Approval of a status option must 
        be by a majority of the valid votes cast.
          (4) Runoff plebiscite.--If there is not a majority in favor 
        of one of the three options defined in this Act, then a runoff 
        plebiscite shall be held on March 3, 2024, which shall offer 
        eligible voters a choice of the two options that received the 
        most votes in the plebiscite held under paragraph (1).
  (b) Ballot Language.--A ballot for a plebiscite required by 
subsection (a) shall include the following language, except that the 
ballot for the runoff plebiscite shall omit the option that received 
the fewest votes in the initial plebiscite:
          (1) Instructions.--Mark the status option you choose as each 
        is defined below. A ballot with more than 1 option marked will 
        not be counted. A ballot with no option marked will not be 
        counted.
          (2) Independence.--If you agree, mark here ____.
                  (A) Puerto Rico is a sovereign nation that has full 
                authority and responsibility over its territory and 
                population under a constitution of its own adoption 
                which shall be the supreme law of the nation.
                  (B) Puerto Rico is vested with full powers and 
                responsibilities consistent with the rights and 
                responsibilities that devolve upon a sovereign nation 
                under international law, including its own fiscal and 
                monetary policy, immigration, trade, and the conduct in 
                its own name and right of relations with other nations 
                and international organizations.
                  (C) Puerto Rico has full authority and responsibility 
                over its citizenship and immigration laws, and birth in 
                Puerto Rico or relationship to persons with statutory 
                United States citizenship by birth in the former 
                territory shall cease to be a basis for United States 
                nationality or citizenship, except that persons who 
                have such United States citizenship have a right to 
                retain United States nationality and citizenship for 
                life, by entitlement or election as provided by Federal 
                law.
                  (D) Puerto Rico will no longer be a possession of the 
                United States for purposes of the Internal Revenue 
                Code. In general, United States citizens and United 
                States businesses in the nation of Puerto Rico will be 
                subject to United States Federal tax laws (as is the 
                case with any other United States citizen or United 
                States business abroad) and to Puerto Rican tax laws. 
                Puerto Rico's status as an independent, sovereign 
                nation will be the controlling factor in the taxation 
                of Puerto Rican taxpayers.
                  (E) The Constitution and laws of the United States no 
                longer apply in Puerto Rico and United States 
                sovereignty in Puerto Rico is ended.
          (3) Sovereignty in free association with the united states.--
        If you agree, mark here ___.
                  (A) Puerto Rico is a sovereign nation that has full 
                authority and responsibility over its territory and 
                population under a constitution of its own adoption 
                which shall be the supreme law of the nation.
                  (B) Puerto Rico is vested with full powers and 
                responsibilities consistent with the rights and 
                responsibilities that devolve upon a sovereign nation 
                under international law, including its own fiscal and 
                monetary policy, immigration, trade, and the conduct in 
                its own name and right of relations with other nations 
                and international organizations, except as otherwise 
                provided for in the Articles of Free Association to be 
                negotiated by Puerto Rico and the United States.
                  (C) Puerto Rico has full authority and responsibility 
                over its citizenship and immigration laws, and persons 
                who have United States citizenship have a right to 
                retain United States nationality and citizenship for 
                life by entitlement or election as provided by Federal 
                law.
                  (D) Birth in Puerto Rico shall cease to be a basis 
                for United States nationality or citizenship. 
                Individuals born in Puerto Rico to parents both of whom 
                are United States citizens shall be United States 
                citizens at birth, consistent with the immigration laws 
                of the United States, for the duration of the first 
                agreement of the Articles of Free Association.
                  (E) Puerto Rico enters into Articles of Free 
                Association with the United States, with such 
                devolution and reservation of governmental functions 
                and other bilateral arrangements as may be agreed to by 
                both Parties under the Articles, which shall be 
                terminable at will by either the United States or 
                Puerto Rico at any time.
                  (F) Puerto Rico will no longer be a possession of the 
                United States for purposes of the Internal Revenue 
                Code. In general, United States citizens and United 
                States businesses in the nation of Puerto Rico will be 
                subject to United States Federal tax laws (as is the 
                case with any other United States citizen or United 
                States business abroad) and to Puerto Rican tax laws. 
                Puerto Rico's status as an independent, sovereign 
                nation will be the controlling factor in the taxation 
                of Puerto Rican taxpayers. In addition, Puerto Rico 
                will enter into an agreement with the United States to 
                provide for ``Sovereignty in Free Association'' between 
                the two nations. This agreement may modify the 
                otherwise applicable tax rules, subject to negotiation 
                and ratification by the two nations.
                  (G) The Constitution of the United States no longer 
                applies in Puerto Rico, the laws of the United States 
                no longer apply in Puerto Rico except as otherwise 
                provided in the Articles of Free Association, and 
                United States sovereignty in Puerto Rico is ended.
                  (H) All matters pertaining to the government-to-
                government relationship between Puerto Rico and the 
                United States, which may include foreign affairs, 
                trade, finance, taxation, currency, economic 
                assistance, security and defense, dispute resolution 
                and termination, shall be provided for in the Articles 
                of Free Association.
          (4) Statehood.--If you agree, mark here ____.
                  (A) The State of Puerto Rico is admitted into the 
                Union on an equal footing with the other States in all 
                respects whatever and is a part of the permanent union 
                of the United States of America, subject to the United 
                States Constitution, with powers not prohibited by the 
                Constitution to the States and reserved to the State of 
                Puerto Rico or to its residents.
                  (B) The residents of Puerto Rico are fully self-
                governing with their rights secured under the United 
                States Constitution, which shall be fully applicable in 
                Puerto Rico and which, with the laws and treaties of 
                the United States, is the supreme law and has the same 
                force and effect in Puerto Rico as in the other States 
                of the Union.
                  (C) United States citizenship of those born in Puerto 
                Rico is recognized, protected, and secured under the 
                United States Constitution in the same way such 
                citizenship is for all United States citizens born in 
                the other States.
                  (D) Puerto Rico will no longer be a possession of the 
                United States for purposes of the Internal Revenue 
                Code. Instead, the State of Puerto Rico will become a 
                State on equal footing with each of the current 50 
                States in the United States of America. Individuals and 
                businesses resident in the State of Puerto Rico will be 
                subject to United States Federal tax laws as well as 
                applicable State tax laws.
  (c) Implementation of Plebiscite.--The plebiscites authorized by this 
section shall be implemented by the Elections Commission, consistent 
with the laws of Puerto Rico and Federal law.
  (d) Results.--The Elections Commission shall inform the President of 
the United States, the President pro tempore of the United States 
Senate, the Speaker of the United States House of Representatives, the 
Senate Committee on Energy and Natural Resources, and the House 
Committee on Natural Resources of--
          (1) the results of the initial plebiscite not later than 30 
        calendar days after the initial plebiscite is held; and
          (2) the results of the runoff plebiscite, if held, not later 
        than 30 calendar days after the runoff plebiscite is held.
  (e) Jurisdiction of District Court.--The United States District Court 
for the District of Puerto Rico shall have original and exclusive 
jurisdiction of any civil action alleging a dispute or controversy 
pertaining to electoral processes conducted under this section.

SEC. 6. NONPARTISAN VOTER EDUCATION CAMPAIGN.

  (a) In General.--The Elections Commission shall carry out a 
nonpartisan voter education campaign through traditional paid media and 
make available at all voting locations voter education materials 
related to the plebiscites authorized under this Act consistent with 
Department of Justice approval under section 7.
  (b) Voter Education Materials.--At a minimum, the voter education 
materials shall address for each option--
          (1) international representation;
          (2) citizenship and immigration; and
          (3) access and treatment under Federal law and programs.

SEC. 7. OVERSIGHT.

  (a) Submission of Materials.--Not later than 60 days after the date 
of the enactment of this Act, the Elections Commission shall submit the 
ballot design and voter education materials for the plebiscites 
authorized under this Act to the United States Attorney General for 
review and the Elections Commission shall make not more than one 
submission of the ballot design and voter education materials to the 
Attorney General for review.
  (b) Effect of Failure To Comply.--If the Attorney General fails to 
comply with subsection (c) within the 45-day period, the ballot design 
and voter education materials shall be considered approved.
  (c) Review.--Not later than 45 days after receiving the ballot design 
and voter education materials under subsection (a), the Attorney 
General shall review the ballot design and voter education materials to 
ensure consistency with this Act and to ensure that the three options 
defined in this Act are represented fairly, especially in the event 
that any of the three options are not represented on the Elections 
Commission by a member of a political party that supports such option, 
and--
          (1) return the materials to the Elections Commission with 
        comments and instructions for changes; or
          (2) before the expiration of the 45-day period, inform the 
        Elections Commission that no instructions or requests for 
        changes shall be made under paragraph (1), but that the 
        Attorney General reserves the right to submit instructions for 
        changes in accordance with this section if additional 
        information comes to the attention of the Attorney General 
        during the remainder of the 45-day period.
  (d) Revision.--Not later than 45 days after receiving comments and 
instructions for changes from the Attorney General under subsection 
(c), the Elections Commission shall revise the ballot design and voter 
education materials as requested by the Attorney General.

SEC. 8. FUNDS FOR VOTER EDUCATION; PLEBISCITES.

  (a) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary for the Elections Commission to 
carry out a nonpartisan voter education campaign and an initial 
plebiscite and, if necessary, a runoff plebiscite under this Act.
  (b) Existing Funds.--Notwithstanding any provision of Public Law 113-
76, funds made available under such Act to carry out a plebiscite on 
Puerto Rico's status shall be made available to carry out this Act.

SEC. 9. BILINGUAL VOTER EDUCATIONAL MATERIALS AND BALLOTS.

  All voter educational materials and ballots used to carry out this 
Act shall be made available in English and Spanish.

SEC. 10. PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY ACT.

  Upon the admission of the State of Puerto Rico into the Union or on 
the date that the Government of the nation of Puerto Rico initially 
takes office:
          (1) In general.--The Puerto Rico Oversight, Management, and 
        Economic Stability Act (48 U.S.C. 2101 et seq.) shall no longer 
        apply to the State of Puerto Rico or the nation of Puerto Rico, 
        as the case may be.
          (2) Oversight board.--The Financial Oversight and Management 
        Board for Puerto Rico established under section 101(b)(1) of 
        the Puerto Rico Oversight, Management, and Economic Stability 
        Act (48 U.S.C. 2121(b)(1)) is terminated and all duties and 
        responsibilities assigned to the Oversight Board shall return 
        to the State of Puerto Rico or the nation of Puerto Rico, as 
        the case may be.
          (3) Transfer.--All funds, property, and assets of the board 
        described in subparagraph (B) shall be transferred to the State 
        of Puerto Rico or the nation of Puerto Rico, as the case may 
        be.

SEC. 11. SEVERABILITY.

  If any provision of this Act, or any section, subsection, sentence, 
clause, phrase, or individual word, or the application thereof to any 
person or circumstance is held invalid by a court of jurisdiction, the 
validity of the remainder of the Act and of the application of any such 
provision, section, subsection, sentence, clause, phrase, or individual 
word to other persons and circumstances shall not be affected thereby.

         TITLE I--TRANSITION AND IMPLEMENTATION -- INDEPENDENCE

SEC. 101. CONSTITUTIONAL CONVENTION.

  (a) Election of Delegates.-- Not later than 6 months after the 
effective date of certification of a plebiscite result under this Act 
in favor of independence, the legislature of Puerto Rico shall provide 
for the election of delegates to a constitutional Convention to 
formulate and draft a Constitution for the nation of Puerto Rico.
  (b) Eligible Voters.--All eligible voters may vote in the election of 
delegates to the constitutional Convention.
  (c) General Applicability of Electoral Law.--The laws of the 
territory of Puerto Rico relating to the electoral process shall apply 
to a special election held under this Act.
  (d) Initial Meeting.--Not later than 3 months after the election of 
delegates to the constitutional Convention, the elected delegates shall 
meet at such time and place as the legislature of Puerto Rico shall 
determine. The initial meeting shall constitute the establishment of 
the constitutional Convention.

SEC. 102. CHARACTER OF THE CONSTITUTION.

  The constitutional Convention under section 101 shall formulate and 
draft a Constitution for Puerto Rico that guarantees the protection of 
fundamental human rights, including--
          (1) due process and equal protection under the law;
          (2) freedom of speech, press, assembly, association, and 
        religion;
          (3) the rights of the accused;
          (4) any other economic, social, and cultural rights as the 
        constitutional Convention may deem appropriate and necessary; 
        and
          (5) provisions to ensure that no individual born in the 
        nation of Puerto Rico shall be stateless at birth.

SEC. 103. SUBMISSION; RATIFICATION.

  (a) Submission.--Not later than one year after the establishment of 
the constitutional Convention, the Constitution formulated and drafted 
by the constitutional Convention shall be submitted to the eligible 
voters of Puerto Rico for ratification or rejection in a special 
election.
  (b) Manner of Election.--The special election held under this 
subsection shall be held in the manner prescribed by the legislature of 
Puerto Rico.

SEC. 104. ELECTION OF OFFICERS.

  (a) In General.--Not later than one month after the ratification of 
the Constitution under section 103, the Governor of the territory of 
Puerto Rico shall issue a proclamation calling for the election of such 
officers of the nation of Puerto Rico as may be required by the 
ratified Constitution.
  (b) Rejection.--If the special election results in rejection of the 
Constitution, the process provided for in sections 101 through 103 
shall be repeated, except that section 101(a) shall be applied by 
substituting--
          (1) ``the special election'' for ``a plebiscite''; and
          (2) ``rejecting of the Constitution'' for ``in favor of 
        independence''.
  (c) Deadline; Procedures.--The election under subsection (a) shall be 
held--
          (1) not later than 6 months after the date of ratification of 
        the Constitution; and
          (2) in accordance with the procedures and requirements 
        established in the Constitution of the nation of Puerto Rico.
  (d) Certification of Results.--Not later than 10 days after the 
election of officers under subsection (a), the Elections Commission 
shall certify the results of the election. The Governor of the 
territory of Puerto Rico shall inform the results of the election to 
the President of the United States, the President pro tempore of the 
United States Senate, the Speaker of the United States House of 
Representatives, the Committee on Energy and Natural Resources of the 
Senate, and the Committee on Natural Resources of the House of 
Representatives.

SEC. 105. CONFORMING AMENDMENTS TO EXISTING LAW.

  (a) Review.--Not later than 30 days after the initial meeting of a 
constitutional Convention under section 101(d), the President shall 
initiate a review of Federal law with respect to Puerto Rico, including 
those regarding--
          (1) taxation of persons and businesses;
          (2) health care;
          (3) housing;
          (4) transportation;
          (5) education; and
          (6) entitlement programs.
  (b) Recommendations.--Not later than one year after the date on which 
the President initiates a review under subsection (a), the President 
shall submit recommendations to Congress for changes to Federal law 
identified during such review, as the President deems appropriate.

SEC. 106. JOINT TRANSITION COMMISSION.

  (a) Appointment.--Not later than 3 months after the establishment of 
a constitutional Convention under section 101(d), a Joint Transition 
Commission shall be appointed in equal numbers by the President of the 
United States and the presiding officer of the Constitutional 
Convention of Puerto Rico.
  (b) Duties.--The Joint Transition Commission shall be responsible for 
expediting the orderly transfer of all functions currently exercised by 
the Federal Government in Puerto Rico, or in relation to Puerto Rico to 
the nation of Puerto Rico, and shall recommend to Congress any 
appropriate legislation to carry out such transfer.
  (c) Collaboration.--The Government of the territory of Puerto Rico 
and the agencies of the Government of the United States shall 
collaborate with the Joint Transition Commission and subsequently the 
officers of the nation of Puerto Rico, to provide for the orderly 
transfer of the functions under subsection (b).

SEC. 107. PROCLAMATIONS BY PRESIDENT OF THE UNITED STATES; HEAD OF 
                    STATE OF PUERTO RICO.

  (a) Proclamation.--Not later than one month after the official 
certification of the elected officers of the nation of Puerto Rico 
under section 104(d), the President of the United States shall by 
proclamation--
          (1) withdraw and surrender all rights of possession, 
        supervision, jurisdiction, control, or sovereignty then 
        existing and exercised by the United States over the territory 
        and residents of Puerto Rico;
          (2) recognize, on behalf of the United States of America, the 
        independence of the nation of Puerto Rico and the authority of 
        the government instituted by eligible voters of Puerto Rico 
        under the Constitution of their own adoption; and
          (3) state that the effective date of withdrawal of the 
        sovereignty of the United States and recognition of 
        independence shall be the same as the date of the proclamation.
  (b) Copy of Proclamation Forwarded.--The President of the United 
States shall forward a copy of the proclamation issued under subsection 
(a) not later than one week after signature to the presiding officer of 
the Constitutional Convention of Puerto Rico, the officer elected as 
head of state of the nation, the President pro tempore of the United 
States Senate, the Speaker of the United States House of 
Representatives, the Senate Committee on Energy and Natural Resources, 
and the House Committee on Natural Resources.
  (c) Date Government To Take Office.--Not later than one week after 
the date of receipt of the Presidential proclamation and with the 
advice of the officer elected as head of state of the nation, the 
presiding officer of the constitutional Convention shall determine the 
date on which the Government of the nation shall take office, and shall 
so notify the Governor of the territory of Puerto Rico, the President 
of the United States, the President pro tempore of the United States 
Senate, and the Speaker of the United States House of Representatives.

SEC. 108. LEGAL AND CONSTITUTIONAL PROVISIONS.

  Upon the proclamation of independence as provided in this Title, and 
except as otherwise provided in this Title or in any separate 
agreements thereafter concluded between the United States and the 
nation of Puerto Rico--
          (1) all property, rights and interests which the United 
        States may have acquired over Puerto Rico by virtue of the 
        Treaty of Paris of 1898, and thereafter by cession, purchase, 
        or eminent domain, with the exception of such land and other 
        property, rights, or interests as may have been sold or 
        otherwise legally disposed of prior to the proclamation of 
        Independence, shall vest ipso facto in the nation of Puerto 
        Rico; and
          (2) except as provided in section 110, all laws of the United 
        States applicable to the territory of Puerto Rico immediately 
        prior to the proclamation of Independence shall no longer apply 
        in the nation of Puerto Rico.

SEC. 109. JUDICIAL PRONOUNCEMENTS.

  (a) Judgments Before Proclamation.--The nation of Puerto Rico shall 
recognize and give effect to all orders and judgments rendered by 
United States or territorial courts before the date of the proclamation 
of independence pursuant to the laws of the United States then 
applicable to the territory of Puerto Rico.
  (b) Continuity of Pending Proceedings.--All judicial proceedings 
pending in the courts of the territory of Puerto Rico on the day of the 
proclamation of independence shall be continued in the corresponding 
courts under the Constitution of the nation of Puerto Rico.
  (c) Transfer of Judicial Power.--Upon the proclamation of 
independence, the judicial power of the United States shall no longer 
extend to Puerto Rico. All proceedings pending in the United States 
District Court for the District of Puerto Rico shall be transferred to 
the corresponding Puerto Rican courts of competence or other competent 
judicial authority under the Constitution of the nation of Puerto Rico 
for disposition in conformity with laws applicable at the time when the 
controversy in process arose. All proceedings pending in the United 
States Court of Appeals for the First Circuit, or in the Supreme Court 
of the United States, that initiated in, or that could have been 
initiated in, the courts of the territory or in the United States 
District Court for the District of Puerto Rico shall continue until 
their final disposition and shall be submitted to the competent 
authority of the nation of Puerto Rico for proper execution: Provided, 
That neither the United States nor any of its officers is a party, in 
which case any final judgment shall be properly executed by the 
competent authority of the United States.

SEC. 110. CITIZENSHIP AND IMMIGRATION LAWS AFTER PUERTO RICAN 
                    INDEPENDENCE.

  (a) In General.--
          (1) Puerto rican nationality.--After the effective date of 
        independence, the citizenship status of each individual born in 
        Puerto Rico shall be determined in accordance with the 
        Constitution and laws of the nation of Puerto Rico.
          (2) United states immigration laws.--Except as described in 
        this section, after the effective date of independence citizens 
        of Puerto Rico seeking to enter into the United States or 
        obtain citizenship in the United States shall be subject to the 
        immigration laws of the United States (as such term is defined 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101)).
  (b) Effect of Puerto Rican Citizenship.--Nothing in this Act 
precludes or limits the applicability of section 349 of the Immigration 
and Nationality Act (8 U.S.C. 1481), except that the provision of 
citizenship by the laws of Puerto Rico shall not constitute or 
otherwise serve as the basis of loss, or relinquishment of United 
States citizenship under such section.
  (c) Citizenship at Birth After Independence.--An individual born in 
Puerto Rico after the effective date of independence to at least one 
parent who became a United States citizen under section 302 of the 
Immigration and Nationality Act (8 U.S.C. 1402) is not a United States 
citizen at birth under subsections (c), (d), or (g) of section 301 of 
the Immigration and Nationality Act (8 U.S.C. 1401(c), (d) or (g)).
  (d) Travel and Work Authorization.--
          (1) Any person in the following categories may enter, 
        lawfully engage in occupations, and establish residence as a 
        nonimmigrant in the United States and its territories and 
        possessions without regard to paragraphs (5)(A) and (7) of 
        section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a); (5)(A) and (7))--
                  (A) a person who acquires the citizenship of Puerto 
                Rico, at birth, on or after the effective date of 
                independence; or
                  (B) a naturalized citizen of Puerto Rico, who has 
                been an actual resident there for not less than five 
                years after attaining such naturalization and who holds 
                a proof of such residence.
        Such persons shall be considered to have the permission of the 
        Secretary of Homeland Security to accept employment in the 
        United States.
          (2) The right of such persons to establish habitual residence 
        in a territory or possession of the United States may, however, 
        be subjected to nondiscriminatory limitations provided for--
                  (A) in statutes or regulations of the United States; 
                or
                  (B) in those statutes or regulations of the territory 
                or possession concerned which are authorized by the 
                laws of the United States.
          (3) This subsection shall expire 25 years after the date of 
        independence.
  (e) Conforming Amendments.--
          (1) In general.--Section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101) is amended by striking ``Puerto 
        Rico,'' in subsection (a) paragraph (36) and in subsection (a) 
        paragraph (38).
          (2) Prior to independence.--Puerto Rico shall be considered 
        to be in the United States, as such term is defined in section 
        101(a)(38) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(38)) prior to the effective date of independence.
  (f) Rule of Construction.--Nothing in this section shall limit the 
power and authority of the United States to change policy requirements 
for United States citizenship.

SEC. 111. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS AND GRANTS.

