Puerto Rico Democratic Self Determination Act
A BILL
To enable the people of the Commonwealth of Puerto Rico to determine the political status of the Commonwealth of Puerto Rico, and for other purposes.
Sec. 2 Findings
Congress finds the following:
The people of Puerto Rico are entitled to a status resolution process that is democratic, credible, inclusive, and capable of producing clear guidance to Congress.
A legitimate act of self-determination must allow voters to express their preference across the full range of status options with meaningful public support, including both continuation of the current relationship with the United States and alternatives to that relationship.
Congress has a responsibility to establish a fair and inclusive process that allows the people of Puerto Rico to express, in a clear and informed manner, whether they wish to continue their current relationship with the United States or pursue a different status, and, if a change is preferred, which option they choose.
Sec. 3 Definitions
In this Act:
United States-Puerto Rico Commonwealth Development Commission— The term United States-Puerto Rico Commonwealth Development Commission means the United States-Puerto Rico Commonwealth Development Commission established pursuant to section 201.
Elections commission— The term Elections Commission means the Puerto Rico State Elections Commission (Comisión Estatal de Elecciones de Puerto Rico, in Spanish).
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.
Initial plebiscite— The term initial plebiscite means the plebiscite required by section 4(a)(1).
Majority— The term majority means more than 50 percent.
Runoff plebiscite— The term runoff plebiscite means the plebiscite required by section 4(a)(4).
Sec. 4 Plebiscite
In general—
Initial plebiscite— A plebiscite to resolve Puerto Rico’s political status shall be held on March 14, 2027.
Options— The plebiscite held under paragraph (1) shall offer eligible voters a choice of 1 of the 4 options which shall be presented on the ballot as follows:
Independence.
Commonwealth (Estado Libre Asociado).
Statehood.
Sovereignty in Free Association with the United States.
Majority vote required— Approval of a status option must be by a majority of the valid votes cast.
Runoff plebiscite— If there is not a majority in favor of 1 of the 4 options defined in this Act, then a runoff plebiscite shall be held on May 16, 2027, which shall offer eligible voters a choice of the 2 options that received the most votes in the plebiscite held under paragraph (1).
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:
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.
Independence— If you agree, mark here ____.
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.
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.
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.
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.
The Constitution and laws of the United States no longer apply in Puerto Rico and United States sovereignty in Puerto Rico is ended.
Commonwealth (Estado Libre Asociado)— If you agree, mark here ___.
Puerto Rico is a self-governing Commonwealth of the United States. As a Commonwealth, Puerto Rico has a measure of autonomy comparable to that possessed by the States, and is governed in accordance with Public Law 600 of 1950, Public Law 447 of 1952, and a constitution ratified by the people of Puerto Rico.
Persons born in Puerto Rico are citizens of the United States, enjoy the protections of the United States Constitution, and are eligible for Federal programs, including Social Security, Medicare, Medicaid, and nutrition assistance. Federal law applies in Puerto Rico, and the Government of the United States exercises authority over matters of national interest similar to the States.
Puerto Rico exercises autonomy over fiscal and economic policy and is not subject to the uniformity clause of the United States Constitution. Residents of Puerto Rico generally do not pay Federal income tax on income earned within Puerto Rico, but pay Social Security, Medicare, Self-Employment, Unemployment, and customs and excise taxes.
Puerto Rico has a distinct cultural identity, history, and language, which the United States recognizes and affirms as an integral part of Puerto Rico’s character within American federalism. This distinct cultural identity manifests through participation in international events, including the Olympic Games, under its own name and flag.
The United States-Puerto Rico Commonwealth Development Commission shall be created to examine, propose, and negotiate reforms to the current Commonwealth relationship. Those reforms may include measures that strengthen self-government; preserve, protect and promote Puerto Rico’s distinct cultural identity; identify ways of participation in Federal decision-making affecting Puerto Rico; and strengthen participation in Federal programs. Any change proposed by the United States-Puerto Rico Commonwealth Development Commission must be approved by the people of Puerto Rico and Congress.
Statehood— If you agree, mark here ____.
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.
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.
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.
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.
Sovereignty in free association with the united states— If you agree, mark here ___.
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.
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.
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.
Birth in Puerto Rico shall cease to be a basis for United States nationality or citizenship. Individuals born in Puerto Rico to at least one parent who is a citizen of the United States 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.
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.
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.
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.
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.
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.
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—
the results of the initial plebiscite not later than 30 calendar days after the initial plebiscite is held; and
the results of the runoff plebiscite, if held, not later than 30 calendar days after the runoff plebiscite is held.
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. 5 Nonpartisan voter education campaign
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 the approval, in accordance with section 6, of the Attorney General.
Voter education materials— At a minimum, the voter education materials shall address for each option—
international representation;
citizenship and immigration; and
access and treatment under Federal law and programs.
Sec. 6 Oversight
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 Attorney General for review and the Elections Commission shall make not more than 1 submission of the ballot design and voter education materials to the Attorney General for review.
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.
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 4 options defined in this Act are represented fairly, especially in the event that any of the 4 options are not represented on the Elections Commission by a member of a political party that supports such option, and—
return the materials to the Elections Commission with comments and instructions for changes; or
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.
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.
Election observers— The Elections Commission shall invite national and international election observers to ensure transparency and confidence in the electoral process. Observers shall be present during the initial plebiscite vote and during the runoff plebiscite vote.
Sec. 7 Funds for voter education; plebiscites
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.
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. 8 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. 9 Puerto Rico Oversight, Management, and Economic Stability Act
Upon the admission of the State of Puerto Rico into the Union, on the date that the Government of the nation of Puerto Rico initially takes office, or 2 years after the certification that the Commonwealth option received the majority of votes cast—
the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2101 et seq.) shall no longer apply to the State of Puerto Rico, the Commonwealth of Puerto Rico, or the nation of Puerto Rico, as the case may be;
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, the Commonwealth of Puerto Rico, or the nation of Puerto Rico, as the case may be; and
all funds, property, and assets of the board described in paragraph (2) shall be transferred to the State of Puerto Rico, the Commonwealth of Puerto Rico, or the nation of Puerto Rico, as the case may be.
Sec. 10 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.