  (a) Rights and Benefits.--All vested rights and benefits which accrue 
to residents of the territory of Puerto Rico under the laws of the 
United States from past services or contributions, such as rights and 
benefits for veterans or relatives of veterans of the Armed Forces of 
the United States, retired Government employees, or beneficiaries of 
old age, disability, or survivors' insurance benefits under the Social 
Security Act, shall not be interrupted after the proclamation of 
independence but will continue until such time as said rights and 
benefits are completely extinguished according to the applicable laws 
of the United States. All services which must be rendered as part of 
these rights and benefits shall be made available through the 
Government of the nation of Puerto Rico in accordance with agreements 
reached by the two nations.
  (b) Social Security System.--Notwithstanding the provisions in 
subsection (a), all contributions made by employees and employers in 
Puerto Rico to the Social Security system with respect to persons who, 
upon the proclamation of independence, are residents of the nation of 
Puerto Rico and are not yet eligible for old age, disability, or 
survivors' insurance benefits under the system, shall be transferred to 
the Government of the nation of Puerto Rico once said Government 
establishes its own social security system. The Government of the 
nation of Puerto Rico may not use these funds for any purpose other 
than the establishment and operation of a social security system. Upon 
the transfer described herein, the obligations of the United States 
Government under the Social Security Act with respect to such residents 
of the nation of Puerto Rico shall cease.
  (c) Other Federal Transfer Payments.--
          (1) Block grants.--All other Federal transfer payments to 
        individuals and to the Government of the territory of Puerto 
        Rico shall be maintained in the form of annual block grants to 
        be used discretionally by the Government of the nation of 
        Puerto Rico.
          (2) Annual aggregate funding.--During the ten fiscal years 
        following the proclamation of independence, the annual block 
        grants shall amount to the annual aggregate funding of all 
        programs which currently extend to the territory of Puerto 
        Rico, or of all programs which shall have been extended to the 
        territory of Puerto Rico during the fiscal year immediately 
        prior to the proclamation of independence, whichever shall be 
        greater.
          (3) Decrease in amount.--The annual block grants shall 
        decrease thereafter on a straight-line basis, at the rate of 
        ten percent each year, beginning on the eleventh fiscal year 
        after the proclamation of independence. At any time during the 
        aforementioned transition period the terms of this subsection 
        may be modified by agreement between the United States and the 
        nation of Puerto Rico.

    TITLE II--TRANSITION AND IMPLEMENTATION -- SOVEREIGNTY IN FREE 
                   ASSOCIATION WITH THE UNITED STATES

SEC. 201. CONSTITUTIONAL CONVENTION.

  (a) Election of Delegates.--Not later than 6 months after the 
effective date of certification of a plebiscite result under this Act 
in favor of Sovereignty in Free Association with the United States, the 
legislature of Puerto Rico shall provide for the election of delegates 
to a constitutional Convention to formulate and draft a Constitution 
for the nation of Puerto Rico.
  (b) Eligible Voters.--All eligible voters may vote in the election of 
delegates to the constitutional Convention.
  (c) General Applicability of Electoral Law.--The laws of the 
territory of Puerto Rico relating to the electoral process shall apply 
to a special election held under this Act.
  (d) Initial Meeting.--Not later than 3 months after the election of 
delegates to the constitutional Convention, the elected delegates shall 
meet at such time and place as the legislature of Puerto Rico shall 
determine. The initial meeting shall constitute the establishment of 
the constitutional Convention.

SEC. 202. CHARACTER OF THE CONSTITUTION.

  The constitutional Convention under section 201 shall formulate and 
draft a Constitution for Puerto Rico that guarantees the protection of 
fundamental human rights, including--
          (1) due process and equal protection under the law;
          (2) freedom of speech, press, assembly, association, and 
        religion;
          (3) the rights of the accused;
          (4) any other economic, social, and cultural rights as the 
        constitutional Convention may deem appropriate and necessary; 
        and
          (5) provisions to ensure that no individual born in the 
        nation of Puerto Rico shall be stateless at birth.

SEC. 203. SUBMISSION; RATIFICATION.

  (a) Submission.--Not later than 2 years after the establishment of 
the constitutional Convention, the Constitution formulated and drafted 
by the constitutional Convention shall be submitted to the eligible 
voters of Puerto Rico for ratification or rejection in a special 
election.
  (b) Manner of Election.--The special election held under this 
subsection shall be held in the manner prescribed by the legislature of 
Puerto Rico.

SEC. 204. ELECTION OF OFFICERS.

  (a) In General.--Not later than one month after the ratification of 
the Constitution under section 203, the Governor of the territory of 
Puerto Rico shall issue a proclamation calling for the election of such 
officers of the nation of Puerto Rico as may be required by the 
ratified Constitution.
  (b) Rejection.--If the special election results in rejection of the 
Constitution, the process provided for in sections 201 through 203 
shall be repeated, except that section 201(a) shall be applied by 
substituting--
          (1) ``the special election'' for ``a plebiscite''; and
          (2) ``rejecting the Constitution'' for ``in favor of 
        sovereignty in free association with the United States''.
  (c) Deadline; Procedures.--The election under subsection (a) shall be 
held--
          (1) not later than 6 months after the date of ratification of 
        the Constitution; and
          (2) in accordance with the procedures and requirements 
        established in the Constitution of the nation of Puerto Rico.
  (d) Certification of Results.--Not later than 10 days after the 
election of officers under subsection (a), the Elections Commission 
shall certify the results of the election. The Governor of the 
territory of Puerto Rico shall inform the results of the election to 
the President of the United States, the President pro tempore of the 
United States Senate, the Speaker of the United States House of 
Representatives, the Committee on Energy and Natural Resources of the 
Senate, and the Committee on Natural Resources of the House of 
Representatives.

SEC. 205. PROCLAMATIONS BY PRESIDENT OF THE UNITED STATES; HEAD OF 
                    STATE OF PUERTO RICO.

  (a) Proclamation.--Not later than one month after the official 
certification of the elected officers of the nation of Puerto Rico 
under section 204, the President of the United States shall by 
proclamation--
          (1) withdraw and surrender all rights of possession, 
        supervision, jurisdiction, control, or sovereignty then 
        existing and exercised by the United States over the territory 
        and residents of Puerto Rico;
          (2) recognize, on behalf of the United States of America, the 
        international sovereignty through free association of the 
        nation of Puerto Rico and the authority of the government 
        instituted by eligible voters of Puerto Rico under the 
        Constitution of their own adoption; and
          (3) state that the effective date of withdrawal of the 
        sovereignty of the United States and recognition of 
        international sovereignty through free association shall be the 
        same as the date of the proclamation.
  (b) Copy of Proclamation Forwarded.--The President of the United 
States shall forward a copy of the proclamation issued under subsection 
(a) not later than one week after signature to the presiding officer of 
the Constitutional Convention of Puerto Rico, the officer elected as 
head of state of the nation, the President pro tempore of the United 
States Senate, the Speaker of the United States House of 
Representatives, the Senate Committee on Energy and Natural Resources, 
and the House Committee on Natural Resources.
  (c) Date Government To Take Office.--Not later than one week after 
the date of receipt of the Presidential proclamation and with the 
advice of the officer elected as head of state of the nation, the 
presiding officer of the constitutional Convention shall determine the 
date on which the Government of the nation shall take office, and shall 
so notify the Governor of the territory of Puerto Rico, the President 
of the United States, the President pro tempore of the United States 
Senate, and the Speaker of the United States House of Representatives.

SEC. 206. LEGAL AND CONSTITUTIONAL PROVISIONS.

  Upon the proclamation of international sovereignty through free 
association as provided in this Title, and except as otherwise provided 
in this Title or in any separate agreements thereafter concluded 
between the United States and the nation of Puerto Rico--
          (1) all property, rights and interests which the United 
        States may have acquired over Puerto Rico by virtue of the 
        Treaty of Paris of 1898, and thereafter by cession, purchase, 
        or eminent domain, with the exception of such land and other 
        property, rights, or interests as may have been sold or 
        otherwise legally disposed of prior to the proclamation of 
        international sovereignty through free association, shall vest 
        ipso facto in the nation of Puerto Rico; and
          (2) except as provided in section 209, all laws of the United 
        States applicable to the territory of Puerto Rico immediately 
        prior to the proclamation of international sovereignty through 
        free association shall no longer apply in the nation of Puerto 
        Rico.

SEC. 207. JUDICIAL PRONOUNCEMENTS.

  (a) Judgments Before Proclamation.--The nation of Puerto Rico shall 
recognize and give effect to all orders and judgments rendered by 
United States or territorial courts before the date of the proclamation 
of international sovereignty through free association pursuant to the 
laws of the United States then applicable to the territory of Puerto 
Rico.
  (b) Continuity of Pending Proceedings.--All judicial proceedings 
pending in the courts of the territory of Puerto Rico on the day of the 
proclamation of international sovereignty through free association 
shall be continued in the corresponding courts under the Constitution 
of the nation of Puerto Rico.
  (c) Transfer of Judicial Power.--Upon the proclamation of 
international sovereignty through free association, the judicial power 
of the United States shall no longer extend to Puerto Rico. All 
proceedings pending in the United States District Court for the 
District of Puerto Rico shall be transferred to the corresponding 
Puerto Rican courts of competence or other competent judicial authority 
under the Constitution of the nation of Puerto Rico for disposition in 
conformity with laws applicable at the time when the controversy in 
process arose. All proceedings pending in the United States Court of 
Appeals for the First Circuit, or in the Supreme Court of the United 
States, that initiated in, or that could have been initiated in, the 
courts of the territory or in the United States District Court for the 
District of Puerto Rico shall continue until their final disposition 
and shall be submitted to the competent authority of the nation of 
Puerto Rico for proper execution: Provided, That neither the United 
States nor any of its officers is a party, in which case any final 
judgment shall be properly executed by the competent authority of the 
United States.

SEC. 208. CITIZENSHIP AND IMMIGRATION LAWS AFTER SOVEREIGNTY THROUGH 
                    FREE ASSOCIATION.

  (a) In General.--
          (1) Puerto rican nationality.--After the proclamation of 
        international sovereignty through free association, the 
        citizenship status of each individual born in Puerto Rico shall 
        be determined in accordance with the Constitution and laws of 
        the nation of Puerto Rico.
          (2) United states immigration laws.--Except as described in 
        this section, after the proclamation of international 
        sovereignty through free association, citizens of Puerto Rico 
        seeking to enter into the United States or obtain citizenship 
        in the United States shall be subject to the immigration laws 
        of the United States (as such term is defined in section 101 of 
        the Immigration and Nationality Act (8 U.S.C. 1101)).
  (b) Effect of Puerto Rican Citizenship.--Nothing in this Act 
precludes or limits the applicability of section 349 of the Immigration 
and Nationality Act (8 U.S.C. 1481), except that the provision of 
citizenship by the laws of Puerto Rico shall not constitute or 
otherwise serve as the basis of loss, or relinquishment of United 
States citizenship under such section.
  (c) Citizenship at Birth After Sovereignty.--
          (1) In general.--Except as described in paragraph (2), an 
        individual born in Puerto Rico after the proclamation of 
        international sovereignty through free association to at least 
        one parent who became a United States citizen under section 302 
        of the Immigration and Nationality Act (8 U.S.C. 1402) is not a 
        United States citizen at birth under subsections (c), (d), or 
        (g) of section 301 of the Immigration and Nationality Act (8 
        U.S.C. 1401 (c), (d) or (g)).
          (2) Transition period.--During the implementation of the 
        first Articles of Free Association, an individual born in 
        Puerto Rico to two parents who are citizens of the United 
        States shall be a United States citizen at birth under 
        subsection (c) of section 301(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1401(c)) if otherwise eligible.
  (d) Travel and Work Authorization.--
          (1) Any person in the following categories may enter, 
        lawfully engage in occupations, and establish residence as a 
        nonimmigrant in the United States and its territories and 
        possessions without regard to paragraphs (5)(A) and (7) of 
        section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a); (5)(A) and (7)):
                  (A) a person who acquires the citizenship of Puerto 
                Rico, at birth, on or after the effective date of 
                international sovereignty through free association; or
                  (B) a naturalized citizen of Puerto Rico, who has 
                been an actual resident there for not less than five 
                years after attaining such naturalization and who holds 
                a proof of such residence.
        Such persons shall be considered to have the permission of the 
        Secretary of Homeland Security to accept employment in the 
        United States.
          (2) The right of such persons to establish habitual residence 
        in a territory or possession of the United States may, however, 
        be subjected to nondiscriminatory limitations provided for--
                  (A) in statutes or regulations of the United States; 
                or
                  (B) in those statutes or regulations of the territory 
                or possession concerned which are authorized by the 
                laws of the United States.
          (3) This subsection shall expire upon the termination of the 
        Articles of Free Association in accordance with section 211.
  (e) Conforming Amendments.--
          (1) In general.--Section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101) is amended by striking ``Puerto 
        Rico,'' in subsection (a) paragraph (36) and in subsection (a) 
        paragraph (38).
          (2) Prior to sovereignty.--Puerto Rico shall be considered to 
        be in the United States, as such term is defined in section 
        101(a)(38) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(38)) prior to the date of international sovereignty 
        through free association.
  (f) Rule of Construction.--Nothing in this section shall limit the 
power and authority of the United States to change policy requirements 
for United States citizenship.

SEC. 209. CONFORMING AMENDMENTS TO EXISTING LAW.

  (a) Review.--Not later than 30 days after the initial meeting of a 
constitutional Convention under section 201(d), the President shall 
initiate a review of Federal law with respect to Puerto Rico, including 
those regarding--
          (1) taxation of persons and businesses;
          (2) health care;
          (3) housing;
          (4) transportation;
          (5) education; and
          (6) entitlement programs.
  (b) Recommendations.--Not later than one year after the date on which 
the President initiates a review under subsection (a), the President 
shall submit recommendations to Congress for changes to Federal law 
identified during such review, as the President deems appropriate.

SEC. 210. BILATERAL NEGOTIATING COMMISSION.

  (a) In General.--If a plebiscite held under this Act results in a 
majority vote for sovereignty in free association with the United 
States, there shall be a Bilateral Negotiating Commission which shall 
conduct negotiations on Articles of Free Association with the United 
States.
  (b) Members.--Not later than 3 months after the establishment of the 
constitutional Convention under section 201--
          (1) the Convention shall elect, by majority vote, 5 members 
        from among its delegates to join the Bilateral Negotiating 
        Commission on behalf of Puerto Rico; and
          (2) the President of the United States shall designate 5 
        members to the Bilateral Negotiating Commission, one of whom 
        shall also be nominated for the rank of Ambassador, to 
        negotiate on behalf of the United States.
  (c) Initial Meeting.--Not later than 3 months after the election and 
designation of members to the Bilateral Negotiating Commission, members 
shall meet at such time and place as the legislature of Puerto Rico 
shall determine. Such meeting shall constitute the establishment of the 
Bilateral Negotiating Commission.
  (d) Duties.--The Bilateral Negotiating Commission shall--
          (1) be responsible for expediting the orderly transfer of all 
        functions currently exercised by the Government of the United 
        States in Puerto Rico, to Puerto Rico, and shall recommend to 
        Congress any appropriate legislation to carry into effect such 
        transfer, including any appropriate enabling legislation as may 
        be required by the Articles of Free Association;
          (2) negotiate all matters pertaining to the government-to-
        government relationship between Puerto Rico and the United 
        States through the development of the Articles of Free 
        Association, including foreign affairs, trade, finance, 
        taxation, currency, economic assistance, security and defense, 
        dispute resolution, immigration, economic benefits (including 
        grants), and termination of the free association status; and
          (3) endeavor to complete the Articles of Free Association not 
        later than 2 years after the commencement of the constitutional 
        Convention.
  (e) Collaboration.--The Government of the territory of Puerto Rico 
and the agencies of the Government of the United States shall 
collaborate with the Bilateral Negotiating Commission to provide for 
the orderly transfer of the functions of government as required by the 
Articles of Free Association.

SEC. 211. ARTICLES OF FREE ASSOCIATION APPROVAL AND EFFECTIVE DATE.

  (a) Approval.--The Articles of Free Association shall come into 
effect upon mutual agreement between the Government of the United 
States and the Government of Puerto Rico after completion of approval 
by--
          (1) a separate ratification vote on the Articles by the 
        eligible voters in the special election held under section 203; 
        and
          (2) the Government of the United States in accordance with 
        its constitutional processes.
  (b) Rejection.--If the special election under subsection (a)(1) 
results in rejection of the Articles of Free Association, the process 
provided for in section 210 and subsection (a) shall be repeated.

SEC. 212. TERMINATION.

  The Articles of Free Association between the United States and Puerto 
Rico may be terminated at will by either party at any time.

SEC. 213. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS AND GRANTS.

  (a) Rights and Benefits.--All vested rights and benefits which accrue 
to residents of the territory of Puerto Rico under the laws of the 
United States from past services or contributions, such as rights and 
benefits for veterans or relatives of veterans of the Armed Forces of 
the United States, retired Government employees, or beneficiaries of 
old age, disability, or survivors' insurance benefits under the Social 
Security Act, shall not be interrupted after the proclamation of 
international sovereignty through free association but will continue 
until such time as said rights and benefits are completely extinguished 
according to the applicable laws of the United States. All services 
which must be rendered as part of these rights and benefits shall be 
made available through the Government of the nation of Puerto Rico in 
accordance with agreements reached by the two nations.
  (b) Social Security System.--Notwithstanding subsection (a), all 
contributions made by employees and employers in Puerto Rico to the 
Social Security system with respect to persons who, upon the 
proclamation of international sovereignty through free association, are 
residents of the nation of Puerto Rico and are not yet eligible for old 
age, disability, or survivors' insurance benefits under the system, 
shall be transferred to the Government of the nation of Puerto Rico 
once said Government establishes its own social security system. The 
Government of the nation of Puerto Rico may not use these funds for any 
purpose other than the establishment and operation of a social security 
system. Upon the transfer described herein, the obligations of the 
United States Government under the Social Security Act with respect to 
such residents of the nation of Puerto Rico shall cease.
  (c) Other Federal Transfer Payments.--All other Federal transfer 
payments to individuals and to the Government of the territory of 
Puerto Rico shall be maintained in the form of annual block grants to 
be used discretionally by the Government of the nation of Puerto Rico--
          (1) during the 10 fiscal years following the proclamation of 
        international sovereignty through free association, the annual 
        block grants shall amount to the annual aggregate funding of 
        all programs which currently extend to the territory of Puerto 
        Rico, or of all programs which shall have been extended to the 
        territory of Puerto Rico during the fiscal year immediately 
        prior to the proclamation of international sovereignty through 
        free association, whichever shall be greater; and
          (2) the annual block grants shall decrease thereafter on a 
        straight-line basis, at the rate of ten percent each year, 
        beginning on the eleventh fiscal year after the proclamation of 
        international sovereignty through free association. At any time 
        during the aforementioned transition period the terms of this 
        subsection may be modified by agreement between the United 
        States and the nation of Puerto Rico.
  (d) Revision.--The terms and conditions of this subsection may be 
revised as part of an agreement under the Articles of Free Association.

         TITLE III--TRANSITION AND IMPLEMENTATION -- STATEHOOD

SEC. 301. PRESIDENTIAL PROCLAMATION; ADMISSION INTO THE UNION.

  If a plebiscite held under this Act results in a majority vote for 
statehood:
          (1) Presidential proclamation; date of admission.--Upon 
        receipt of the Elections Commission's certification of the 
        plebiscite results pursuant to section 5(d), the President 
        shall issue a proclamation declaring the date that Puerto Rico 
        is admitted as a State of the Union on an equal footing with 
        all other States, which shall be a date not later than one year 
        after the effective date of the plebiscite results.
          (2) Submission of proclamation.--The President shall cause 
        such proclamation to be submitted to the Governor of Puerto 
        Rico, the legislature of Puerto Rico, the President pro tempore 
        of the United States Senate, the Speaker of the United States 
        House of Representatives, the Senate Committee on Energy and 
        Natural Resources, and the House Committee on Natural 
        Resources.
          (3) Admission into the union.--Subject to the provisions of 
        this Act, and upon the date declared by the President for 
        admission of Puerto Rico as a State under the proclamation 
        under paragraph (1), the territory of Puerto Rico shall be a 
        State of the United States of America and as such admitted into 
        the Union on an equal footing with the other States in all 
        respects. Upon admission, Puerto Rico shall be known as the 
        State of Puerto Rico.
          (4) Incorporation.--Puerto Rico shall remain unincorporated 
        until its admission as a State of the Union under paragraph 
        (3).

SEC. 302. CONFORMING AMENDMENTS TO EXISTING LAW.

  (a) Review.--Not later than 30 days after the certification of a 
plebiscite result under this Act in favor of statehood, the President 
shall initiate a review of Federal law with respect to Puerto Rico, 
including those regarding--
          (1) taxation of persons and businesses;
          (2) health care;
          (3) housing;
          (4) transportation;
          (5) education; and
          (6) entitlement programs.
  (b) Recommendations.--Not later than one year after the date on which 
the President initiates a review under subsection (a), the President 
shall submit any recommendations to Congress for changes to Federal law 
identified during such review, as the President deems appropriate.

SEC. 303. TERRITORY AND BOUNDARIES.

  The State of Puerto Rico shall consist of all of the islands, 
together with their appurtenant reefs, seafloor, submerged lands, and 
territorial waters in the seaward boundary, presently under the 
jurisdiction of the territory of Puerto Rico.

SEC. 304. CONSTITUTION.

  (a) In General.--The Constitution of the territory of Puerto Rico, as 
approved by Public Law 82-447 and subsequently amended as of the date 
of enactment of this Act is hereby found to be republican in form and 
in conformity with the Constitution of the United States and the 
principles of the Declaration of Independence, and is hereby accepted, 
ratified, and confirmed as the Constitution of the State of Puerto 
Rico.
  (b) Future Constitutions.--The Constitution of the State of Puerto 
Rico--
          (1) shall always be republican in form; and
          (2) shall not be repugnant to the Constitution of the United 
        States and the principles of the Declaration of Independence.

SEC. 305. ELECTIONS OF SENATORS AND REPRESENTATIVES, CERTIFICATION, AND 
                    LEGAL DISPUTES.

  (a) Elections of Senators and Representatives.--Not more than one 
month after the proclamation under section 301, the Governor of Puerto 
Rico shall issue a declaration that shall designate and announce the 
dates and other requirements for primary and general elections under 
applicable Federal and local law for representation in the Senate and 
the House of Representatives of the United States upon admission of 
Puerto Rico as a State.
  (b) Resident Commissioner.--The office of Resident Commissioner of 
Puerto Rico shall cease to exist upon the swearing in of the first 
Representative from the State of Puerto Rico to the House of 
Representatives.
  (c) Senators and Representatives.--
          (1) In general.--Upon its admission into the Union, the State 
        of Puerto Rico shall be entitled to Senators and 
        Representatives who shall be entitled to be admitted to seats 
        in the Congress of the United States and to all the rights and 
        privileges of Senators and Representatives of the other States 
        in the Congress of the United States.
          (2) First election of senators.--In the first election of 
        Senators, the two senatorial offices shall be separately 
        identified and designated, and no person may be a candidate for 
        both offices. Nothing in this section shall impair the 
        privilege of the Senate to determine the class and term to 
        which each of the Senators elected shall be assigned, with the 
        exception that the Senators shall not be in the same class.
          (3) First election of representatives.--In the first election 
        of Representatives, and subsequent elections until the next 
        Census-based reapportionment cycle, the State of Puerto Rico 
        shall be entitled to the same number of Representatives as the 
        State whose most recent Census population was closest to, but 
        less than, that of Puerto Rico, and such Representatives shall 
        be in addition to the membership of the House of 
        Representatives as now prescribed by law. Any such increase in 
        the membership shall not operate to either increase or decrease 
        the permanent membership of the House of Representatives as 
        prescribed in the Act of August 8, 1911 (37 Stat. 13), nor 
        shall such temporary increase affect the basis of apportionment 
        established by the Act of November 15, 1941 (55 Stat. 761), for 
        the 83d Congress and each Congress thereafter, unless Congress 
        acts to increase the total number of Members of the House of 
        Representatives. Thereafter, the State of Puerto Rico shall be 
        entitled to such number of Representatives as provided for by 
        applicable law based on the next reapportionment. The 
        apportionment of congressional districts for the first election 
        and subsequent election of Representatives shall be conducted 
        as provided for by the Constitution and laws of the State of 
        Puerto Rico for state legislative districts.
  (d) Certification of Results.--The Elections Commission shall certify 
the results of primary and general elections for representation in the 
Senate and the House of Representatives of the United States to the 
Governor. Not later than 10 days after the date of each certification, 
the Governor shall declare the results of the primary and general 
elections, and transmit the results of each election to the President 
of the United States, the President pro tempore of the Senate, and the 
Speaker of the House of Representatives.
  (e) Jurisdiction of District Court.--The United States District Court 
for the District of Puerto Rico shall have original and exclusive 
jurisdiction of any civil action alleging a dispute or controversy 
pertaining to electoral processes conducted under this section.

SEC. 306. STATE TITLE TO LAND AND PROPERTY.

  (a) State Title.--The State of Puerto Rico and its political 
subdivisions and dependencies shall have and retain title to all 
property, real and personal, held by the territory of Puerto Rico and 
its political subdivisions and dependencies on the date of the 
admission of Puerto Rico into the Union.
  (b) Federal Title.--Any lands and other properties that, as of the 
date of admission of Puerto Rico into the Union, are set aside pursuant 
to law for the use of the United States under any--
          (1) Act of Congress;
          (2) Executive order;
          (3) proclamation of the President; or
          (4) proclamation of the Governor of the territory of Puerto 
        Rico,
shall remain the property of the United States.
  (c) Continental Shelf.--The State of Puerto Rico shall have the 
exclusive right to explore, exploit, lease, possess, and use all 
seabed, natural, and mineral resources lying within three marine 
leagues (nine nautical miles) from its shore, as granted under section 
8 of the Act of March 2, 1917 (48 U.S.C. 749; 39 Stat. 954). All other 
rights of sovereignty in regards to the continental shelf and waters, 
shall belong to the United States, except those already vested in 
Puerto Rico.

SEC. 307. CONTINUITY OF LAWS, GOVERNMENT, AND OBLIGATIONS.

  Upon the admission of the State of Puerto Rico into the Union:
          (1) Continuity of laws.--All of the territorial laws in force 
        in Puerto Rico on the date of issuance of the proclamation 
        described in section 301(1) not inconsistent with this Act or 
        the Constitution of the State of Puerto Rico shall be and 
        continue in force and effect throughout the State, until 
        amended, modified, or repealed by the State. All of the laws of 
        the United States shall have the same force and effect within 
        the State as in the other several States.
          (2) Continuity of government.--The individuals holding 
        legislative, executive, and judicial offices of Puerto Rico 
        shall continue to discharge the duties of their respective 
        offices when Puerto Rico becomes a State of the Union in, 
        under, or by authority of the government of the State, as 
        provided by the constitution and laws of the State.
          (3) Continuity of obligations.--All contracts, obligations, 
        liabilities, debts, and claims of the territory of Puerto Rico 
        and its instrumentalities at the moment of admission shall 
        continue in full force and effect as the contracts, 
        obligations, liabilities, debts, and claims of the State of 
        Puerto Rico and its instrumentalities when Puerto Rico becomes 
        a State of the Union.
          (4) Use and enjoyment of property.--All laws of the United 
        States reserving to the United States the free use or enjoyment 
        of property which vests in or is conveyed to the State of 
        Puerto Rico or its political subdivisions pursuant to this 
        section or reserving the right to alter, amend, or repeal laws 
        relating thereto, shall cease to be effective.

SEC. 308. JUDICIAL PRONOUNCEMENTS.

  (a) Pending.--No writ, action, indictment, cause, or proceeding 
pending in any court of the territory of Puerto Rico, shall abate by 
reason of the admission of the State of Puerto Rico into the Union, but 
shall proceed within such appropriate State courts as shall be 
established under the Constitution of the State of Puerto Rico, or 
shall continue in the United States District Court for the District of 
Puerto Rico, as the nature of the case may require.
  (b) Not Yet Pending.--All civil causes of action and all criminal 
offenses, which shall have arisen or been committed before the 
admission of the State, but as to which no writ, action, indictment, or 
proceeding shall be pending at the date of such admission, shall be 
subject to prosecution in the appropriate State courts or in the United 
States District Court for the District of Puerto Rico in like manner, 
to the same extent, and with like right of appellate review, as if such 
State had been created and such State courts had been established prior 
to the accrual of such causes of action or the commission of such 
offenses. The admission of the State shall effect no change in the 
procedural or substantive laws governing causes of action and criminal 
offenses which shall have arisen or been committed, and any such 
criminal offenses as shall have been committed against the laws of the 
territory of Puerto Rico, shall be tried and punished by the 
appropriate courts of the State, and any such criminal offenses as 
shall have been committed against the laws of the United States shall 
be tried and punished in the United States District Court for the 
District of Puerto Rico.
  (c) Appeals.--Parties shall have the same rights of judicial review 
of final decisions of the United States District Court for the District 
of Puerto Rico or the Supreme Court of Puerto Rico, in any case finally 
decided prior to the admission of the State of Puerto Rico into the 
Union, whether or not an appeal therefrom shall have been perfected 
prior to such admission. The United States Court of Appeals for the 
First Circuit and the Supreme Court of the United States, shall have 
the same jurisdiction in such cases as by law provided prior to the 
admission of the State into the Union. Any mandate issued subsequent to 
the admission of the State, shall be to the United States District 
Court for the District of Puerto Rico or a court of the State, as 
appropriate. Parties shall have the same rights of appeal from and 
appellate review of all orders, judgments, and decrees of the United 
States District Court for the District of Puerto Rico and of the 
Supreme Court of Puerto Rico, in any case pending at the time of 
admission of the State into the Union, and the Supreme Court of Puerto 
Rico and the Supreme Court of the United States shall have the same 
jurisdiction therein, as by law provided in any case arising subsequent 
to the admission of the State into the Union.

                          Purpose of the Bill

    The purpose of H.R. 8393 is 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.

                  Background and Need for Legislation

    Puerto Rico has been a U.S. territory since 1898, when it 
was ceded to the United States by Spain under the treaty that 
ended the Spanish-American War. The U.S. Supreme Court has held 
that Puerto Rico has not been incorporated into the United 
States.\1\ This means, among other things, that Puerto Rico's 
ultimate political status has not been resolved. Incorporated 
territories are those destined for statehood, whereas 
unincorporated territories can become sovereign nations or 
states.
---------------------------------------------------------------------------
    \1\Downes v. Bidwell, 182 U.S. 244 (1901).
---------------------------------------------------------------------------
    Through its Territorial Clause (Article 4, Section 3, 
Clause 2), the U.S. Constitution gives Congress full plenary 
power to govern territories. The only limit on this power is 
that residents of the territories possess certain fundamental 
rights that cannot be abridged.
    The power of Congress includes the authority to govern 
territories in local as well as national matters. Persons born 
in Puerto Rico have been granted U.S. citizenship by federal 
statute since 1917.\2\ In 1950, Congress enacted a law 
authorizing Puerto Rico to draft a local constitution,\3\ which 
was ratified by the people of Puerto Rico and approved, with 
changes, by Congress in 1952.\4\
---------------------------------------------------------------------------
    \2\Jones-Shafroth Act, Pub. L. No.64-368, Sec. 5, 39 Stat. 951, 953 
(1917), https://uscode.house.gov/statviewer.htm?volume=39&page=953; see 
also Immigration and Nationality Act, Pub. L. No. 82-414, Sec. 302, 66 
Stat. 163, 236 (1952), http://uscode.house.gov/
statviewer.htm?volume=66&page=236 (codified as amended at 8 U.S.C. 
Sec. 1402, http://uscode.house.gov/table3/1952_477.htm) (statutory 
compilation as amended through P.L. 117-103 at https://www.govinfo.gov/
content/pkg/COMPS-1376/pdf/COMPS-1376.pdf).
    \3\Puerto Rico Federal Relations Act of 1950, Pub. L. No. 81-600, 
64 Stat. 319 (1950), http://uscode.house.gov/
statviewer.htm?volume=64&page=319.
    \4\Pub. L. No. 82-447, 66 Stat. 327 (1952), http://
uscode.house.gov/statviewer.htm?volume=66&page=327.
---------------------------------------------------------------------------
    In the exercise of its powers, Congress may choose to treat 
Puerto Rico differently than the states, the District of 
Columbia, and other territories. While Puerto Rico is treated 
as a state for many purposes, there are significant exceptions 
with respect to certain programs (e.g., Medicaid, Medicare, 
Supplemental Security Income) and tax law.
    In addition, the U.S. Constitution does not directly 
provide for residents of territories to be represented in 
Congress or to participate in the election of the president of 
the United States. Pursuant to statute and the Rules of the 
House, the more than three million residents of Puerto Rico 
elect a single Resident Commissioner, who has been given 
membership in the U.S. House of Representatives and limited 
voting rights in committees. Because residents of Puerto Rico 
do not have anything approaching equal voting representation in 
the government that enacts and enforces their national laws, 
they do not enjoy full democracy at the national government 
level.
    At the same time, Puerto Rico does not have the powers that 
devolve upon a sovereign nation to join international 
organizations and enter into international agreements. In 
addition, Puerto Rico is unable to determine what federal laws 
apply and do not apply in its territory; nor its monetary, 
trade, and immigration policy.
    In recent years, certain developments federally combined to 
make it clear that the current colonial territory status is no 
longer viable and can no longer provide either adequate 
political or economic benefits to the people of Puerto Rico. 
These developments include the enactment and implementation of 
the Puerto Rico Oversight, Management and Economic Stability 
Act (PROMESA) and the decisions of the U.S. Supreme Court in 
cases including U.S. v. Vaello Madero.
    The Puerto Rico Oversight, Management and Economic 
Stability Act (PROMESA)\5\ of 2016 was passed as a bipartisan 
compromise to enable the territory of Puerto Rico and its 
instrumentalities to restructure approximately $70 billion in 
public sector debt. However, PROMESA also established a 
Financial Oversight and Management Board responsible for 
approving all budgets and spending of the government of Puerto 
Rico to ensure that the government's budgets are balanced and 
sustainable. While PROMESA was welcomed as a means of 
addressing Puerto Rico's unpayable public debt, the Oversight 
Board's ability to override decisions of the Governor and 
legislature of Puerto Rico, as well as a series of austerity 
measures they required, were highly criticized and opposed by 
the general population. It also led to a realization that the 
imposition of PROMESA and an unelected Oversight Board was only 
possible as a result of Puerto Rico's territorial status.
---------------------------------------------------------------------------
    \5\Pub. L. No. 114-187, 130 Stat. 549 (2016), http://
uscode.house.gov/statviewer.htm?volume=130&page=549 (codified at 
various, see http://uscode.house.gov/table3/114_187.htm) (statutory 
compilation through P.L. as of September 19, 2019 at https://
www.govinfo.gov/content/pkg/COMPS-12101/pdf/COMPS-12101.pdf).
---------------------------------------------------------------------------
    Additionally, in 2022, in United States v. Vaello 
Madero,\6\ the U.S. Supreme Court reversed a district court and 
an appellate court decision and upheld the constitutionality of 
excluding U.S. citizens residing in Puerto Rico from receiving 
Supplemental Security Income (SSI) benefits. The SSI program is 
one of the most successful social safety net programs in the 
United States, recognizing the dignity of millions of the most 
vulnerable, low-income U.S. citizens who are aged, blind, or 
disabled by providing them with a basic income. This decision 
meant that nearly 300,000 individuals in Puerto Rico would 
continue to be unable to access these important benefits on the 
island, which would normally be available to them if they 
resided in the states, because they live in the territory of 
Puerto Rico.
---------------------------------------------------------------------------
    \6\596 U.S. ___ (2022), https://www.supremecourt.gov/opinions/
21pdf/20-303_6khn.pdf.
---------------------------------------------------------------------------
    The debate over Puerto Rico's political status has been--
and remains today--a central issue in the territory's political 
life. Lack of clear understanding in Puerto Rico regarding its 
viable, non-territorial status options is a chief reason for 
this legislation. A federal law would clarify the viable, 
constitutionally permissible status options and thereby ensure 
that the self-determination process is well-informed and 
productive. In addition to the current territory status, there 
are three non-territory status options for Puerto Rico: (1) 
Independence; (2) Sovereignty in Free Association with the 
United States, whereby Puerto Rico and the United States would 
enter into an agreement, the terms of which would be negotiated 
between the parties and which would be terminable by either 
party; and (3) Statehood.

Origins of the Bill

    On November 3, 2020, a referendum on political status was 
held in Puerto Rico. The referendum proposed a yes-or-no 
question, with voters having the option of voting for or 
against admitting Puerto Rico into the Union as a state. With a 
turnout of 54.72%, 52.52% of participants voted ``yes''' and 
47.48% voted ``no''. Although some highlighted these results as 
a clear majority in favor of admitting Puerto Rico as a state, 
others criticized the single-option vote as exclusionary of 
other non-territory status options and the majority threshold 
for admission as insufficient for deciding Puerto Rico's 
political future. The referendum was non-binding and therefore 
did not require Congress to act on the results, which some 
participants and observers note may have dampened interest 
engaging with the question and participating in the referendum.
    During the first session of the 117th Congress, two bills 
were introduced proposing different mechanisms to resolve 
Puerto Rico's political status. First, H.R. 1522 would 
establish a process for the admission of Puerto Rico into the 
Union as a state, on an equal footing with all other states and 
based on a ratification vote of the people of Puerto Rico. The 
bill was introduced by Rep. Darren Soto (D-FL) and was 
cosponsored by 81 Members, including Resident Commissioner 
Jenniffer Gonzalez-Colon (R-PR). Second, H.R. 2070 would 
establish a process for the people of Puerto Rico to vote on 
the political status of the territory and provide for 
congressional consideration of a joint resolution to ratify the 
self-determination option selected through a referendum. The 
bill was introduced by Rep. Nydia M. Velazquez (D-NY) and was 
cosponsored by 76 Members.
    The House Committee on Natural Resources held two hearings 
on the bills relating to Puerto Rico's political status. The 
first hearing, on April 14, 2021, included the governor of 
Puerto Rico Mr. Pedro Pierluisi, who also serves as the 
president of the New Progressive Party; former governor of 
Puerto Rico Mr. Anibal Acevedo-Vila; the speaker of the Puerto 
Rico House of Representatives Mr. Rafael Hernandez; senator Ms. 
Maria de Lourdes Santiago, who also serves as the vice 
president of the Puerto Rican Independence Party; the president 
of the Citizens' Victory Movement party, Mr. Manuel Natal-
Albelo; the vice president of the Puerto Rico Democratic Party, 
Ms. Johanne Velez-Garcia; the chair of the Puerto Rico 
Statehood Council, Mr. Jose Fuentes; and Columbia Law School 
Professor Dr. Christina D. Ponsa-Kraus.\7\
---------------------------------------------------------------------------
    \7\Hearing on H.R. 1522 & H.R. 2070 Before the H. Comm. on Nat. 
Res., 117th Cong. (2021), https://www.govinfo.gov/content/pkg/CHRG-
117hhrg44272/pdf/CHRG-117hhrg44272.pdf.
---------------------------------------------------------------------------
    The second hearing, on June 16, 2021, included former U.S. 
Representative Luis Gutierrez (D-IL); University of the 
District of Columbia Professor Dr. Rafael Cox Alomar; the 
Director of the Caribbean Institute of Human Rights, Ms. 
Annette Martinez-Orabona, the President of the League of United 
American Citizens (LULAC) Faith Council, Rev. Carmen Cabrera; 
Columbia Law School Professor Dr. Christina D. Ponsa-Kraus; 
Inter American University of Puerto Rico Professor Andres L. 
Cordova; and University of Puerto Rico Associate Professor Dr. 
Jose Caraballo Cueto.\8\ In June, the Department of Justice 
also provided a section-by-section analysis of H.R. 1522 and 
H.R. 2070.\9\
---------------------------------------------------------------------------
    \8\Hearing on H.R. 1522 & H.R. 2070 Before the H. Comm. on Nat. 
Res., 117th Cong. (2021), https://www.govinfo.gov/content/pkg/CHRG-
117hhrg44978/pdf/CHRG-117hhrg44978.pdf.
    \9\U.S. DOJ, Analysis of H.R. 1522, the Puerto Rico Statehood 
Admission Act (2021), https://naturalresources.house.gov/imo/media/doc/
DOJ%20Analysis%20of%20HR%201522.pdf; U.S. DOJ, Analysis of H.R. 2070, 
the Puerto Rico Self-Determination Act of 2021 (2021), https://
naturalresources.house.gov/imo/media/doc/
DOJ%20Analysis%20of%20HR%202070.pdf.
---------------------------------------------------------------------------
    With the guidance of House Majority Leader Steny H. Hoyer 
(D-MD), the sponsors of H.R. 1552 and H.R. 2070 first met in 
November 2021 to discuss a compromise bill that would combine 
elements of their respective bills and that would be supported 
by a majority of members of Congress. For approximately nine 
months, Leader Hoyer, the sponsors of the original bills 
regarding Puerto Rico's political status, and the Committee on 
Natural Resources collaboratively drafted the text of a 
compromise bill.
    On May 19, 2022, the Committee on Natural Resources 
released\10\ a discussion draft of the Puerto Rico Status Act 
and made it available on an online portal for public comment. 
Approximately 120 online comments were ultimately submitted in 
response to the request for public input.
---------------------------------------------------------------------------
    \10\Hoyer and House Members to Hold Press Conference on the Puerto 
Rico Status Act Discussion Draft, Majority Leader Steny Hoyer (May 19, 
2022), https://www.facebook.com/LeaderHoyer/videos/714636899782581/.
---------------------------------------------------------------------------
    On June 2, 2022, a congressional delegation including Chair 
Raul M. Grijalva (D-AZ), Rep. Nydia M. Velazquez (D-NY), Rep. 
Jenniffer Gonzalez-Colon (R-PR), and Rep. Alexandria Ocasio-
Cortez (D-NY) visited Puerto Rico to receive feedback on the 
discussion draft. On June 2, 3, and 4, the delegation met with 
representatives of the Popular Democratic Party, Puerto Rican 
Independence Party, New Progressive Party, Citizens' Victory 
Movement, Project Dignity Party, Puerto Rico Democratic Party, 
and Puerto Rico Republican Party. On June 4, 2022, the 
delegation also hosted a congressional Public Input Forum.\11\ 
Registration for the event was open to the public, and all 
attendees were provided an opportunity to join a panel to 
provide testimony and respond to the delegation's questions. 
Over the course of more than four hours, 38 witnesses provided 
testimony and 56 members of the public provided written 
comments.
---------------------------------------------------------------------------
    \11\House Natural Resources Committee Democrats, Public Input Forum 
on Puerto Rico Status Act Discussion Draft, YouTube (June 4, 2022), 
https://www.youtube.com/watch?v=lgO1r19adNI.
---------------------------------------------------------------------------
    Upon returning from Puerto Rico, negotiations on the 
compromise bill continued in Washington, DC, with a focus on 
incorporating feedback received from the public. In drafting 
the resulting bill, its authors also received input and 
technical assistance from the White House, U.S. Department of 
Justice, U.S. Citizenship and Immigration Services, the House 
Office of Legislative Counsel, the Congressional Budget Office, 
and constitutional law experts. These contributions were 
invaluable and are appreciated. Finally, the Committee extends 
its thanks to House Committee on the Judiciary Chair Jerrold 
Nadler (D-NY) and House Committee on Ways and Means Chair 
Richard Neal (D-MA) and their respective staffs for their 
extensive collaboration and expertise, which are reflected in 
the bill as introduced.

                            Committee Action

    On July 15, 2022, House Committee on Natural Resources 
Chair Raul M. Grijalva (D-AZ) introduced H.R. 8393, the Puerto 
Rico Status Act, with original cosponsors House Committee on 
Small Business Chair Nydia Velazquez (D-NY), Rep. Jenniffer 
Gonzalez-Colon (R-PR), Rep. Darren Soto (D-FL), and House 
Majority Leader Steny H. Hoyer (D-MD). The bill was referred 
exclusively to the House Committee on Natural Resources.
    On July 20, 2022, the Committee met to consider the bill. 
Chair Grijalva offered an amendment in the nature of a 
substitute, which consisted of the bill as introduced with two 
additional technical corrections.
    Rep. Tom McClintock (R-CA) offered an amendment designated 
McClintock #070 to the amendment in the nature of a substitute. 
The amendment would have required that the plebiscite offer the 
option to retain current political status as a commonwealth. 
The amendment was not agreed to by a roll call vote of 15 yeas 
and 27 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. McClintock offered an amendment designated McClintock 
#071 to the amendment in the nature of a substitute. The 
amendment would have required that the plebiscite offer the 
option to indicate that the voter would prefer ``none of the 
above'' status options. The amendment was not agreed to by a 
roll call vote of 14 yeas and 28 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Ranking Member Bruce Westerman (R-AR) offered an amendment 
designated Westerman #12 to the amendment in the nature of a 
substitute. The amendment would have required that the bill not 
take effect until the Financial Oversight and Management Board 
for Puerto Rico certifies that the Government of Puerto Rico 
has adequate access to credit markets and develops balanced 
budgets for four consecutive years as stated in section 209 of 
the Puerto Rico Oversight, Management, and Economic Stability 
Act (PROMESA). The amendment was not agreed to by a roll call 
vote of 18 yeas and 25 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. McClintock offered an amendment designated McClintock 
#075 to the amendment in the nature of a substitute. The 
amendment would have required congressional approval of the 
result of the plebiscite by a two-thirds majority vote before 
its certification. The amendment was not agreed to by a roll 
call vote of 17 yeas and 26 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Lauren Boebert (R-CO) offered an amendment designated 
Boebert #4 to the amendment in the nature of a substitute. The 
amendment would have eliminated the section of the bill 
authorizing federal funds for the Puerto Rico State Elections 
Commission to carry out a nonpartisan voter education campaign, 
an initial plebiscite and, if necessary, a runoff plebiscite. 
In addition, the amendment proposed eliminating funds 
appropriated in 2014 from being made available to carry out the 
bill. The amendment was not agreed to by a roll call vote of 18 
yeas and 25 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. McClintock offered an amendment designated McClintock 
#074 to the amendment in the nature of a substitute. The 
amendment would have required that, if Puerto Rico were to 
become a state, English would be the official language of all 
federal business and communications and the official language 
of the State of Puerto Rico. The amendment would have required 
the State of Puerto Rico to ``promote English as the official 
language of the state government, courts, and agencies'' and 
would have required that English be the language of instruction 
in all public schools in the state. The amendment was not 
agreed to by a roll call vote of 14 yeas and 30 nays, as 
follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. McClintock offered an amendment designated McClintock 
#072 to the amendment in the nature of a substitute. The 
amendment would have required that a status option could be 
approved only if it receives two-thirds of the votes cast in a 
plebiscite or runoff plebiscite. The amendment was not agreed 
to by a roll call vote of 18 yeas and 27 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Ranking Member Westerman offered an amendment designated 
Westerman #7 to the amendment in the nature of a substitute. 
The amendment would have eliminated sections in this bill under 
the transition to Independence or Sovereignty in Free 
Association with the United States outlining a process for the 
nation of Puerto Rico to establish a new constitution and elect 
new officers. The amendment would also have eliminated the 
requirement that services rendered as part of vested benefits 
accrued would continue to be offered through the government of 
the nation of Puerto Rico, as well as the requirement that the 
nation of Puerto Rico not use individual contributions to the 
social security system for any purpose other than the operation 
of a social security system. The amendment was not agreed to by 
a roll call vote of 19 yeas and 26 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Ranking Member Westerman offered an amendment designated 
Westerman #2 to the amendment in the nature of a substitute. 
The amendment would have eliminated subsections in this bill 
under a transition to Independence or Sovereignty in Free 
Association with the United States that maintain federal 
transfer payments to individuals and to the government of the 
territory of Puerto Rico in the form of annual block grants to 
be used by the government of the nation of Puerto Rico for a 
period of 20 years. The amendment was not agreed to by a roll 
call vote of 18 yeas and 26 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Tom Tiffany (R-WI) offered an amendment designated 
Tiffany #10 to the amendment in the nature of a substitute. The 
amendment would have eliminated sections of this bill under a 
transition to Independence or Sovereignty in Free Association 
with the United States providing temporary travel and work 
authorizations for Puerto Rican citizens. The amendment was not 
agreed to by a roll call vote of 17 yeas and 26 nays, as 
follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Tiffany offered an amendment designated Tiffany #9 to 
the amendment in the nature of a substitute. The amendment 
would have eliminated sections under a transition to 
Sovereignty in Free Association with the United States 
regarding the extension of U.S. citizenship to persons born in 
Puerto Rico during the first Articles of Free Association. The 
amendment would also have eliminated this citizenship language 
on the federal plebiscite ballot. The amendment was not agreed 
to by a roll call vote of 17 yeas and 26 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Jody B. Hice (R-GA) offered an amendment designated 
Hice #045 to the amendment in the nature of a substitute. The 
amendment would have required that, if the plebiscite resulted 
in Independence or Sovereignty in Free Association with the 
United States, the President not issue a proclamation on Puerto 
Rico status until Puerto Rico committed to not accepting any 
debt assistance from the Government of China or any person 
associated with that government. The amendment was not agreed 
to by a roll call vote of 18 yeas and 26 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Hice offered an amendment designated Hice #046 to the 
amendment in the nature of a substitute. The amendment would 
have required that, under the transition to Independence, U.S. 
Department of Defense assets in Puerto Rico not be transferred 
to the nation of Puerto Rico. As such, the amendment would have 
mandated that the nation of Puerto Rico allow the United States 
to continue operating existing military bases and facilities in 
Puerto Rico. The amendment was not agreed to by a roll call 
vote of 18 yeas and 27 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Hice offered an amendment designated Hice #047 
(Revised) to the amendment in the nature of a substitute. The 
amendment would have required that Puerto Rico repay in full 
its public debt before a status proclamation could be issued. 
The amendment was not agreed to by a roll call vote of 18 yeas 
and 28 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Hice offered an amendment designated Hice #048 to the 
amendment in the nature of a substitute. The amendment would 
have reiterated that all contracts, obligations, debts, and 
claims of Puerto Rico shall continue under each of the 
political status options. The amendment was not agreed to by a 
roll call vote of 17 yeas and 27 nays, as follows:


    Rep. Hice offered an amendment designated Hice #049 to the 
amendment in the nature of a substitute. The amendment would 
have required that Puerto Rico commit to signing an extradition 
treaty with the United States before a status proclamation 
could be issued. The amendment was not agreed to by a roll call 
vote of 17 yeas and 27 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Hice offered an amendment designated Hice #050 to the 
amendment in the nature of a substitute. The amendment would 
have provided that the bill not take effect until Puerto Rico 
``reimburses'' the Federal Emergency Management Agency (FEMA) 
for disaster relief funds, including emergency funds provided 
in response to Hurricane Maria. The amendment was withdrawn.
    No additional amendments were offered. The amendment in the 
nature of a substitute was agreed to by voice vote.
    The bill, as amended, was adopted and ordered favorably 
reported to the House of Representatives by a roll call vote of 
25 yeas and 20 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearings were used to develop or consider this 
measure: hearing by the full Committee held on April 14, 2021, 
and hearing by the full Committee held on June 16, 2021.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Puerto Rico Status Act''.

Section 2. Table of Contents

Section 3. Findings

    Section 3 recognizes the inherent limitations of Puerto 
Rico's territorial status and the federal government's 
responsibility to facilitate the selection of and transition to 
a permanent, nonterritorial, fully self-governing political 
status.
    The Committee strongly believes that under the current 
territorial status, also known as Commonwealth status, the more 
than three million U.S. citizens residing in Puerto Rico are 
treated as second-class citizens, denied access to certain 
federal services and benefits, and unable to fully participate 
in our nation's democratic processes. At the same time, Puerto 
Rico's territory status does not grant the local government the 
powers that devolve upon a sovereign nation to reach its full 
political, economic, and social development. The Committee 
believes the preservation of Puerto Rico's colonial territory 
status would not resolve these issues. Therefore, it should not 
be included among the options on a federally sponsored 
plebiscite to determine the future political status of Puerto 
Rico.

Section 4. Definitions

    The Committee notes that the definition of ``eligible 
voters'' under this Act specifies bona fide residents of Puerto 
Rico who are otherwise qualified to vote in general elections 
in Puerto Rico. This definition was carefully deliberated by 
the authors of this bill and respects the local laws of the 
Government of Puerto Rico. The Committee also notes that an 
amendment to expand plebiscite voter eligibility to individuals 
residing outside of Puerto Rico\12\ was overwhelmingly rejected 
in 2010 by the House of Representatives\13\ during its 
consideration of H.R. 2499,\14\ a bill that would have 
authorized a plebiscite on Puerto Rico's political status.
---------------------------------------------------------------------------
    \12\156 Cong. Rec. H3047 (daily ed. Apr. 29, 2010) (Amendment No. 5 
offered by Rep. Velazquez), https://www.congress.gov/111/crec/2010/04/
29/CREC-2010-04-29-pt1-PgH3029-3.pdf.
    \13\Roll Call 238, 111th Cong., 2nd Session, Office of the Clerk, 
U.S. House of Representatives, https://clerk.house.gov/Votes/2010238.
    \14\111th Cong. (2010), https://www.congress.gov/bill/111th-
congress/house-bill/2499.
---------------------------------------------------------------------------

Section 5. Plebiscite

    Section 5(a) establishes a plebiscite to resolve Puerto 
Rico's political status that offers eligible voters three 
options: Independence, Sovereignty in Free Association with the 
United States, and Statehood. A majority vote would be required 
to approve any status option, and if none of the options 
receives a majority in an initial plebiscite set to occur on 
November 5, 2023; a runoff plebiscite would take place on March 
3, 2024, for voters to choose among the two options that 
received the most votes in the initial plebiscite. Majority 
vote is defined as more than 50 percent of the valid votes 
cast.
    The bill's intent is to establish a path toward resolving 
the territorial status that Puerto Rico has held for more than 
a century. The non-territorial status options made available to 
Puerto Rico through this Act--Independence; Sovereignty in Free 
Association with the United States, as defined by this 
legislative text; and Statehood--are the non-territorial 
political status options acceptable under the United States 
Constitution and international law that would address the 
second-class treatment Puerto Rico receives due to its present 
territory status. Under territory status, Puerto Rico's 
residents are denied access to certain federal services and 
benefits, and unable to participate in U.S. presidential 
elections or have voting representation in Congress. At the 
same time, Puerto Rico currently does not have the full powers 
that devolve upon a sovereign nation to enter into relations 
with other nations or international organizations. The 
Committee believes the preservation of Puerto Rico's territory 
status would not resolve these issues, and it is, therefore, 
not included among the options on the plebiscite.
    The Committee notes that the decision to exclude the 
current status is in tension with the recommendations provided 
by President Barack Obama's Task Force on Puerto Rico's Status 
in its March 2011 report.\15\ However, the Committee also notes 
that the Task Force's report recognizes that, under a 
Commonwealth option, Puerto Rico would remain subject to the 
Territorial Clause of the U.S. Constitution. The authors of 
this bill agreed at the onset of their negotiations that 
including territory status among the options to be selected by 
voters would undermine the overall intent of the legislation to 
decolonize the island and resolve Puerto Rico's political 
status.
---------------------------------------------------------------------------
    \15\President's Task Force on Puerto Rico's Status, Report by the 
President's Task Force on Puerto Rico's Status (2011), https://
obamawhitehouse.archives.gov/sites/default/files/uploads/
Puerto_Rico_Task_Force_Report.pdf.
---------------------------------------------------------------------------
    The exclusion of a ``None of the above'' option in the 
plebiscite is based on the Committee's belief that the 
inclusion of such an option falsely suggests the existence of a 
fourth non-territorial option for permanently resolving Puerto 
Rico's political status beyond the three options of 
Independence, Sovereignty in Free Association with the United 
States, or Statehood. No other options exist that are 
compatible with the U.S. Constitution and international law. 
Such a belief defies the conclusions of the international 
community, the federal courts, and the executive branch.
    The decision to not count unmarked or ``blank'' ballots is 
responsive to past controversies where the existence of blank 
ballots has been used to undermine the public's confidence in 
the result of a plebiscite. The omission of blank ballots helps 
prevent uncertainty and inconclusiveness so that a resolution 
to Puerto Rico's political status may be achieved. In gathering 
feedback on the discussion draft of the bill, its authors 
frequently heard from the general public in favor of helping 
ensure the public's confidence in the results, whatever the 
outcome.
    The majority vote threshold of more than 50 percent of the 
valid votes cast is fundamental to democracy, dating back to 
the founding of the United States, and consistent with the 
Committee's belief that imposing a higher threshold would place 
an unreasonable burden on the people of Puerto Rico and 
unfairly deter the success of any of the three status options 
included in the ballot. Given the division among eligible 
voters on the issue of Puerto Rico's political status, the 
Committee believes that the simple majority threshold, as 
defined in this Act, is the most effective to resolve Puerto 
Rico's political status and consistent with democratic norms 
and traditions.
    The inclusion of a runoff plebiscite in the event that 
neither status option receives a majority vote in the initial 
plebiscite is partly responsive to the recommendations of 
President Obama's Task Force on Puerto Rico's Status. In its 
March 2011 report, the Task Force notes that a single 
plebiscite alone may result in a ``fractured vote'' that would 
undermine the confidence in the status option that receives the 
most votes, especially if such option receives only a narrow 
plurality. If necessary, a runoff plebiscite between the two 
options that receive the most votes in an initial plebiscite 
would instill voters with a greater level of confidence in the 
status that is ultimately selected.
    The Committee notes that the language describing each of 
the three status options on the plebiscite ballot is consistent 
with the transition and implementation details included in 
Titles I, II, and III of this Act to ensure voters understand 
the implications of each option so that they may make an 
informed choice.
    The requirement for Congress to act on the results of the 
plebiscite and implement the status option selected by a 
majority of voters is essential to resolving Puerto Rico's 
status and for instilling confidence in voters that their 
choice will be respected by Congress. Congress maintains its 
authority to pass contingent laws as it deems necessary to 
facilitate Puerto Rico's transition to a non-territorial 
status.
    In addition to setting the procedures for implementing the 
plebiscite, the section requires informing officials of the 
results and provides the United States District Court for the 
District of Puerto Rico jurisdiction of any dispute or 
controversy related to the electoral process.

Section 6. Nonpartisan voter education campaign

    Section 6(a) requires the Puerto Rico State Elections 
Commission to lead a nonpartisan voter education campaign that 
includes voter education materials related to the plebiscites 
at all voting locations. Section 6(b) specifies some of the 
topics at minimum that must be addressed in the voter education 
materials.
    The Committee believes that the voter education campaign 
topics specified in and required by the legislative text should 
be read expansively to best inform the people of Puerto Rico on 
the ramifications of their decision on the island's future 
status. In particular, the topic of ``international 
representation'' is intended to address Puerto Rico's 
eligibility under each status option for international events 
including the Olympics Games and the Miss Universe pageant 
under the rules of the organizations that run such events. 
Regarding the topic of ``access and treatment under Federal law 
and programs,'' the voter education campaign should address 
access to federal programs such as Social Security, Medicaid, 
Medicare, and the Supplemental Nutrition Assistance Program, as 
well as topics that include taxation of individuals and 
businesses and official language for each of the status 
options. The Committee notes that any voter education campaign 
information related to taxation of individuals and business 
should be consistent with the plebiscite ballot language for 
each status options in Section 5. The Committee also notes 
that, in the event voters choose Independence or Sovereignty in 
Free Association with the United States, the nation of Puerto 
Rico would have the power to determine or not its official 
language. Similarly, in the event voters choose Statehood, the 
State of Puerto Rico, like the other several states, would have 
the power to define or not its official language. The United 
States does not have an official language, and there is no rule 
in the U.S. Constitution requiring the adoption of English for 
the admission of new states.

Section 7. Oversight

    Section 7(a) sets requirements for the Elections Commission 
to submit the ballot design and voter education materials for 
the plebiscite to the U.S. Attorney General for review. Section 
7(b) sets out that if the U.S. Attorney General fails to comply 
with section 7(c), the ballot design and voter education 
materials shall be considered approved. Section 7(c) sets 
requirements for the U.S. Attorney General to review the ballot 
design and voter education materials for the plebiscite and 
return the information with comments and instructions to the 
Elections Commission or inform the Elections Commission that no 
changes are necessary. Section 7(d) sets requirements for the 
Elections Commission to revise the ballot design and voter 
education materials as requested by the Attorney General.
    The Committee notes that, unlike the options of 
Independence and Statehood, the option of Sovereignty in Free 
Association with the United States is currently not represented 
by an official political party in Puerto Rico. This section 
empowers the U.S. Attorney General to review the ballot design 
and voter education materials to ensure that the three status 
options are represented fairly, especially in the event that 
Free Association is not represented on the Elections 
Commission.

Section 8. Funds for voter education; plebiscites

    Section 8(a) authorizes necessary funds for the Elections 
Commission to carry out a nonpartisan voter education campaign, 
an initial plebiscite and, if necessary, a runoff plebiscite 
under this Act. Section 8(b) makes available $2,500,000 
previously authorized in 2014 through Public Law 113-76 to 
carry out a plebiscite on Puerto Rico's political status.
    The Committee notes the federal government's responsibility 
to resolve Puerto Rico's political status in recognition of the 
United States acquiring Puerto Rico by conquest, not consent, 
in the Spanish-American War. This responsibility would be 
carried out through the funding of an objective, nonpartisan 
voter education campaign; an initial plebiscite; and, if 
necessary, a runoff plebiscite to facilitate a democratic 
transition to a new political status for Puerto Rico.

Section 9. Bilingual voter education materials and ballots

    Section 9 requires that the Elections Commission makes 
available in English and Spanish all voter education materials 
and plebiscite ballots used to carry out this bill.
    The Committee believes it is important to make all voter 
education materials and plebiscite ballots available in the 
official languages of Puerto Rico, which are English and 
Spanish.

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

    Section 10 provides that the Puerto Rico, Oversight, 
Management and Economic Stability Act (PROMESA) will no longer 
apply to Puerto Rico after it becomes a state or a nation. This 
section also requires the termination of the Financial 
Oversight and Management Board of Puerto Rico and the transfer 
of all duties, responsibilities, funds, property, and assets of 
the Board to the State of Puerto Rico or the nation of Puerto 
Rico.
    The Committee notes that nothing in this bill provides that 
the debt of the territory of Puerto Rico and its 
instrumentalities will be assumed by the federal government, 
pardoned, or condoned. Sections 109, 207, and 308 establish 
that judgments rendered by federal or territorial courts before 
any change in status will remain in effect, which includes the 
debt restructuring agreements reached pursuant to PROMESA.

Section 11. Severability

    Section 11 provides that any part of this Act being held 
invalid by a court of jurisdiction does not invalidate the 
remainder of the Act.

          TITLE I--TRANSITION AND IMPLEMENTATION--INDEPENDENCE

Section 101. Constitutional convention

    Section 101(a) requires the legislature of Puerto Rico to 
provide for an election of delegates to a constitutional 
Convention within six months of the certification of a 
plebiscite result in favor of Independence to draft a 
constitution for the nation of Puerto Rico.
    Section 101(b) provides that all eligible voters may vote 
in the election of delegates to the constitutional Convention.
    Section 101(c) provides that the electoral process will 
occur according to the laws of the territory of Puerto Rico.
    Section 101(d) requires the elected delegates to the 
constitutional Convention to meet within three months after the 
special election. This initial meeting constitutes the 
establishment of the Convention.
    The Committee notes the federal government's responsibility 
to facilitate a stable and orderly transition to an independent 
political status for Puerto Rico, should that option be 
selected by a majority of voters. This section stipulates a 
rigorous and democratic process for drafting a constitution for 
the nation of Puerto Rico to ensure a successful transition.

Section 102. Character of the constitution

    Section 102 requires the constitutional Convention to draft 
a constitution that guarantees the protection of fundamental 
human rights.

Section 103. Submission; Ratification

    Section 103(a) requires the drafted constitution to be 
submitted to eligible voters for ratification or rejection in a 
special election within one year of the establishment of the 
constitutional Convention.
    Section 103(b) provides that the special election process 
will be determined by the legislature of Puerto Rico.

Section 104. Election of officers

    Section 104(a) requires the Governor of the territory of 
Puerto Rico to issue a proclamation within one month of the 
constitution's ratification calling for the election of 
officers of the nation of Puerto Rico.
    Section 104(b) requires another special election if voters 
reject the drafted constitution. Following the process 
described in Sections 101-103, eligible voters will elect 
officers to a constitutional Convention and officers are 
responsible for drafting a constitution to be ratified or 
rejected by voters.
    Section 104(c) provides that the election of officers will 
be held within six months of the constitution's ratification 
and conducted according to the requirements in the 
constitution.
    Section 104(d) provides that the Elections Commission will 
certify the results of the election of officers within ten days 
of the election. The Governor of the territory of Puerto Rico 
then informs U.S. federal officials of the results.

Section 105. Conforming amendments to existing law

    Section 105(a) directs the President to review federal law 
with respect to Puerto Rico within 30 days of the initial 
meeting of the constitutional Convention.
    Section 105(b) directs the President to submit 
recommendations to Congress for changes to federal law within 
one year of initiating the review described in subsection 
105(a).
    The Committee notes that the transition to and 
implementation of the three non-territorial status options 
listed in this bill, including Independence, requires a review 
of federal law to address and resolve any conflicts between the 
laws of the United States, including the Constitution's 
uniformity provisions, and the laws of the state or nation of 
Puerto Rico. The deadlines for the President's review and 
submission to Congress reflect an urgency to ensure appropriate 
changes are made to avoid disruptions to the implementation of 
the status option selected by voters in the federal plebiscite.

Section 106. Joint Transition Commission

    Section 106(a) establishes a Joint Transition Commission 
within three months of the constitutional Convention's 
establishment.
    Section 106(b) provides that the Joint Transition 
Commission is responsible for expediting the transfer of all 
functions of the federal government in or relating to Puerto 
Rico to the nation of Puerto Rico.
    Section 106(c) provides that the Government of the 
territory of Puerto Rico and U.S. agencies will collaborate 
with the Joint Transition Commission and subsequent officers of 
the nation of Puerto Rico to carry out the transfer of 
functions described in subsection (b).
    The Committee notes its belief that the federal government 
should not impose extraneous requirements that would deter 
Puerto Rico's transition to a non-territorial status or 
infringe upon the sovereignty of the nation of Puerto Rico. Any 
matters beyond the scope of transferring government functions 
from one sovereign nation to another may be addressed by 
agreement between the United States and the nation of Puerto 
Rico following Puerto Rico's transition to an independent 
status.

Section 107. Proclamations by President of the United States; Head of 
        State of Puerto Rico

    Section 107(a) requires the President of the United States 
to issue a proclamation within one month of the certification 
of elected officers of the nation of Puerto Rico to withdraw 
United States sovereignty exercised in Puerto Rico and to 
recognize the independence of the nation of Puerto Rico and the 
authority of its government under its constitution.
    Section 107(b) provides that the President shall forward a 
copy of the proclamation within one week of signature to 
certain government officials in Puerto Rico and the United 
States.
    Section 107(c) requires the presiding officer of the 
constitutional Convention to determine, within one week of 
receiving the Presidential proclamation, the date that the 
Government of the nation of Puerto Rico takes office.
    The Committee notes that, following the President's 
proclamation, Congress may pass contingent laws as it deems 
necessary to facilitate Puerto Rico's transition to 
independence.

Section 108. Legal and constitutional provisions

    Section 108 provides that all property, rights, and 
interests of the United States government over Puerto Rico is 
transferred to the nation of Puerto Rico. This section also 
provides that all laws of the United States applicable to the 
territory of Puerto Rico prior to the proclamation of 
independence will no longer apply in the nation of Puerto Rico.

Section 109. Judicial pronouncements

    Section 109(a) provides that the nation of Puerto Rico will 
recognize all orders and judgements made by the United States 
or territorial courts before the proclamation of independence.
    Section 109(b) provides that all pending proceedings of the 
territory of Puerto Rico on the day of the proclamation of 
independence shall continue in the corresponding courts under 
the Constitution of the nation of Puerto Rico.
    Section 109(c) provides that the judicial power of the 
United States will no longer extend to Puerto Rico upon the 
proclamation of independence. Pending proceedings will be 
transferred to the corresponding courts of the nation of Puerto 
Rico for disposition according to the laws applicable at the 
time when the controversy arose.
    The Committee notes that Sections 109, 207, and 308 
establish that judgements rendered by federal or territorial 
courts before any change in status will remain in effect, which 
includes the debt restructuring agreements reached pursuant to 
PROMESA.

Section 110. Citizenship and immigration laws after Puerto Rican 
        independence

    Section 110(a) provides that the Puerto Rican citizenship 
status of a person born in Puerto Rico will be determined 
according to the Constitution and laws of the nation of Puerto 
Rico. This section also provides that citizens of Puerto Rico 
seeking to enter the United States or obtain U.S. citizenship 
after the effective date of independence shall be subject to 
U.S. immigration laws.
    The Committee notes that under Independence, Puerto Rican 
citizenship of a person born in Puerto Rico would be determined 
by the nation of Puerto Rico, and U.S. citizenship would be 
determined by Congress. The Committee also notes that, in 
general, the Immigration and Nationality Act (INA) would apply 
entirely to citizens of Puerto Rico after the effective date of 
independence, except as specifically and explicitly modified in 
section 110.
    Section 110(b) clarifies that the provision of Puerto Rican 
citizenship by the laws of Puerto Rico shall not constitute or 
otherwise serve as the basis of loss or relinquishment of U.S. 
citizenship.
    Section 110(c) provides that an individual born in Puerto 
Rico after the effective date of independence to at least one 
parent who became a United States citizen under section 302 of 
the INA is not a United States citizen at birth under 
subsections (c), (d), or (g) of section 301 of the INA.
    The Committee notes that, generally, current law provides 
several scenarios for persons to be U.S. citizens when born 
outside of the United States to parents who are U.S. citizens. 
However, the new nation of Puerto Rico would be unique among 
foreign nations in that it would already be populated 
overwhelmingly by U.S. citizens. Keeping these default rules 
would prevent Puerto Rico from becoming a nation that is 
populated by a majority of its own citizens.
    The bill's authors strongly believe that causing the nation 
of Puerto Rico to remain indefinitely with a population that is 
a majority citizens of the United States would not be in the 
interest of the nation of Puerto Rico or of the United States.
    Accordingly, the bill would limit some of the scenarios in 
which persons born in the nation of Puerto Rico would be U.S. 
citizens at birth. Under Independence, INA sections 301(c), 
(d), and (g) would not provide U.S. citizenship to a person 
born in the nation of Puerto Rico if one of the U.S. citizen 
parents obtained their citizenship under INA section 302. INA 
sections 301(c), (d), and (g) would remain applicable for 
persons born in Puerto Rico after a proclamation of 
Independence to parents who are U.S. citizens under provisions 
other than INA section 302.
    Section 110(d) provides temporary authorizations for Puerto 
Rican citizens who are not U.S. citizens to enter, work, and 
establish residence as nonimmigrants in the United States 
without the need for a visa. However, the right of such persons 
to travel, work, or establish residence in the United States 
may be subjected to limitations provided for in statutes or 
regulations of the United States. These authorizations expire 
25 years after independence.
    These authorizations are modeled after travel, work, and 
residence authorizations already available to citizens of the 
Freely Associated States of the Federated States of Micronesia, 
the Republic of the Marshall Islands, and the Republic of 
Palau.
    Section 110(e) makes conforming amendments to section 101 
of the INA and clarifies that Puerto Rico is considered to be 
in the United States, as such term is defined in section 101 of 
the INA, prior to independence.
    Section 110(f) provides that nothing in this section limits 
the power and authority of the United States to change policy 
requirements for United States citizenship.

Section 111. Individual rights to economic benefits and grants

    Section 111(a) provides that all vested rights and benefits 
available to residents of the territory of Puerto Rico will 
continue after the proclamation of independence until they are 
extinguished according to the applicable laws of the United 
States. All services provided as part of these rights and 
benefits will be available through the Government of the nation 
of Puerto Rico.
    Section 111(b) provides that all contributions made by 
employees and employers to Social Security with respect to 
residents of the nation of Puerto Rico, who are not yet 
eligible for old age, disability, or survivor's insurance 
benefits, be transferred to the Government of the nation of 
Puerto Rico once it establishes its own social security system. 
The Government of the nation of Puerto Rico may use these funds 
only to establish and operate a social security system. Once 
the transfer is made, the United States Government's 
obligations under the Social Security Act to such residents of 
the nation of Puerto Rico will end.
    Section 111(c) provides that all federal transfer payments 
to the territory of Puerto Rico are maintained in the form of 
annual block grants to be used by the Government of the nation 
of Puerto Rico. For ten fiscal years following the proclamation 
of independence, the annual block grants will amount to the 
annual aggregate funding of either all programs that currently 
extend to the territory of Puerto Rico or all programs that 
will be extended during the fiscal year prior to the 
proclamation of independence, whichever is greater. Beginning 
on the eleventh fiscal year, the annual block grants will 
decrease at a rate of ten percent each year.
    The Committee notes the federal government's responsibility 
to resolve Puerto Rico's political status in recognition of the 
United States acquiring Puerto Rico by conquest, not consent, 
in the Spanish-American War. This responsibility would be 
carried out through the provision of temporary support, in the 
form of federal transfer payments and economic benefits to the 
nation of Puerto Rico, to facilitate a stable transition to 
independence.

     TITLE II--TRANSITION AND IMPLEMENTATION--SOVEREIGNTY IN FREE 
                   ASSOCIATION WITH THE UNITED STATES

Section 201. Constitutional convention

    Section 201(a) requires the legislature of Puerto Rico to 
provide for an election of delegates to a constitutional 
Convention within six months of the certification of a 
plebiscite result in favor of Sovereignty in Free Association 
with the United States to draft a constitution for the nation 
of Puerto Rico.
    Section 201(b) provides that all eligible voters may vote 
in the election of delegates to the constitutional Convention.
    Section 201(c) provides that the electoral process will 
occur according to the laws of the territory of Puerto Rico.
    Section 201(d) requires the elected delegates to the 
constitutional Convention to meet within three months after the 
special election. This initial meeting constitutes the 
establishment of the Convention.
    The Committee notes the federal government's responsibility 
to facilitate a stable and orderly transition to a sovereignty 
in free association political status for Puerto Rico, should 
that option be selected by a majority of voters. This section 
stipulates a rigorous and democratic process for drafting a 
constitution for the nation of Puerto Rico to ensure a 
successful transition.

Section 202. Character of the constitution

    Section 202 requires the constitutional Convention to draft 
a constitution that guarantees the protection of fundamental 
human rights.

Section 203. Submission; Ratification

    Section 203(a) requires the drafted constitution to be 
submitted to eligible voters for ratification or rejection in a 
special election within two years of the establishment of the 
constitutional Convention.
    The Committee notes that the deadline for the ratification 
or rejection of a constitution is two years under Sovereignty 
in Free Association with the United States and one year under 
Independence. The additional year under Free Association is 
intended to provide sufficient time for the United States and 
the nation of Puerto Rico to reach an agreement to be codified 
in the first Articles of Free Association prior to bringing 
forth a constitution for a vote.
    Section 203(b) provides that the special election process 
will be determined by the legislature of Puerto Rico.

Section 204. Election of officers

    Section 204(a) requires the Governor of the territory of 
Puerto Rico to issue a proclamation within one month of the 
constitution's ratification calling for the election of 
officers of the nation of Puerto Rico.
    Section 204(b) requires another special election if voters 
reject the drafted constitution. Following the process 
described in Sections 201-203, eligible voters will elect 
officers to a constitutional Convention and officers are 
responsible for drafting a constitution to be ratified or 
rejected by voters.
    Section 204(c) provides that the election of officers will 
be held within six months of the constitution's ratification 
and conducted according to the requirements in the 
constitution.
    Section 204(d) provides that the Elections Commission will 
certify the results of the election of officers within ten days 
of the election. The Governor of the territory of Puerto Rico 
then informs U.S. federal officials of the result.

Section 205. Proclamations by President of the United States; Head of 
        State of Puerto Rico

    Section 205(a) requires the President of the United States 
to issue a proclamation within one month of the certification 
of elected officers of the nation of Puerto Rico to withdraw 
United States sovereignty exercised in Puerto Rico and to 
recognize the international sovereignty through free 
association of the nation of Puerto Rico and the authority of 
its government under its constitution.
    Section 205(b) provides that the President shall forward a 
copy of the proclamation within one week of signature to 
certain government officials in Puerto Rico and the United 
States.
    Section 205(c) requires the presiding officer of the 
constitutional Convention to determine, within one week of 
receiving the Presidential proclamation, the date that the 
Government of the nation of Puerto Rico takes office.
    The Committee notes that, following the President's 
proclamation, Congress may pass contingent laws as it deems 
necessary to facilitate Puerto Rico's transition to 
international sovereignty in free association with the United 
States.

Section 206. Legal and constitutional provisions

    Section 206 provides that all property, rights and 
interests of the United States government over Puerto Rico is 
transferred to the nation of Puerto Rico. This section also 
provides that all laws of the United States applicable to the 
territory of Puerto Rico prior to the proclamation of 
international sovereignty through free association will no 
longer apply in the nation of Puerto Rico.

Section 207. Judicial pronouncements

    Section 207(a) provides that the nation of Puerto Rico will 
recognize all orders and judgements made by the United States 
or territorial courts before the proclamation of international 
sovereignty through free association.
    Section 207(b) provides that all pending proceedings of the 
territory of Puerto Rico on the day of the proclamation of 
international sovereignty through free association shall 
continue in the corresponding courts under the Constitution of 
the nation of Puerto Rico.
    Section 207(c) provides that the judicial power of the 
United States will no longer extend to Puerto Rico upon the 
proclamation of international sovereignty through free 
association. Pending proceedings will be transferred to the 
corresponding courts of the nation of Puerto Rico for 
disposition according to the laws applicable at the time when 
the controversy arose.
    The Committee notes that Sections 109, 207, and 308 
establish that judgements rendered by federal or territorial 
courts before any change in status will remain in effect, which 
includes the debt restructuring agreements reached pursuant to 
PROMESA.

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

    Section 208(a) provides that the Puerto Rican citizenship 
status of a person born in Puerto Rico will be determined 
according to the Constitution and laws of the nation of Puerto 
Rico. This section also provides that citizens of Puerto Rico 
seeking to enter the United States or obtain U.S. citizenship 
after the proclamation of international sovereignty through 
free association shall be subject to U.S. immigration laws.
    The Committee notes that under Sovereignty in Free 
Association with the United States, Puerto Rican citizenship of 
a person born in Puerto Rico would be determined by the nation 
of Puerto Rico, and U.S. citizenship would be determined by 
Congress. The Committee also notes that, in general, the 
Immigration and Nationality Act (INA) would apply entirely to 
citizens of Puerto Rico after the proclamation of international 
sovereignty through free association, except as specifically 
and explicitly modified in section 208.
    Section 208(b) clarifies that the provision of Puerto Rican 
citizenship by the laws of Puerto Rico shall not constitute or 
otherwise serve as the basis of loss or relinquishment of U.S. 
citizenship.
    Section 208(c) provides that an individual born in Puerto 
Rico after the proclamation of international sovereignty 
through free association to at least one parent who became a 
United States citizen under section 302 of the INA is not a 
United States citizen at birth under subsections (c), (d), or 
(g) of section 301 of the INA--except as follows. During the 
first Articles of Free Association, an individual born in 
Puerto Rico to two parents who are U.S. citizens shall be a 
U.S. citizen at birth under section 301(c) of the INA if 
otherwise eligible. The duration of the Articles of Free 
Association is subject to negotiation and ratification by a 
sovereign Puerto Rico and United States.\16\
---------------------------------------------------------------------------
    \16\The existing Compacts of Free Association between the United 
States and the Freely Associated States--the Federated States of 
Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the 
Republic of Palau--are largely permanent. However, key terms regarding 
financial assistance require reauthorization, so in practice the 
agreements are reviewed periodically. The financial assistance terms 
were originally authorized with a duration of 15 years. They since have 
been renewed for 20-year periods for RMI and FSM and for 15 years for 
Palau.
---------------------------------------------------------------------------
    The Committee notes that, generally, current law provides 
several scenarios for persons to be U.S. citizens when born 
outside of the United States to parents who are U.S. citizens. 
However, the new nation of Puerto Rico would be unique among 
foreign nations in that it would already be populated 
overwhelmingly by U.S. citizens. Keeping these default rules 
would prevent Puerto Rico from becoming a nation that is 
populated by a majority of its own citizens.
    The bill's authors strongly believe that causing the nation 
of Puerto Rico to remain indefinitely with a population that is 
a majority citizens of the United States would not be in the 
interest of the nation of Puerto Rico or of the United States.
    Accordingly, the bill would limit some of the scenarios in 
which persons born in the nation of Puerto Rico would be U.S. 
citizens at birth. Under Sovereignty in Free Association with 
the United States, INA sections 301(c), (d), and (g) would not 
provide U.S. citizenship to a person born in the nation of 
Puerto Rico if one of the U.S. citizen parents obtained their 
citizenship under INA section 302, with one key exception as 
follows. During the first Articles of Free Association, INA 
sections 301(c) would remain available as in other foreign 
countries--that is, a person born in Puerto Rico to two U.S. 
citizens would be a U.S. citizen under INA section 301(c) 
(regardless of whether the parents obtained their U.S. 
citizenships under INA 302 or under another provision of law).
    The Committee notes that the period under section 
208(c)(2), providing that an individual born in Puerto Rico to 
two U.S. citizens shall be a U.S. citizen at birth during the 
implementation of the first Articles of Free Association, is a 
transition period. The bill's authors strongly believe that 
causing the nation of Puerto Rico to remain indefinitely with a 
population that is a majority citizens of the United States 
would not be in the interest of the nation of Puerto Rico or of 
the United States.
    Section 208(d) describes temporary authorizations for 
Puerto Rican citizens who are not U.S. citizens to enter, work, 
and establish residence as nonimmigrants in the United States 
without the need for a visa. However, the right of such persons 
to travel, work, or establish residence in the United States 
may be subjected to limitations provided for in statutes or 
regulations of the United States. These authorizations expire 
upon the termination of the Articles of Free Association.
    These authorizations are modeled after travel, work, and 
residence authorizations available to citizens of the Freely 
Associated States of the Federated States of Micronesia, the 
Republic of the Marshall Islands, and the Republic of Palau.
    Section 208(e) makes conforming amendments to section 101 
of the INA and clarifies that Puerto Rico is considered to be 
in the United States, as such term is defined in section 101 of 
the INA, prior to international sovereignty through free 
association.
    Section 208(f) provides that nothing in this section limits 
the power and authority of the United States to change policy 
requirements for United States citizenship.

Section 209. Conforming amendments to existing law

    Section 209(a) directs the President to review federal law 
with respect to Puerto Rico within 30 days of the initial 
meeting of the constitutional Convention.
    Section 209(b) directs the President to submit 
recommendations to Congress for changes to federal law within 
one year of initiating the review described in subsection 
205(a).
    The Committee notes that the transition to and 
implementation of the three non-territorial status options 
listed in this bill, including Sovereignty in Free Association 
with the United States, requires a review of federal law to 
address and resolve any conflicts between the laws of the 
United States, including the Constitution's uniformity 
provisions, and the laws of the state or nation of Puerto Rico. 
The deadlines for the President's review and submission to 
Congress reflect an urgency to ensure appropriate changes are 
made to avoid disruptions to the implementation of the status 
option selected by voters in the federal plebiscite.

Section 210. Bilateral Negotiating Commission

    Section 210(a) establishes a Bilateral Negotiating 
Commission to conduct negotiations on Articles of Free 
Association with the United States if a plebiscite results in a 
majority vote for sovereignty in free association with the 
United States.
    Section 210(b) requires members to be assigned to the 
Bilateral Negotiating Commission within three months of the 
establishment of the constitutional Convention. The Convention 
will elect, by majority vote, five members among its delegates 
and the President of the United States will designate five 
members, including one with the rank of Ambassador.
    Section 210(c) requires the Bilateral Negotiating 
Commission to meet within three months of the election and 
designation of its members. This initial meeting constitutes 
the establishment of the Commission.
    Section 210(d) describes that the Bilateral Negotiating 
Commission is responsible for (1) expediting the transfer of 
all functions of the United States government in Puerto Rico to 
Puerto Rico, (2) negotiating the development of the Articles of 
Free Association, and (3) completing the Articles of Free 
Association within two years of the establishment of the 
constitutional Convention.
    Section 210(e) requires that the Government of the 
territory of Puerto Rico and the agencies of the Government of 
the United States will collaborate with the Commission to 
provide for the orderly transfer of functions described in 
subsection 210(d).

Section 211. Articles of Free Association approval and effective date

    Section 211(a) provides that the Articles of Free 
Association are effective upon mutual agreement between the 
Government of the United States and the Government of Puerto 
Rico and after approval by a separate ratification vote by 
eligible voters of Puerto Rico in a special election held under 
Section 203 and by the Government of the United States in 
accordance with its constitutional processes.
    Section 211(b) requires that the process for negotiating, 
drafting, and approving Articles of Free Association be 
repeated if the special election results in the rejection of 
the Articles of Free Association.

Section 212. Termination

    Section 212 provides that the Articles of Free Association 
between the United States and Puerto Rico may be terminated at 
will by either party at any time.
    The Committee notes the ability for either the United 
States or the nation of Puerto Rico to terminate the Articles 
of Free Association is consistent with U.S. and international 
law and the ability of two sovereign nations to enter into or 
terminate agreements between nations.

Section 213. Individual rights to economic benefits and grants

    Section 213(a) provides that all vested rights and benefits 
available to residents of the territory of Puerto Rico will 
continue after the proclamation of international sovereignty 
through free association until they are extinguished according 
to the applicable laws of the United States. All services 
provided as part of these rights and benefits will be available 
through the Government of the nation of Puerto Rico according 
to agreements reached by the two nations.
    Section 213(b) provides that all contributions made by 
employees and employers to Social Security with respect to 
residents of the nation of Puerto Rico, who are not yet 
eligible for old age, disability, or survivor's insurance 
benefits, be transferred to the Government of the nation of 
Puerto Rico once it establishes its own social security system. 
The Government of the nation of Puerto Rico may use these funds 
only to establish and operate a social security system. Once 
the transfer is made, the United States Government's 
obligations under the Social Security Act to such residents of 
the nation of Puerto Rico will end.
    Section 213(c) provides that all federal transfer payments 
to the territory of Puerto Rico are maintained in the form of 
annual block grants to be used by the Government of the nation 
of Puerto Rico. For ten fiscal years following the proclamation 
of international sovereignty through free association, the 
annual block grants will amount to the annual aggregate funding 
of either all programs that currently extend to the territory 
of Puerto Rico or all programs that will be extended during the 
fiscal year prior to the proclamation of international 
sovereignty through free association, whichever is greater. 
Beginning on the eleventh fiscal year, the annual block grants 
will decrease at a rate of ten percent each year.
    Section 213(d) provides that the terms and conditions of 
this section may be revised by agreement under the Articles of 
Free Association.
    The Committee notes the federal government's responsibility 
to resolve Puerto Rico's political status in recognition of the 
United States acquiring Puerto Rico by conquest, not consent, 
in the Spanish-American War. This responsibility would be 
carried out through the provision of temporary support, in the 
form of federal transfer payments and economic benefits to the 
nation of Puerto Rico, to facilitate a stable transition to 
sovereignty.

          TITLE III--TRANSITION AND IMPLEMENTATION--STATEHOOD

Section 301. Presidential proclamation; Admission into the Union

    Section 301 requires the President to issue a proclamation 
declaring the date that Puerto Rico is admitted as a state of 
the Union. This date must be within one year of the effective 
date of the plebiscite results in favor of statehood. This 
section also provides that the territory of Puerto Rico will be 
a state of the United States of America, known as the State of 
Puerto Rico, and admitted into the Union on an equal footing 
with the other states upon the date selected by the President. 
Puerto Rico will remain unincorporated until its admission.
    The Committee notes that, following the President's 
proclamation, Congress may pass contingent laws as it deems 
necessary to facilitate Puerto Rico's admission as a state and 
to ensure the State of Puerto Rico's conformity with existing 
laws of the United States and the Constitution's uniformity 
provisions. The Committee also notes that the provision to 
maintain Puerto Rico's ``unincorporated'' status until its 
admission as a state reflects the recommendation of the 
Department of Justice in its section-by-section analysis of 
H.R. 1522 to include such language to clearly express an intent 
to avoid disruptions that would result from the immediate 
application of the Constitution's uniformity requirements in 
Puerto Rico.

Section 302. Conforming amendments to existing law

    Section 302(a) directs the President to review federal law 
with respect to Puerto Rico within 30 days of the certification 
of a plebiscite result in favor of statehood.
    Section 302(b) directs the Presidents to submit 
recommendations to Congress for changes to federal law within 
one year of initiating the review referred to in subsection 
302(a).
    The Committee notes that the transition to and 
implementation of the three non-territorial status options 
listed in this bill, including Statehood, requires a review of 
federal law to address and resolve any conflicts between the 
laws of the United States, including the Constitution's 
uniformity provisions, and the laws of the state or nation of 
Puerto Rico. The deadlines for the President's review and 
submission to Congress reflect an urgency to ensure appropriate 
changes are made to avoid disruptions to the implementation of 
the status option selected by voters in the federal plebiscite.

Section 303. Territory and boundaries

    Section 303 specifies the territory and boundaries of the 
State of Puerto Rico, including all the islands and territorial 
waters in the seaward boundary currently under the territory of 
Puerto Rico's jurisdiction.

Section 304. Constitution

    Section 304 declares the Constitution of the territory of 
Puerto Rico, previously found to be republican in form and 
aligned with the Constitution of the United States and the 
Declaration of Independence, is accepted as the Constitution of 
the State of Puerto Rico. This section also requires all future 
constitutions of the State of Puerto Rico also be republican in 
form and not contrary to the United States Constitution or the 
Declaration of Independence.

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

    Section 305(a) requires the Governor of Puerto Rico to 
announce the dates and other requirements for primary and 
general elections for representation in the Senate and the 
House of Representatives of the United States within one month 
of the President's proclamation to admit Puerto Rico as a 
state.
    Section 305(b) provides that the office of the Resident 
Commissioner of Puerto Rico will cease to exist upon swearing 
in the first Representative from the State of Puerto Rico to 
the House of Representatives.
    Section 305(c) provides that the State of Puerto Rico shall 
be entitled to Senators and Representatives in the U.S. 
Congress who possess all the rights and privileges afforded to 
representatives of the other states. This section also provides 
that two senatorial offices shall be separately identified and 
designated in the first election of Senators and that the State 
of Puerto Rico is entitled to the same number of 
Representatives as the state whose most recent census 
population was closest to, but less than, that of Puerto Rico 
in the first election of Representatives and subsequent 
elections until the next census-based reapportionment cycle. 
The addition of these Representatives will temporarily increase 
the membership of the House of Representatives prescribed by 
law, and the State of Puerto Rico will subsequently be entitled 
to the number of Representatives provided for by applicable law 
based on the next reapportionment. In addition, this section 
also requires the Elections Commission to certify the results 
of the primary and general elections for representation in 
Congress to the Governor and requires the Governor to declare 
and transmit the results within ten days of each certification. 
Finally, this section provides the United States District Court 
for the District of Puerto Rico jurisdiction over any dispute 
or controversy related to the electoral process.

Section 306. State title to land and property

    Section 306(a) provides that the State of Puerto Rico 
retains title to all property held by the territory of Puerto 
Rico on the date of admission of Puerto Rico into the Union.
    Section 306(b) provides that any property that has been set 
aside for the use of the United States at the time of admission 
of Puerto Rico into the Union will remain the property of the 
United States.
    Section 306(c) provides the State of Puerto Rico exclusive 
right to all seabed, natural, and mineral resources within 
three marine leagues (nine nautical miles) from its shore. All 
other rights of sovereignty regarding the continental shelf and 
waters will belong to the United States, except those already 
vested in Puerto Rico.

Section 307. Continuity of laws, government, and obligations

    Section 307 provides that all territorial laws existing 
upon the President's proclamation of Puerto Rico's admission 
into the Union will remain in place under the State of Puerto 
Rico until the state amends, modifies, or repeals such laws. 
All United States laws will have the same force and effect 
within the State of Puerto Rico as in other states. This 
section also provides that individuals holding legislative, 
executive, and judicial offices of the territory of Puerto Rico 
will continue their duties when Puerto Rico becomes a state of 
the Union. In addition, all contracts, obligations, debts, and 
claims of the territory of Puerto Rico at the time of admission 
continue as those of the State of Puerto Rico. Finally, this 
section provides that all United States laws reserving free use 
or enjoyment of property that vests in or is conveyed to the 
State of Puerto Rico will cease to be effective.

Section 308. Judicial pronouncements

    Section 308(a) provides for all pending actions in any 
court of the territory of Puerto Rico to proceed within the 
appropriate state courts as established under the Constitution 
of the State of Puerto Rico or within the U.S. District Court 
for the District of Puerto Rico as appropriate.
    Section 308(b) provides that all civil causes of action and 
criminal offenses that arise before admission but that do not 
have pending action at the time of admission will be subject to 
prosecution in the appropriate state courts or in the U.S. 
District Court for the District of Puerto Rico.
    Section 308(c) provides parties with the same rights of 
judicial review and appeal regarding any case of the U.S. 
District Court for the District of Puerto Rico or the Supreme 
Court of Puerto Rico upon admission into the Union as before 
admission.
    The Committee notes that Sections 109, 207, and 308 
establish that judgements rendered by federal or territorial 
courts before any change in status will remain in effect, which 
includes the debt restructuring agreements reached pursuant to 
PROMESA.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate the forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House passage of the bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. The Committee adopts as its own 
any finalized additional materials of the Director of the 
Congressional Budget Office regarding the bill, should such 
materials be made available before House passage of the bill.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are 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.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee if such 
estimate is not publicly available on CBO's website.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of ArticleVI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets and 
existing law in which no change is proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT




           *       *       *       *       *       *       *
                            TITLE I--GENERAL


                              definitions

  Section 101. (a) As used in this Act--
  (1) The term ``administrator'' means the official designated 
by the Secretary of State pursuant to section 104(b) of this 
Act.
  (2) The term ``advocates'' includes, but is not limited to, 
advises, recommends, furthers by overt act, and admits belief 
in.
  (3) The term ``alien'' means any person not a citizen or 
national of the United States.
  (4) The term ``application for admission'' has reference to 
the application for admission into the United States and not to 
the application for the issuance of an immigrant or 
nonimmigrant visa.
  (5) The term ``Attorney General'' means the Attorney General 
of the United States.
  (6) The term ``border crossing identification card'' means a 
document of identity bearing that designation issued to an 
alien who is lawfully admitted for permanent residence, or to 
an alien who is a resident in foreign contiguous territory, by 
a consular officer or an immigration officer for the purpose of 
crossing over the borders between the United States and foreign 
contiguous territory in accordance with such conditions for its 
issuance and use as may be prescribed by regulations. Such 
regulations shall provide that (A) each such document include a 
biometric identifier (such as the fingerprint or handprint of 
the alien) that is machine readable and (B) an alien presenting 
a border crossing identification card is not permitted to cross 
over the border into the United States unless the biometric 
identifier contained on the card matches the appropriate 
biometric characteristic of the alien.
  (7) The term ``clerk of court'' means a clerk of a 
naturalization court.
  (8) The terms ``Commissioner'' and ``Deputy Commissioner'' 
mean the Commissioner of Immigration and Naturalization and a 
Deputy Commissioner of Immigration and Naturalization, 
respectively.
  (9) The term ``consular officer'' means any consular, 
diplomatic, or other officer or employee of the United States 
designated under regulations prescribed under authority 
contained in this Act, for the purpose of issuing immigrant or 
nonimmigrant visas or, when used in title III, for the purpose 
of adjudicating nationality.
  (10) The term ``crewman'' means a person serving in any 
capacity on board a vessel or aircraft.
  (11) The term ``diplomatic visa'' means a nonimmigrant visa 
bearing that title and issued to a nonimmigrant in accordance 
with such regulations as the Secretary of State may prescribe.
  (12) The term ``doctrine'' includes, but is not limited to, 
policies, practices, purposes, aims, or procedures.
  (13)(A) The terms ``admission'' and ``admitted'' mean, with 
respect to an alien, the lawful entry of the alien into the 
United States after inspection and authorization by an 
immigration officer.
  (B) An alien who is paroled under section 212(d)(5) or 
permitted to land temporarily as an alien crewman shall not be 
considered to have been admitted.
  (C) An alien lawfully admitted for permanent residence in the 
United States shall not be regarded as seeking an admission 
into the United States for purposes of the immigration laws 
unless the alien--
          (i) has abandoned or relinquished that status,
          (ii) has been absent from the United States for a 
        continuous period in excess of 180 days,
          (iii) has engaged in illegal activity after having 
        departed the United States,
          (iv) has departed from the United States while under 
        legal process seeking removal of the alien from the 
        United States, including removal proceedings under this 
        Act and extradition proceedings,
          (v) has committed an offense identified in section 
        212(a)(2), unless since such offense the alien has been 
        granted relief under section 212(h) or 240A(a), or
          (vi) is attempting to enter at a time or place other 
        than as designated by immigration officers or has not 
        been admitted to the United States after inspection and 
        authorization by an immigration officer.
  (14) The term ``foreign state'' includes outlying possessions 
of a foreign state, but self-governing dominions and 
territories under mandate or trusteeship shall be regarded as 
separate foreign states.
  (15) The term ``immigrant'' means every alien except an alien 
who is within one of the following classes of nonimmigrant 
aliens--
          (A)(i) an ambassador, public minister, or career 
        diplomatic or consular officer who has been accredited 
        by a foreign government recognized de jure by the 
        United States and who is accepted by the President or 
        by the Secretary of State, and the members of the 
        alien's immediate family;
          (ii) upon a basis of reciprocity, other officials and 
        employees who have been accredited by a foreign 
        government recognized de jure by the United States, who 
        are accepted by the Secretary of State, and the members 
        of their immediate families; and
          (iii) upon a basis of reciprocity, attendants, 
        servants, personal employees, and members of their 
        immediate families, of the officials and employees who 
        have a nonimmigrant status under (i) and (ii) above;
          (B) an alien (other than one coming for the purpose 
        of study or of performing skilled or unskilled labor or 
        as a representative of foreign press, radio, film, or 
        other foreign information media coming to engage in 
        such vocation) having a residence in a foreign country 
        which he has no intention of abandoning and who is 
        visiting the United States temporarily for business or 
        temporarily for pleasure;
          (C) an alien in immediate and continuous transit 
        through the United States, or an alien who qualifies as 
        a person entitled to pass in transit to and from the 
        United Nations Headquarters District and foreign 
        countries, under the provisions of paragraphs (3), (4), 
        and (5) of section 11 of the Headquarters Agreement 
        with the United Nations (61 Stat. 758);
          (D)(i) an alien crewman serving in good faith as such 
        in a capacity required for normal operation and service 
        on board a vessel, as defined in section 258(a) (other 
        than a fishing vessel having its home port or an 
        operating base in the United States), or aircraft, who 
        intends to land temporarily and solely in pursuit of 
        his calling as a crewman and to depart from the United 
        States with the vessel or aircraft on which he arrived 
        or some other vessel or aircraft;
          (ii) an alien crewman serving in good faith as such 
        in any capacity required for normal operations and 
        service aboard a fishing vessel having its home port or 
        an operating base in the United States who intends to 
        land temporarily in Guam or the Commonwealth of the 
        Northern Mariana Islands and solely in pursuit of his 
        calling as a crewman and to depart from Guam or the 
        Commonwealth of the Northern Mariana Islands with the 
        vessel on which he arrived;
          (E) an alien entitled to enter the United States 
        under and in pursuance of the provisions of a treaty of 
        commerce and navigation between the United States and 
        the foreign state of which he is a national, and the 
        spouse and children of any such alien if accompanying 
        or following to join him: (i) solely to carry on 
        substantial trade, including trade in services or trade 
        in technology, principally between the United States 
        and the foreign state of which he is a national; (ii) 
        solely to develop and direct the operations of an 
        enterprise in which he has invested, or of an 
        enterprise in which he is actively in the process of 
        investing, a substantial amount of capital; or (iii) 
        solely to perform services in a specialty occupation in 
        the United States if the alien is a national of the 
        Commonwealth of Australia and with respect to whom the 
        Secretary of Labor determines and certifies to the 
        Secretary of Homeland Security and the Secretary of 
        State that the intending employer has filed with the 
        Secretary of Labor an attestation under section 
        212(t)(1);
          (F)(i) an alien having a residence in a foreign 
        country which he has no intention of abandoning, who is 
        a bona fide student qualified to pursue a full course 
        of study and who seeks to enter the United States 
        temporarily and solely for the purpose of pursuing such 
        a course of study consistent with section 214(l) at an 
        established college, university, seminary, 
        conservatory, academic high school, elementary school, 
        or other academic institution or in an accredited 
        language training program in the United States, 
        particularly designated by him and approved by the 
        Attorney General after consultation with the Secretary 
        of Education, which institution or place of study shall 
        have agreed to report to the Attorney General the 
        termination of attendance of each nonimmigrant student, 
        and if any such institution of learning or place of 
        study fails to make reports promptly the approval shall 
        be withdrawn, (ii) the alien spouse and minor children 
        of any alien described in clause (i) if accompanying or 
        following to join such an alien, and (iii) an alien who 
        is a national of Canada or Mexico, who maintains actual 
        residence and place of abode in the country of 
        nationality, who is described in clause (i) except that 
        the alien's qualifications for and actual course of 
        study may be full or part-time, and who commutes to the 
        United States institution or place of study from Canada 
        or Mexico;
          (G)(i) a designated principal resident representative 
        of a foreign government recognized de jure by the 
        United States, which foreign government is a member of 
        an international organization entitled to enjoy 
        privileges, exemptions, and immunities as an 
        international organization under the International 
        Organizations Immunities Act (59 Stat. 669), accredited 
        resident members of the staff of such representatives, 
        and members of his or their immediate family;
          (ii) other accredited representatives of such a 
        foreign government to such international organizations, 
        and the members of their immediate families;
          (iii) an alien able to qualify under (i) or (ii) 
        above except for the fact that the government of which 
        such alien is an accredited representative is not 
        recognized de jure by the United States, or that the 
        government of which he is an accredited representative 
        is not a member of such international organization, and 
        the members of his immediate family;
          (iv) officers, or employees of such international 
        organizations, and the members of their immediate 
        families;
          (v) attendants, servants, and personal employees of 
        any such representative, officer, or employee, and the 
        members of the immediate families of such attendants, 
        servants, and personal employees;
          (H) an alien (i) (b) subject to section 212(j)(2), 
        who is coming temporarily to the United States to 
        perform services (other than services described in 
        subclause (a) during the period in which such subclause 
        applies and other than services described in subclause 
        (ii)(a) or in subparagraph (O) or (P)) in a specialty 
        occupation described in section 214(i)(1) or as a 
        fashion model, who meets the requirements for the 
        occupation specified in section 214(i)(2) or, in the 
        case of a fashion model, is of distinguished merit and 
        ability, and with respect to whom the Secretary of 
        Labor determines and certifies to the Attorney General 
        that the intending employer has filed with the 
        Secretary an application under section 212(n)(1), or 
        (b1) who is entitled to enter the United States under 
        and in pursuance of the provisions of an agreement 
        listed in section 214(g)(8)(A), who is engaged in a 
        specialty occupation described in section 214(i)(3), 
        and with respect to whom the Secretary of Labor 
        determines and certifies to the Secretary of Homeland 
        Security and the Secretary of State that the intending 
        employer has filed with the Secretary of Labor an 
        attestation under section 212(t)(1), or (c) who is 
        coming temporarily to the United States to perform 
        services as a registered nurse, who meets the 
        qualifications described in section 212(m)(1), and with 
        respect to whom the Secretary of Labor determines and 
        certifies to the Attorney General that an unexpired 
        attestation is on file and in effect under section 
        212(m)(2) for the facility (as defined in section 
        212(m)(6)) for which the alien will perform the 
        services; or (ii)(a) having a residence in a foreign 
        country which he has no intention of abandoning who is 
        coming temporarily to the United States to perform 
        agricultural labor or services, as defined by the 
        Secretary of Labor in regulations and including 
        agricultural labor defined in section 3121(g) of the 
        Internal Revenue Code of 1986, agriculture as defined 
        in section 3(f) of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 203(f)), and the pressing of apples for 
        cider on a farm, of a temporary or seasonal nature, or 
        (b) having a residence in a foreign country which he 
        has no intention of abandoning who is coming 
        temporarily to the United States to perform other 
        temporary service or labor if unemployed persons 
        capable of performing such service or labor cannot be 
        found in this country, but this clause shall not apply 
        to graduates of medical schools coming to the United 
        States to perform services as members of the medical 
        profession; or (iii) having a residence in a foreign 
        country which he has no intention of abandoning who is 
        coming temporarily to the United States as a trainee, 
        other than to receive graduate medical education or 
        training, in a training program that is not designed 
        primarily to provide productive employment; and the 
        alien spouse and minor children of any such alien 
        specified in this paragraph if accompanying him or 
        following to join him;
          (I) upon a basis of reciprocity, an alien who is a 
        bona fide representative of foreign press, radio, film, 
        or other foreign information media, who seeks to enter 
        the United States solely to engage in such vocation, 
        and the spouse and children of such a representative if 
        accompanying or following to join him;
          (J) an alien having a residence in a foreign country 
        which he has no intention of abandoning who is a bona 
        fide student, scholar, trainee, teacher, professor, 
        research assistant, specialist, or leader in a field of 
        specialized knowledge or skill, or other person of 
        similar description, who is coming temporarily to the 
        United States as a participant in a program designated 
        by the Director of the United States Information 
        Agency, for the purpose of teaching, instructing or 
        lecturing, studying, observing, conducting research, 
        consulting, demonstrating special skills, or receiving 
        training and who, if he is coming to the United States 
        to participate in a program under which he will receive 
        graduate medical education or training, also meets the 
        requirements of section 212(j), and the alien spouse 
        and minor children of any such alien if accompanying 
        him or following to join him;
          (K) subject to subsections (d) and (p) of section 
        214, an alien who--
                  (i) is the fiancee or fiance of a citizen of 
                the United States (other than a citizen 
                described in section 204(a)(1)(A)(viii)(I)) and 
                who seeks to enter the United States solely to 
                conclude a valid marriage with the petitioner 
                within ninety days after admission;
                  (ii) has concluded a valid marriage with a 
                citizen of the United States (other than a 
                citizen described in section 
                204(a)(1)(A)(viii)(I)) who is the petitioner, 
                is the beneficiary of a petition to accord a 
                status under section 201(b)(2)(A)(i) that was 
                filed under section 204 by the petitioner, and 
                seeks to enter the United States to await the 
                approval of such petition and the availability 
                to the alien of an immigrant visa; or
                  (iii) is the minor child of an alien 
                described in clause (i) or (ii) and is 
                accompanying, or following to join, the alien;
          (L) subject to section 214(c)(2), an alien who, 
        within 3 years preceding the time of his application 
        for admission into the United States, has been employed 
        continuously for one year by a firm or corporation or 
        other legal entity or an affiliate or subsidiary 
        thereof and who seeks to enter the United States 
        temporarily in order to continue to render his services 
        to the same employer or a subsidiary or affiliate 
        thereof in a capacity that is managerial, executive, or 
        involves specialized knowledge, and the alien spouse 
        and minor children of any such alien if accompanying 
        him or following to join him;
          (M)(i) an alien having a residence in a foreign 
        country which he has no intention of abandoning who 
        seeks to enter the United States temporarily and solely 
        for the purpose of pursuing a full course of study at 
        an established vocational or other recognized 
        nonacademic institution (other than in a language 
        training program) in the United States particularly 
        designated by him and approved by the Attorney General, 
        after consultation with the Secretary of Education, 
        which institution shall have agreed to report to the 
        Attorney General the termination of attendance of each 
        nonimmigrant nonacademic student and if any such 
        institution fails to make reports promptly the approval 
        shall be withdrawn, (ii) the alien spouse and minor 
        children of any alien described in clause (i) if 
        accompanying or following to join such an alien, and 
        (iii) an alien who is a national of Canada or Mexico, 
        who maintains actual residence and place of abode in 
        the country of nationality, who is described in clause 
        (i) except that the alien's course of study may be full 
        or part-time, and who commutes to the United States 
        institution or place of study from Canada or Mexico;
          (N)(i) the parent of an alien accorded the status of 
        special immigrant under paragraph (27)(I)(i) (or under 
        analogous authority under paragraph (27)(L)), but only 
        if and while the alien is a child, or (ii) a child of 
        such parent or of an alien accorded the status of a 
        special immigrant under clause (ii), (iii), or (iv) of 
        paragraph (27)(I) (or under analogous authority under 
        paragraph (27)(L));
          (O) an alien who--
                  (i) has extraordinary ability in the 
                sciences, arts, education, business, or 
                athletics which has been demonstrated by 
                sustained national or international acclaim or, 
                with regard to motion picture and television 
                productions a demonstrated record of 
                extraordinary achievement, and whose 
                achievements have been recognized in the field 
                through extensive documentation, and seeks to 
                enter the United States to continue work in the 
                area of extraordinary ability; or
                  (ii)(I) seeks to enter the United States 
                temporarily and solely for the purpose of 
                accompanying and assisting in the artistic or 
                athletic performance by an alien who is 
                admitted under clause (i) for a specific event 
                or events,
                  (II) is an integral part of such actual 
                performance,
                  (III)(a) has critical skills and experience 
                with such alien which are not of a general 
                nature and which cannot be performed by other 
                individuals, or (b) in the case of a motion 
                picture or television production, has skills 
                and experience with such alien which are not of 
                a general nature and which are critical either 
                based on a pre-existing longstanding working 
                relationship or, with respect to the specific 
                production, because significant production 
                (including pre- and post-production work) will 
                take place both inside and outside the United 
                States and the continuing participation of the 
                alien is essential to the successful completion 
                of the production, and
                  (IV) has a foreign residence which the alien 
                has no intention of abandoning; or
                  (iii) is the alien spouse or child of an 
                alien described in clause (i) or (ii) and is 
                accompanying, or following to join, the alien;
          (P) an alien having a foreign residence which the 
        alien has no intention of abandoning who--
                  (i)(a) is described in section 214(c)(4)(A) 
                (relating to athletes), or (b) is described in 
                section 214(c)(4)(B) (relating to entertainment 
                groups);
                  (ii)(I) performs as an artist or entertainer, 
                individually or as part of a group, or is an 
                integral part of the performance of such a 
                group, and
                  (II) seeks to enter the United States 
                temporarily and solely for the purpose of 
                performing as such an artist or entertainer or 
                with such a group under a reciprocal exchange 
                program which is between an organization or 
                organizations in the United States and an 
                organization or organizations in one or more 
                foreign states and which provides for the 
                temporary exchange of artists and entertainers;
                  (iii)(I) performs as an artist or 
                entertainer, individually or as part of a 
                group, or is an integral part of the 
                performance of such a group, and
                  (II) seeks to enter the United States 
                temporarily and solely to perform, teach, or 
                coach as such an artist or entertainer or with 
                such a group under a commercial or 
                noncommercial program that is culturally 
                unique; or
                  (iv) is the spouse or child of an alien 
                described in clause (i), (ii), or (iii) and is 
                accompanying, or following to join, the alien;
          (Q)(i) an alien having a residence in a foreign 
        country which he has no intention of abandoning who is 
        coming temporarily (for a period not to exceed 15 
        months) to the United States as a participant in an 
        international cultural exchange program approved by the 
        Secretary of Homeland Security for the purpose of 
        providing practical training, employment, and the 
        sharing of the history, culture, and traditions of the 
        country of the alien's nationality and who will be 
        employed under the same wages and working conditions as 
        domestic workers; or (ii)(I) an alien citizen of the 
        United Kingdom or the Republic of Ireland, 21 to 35 
        years of age, unemployed for not less than 12 months, 
        and having a residence for not less than 18 months in 
        Northern Ireland, or the counties of Louth, Monaghan, 
        Cavan, Leitrim, Sligo, and Donegal within the Republic 
        of Ireland, which the alien has no intention of 
        abandoning who is coming temporarily (for a period not 
        to exceed 24 months) to the United States as a 
        participant in a cultural and training program approved 
        by the Secretary of State and the Secretary of Homeland 
        Security under section 2(a) of the Irish Peace Process 
        Cultural and Training Program Act of 1998 for the 
        purpose of providing practical training, employment, 
        and the experience of coexistence and conflict 
        resolution in a diverse society, and (II) the alien 
        spouse and minor children of any such alien if 
        accompanying the alien or following to join the alien;
          (R) an alien, and the spouse and children of the 
        alien if accompanying or following to join the alien, 
        who--
                  (i) for the 2 years immediately preceding the 
                time of application for admission, has been a 
                member of a religious denomination having a 
                bona fide nonprofit, religious organization in 
                the United States; and
                  (ii) seeks to enter the United States for a 
                period not to exceed 5 years to perform the 
                work described in subclause (I), (II), or (III) 
                of paragraph (27)(C)(ii);
          (S) subject to section 214(k), an alien--
                  (i) who the Attorney General determines--
                          (I) is in possession of critical 
                        reliable information concerning a 
                        criminal organization or enterprise;
                          (II) is willing to supply or has 
                        supplied such information to Federal or 
                        State law enforcement authorities or a 
                        Federal or State court; and
                          (III) whose presence in the United 
                        States the Attorney General determines 
                        is essential to the success of an 
                        authorized criminal investigation or 
                        the successful prosecution of an 
                        individual involved in the criminal 
                        organization or enterprise; or
                  (ii) who the Secretary of State and the 
                Attorney General jointly determine--
                          (I) is in possession of critical 
                        reliable information concerning a 
                        terrorist organization, enterprise, or 
                        operation;
                          (II) is willing to supply or has 
                        supplied such information to Federal 
                        law enforcement authorities or a 
                        Federal court;
                          (III) will be or has been placed in 
                        danger as a result of providing such 
                        information; and
                          (IV) is eligible to receive a reward 
                        under section 36(a) of the State 
                        Department Basic Authorities Act of 
                        1956,
        and, if the Attorney General (or with respect to clause 
        (ii), the Secretary of State and the Attorney General 
        jointly) considers it to be appropriate, the spouse, 
        married and unmarried sons and daughters, and parents 
        of an alien described in clause (i) or (ii) if 
        accompanying, or following to join, the alien;
          (T)(i) subject to section 214(o), an alien who the 
        Secretary of Homeland Security, or in the case of 
        subclause (III)(aa) the Secretary of Homeland Security, 
        in consultation with the Attorney General, determines--
                          (I) is or has been a victim of a 
                        severe form of trafficking in persons, 
                        as defined in section 103 of the 
                        Trafficking Victims Protection Act of 
                        2000;
                          (II) is physically present in the 
                        United States, American Samoa, or the 
                        Commonwealth of the Northern Mariana 
                        Islands, or at a port of entry thereto, 
                        on account of such trafficking, 
                        including physical presence on account 
                        of the alien having been allowed entry 
                        into the United States for 
                        participation in investigative or 
                        judicial processes associated with an 
                        act or a perpetrator of trafficking;
                          (III)(aa) has complied with any 
                        reasonable request for assistance in 
                        the Federal, State or local 
                        investigation or prosecution of acts of 
                        trafficking or the investigation of 
                        crime where acts of trafficking are at 
                        least one central reason for the 
                        commission of that crime;
                  (bb) in consultation with the Attorney 
                General, as appropriate, is unable to cooperate 
                with a request described in item (aa) due to 
                physical or psychological trauma; or
                          (cc) has not attained 18 years of 
                        age; and
                          (IV) the alien would suffer extreme 
                        hardship involving unusual and severe 
                        harm upon removal; and
          (ii) if accompanying, or following to join, the alien 
        described in clause (i)--
                  (I) in the case of an alien described in 
                clause (i) who is under 21 years of age, the 
                spouse, children, unmarried siblings under 18 
                years of age on the date on which such alien 
                applied for status under such clause, and 
                parents of such alien;
                  (II) in the case of an alien described in 
                clause (i) who is 21 years of age or older, the 
                spouse and children of such alien; or
                  (III) any parent or unmarried sibling under 
                18 years of age of an alien described in 
                subclause (I) or (II) who the Secretary of 
                Homeland Security, in consultation with the law 
                enforcement officer investigating a severe form 
                of trafficking, determines faces a present 
                danger of retaliation as a result of the 
                alien's escape from the severe form of 
                trafficking or cooperation with law 
                enforcement.
          (U)(i) subject to section 214(p), an alien who files 
        a petition for status under this subparagraph, if the 
        Secretary of Homeland Security determines that--
                          (I) the alien has suffered 
                        substantial physical or mental abuse as 
                        a result of having been a victim of 
                        criminal activity described in clause 
                        (iii);
                          (II) the alien (or in the case of an 
                        alien child under the age of 16, the 
                        parent, guardian, or next friend of the 
                        alien) possesses information concerning 
                        criminal activity described in clause 
                        (iii);
                          (III) the alien (or in the case of an 
                        alien child under the age of 16, the 
                        parent, guardian, or next friend of the 
                        alien) has been helpful, is being 
                        helpful, or is likely to be helpful to 
                        a Federal, State, or local law 
                        enforcement official, to a Federal, 
                        State, or local prosecutor, to a 
                        Federal or State judge, to the Service, 
                        or to other Federal, State, or local 
                        authorities investigating or 
                        prosecuting criminal activity described 
                        in clause (iii); and
                          (IV) the criminal activity described 
                        in clause (iii) violated the laws of 
                        the United States or occurred in the 
                        United States (including in Indian 
                        country and military installations) or 
                        the territories and possessions of the 
                        United States;
          (ii) if accompanying, or following to join, the alien 
        described in clause (i)--
                  (I) in the case of an alien described in 
                clause (i) who is under 21 years of age, the 
                spouse, children, unmarried siblings under 18 
                years of age on the date on which such alien 
                applied for status under such clause, and 
                parents of such alien; or
                  (II) in the case of an alien described in 
                clause (i) who is 21 years of age or older, the 
                spouse and children of such alien; and
                  (iii) the criminal activity referred to in 
                this clause is that involving one or more of 
                the following or any similar activity in 
                violation of Federal, State, or local criminal 
                law: rape; torture; trafficking; incest; 
                domestic violence; sexual assault; abusive 
                sexual contact; prostitution; sexual 
                exploitation; stalking; female genital 
                mutilation; being held hostage; peonage; 
                involuntary servitude; slave trade; kidnapping; 
                abduction; unlawful criminal restraint; false 
                imprisonment; blackmail; extortion; 
                manslaughter; murder; felonious assault; 
                witness tampering; obstruction of justice; 
                perjury; fraud in foreign labor contracting (as 
                defined in section 1351 of title 18, United 
                States Code); or attempt, conspiracy, or 
                solicitation to commit any of the above 
                mentioned crimes; or
          (V) subject to section 214(q), an alien who is the 
        beneficiary (including a child of the principal alien, 
        if eligible to receive a visa under section 203(d)) of 
        a petition to accord a status under section 
        203(a)(2)(A) that was filed with the Attorney General 
        under section 204 on or before the date of the 
        enactment of the Legal Immigration Family Equity Act, 
        if--
                  (i) such petition has been pending for 3 
                years or more; or
                  (ii) such petition has been approved, 3 years 
                or more have elapsed since such filing date, 
                and--
                          (I) an immigrant visa is not 
                        immediately available to the alien 
                        because of a waiting list of applicants 
                        for visas under section 203(a)(2)(A); 
                        or
                          (II) the alien's application for an 
                        immigrant visa, or the alien's 
                        application for adjustment of status 
                        under section 245, pursuant to the 
                        approval of such petition, remains 
                        pending.
  (16) The term ``immigrant visa'' means an immigrant visa 
required by this Act and properly issued by a consular officer 
at his office outside of the United States to an eligible 
immigrant under the provisions of this Act.
  (17) The term ``immigration laws'' includes this Act and all 
laws, conventions, and treaties of the United States relating 
to the immigration, exclusion, deportation, expulsion or 
removal of aliens.
  (18) The term ``immigration officer'' means any employee or 
class of employees of the Service or of the United States 
designated by the Attorney General, individually or by 
regulation, to perform the functions of an immigration officer 
specified by this Act or any section thereof.
  (19) The term ``ineligible to citizenship,'' when used in 
reference to any individual, means, notwithstanding the 
provisions of any treaty relating to military service, an 
individual who is, or was at any time, permanently debarred 
from becoming a citizen of the United States under section 3(a) 
of the Selective Training and Service Act of 1940, as amended 
(54 Stat. 885; 55 Stat. 844), or under section 4(a) of the 
Selective Service Act of 1948, as amended (62 Stat. 605; 65 
Stat. 76), or under any section of this Act, or any other Act, 
or under any law amendatory of, supplementary to, or in 
substitution for, any of such sections or Acts.
  (20) The term ``lawfully admitted for permanent residence'' 
means the status of having been lawfully accorded the privilege 
of residing permanently in the United States as an immigrant in 
accordance with the immigration laws, such status not having 
changed.
  (21) The term ``national'' means a person owing permanent 
allegiance to a state.
  (22) The term ``national of the United States'' means (A) a 
citizen of the United States, or (B) a person who, though not a 
citizen of the United States, owes permanent allegiance to the 
United States.
  (23) The term ``naturalization'' means the conferring of 
nationality of a state upon a person after birth, by any means 
whatsoever.
  (25) The term ``noncombatant service'' shall not include 
service in which the individual is not subject to military 
discipline, court martial, or does not wear the uniform of any 
branch of the armed forces.
  (26) The term ``nonimmigrant visa'' means a visa properly 
issued to an alien as an eligible nonimmigrant by a competent 
officer as provided in this Act.
  (27) The term ``special immigrant'' means--
          (A) an immigrant, lawfully admitted for permanent 
        residence, who is returning from a temporary visit 
        abroad;
          (B) an immigrant who was a citizen of the United 
        States and may, under section 324(a) or 327 of title 
        III, apply for reacquisition of citizenship;
          (C) an immigrant, and the immigrant's spouse and 
        children if accompanying or following to join the 
        immigrant, who--
                  (i) for at least 2 years immediately 
                preceding the time of application for 
                admission, has been a member of a religious 
                denomination having a bona fide nonprofit, 
                religious organization in the United States;
                  (ii) seeks to enter the United States--
                          (I) solely for the purpose of 
                        carrying on the vocation of a minister 
                        of that religious denomination,
                          (II) before September 30, 2015, in 
                        order to work for the organization at 
                        the request of the organization in a 
                        professional capacity in a religious 
                        vocation or occupation, or
                          (III) before September 30, 2015, in 
                        order to work for the organization (or 
                        for a bona fide organization which is 
                        affiliated with the religious 
                        denomination and is exempt from 
                        taxation as an organization described 
                        in section 501(c)(3) of the Internal 
                        Revenue Code of 1986) at the request of 
                        the organization in a religious 
                        vocation or occupation; and
                  (iii) has been carrying on such vocation, 
                professional work, or other work continuously 
                for at least the 2-year period described in 
                clause (i);
          (D) an immigrant who--
                  (i) is an employee, or an honorably retired 
                former employee, of the United States 
                Government abroad, or of the American Institute 
                in Taiwan, and who has performed faithful 
                service for a total of fifteen years, or more, 
                and his accompanying spouse and children: 
                Provided, That the principal officer of a 
                Foreign Service establishment (or, in the case 
                of the American Institute in Taiwan, the 
                Director thereof), in his discretion, shall 
                have recommended the granting of special 
                immigrant status to such alien in exceptional 
                circumstances and the Secretary of State 
                approves such recommendation and finds that it 
                is in the national interest to grant such 
                status; or
                  (ii) is the surviving spouse or child of an 
                employee of the United States Government 
                abroad: Provided, That the employee performed 
                faithful service for a total of not less than 
                15 years or was killed in the line of duty;
          (E) an immigrant, and his accompanying spouse and 
        children, who is or has been an employee of the Panama 
        Canal Company or Canal Zone Government before the date 
        on which the Panama Canal Treaty of 1977 (as described 
        in section 3 (a)(1) of the Panama Canal Act of 1979) 
        enters into force, who was resident in the Canal Zone 
        on the effective date of the exchange of instruments of 
        ratification of such Treaty, and who has performed 
        faithful service as such an employee for one year or 
        more;
          (F) an immigrant, and his accompanying spouse and 
        children, who is a Panamanian national and (i) who, 
        before the date on which such Panama Canal Treaty of 
        1977 enters into force, has been honorably retired from 
        United States Government employment in the Canal Zone 
        with a total of 15 years or more of faithful service, 
        or (ii) who on the date on which such Treaty enters 
        into force, has been employed by the United States 
        Government in the Canal Zone with a total of 15 years 
        or more of faithful service and who subsequently is 
        honorably retired from such employment or continues to 
        be employed by the United States Government in an area 
        of the former Canal Zone or continues to be employed by 
        the United States Government in an area of the former 
        Canal Zone;
          (G) an immigrant, and his accompanying spouse and 
        children, who was an employee of the Panama Canal 
        Company or Canal Zone government on the effective date 
        of the exchange of instruments of ratification of such 
        Panama Canal Treaty of 1977, who has performed faithful 
        service for five years or more as such an employee, and 
        whose personal safety, or the personal safety of whose 
        spouse or children, as a direct result of such Treaty, 
        is reasonably placed in danger because of the special 
        nature of any of that employment;
          (H) an immigrant, and his accompanying spouse and 
        children, who--
                  (i) has graduated from a medical school or 
                has qualified to practice medicine in a foreign 
                state,
                  (ii) was fully and permanently licensed to 
                practice medicine in a State on January 9, 
                1978, and was practicing medicine in a State on 
                that date,
                  (iii) entered the United States as a 
                nonimmigrant under subsection (a)(15)(H) or 
                (a)(15)(J) before January 10, 1978, and
                  (iv) has been continuously present in the 
                United States in the practice or study of 
                medicine since the date of such entry;
          (I)(i) an immigrant who is the unmarried son or 
        daughter of an officer or employee, or of a former 
        officer or employee, of an international organization 
        described in paragraph (15)(G)(i), and who (I) while 
        maintaining the status of a nonimmigrant under 
        paragraph (15)(G)(iv) or paragraph (15)(N), has resided 
        and been physically present in the United States for 
        periods totaling at least one-half of the seven years 
        before the date of application for a visa or for 
        adjustment of status to a status under this 
        subparagraph and for a period or periods aggregating at 
        least seven years between the ages of five and 21 
        years, and (II) applies for a visa or adjustment of 
        status under this subparagraph no later than his 
        twenty-fifth birthday or six months after the date of 
        the enactment of the Immigration Technical Corrections 
        Act of 1988, whichever is later;
          (ii) an immigrant who is the surviving spouse of a 
        deceased officer or employee of such an international 
        organization, and who (I) while maintaining the status 
        of a nonimmigrant under paragraph (15)(G)(iv) or 
        paragraph (15)(N), has resided and been physically 
        present in the United States for periods totaling at 
        least one-half of the seven years before the date of 
        application for a visa or for adjustment of status to a 
        status under this subparagraph and for a period or 
        periods aggregating at least 15 years before the date 
        of the death of such officer or employee, and (II) 
        files a petition for status under this subparagraph no 
        later than six months after the date of such death or 
        six months after the date of such death or six months 
        after the date of the enactment of the Immigration 
        Technical Corrections Act of 1988, whichever is later;
          (iii) an immigrant who is a retired officer or 
        employee of such an international organization, and who 
        (I) while maintaining the status of a nonimmigrant 
        under paragraph (15)(G)(iv), has resided and been 
        physically present in the United States for periods 
        totaling at least one-half of the seven years before 
        the date of application for a visa or for adjustment of 
        status to a status under this subparagraph and for a 
        period or periods aggregating at least 15 years before 
        the date of the officer or employee's retirement from 
        any such international organization, and (II) files a 
        petition for status under this subparagraph no later 
        than six months after the date of such retirement or 
        six months after the date of enactment of the 
        Immigration and Nationality Technical Corrections Act 
        of 1994, whichever is later; or
          (iv) an immigrant who is the spouse of a retired 
        officer or employee accorded the status of special 
        immigrant under clause (iii), accompanying or following 
        to join such retired officer or employee as a member of 
        his immediate family;
          (J) an immigrant who is present in the United 
        States--
                  (i) who has been declared dependent on a 
                juvenile court located in the United States or 
                whom such a court has legally committed to, or 
                placed under the custody of, an agency or 
                department of a State, or an individual or 
                entity appointed by a State or juvenile court 
                located in the United States, and whose 
                reunification with 1 or both of the immigrant's 
                parents is not viable due to abuse, neglect, 
                abandonment, or a similar basis found under 
                State law;
                  (ii) for whom it has been determined in 
                administrative or judicial proceedings that it 
                would not be in the alien's best interest to be 
                returned to the alien's or parent's previous 
                country of nationality or country of last 
                habitual residence; and
                  (iii) in whose case the Secretary of Homeland 
                Security consents to the grant of special 
                immigrant juvenile status, except that--
                          (I) no juvenile court has 
                        jurisdiction to determine the custody 
                        status or placement of an alien in the 
                        custody of the Secretary of Health and 
                        Human Services unless the Secretary of 
                        Health and Human Services specifically 
                        consents to such jurisdiction; and
                          (II) no natural parent or prior 
                        adoptive parent of any alien provided 
                        special immigrant status under this 
                        subparagraph shall thereafter, by 
                        virtue of such parentage, be accorded 
                        any right, privilege, or status under 
                        this Act;
          (K) an immigrant who has served honorably on active 
        duty in the Armed Forces of the United States after 
        October 15, 1978, and after original lawful enlistment 
        outside the United States (under a treaty or agreement 
        in effect on the date of the enactment of this 
        subparagraph) for a period or periods aggregating--
                  (i) 12 years and who, if separated from such 
                service, was never separated except under 
                honorable conditions, or
                  (ii) 6 years, in the case of an immigrant who 
                is on active duty at the time of seeking 
                special immigrant status under this 
                subparagraph and who has reenlisted to incur a 
                total active duty service obligation of at 
                least 12 years,
        and the spouse or child of any such immigrant if 
        accompanying or following to join the immigrant, but 
        only if the executive department under which the 
        immigrant serves or served recommends the granting of 
        special immigrant status to the immigrant;
          (L) an immigrant who would be described in clause 
        (i), (ii), (iii), or (iv) of subparagraph (I) if any 
        reference in such a clause--
                  (i) to an international organization 
                described in paragraph (15)(G)(i) were treated 
                as a reference to the North Atlantic Treaty 
                Organization (NATO);
                  (ii) to a nonimmigrant under paragraph 
                (15)(G)(iv) were treated as a reference to a 
                nonimmigrant classifiable under NATO-6 (as a 
                member of a civilian component accompanying a 
                force entering in accordance with the 
                provisions of the NATO Status-of-Forces 
                Agreement, a member of a civilian component 
                attached to or employed by an Allied 
                Headquarters under the ``Protocol on the Status 
                of International Military Headquarters'' set up 
                pursuant to the North Atlantic Treaty, or as a 
                dependent); and
                  (iii) to the Immigration Technical 
                Corrections Act of 1988 or to the Immigration 
                and Nationality Technical Corrections Act of 
                1994 were a reference to the American 
                Competitiveness and Workforce Improvement Act 
                of 1998
          (M) subject to the numerical limitations of section 
        203(b)(4), an immigrant who seeks to enter the United 
        States to work as a broadcaster in the United States 
        for the International Broadcasting Bureau of the 
        Broadcasting Board of Governors, or for a grantee of 
        the Broadcasting Board of Governors, and the 
        immigrant's accompanying spouse and children.
  (28) The term ``organization'' means, but is not limited to, 
an organization, corporation, company, partnership, 
association, trust, foundation or fund; and includes a group of 
persons, whether or not incorporated, permanently or 
temporarily associated together with joint action on any 
subject or subjects.
  (29) The term ``outlying possessions of the United States'' 
means American Samoa and Swains Island.
  (30) The term ``passport'' means any travel document issued 
by competent authority showing the bearer's origin, identity, 
and nationality if any, which is valid for the admission of the 
bearer into a foreign country.
  (31) The term ``permanent'' means a relationship of 
continuing or lasting nature, as distinguished from temporary, 
but a relationship may be permanent even though it is one that 
may be dissolved eventually at the instance either of the 
United States or of the individual, in accordance with law.
  (32) The term ``profession'' shall include but not be limited 
to architects, engineers, lawyers, physicians, surgeons, and 
teachers in elementary or secondary schools, colleges, 
academies, or seminaries.
  (33) The term ``residence'' means the place of general abode; 
the place of general abode of a person means his principal, 
actual dwelling place in fact, without regard to intent.
  (34) The term ``Service'' means the Immigration and 
Naturalization Service of the Department of Justice.
  (35) The term ``spouse'', ``wife'', or ``husband'' does not 
include a spouse, wife, or husband by reason of any marriage 
ceremony where the contracting parties thereto are not 
physically present in the presence of each other, unless the 
marriage shall have been consummated.
  (36) The term ``State'' includes the District of Columbia, 
[Puerto Rico,] Guam, the Virgin Islands of the United States, 
and the Commonwealth of the Northern Mariana Islands.
  (37) The term ``totalitarian party'' means an organization 
which advocates the establishment in the United States of a 
totalitarian dictatorship or totalitarianism. The terms 
``totalitarian dictatorship'' and ``totalitarianism'' mean and 
refer to systems of government not representative in fact, 
characterized by (A) the existence of a single political party, 
organized on a dictatorial basis, with so close an identity 
between such party and its policies and the governmental 
policies of the country in which it exists, that the party and 
the government constitute an indistinguishable unit, and (B) 
the forcible suppression of opposition to such party.
  (38) The term ``United States'', except as otherwise 
specifically herein provided, when used in a geographical 
sense, means the continental United States, Alaska, Hawaii, 
[Puerto Rico,] Guam, the Virgin Islands of the United States, 
and the Commonwealth of the Northern Mariana Islands.
  (39) The term ``unmarried'', when used in reference to any 
individual as of any time, means an individual who at such time 
is not married, whether or not previously married.
  (40) The term ``world communism'' means a revolutionary 
movement, the purpose of which is to establish eventually a 
Communist totalitarian dictatorship in any or all the countries 
of the world through the medium of an internationally 
coordinated Communist political movement.
  (41) The term ``graduates of a medical school'' means aliens 
who have graduated from a medical school or who have qualified 
to practice medicine in a foreign state, other than such aliens 
who are of national or international renown in the field of 
medicine.
  (42) The term ``refugee'' means (A) any person who is outside 
any country of such person's nationality or, in the case of a 
person having no nationality, is outside any country in which 
such person last habitually resided, and who is unable or 
unwilling to return to, and is unable or unwilling to avail 
himself or herself of the protection of, that country because 
of persecution or a well-founded fear of persecution on account 
of race, religion, nationality, membership in a particular 
social group, or political opinion, or (B) in such 
circumstances as the President after appropriate consultation 
(as defined in section 207(e) of this Act) may specify, any 
person who is within the country of such person's nationality 
or, in the case of a person having no nationality, within the 
country in which such person is habitually residing, and who is 
persecuted or who has a well-founded fear of persecution on 
account of race, religion, nationality, membership in a 
particular social group, or political opinion. The term 
``refugee'' does not include any person who ordered, incited, 
assisted, or otherwise participated in the persecution of any 
person on account of race, religion, nationality, membership in 
a particular social group, or political opinion. For purposes 
of determinations under this Act, a person who has been forced 
to abort a pregnancy or to undergo involuntary sterilization, 
or who has been persecuted for failure or refusal to undergo 
such a procedure or for other resistance to a coercive 
population control program, shall be deemed to have been 
persecuted on account of political opinion, and a person who 
has a well founded fear that he or she will be forced to 
undergo such a procedure or subject to persecution for such 
failure, refusal, or resistance shall be deemed to have a well 
founded fear of persecution on account of political opinion.
  (43) The term ``aggravated felony'' means--
          (A) murder, rape, or sexual abuse of a minor;
          (B) illicit trafficking in a controlled substance (as 
        defined in section 102 of the Controlled Substances 
        Act), including a drug trafficking crime (as defined in 
        section 924(c) of title 18, United States Code);
          (C) illicit trafficking in firearms or destructive 
        devices (as defined in section 921 of title 18, United 
        States Code) or in explosive materials (as defined in 
        section 841(c) of that title);
          (D) an offense described in section 1956 of title 18, 
        United States Code (relating to laundering of monetary 
        instruments) or section 1957 of that title (relating to 
        engaging in monetary transactions in property derived 
        from specific unlawful activity) if the amount of the 
        funds exceeded $10,000;
          (E) an offense described in--
                  (i) section 842 (h) or (i) of title 18, 
                United States Code, or section 844 (d), (e), 
                (f), (g), (h), or (i) of that title (relating 
                to explosive materials offenses);
                  (ii) section 922(g) (1), (2), (3), (4), or 
                (5), (j), (n), (o), (p), or (r) or 924 (b) or 
                (h) of title 18, United States Code (relating 
                to firearms offenses); or
                  (iii) section 5861 of the Internal Revenue 
                Code of 1986 (relating to firearms offenses);
          (F) a crime of violence (as defined in section 16 of 
        title 18, United States Code, but not including a 
        purely political offense) for which the term of 
        imprisonment at least one year;
          (G) a theft offense (including receipt of stolen 
        property) or burglary offense for which the term of 
        imprisonment imposed (regardless of any suspension of 
        such imprisonment) at least one year;
          (H) an offense described in section 875, 876, 877, or 
        1202 of title 18, United States Code (relating to the 
        demand for or receipt of ransom);
          (I) an offense described in section 2251, 2251A, or 
        2252 of title 18, United States Code (relating to child 
        pornography);
          (J) an offense described in section 1962 of title 18, 
        United States Code (relating to racketeer influenced 
        corrupt organizations), or an offense described in 
        section 1084 (if it is a second or subsequent offense) 
        or 1955 of that title (relating to gambling offenses), 
        for which a sentence of one year imprisonment or more 
        may be imposed;
          (K) an offense that--
                  (i) relates to the owning, controlling, 
                managing, or supervising of a prostitution 
                business;
                  (ii) is described in section 2421, 2422, or 
                2423 of title 18, United States Code (relating 
                to transportation for the purpose of 
                prostitution) if committed for commercial 
                advantage; or
                  (iii) is described in any of sections 1581-
                1585 or 1588-1591 of title 18, United States 
                Code (relating to peonage, slavery, involuntary 
                servitude, and trafficking in persons);
          (L) an offense described in--
                  (i) section 793 (relating to gathering or 
                transmitting national defense information), 798 
                (relating to disclosure of classified 
                information), 2153 (relating to sabotage) or 
                2381 or 2382 (relating to treason) of title 18, 
                United States Code;
                  (ii) section 601 of the National Security Act 
                of 1947 (50 U.S.C. 421) (relating to protecting 
                the identity of undercover intelligence 
                agents); or
                  (iii) section 601 of the National Security 
                Act of 1947 (relating to protecting the 
                identity of undercover agents);
          (M) an offense that--
                  (i) involves fraud or deceit in which the 
                loss to the victim or victims exceeds $10,000; 
                or
                  (ii) is described in section 7201 of the 
                Internal Revenue Code of 1986 (relating to tax 
                evasion) in which the revenue loss to the 
                Government exceeds $10,000;
          (N) an offense described in paragraph (1)(A) or (2) 
        of section 274(a) (relating to alien smuggling), except 
        in the case of a first offense for which the alien has 
        affirmatively shown that the alien committed the 
        offense for the purpose of assisting, abetting, or 
        aiding only the alien's spouse, child, or parent (and 
        no other individual) to violate a provision of this Act
          (O) an offense described in section 275(a) or 276 
        committed by an alien who was previously deported on 
        the basis of a conviction for an offense described in 
        another subparagraph of this paragraph;
          (P) an offense (i) which either is falsely making, 
        forging, counterfeiting, mutilating, or altering a 
        passport or instrument in violation of section 1543 of 
        title 18, United States Code, or is described in 
        section 1546(a) of such title (relating to document 
        fraud) and (ii) for which the term of imprisonment 
        imposed (regardless of any suspension of such 
        imprisonment) is at least 12 months, except in the case 
        of a first offense for which the alien has 
        affirmatively shown that the alien committed the 
        offense for the purpose of assisting, abetting, or 
        aiding only the alien's spouse, child, or parent (and 
        no other individual) to violate a provision of this 
        Act;
          (Q) an offense relating to a failure to appear by a 
        defendant for service of sentence if the underlying 
        offense is punishable by imprisonment for a term of 5 
        years or more;
          (R) an offense relating to commercial bribery, 
        counterfeiting, forgery, or trafficking in vehicles the 
        identification numbers of which have been altered for 
        which the term of imprisonment is at least one year;
          (S) an offense relating to obstruction of justice, 
        perjury or subornation of perjury, or bribery of a 
        witness, for which the term of imprisonment is at least 
        one year;
          (T) an offense relating to a failure to appear before 
        a court pursuant to a court order to answer to or 
        dispose of a charge of a felony for which a sentence of 
        2 years' imprisonment or more may be imposed; and
          (U) an attempt or conspiracy to commit an offense 
        described in this paragraph.
The term applies to an offense described in this paragraph 
whether in violation of Federal or State law and applies to 
such an offense in violation of the law of a foreign country 
for which the term of imprisonment was completed within the 
previous 15 years. Notwithstanding any other provision of law 
(including any effective date), the term applies regardless of 
whether the conviction was entered before, on, or after the 
date of enactment of this paragraph.
  (44)(A) The term ``managerial capacity'' means an assignment 
within an organization in which the employee primarily--
          (i) manages the organization, or a department, 
        subdivision, function, or component of the 
        organization;
          (ii) supervises and controls the work of other 
        supervisory, professional, or managerial employees, or 
        manages an essential function within the organization, 
        or a department or subdivision of the organization;
          (iii) if another employee or other employees are 
        directly supervised, has the authority to hire and fire 
        or recommend those as well as other personnel actions 
        (such as promotion and leave authorization) or, if no 
        other employee is directly supervised, functions at a 
        senior level within the organizational hierarchy or 
        with respect to the function managed; and
          (iv) exercises discretion over the day-to-day 
        operations of the activity or function for which the 
        employee has authority.
A first-line supervisor is not considered to be acting in a 
managerial capacity merely by virtue of the supervisor's 
supervisory duties unless the employees supervised are 
professional.
  (B) The term ``executive capacity'' means an assignment 
within an organization in which the employee primarily--
          (i) directs the management of the organization or a 
        major component or function of the organization;
          (ii) establishes the goals and policies of the 
        organization, component, or function;
          (iii) exercises wide latitude in discretionary 
        decision-making; and
          (iv) receives only general supervision or direction 
        from higher level executives, the board of directors, 
        or stockholders of the organization.
  (C) If staffing levels are used as a factor in determining 
whether an individual is acting in a managerial or executive 
capacity, the Attorney General shall take into account the 
reasonable needs of the organization, component, or function in 
light of the overall purpose and stage of development of the 
organization, component, or function. An individual shall not 
be considered to be acting in a managerial or executive 
capacity (as previously defined) merely on the basis of the 
number of employees that the individual supervises or has 
supervised or directs or has directed.
  (45) The term ``substantial'' means, for purposes of 
paragraph (15)(E) with reference to trade or capital, such an 
amount of trade or capital as is established by the Secretary 
of State, after consultation with appropriate agencies of 
Government.
  (46) The term ``extraordinary ability'' means, for purposes 
of section 101(a)(15)(O)(i), in the case of the arts, 
distinction.
  (47)(A) The term ``order of deportation'' means the order of 
the special inquiry officer, or other such administrative 
officer to whom the Attorney General has delegated the 
responsibility for determining whether an alien is deportable, 
concluding that the alien is deportable or ordering 
deportation.
  (B) The order described under subparagraph (A) shall become 
final upon the earlier of--
          (i) a determination by the Board of Immigration 
        Appeals affirming such order; or
          (ii) the expiration of the period in which the alien 
        is permitted to seek review of such order by the Board 
        of Immigration Appeals.
  (48)(A) The term ``conviction'' means, with respect to an 
alien, a formal judgment of guilt of the alien entered by a 
court or, if adjudication of guilt has been withheld, where--
          (i) a judge or jury has found the alien guilty or the 
        alien has entered a plea of guilty or nolo contendere 
        or has admitted sufficient facts to warrant a finding 
        of guilt, and
          (ii) the judge has ordered some form of punishment, 
        penalty, or restraint on the alien's liberty to be 
        imposed.
  (B) Any reference to a term of imprisonment or a sentence 
with respect to an offense is deemed to include the period of 
incarceration or confinement ordered by a court of law 
regardless of any suspension of the imposition or execution of 
that imprisonment or sentence in whole or in part.
  (49) The term ``stowaway'' means any alien who obtains 
transportation without the consent of the owner, charterer, 
master or person in command of any vessel or aircraft through 
concealment aboard such vessel or aircraft. A passenger who 
boards with a valid ticket is not to be considered a stowaway.
  (50) The term ``intended spouse'' means any alien who meets 
the criteria set forth in section 
204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB), or 
240A(b)(2)(A)(i)(III).
          (51) The term ``VAWA self-petitioner'' means an 
        alien, or a child of the alien, who qualifies for 
        relief under--
                  (A) clause (iii), (iv), or (vii) of section 
                204(a)(1)(A);
                  (B) clause (ii) or (iii) of section 
                204(a)(1)(B);
                  (C) section 216(c)(4)(C);
                  (D) the first section of Public Law 89-732 (8 
                U.S.C. 1255 note) (commonly known as the Cuban 
                Adjustment Act) as a child or spouse who has 
                been battered or subjected to extreme cruelty;
                  (E) section 902(d)(1)(B) of the Haitian 
                Refugee Immigration Fairness Act of 1998 (8 
                U.S.C. 1255 note);
                  (F) section 202(d)(1) of the Nicaraguan 
                Adjustment and Central American Relief Act; or
                  (G) section 309 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 
                (division C of Public Law 104-208).
  (52) The term ``accredited language training program'' means 
a language training program that is accredited by an 
accrediting agency recognized by the Secretary of Education.
  (b) As used in titles I and II--
  (1) The term ``child'' means an unmarried person under 
twenty-one years of age who is--
          (A) a child born in wedlock;
          (B) a stepchild, whether or not born out of wedlock, 
        provided the child had not reached the age of eighteen 
        years at the time the marriage creating the status of 
        stepchild occurred;
          (C) a child legitimated under the law of the child's 
        residence or domicile, or under the law of the father's 
        residence or domicile, whether in or outside the United 
        States, if such legitimation takes place before the 
        child reaches the age of eighteen years and the child 
        is in the legal custody of the legitimating parent or 
        parents at the time of such legitimation;
          (D) a child born out of wedlock, by, through whom, or 
        on whose behalf a status, privilege, or benefit is 
        sought by virtue of the relationship of the child to 
        its natural mother or to its natural father if the 
        father has or had a bona fide parent-child relationship 
        with the person;
          (E)(i) a child adopted while under the age of sixteen 
        years if the child has been in the legal custody of, 
        and has resided with, the adopting parent or parents 
        for at least two years or if the child has been 
        battered or subject to extreme cruelty by the adopting 
        parent or by a family member of the adopting parent 
        residing in the same household: Provided, That no 
        natural parent of any such adopted child shall 
        thereafter, by virtue of such parentage, be accorded 
        any right, privilege, or status under this Act; or
          (ii) subject to the same proviso as in clause (i), a 
        child who: (I) is a natural sibling of a child 
        described in clause (i) or subparagraph (F)(i); (II) 
        was adopted by the adoptive parent or parents of the 
        sibling described in such clause or subparagraph; and 
        (III) is otherwise described in clause (i), except that 
        the child was adopted while under the age of 18 years; 
        or
          (F)(i) a child, under the age of sixteen at the time 
        a petition is filed in his behalf to accord a 
        classification as an immediate relative under section 
        201(b), who is an orphan because of the death or 
        disappearance of, abandonment or desertion by, or 
        separation or loss from, both parents, or for whom the 
        sole or surviving parent is incapable of providing the 
        proper care and has in writing irrevocably released the 
        child for emigration and adoption; who has been adopted 
        abroad by a United States citizen and spouse jointly, 
        or by an unmarried United States citizen who is at 
        least 25 years of age, at least 1 of whom personally 
        saw and observed the child before or during the 
        adoption proceedings; or who is coming to the United 
        States for adoption by a United States citizen and 
        spouse jointly, or by an unmarried United States 
        citizen at least twenty-five years of age, who have or 
        has complied with the preadoption requirements, if any, 
        of the child's proposed residence: Provided, That the 
        Attorney General is satisfied that proper care will be 
        furnished the child if admitted to the United States: 
        Provided further, That no natural parent or prior 
        adoptive parent of any such child shall thereafter, by 
        virtue of such parentage, be accorded any right, 
        privilege, or status under this Act; or
          (ii) subject to the same provisos as in clause (i), a 
        child who: (I) is a natural sibling of a child 
        described in clause (i) or subparagraph (E)(i); (II) 
        has been adopted abroad, or is coming to the United 
        States for adoption, by the adoptive parent (or 
        prospective adoptive parent) or parents of the sibling 
        described in such clause or subparagraph; and (III) is 
        otherwise described in clause (i), except that the 
        child is under the age of 18 at the time a petition is 
        filed in his or her behalf to accord a classification 
        as an immediate relative under section 201(b).
          (G)(i) a child, younger than 16 years of age at the 
        time a petition is filed on the child's behalf to 
        accord a classification as an immediate relative under 
        section 201(b), who has been adopted in a foreign state 
        that is a party to the Convention on Protection of 
        Children and Co-operation in Respect of Intercountry 
        Adoption, done at The Hague on May 29, 1993, or who is 
        emigrating from such a foreign state to be adopted in 
        the United States by a United States citizen and spouse 
        jointly or by an unmarried United States citizen who is 
        at least 25 years of age, Provided, That--
                          (I) the Secretary of Homeland 
                        Security is satisfied that proper care 
                        will be furnished the child if admitted 
                        to the United States;
                          (II) the child's natural parents (or 
                        parent, in the case of a child who has 
                        one sole or surviving parent because of 
                        the death or disappearance of, 
                        abandonment or desertion by, the other 
                        parent), or other persons or 
                        institutions that retain legal custody 
                        of the child, have freely given their 
                        written irrevocable consent to the 
                        termination of their legal relationship 
                        with the child, and to the child's 
                        emigration and adoption;
                          (III) in the case of a child having 
                        two living natural parents, the natural 
                        parents are incapable of providing 
                        proper care for the child;
                          (IV) the Secretary of Homeland 
                        Security is satisfied that the purpose 
                        of the adoption is to form a bona fide 
                        parent-child relationship, and the 
                        parent-child relationship of the child 
                        and the natural parents has been 
                        terminated (and in carrying out both 
                        obligations under this subclause the 
                        Secretary of Homeland Security may 
                        consider whether there is a petition 
                        pending to confer immigrant status on 
                        one or both of such natural parents); 
                        and
                          (V) in the case of a child who has 
                        not been adopted--
                                  (aa) the competent authority 
                                of the foreign state has 
                                approved the child's emigration 
                                to the United States for the 
                                purpose of adoption by the 
                                prospective adoptive parent or 
                                parents; and
                                  (bb) the prospective adoptive 
                                parent or parents has or have 
                                complied with any pre-adoption 
                                requirements of the child's 
                                proposed residence; and
                  (ii) except that no natural parent or prior 
                adoptive parent of any such child shall 
                thereafter, by virtue of such parentage, be 
                accorded any right, privilege, or status under 
                this chapter; or
                  (iii) subject to the same provisos as in 
                clauses (i) and (ii), a child who--
                          (I) is a natural sibling of a child 
                        described in clause (i), subparagraph 
                        (E)(i), or subparagraph (F)(i);
                          (II) was adopted abroad, or is coming 
                        to the United States for adoption, by 
                        the adoptive parent (or prospective 
                        adoptive parent) or parents of the 
                        sibling described in clause (i), 
                        subparagraph (E)(i), or subparagraph 
                        (F)(i); and
                          (III) is otherwise described in 
                        clause (i), except that the child is 
                        younger than 18 years of age at the 
                        time a petition is filed on his or her 
                        behalf for classification as an 
                        immediate relative under section 
                        201(b).
  (2) The term ``parent'', ``father'', or ``mother'' means a 
parent, father, or mother only where the relationship exists by 
reason of any of the circumstances set forth in (1) above, 
except that, for purposes of paragraph (1)(F) (other than the 
second proviso therein) in the case of a child born out of 
wedlock described in paragraph (1)(D) (and not described in 
paragraph (1)(C)), the term ``parent'' does not include the 
natural father or the child if the father has disappeared or 
abandoned or deserted the child or if the father has in writing 
irrevocably released the child for emigration and adoption.
  (3) The term ``person'' means an individual or an 
organization.
  (4) The term ``immigration judge'' means an attorney whom the 
Attorney General appoints as an administrative judge within the 
Executive Office for Immigration Review, qualified to conduct 
specified classes of proceedings, including a hearing under 
section 240. An immigration judge shall be subject to such 
supervision and shall perform such duties as the Attorney 
General shall prescribe, but shall not be employed by the 
Immigration and Naturalization Service.
  (5) The term ``adjacent islands'' includes Saint Pierre, 
Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the 
Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, 
Trinidad, Martinique, and other British, French, and 
Netherlands territory or possessions in or bordering on the 
Caribbean Sea.
  (c) As used in title III--
  (1) The term ``child'' means an unmarried person under 
twenty-one years of age and includes a child legitimated under 
the law of the child's residence or domicile, or under the law 
of the father's residence or domicile, whether in the United 
States or elsewhere, and, except as otherwise provided in 
sections 320 and 321 of title III, a child adopted in the 
United States, if such legitimation or adoption takes place 
before the child reaches the age of 16 years (except to the 
extent that the child is described in subparagraph (E)(ii) or 
(F)(ii) of subsection (b)(1)), and the child is in the legal 
custody of the legitimating or adopting parent or parents at 
the time of such legitimation or adoption.
  (2) The terms ``parent'', ``father'', and ``mother'' include 
in the case of a posthumous child a deceased parent, father, 
and mother.
  (e) For the purpose of this Act--
  (1) The giving, loaning, or promising of support or of money 
or any other thing of value to be used for advocating any 
doctrine shall constitute the advocating of such doctrine; but 
nothing in this paragraph shall be construed as an exclusive 
definition of advocating.
  (2) The giving, loaning, or promising of support or of money 
or any other thing of value for any purpose to any organization 
shall be presumed to constitute affiliation therewith; but 
nothing in this paragraph shall be construed as an exclusive 
definition of affiliation.
  (3) Advocating the economic, international, and governmental 
doctrines of world communism means advocating the establishment 
of a totalitarian Communist dictatorship in any or all of the 
countries of the world through the medium of an internationally 
coordinated Communist movement.
  (f) For the purposes of this Act--
  No person shall be regarded as, or found to be, a person of 
good moral character who, during the period for which good 
moral character is required to be established, is, or was--
          (1) a habitual drunkard;
          (3) a member of one or more of the classes of 
        persons, whether inadmissible or not, described in 
        paragraphs (2)(D), (6)(E), and (10)(A) of section 
        212(a) of this Act; or subparagraphs (A) and (B) of 
        section 212(a)(2) and subparagraph (C) thereof of such 
        section (except as such paragraph relates to a single 
        offense of simple possession of 30 grams or less of 
        marihuana); if the offense described therein, for which 
        such person was convicted or of which he admits the 
        commission, was committed during such period;
          (4) one whose income is derived principally from 
        illegal gambling activities;
          (5) one who has been convicted of two or more 
        gambling offenses committed during such period;
          (6) one who has given false testimony for the purpose 
        of obtaining any benefits under this Act;
          (7) one who during such period has been confined, as 
        a result of conviction, to a penal institution for an 
        aggregate period of one hundred and eighty days or 
        more, regardless of whether the offense, or offenses, 
        for which he has been confined were committed within or 
        without such period;
          (8) one who at any time has been convicted of an 
        aggravated felony (as defined in subsection (a)(43)); 
        or
          (9) one who at any time has engaged in conduct 
        described in section 212(a)(3)(E) (relating to 
        assistance in Nazi persecution, participation in 
        genocide, or commission of acts of torture or 
        extrajudicial killings) or 212(a)(2)(G) (relating to 
        severe violations of religious freedom).
  The fact that any person is not within any of the foregoing 
classes shall not preclude a finding that for other reasons 
such person is or was not of good moral character. In the case 
of an alien who makes a false statement or claim of 
citizenship, or who registers to vote or votes in a Federal, 
State, or local election (including an initiative, recall, or 
referendum) in violation of a lawful restriction of such 
registration or voting to citizens, if each natural parent of 
the alien (or, in the case of an adopted alien, each adoptive 
parent of the alien) is or was a citizen (whether by birth or 
naturalization), the alien permanently resided in the United 
States prior to attaining the age of 16, and the alien 
reasonably believed at the time of such statement, claim, or 
violation that he or she was a citizen, no finding that the 
alien is, or was, not of good moral character may be made based 
on it.
  (g) For the purposes of this Act any alien ordered deported 
or removed (whether before or after the enactment of this Act) 
who has left the United States, shall be considered to have 
been deported or removed in pursuance of law, irrespective of 
the source from which the expenses of his transportation were 
defrayed or of the place to which he departed.
  (h) For purposes of section 212(a)(2)(E), the term ``serious 
criminal offense'' means--
          (1) any felony;
          (2) any crime of violence, as defined in section 16 
        of title 18 of the United States Code; or
          (3) any crime of reckless driving or of driving while 
        intoxicated or under the influence of alcohol or of 
        prohibited substances if such crime involves personal 
        injury to another.
  (i) With respect to each nonimmigrant alien described in 
subsection (a)(15)(T)(i)--
          (1) the Secretary of Homeland Security, the Attorney 
        General, and other Government officials, where 
        appropriate, shall provide the alien with a referral to 
        a nongovernmental organization that would advise the 
        alien regarding the alien's options while in the United 
        States and the resources available to the alien; and
          (2) the Secretary of Homeland Security shall, during 
        the period the alien is in lawful temporary resident 
        status under that subsection, grant the alien 
        authorization to engage in employment in the United 
        States and provide the alien with an ``employment 
        authorized'' endorsement or other appropriate work 
        permit.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    I strongly oppose H.R. 8393 as reported by the Committee on 
Natural Resources. H.R. 8393 is fraught with wide ranging 
process concerns and policy considerations that would impact 
the lives of more than 3 million American citizens on the 
island of Puerto Rico. The bill implicates the jurisdiction of 
several other House committees who have not yet been given the 
appropriate time to fully study the ramifications of the 
legislation.
    Introduced mere days before the House Natural Resources 
Committee's markup, H.R. 8393, the Puerto Rico Status Act, 
would authorize an unprecedented federally sponsored plebiscite 
that would allow the people of Puerto Rico to choose to become 
an independent nation, to be sovereign in free association with 
the United States, or to become a U.S. state. This vote would 
occur on November 5, 2023. Titles I through III of the bill 
establish the processes by which each of those status 
transitions would occur. If no one option receives a majority 
vote, this bill would authorize a runoff on March 3, 2024.
    Troublingly, this bill is self-executing, meaning that once 
a winning option has been declared through the plebiscite no 
further action from Congress is required. While this approach 
may be expedient for proponents of the legislation, it 
abdicates one of Congress' basic constitutional duties, ``to 
dispose of and make all needful Rules and Regulations 
respecting the Territory or other Property belonging to the 
United States.''
    The congressional committees of jurisdiction with the 
expertise to craft legislation affecting complex issues such as 
U.S. citizenship, taxation and entitlement programs, foreign 
policy, and other such complicated issues, have not yet had the 
opportunity to provide input on the many matters contemplated 
within the legislation.
    The question of Puerto Rico's political status is a life 
altering decision for the people of Puerto Rico. Just as we 
would expect the people of Puerto Rico to deliberate its 
questions, understand its consequences and accept 
responsibility for the choice, so should Congress. The issues 
raised by this legislation are far too important for this 
Committee to act without thorough debate and proper 
deliberation.
    H.R. 8393 contradicts itself, offering Puerto Rico the 
promise of independence while prescribing actions that should 
be taken by the newly sovereign nation. It promises the 
trappings of U.S. citizenship without the obligations or 
responsibilities of being a part of the United States. I 
believe it is unconscionable that the federal government would 
continue federal funding to a new nation that would not pay any 
taxes to the United States.
    If the Democrat Majority was serious about placing Puerto 
Rico on a stable footing into the future, this Committee would 
be advancing legislation to address the reliability of the 
island's energy grid, ensure its fiscal solvency, repair its 
infrastructure, or tackle any of the other tangible needs of 
the people of Puerto Rico.
    According to an independent investigative report, Puerto 
Rico was in crisis in 2017 with $70 billion in debt and $49 
billion in unfunded pension liabilities. By the end of 2021, 
the Financial Oversight Management Board (FOMB) assisted Puerto 
Rico with the largest municipal debt restructuring in the 
history of the United States. Currently, Puerto Rico is 
carrying $7 billion in restructured debt, and the Board is 
working to help Puerto Rico's electric power authority 
restructure $9 billion worth of debt.
    This legislation could stall or stop altogether the 
positive progress that has been made by the government of 
Puerto Rico and the FOMB. Any responsible legislation to change 
Puerto Rico's political status should be predicated on first 
getting the Island's fiscal house in order. Ensuring a stable 
financial footing for the government and institutions of Puerto 
Rico should be completed before any status change. Doing so 
will benefit all in Puerto Rico.
    It is unfortunate that action on this legislation has 
occurred less than one week after it was introduced instead of 
holding open, transparent hearings so that our members and the 
people of Puerto Rico can fully assess what this bill proposes 
and what it means for them and for future generations.
    Congress should give these U.S. citizens the respect of 
allowing a full, robust, and transparent process take place to 
address questions of the island's political status and its many 
implications not only for the people of Puerto Rico but also 
for all Americans. Pushing this legislation through Congress 
and ignoring established legislative processes is the wrong 
approach.

                                           Bruce Westerman,
                                                    Ranking Member.

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