H.R. 9246 — Puerto Rico Democratic Self Determination Act

This section directs the Puerto Rico legislature to provide for the election of delegates to a constitutional convention not later than 6 months after certification of a plebiscite result in favor of independence. It requires the delegates to hold their initial meeting within 3 months after the election and applies existing Puerto Rico electoral laws to the process.

This section requires the constitutional Convention to draft a Constitution for Puerto Rico that guarantees due process and equal protection under the law, freedom of speech, press, assembly, association, and religion, the rights of the accused, any additional economic, social, and cultural rights the Convention deems necessary, and provisions ensuring no individual born in Puerto Rico is stateless at birth.

This section requires the constitution drafted by the constitutional convention to be submitted to eligible voters of Puerto Rico for ratification or rejection in a special election no later than 1 year after the convention's establishment. The election must be conducted in the manner prescribed by the Puerto Rico legislature.

This section requires the Governor of the Commonwealth of Puerto Rico to issue a proclamation within 30 days after ratification of the Constitution calling an election for required national officers, to be held no later than 6 months after ratification in accordance with the ratified Constitution. It mandates certification of results within 10 days and notification to the President, the President pro tempore of the Senate, the Speaker of the House, and the specified congressional committees, and repeats the plebiscite process if the Constitution is rejected.

This section requires the President to initiate a review of Federal law regarding Puerto Rico, covering taxation of persons and businesses, health care, housing, transportation, education, and entitlement programs, within 30 days after the initial meeting of a constitutional Convention. It further requires the President to submit recommendations to Congress for any appropriate changes within one year after initiating the review.

This section establishes a Joint Transition Commission, appointed in equal numbers by the President and the presiding officer of the Constitutional Convention of Puerto Rico no later than 3 months after the convention's establishment under section 101(d). The commission expedites the transfer of all federal functions exercised in or relating to Puerto Rico to the nation of Puerto Rico, recommends implementing legislation to Congress, and requires collaboration from the Commonwealth government and federal agencies.

This section directs the President to issue a proclamation within 30 days after certification of Puerto Rico’s elected officers that withdraws all United States rights of possession, supervision, jurisdiction, control, and sovereignty over Puerto Rico, recognizes the nation’s independence, and sets the effective date as the proclamation date. It requires the President to forward copies to designated Puerto Rican and congressional officials within one week and requires the presiding officer of Puerto Rico’s Constitutional Convention to set the new government’s inauguration date within one week after receiving the proclamation.

This section vests in the nation of Puerto Rico all property, rights, and interests the United States acquired over Puerto Rico under the Treaty of Paris of 1898 or by subsequent cession, purchase, or eminent domain, except those sold or otherwise disposed of before the proclamation of independence. It terminates the application of all United States laws in Puerto Rico upon that proclamation, except as provided in section 110.

This section requires the nation of Puerto Rico to recognize and give effect to all orders and judgments rendered by United States or territorial courts before the proclamation of independence. It continues all pending proceedings in Puerto Rican courts under the Constitution of the nation of Puerto Rico. Upon the proclamation of independence, it ends the extension of United States judicial power to Puerto Rico and transfers pending cases from the United States District Court for the District of Puerto Rico to corresponding Puerto Rican courts, with appeals in the First Circuit or Supreme Court continuing to final disposition unless the United States is a party.

This section establishes post-independence rules for citizenship and immigration between Puerto Rico and the United States. It subjects Puerto Rican citizens to US immigration laws, provides that individuals born in Puerto Rico after independence to a parent who acquired US citizenship under section 302 of the INA are not US citizens at birth, and grants nonimmigrant entry, residence, and work authorization in the United States for 25 years to persons acquiring Puerto Rican citizenship at birth or through naturalization after five years of residence. It removes Puerto Rico from the statutory definitions of “State” and “United States” in 8 U.S.C. 1101(a)(36) and (38).

This section preserves vested rights and benefits under US laws for Puerto Rico residents after independence, including veterans’ benefits, federal retirement, and Social Security, until fully extinguished, with services delivered through agreements with Puerto Rico. It transfers employee and employer Social Security contributions to Puerto Rico’s new system once established and ends US obligations under the Social Security Act for those residents. It converts all other federal transfer payments to annual block grants equal to the greater of current aggregate funding or the prior fiscal year’s amount for the first 10 years after independence, then reduces the grants by 10 percent each year beginning in year 11, subject to modification by agreement.

This section establishes the United States-Puerto Rico Commonwealth Development Commission if a plebiscite results in majority support for the Commonwealth-Estado Libre Asociado status option. The 12-member commission must propose reforms to that status within 2 years of its initial meeting and terminates after no more than 5 years.

This section provides that any reform or new compact agreement proposed by the United States-Puerto Rico Commonwealth Development Commission takes effect only after approval by eligible voters in a special election held not later than 180 days after the Commission releases the proposal, in accordance with procedures set by the Legislative Assembly, and by the Federal Government under applicable Federal law and the Constitution.

This section directs the President to issue a proclamation admitting Puerto Rico as the State of Puerto Rico within one year after a plebiscite majority vote for statehood. Upon the proclaimed date, Puerto Rico enters the Union on equal footing with other states and remains unincorporated until then. The President must transmit the proclamation to the Governor and legislature of Puerto Rico, the President pro tempore of the Senate, the Speaker of the House, and the Senate and House committees on natural resources.

This section directs the President to initiate a review of Federal law with respect to Puerto Rico, covering taxation of persons and businesses, health care, housing, transportation, education, and entitlement programs, within 30 days after certification of a plebiscite result in favor of statehood. It further requires the President to submit any resulting recommendations for changes to Congress within one year.

This section establishes the territory of the State of Puerto Rico as all islands, reefs, seafloor, submerged lands, and territorial waters currently under the jurisdiction of the Commonwealth of Puerto Rico.

This section accepts, ratifies, and confirms the Constitution of the Commonwealth of Puerto Rico as the Constitution of the State of Puerto Rico. It requires that any future constitution of the State of Puerto Rico remain republican in form and consistent with the US Constitution and the principles of the Declaration of Independence.

This section directs the Governor of Puerto Rico to issue a declaration within one month after the admission proclamation setting dates and requirements for primary and general elections for two U.S. Senators and Representatives. It terminates the office of Resident Commissioner upon the swearing in of Puerto Rico’s first Representative. It entitles the state to two Senators, separately designated in the first election, and to the same number of Representatives as the state whose most recent census population was closest to but less than Puerto Rico’s, with such increase remaining temporary until the next reapportionment. It requires the Elections Commission to certify results to the Governor, who must transmit them within 10 days to the President, President pro tempore of the Senate, and Speaker of the House. It grants the U.S. District Court for the District of Puerto Rico original and exclusive jurisdiction over related election disputes.

This section retains for the State of Puerto Rico title to all real and personal property held by the Commonwealth and its political subdivisions on the date of admission into the Union. It preserves federal ownership of lands set aside for United States use by Act of Congress, executive order, or proclamation, and grants Puerto Rico exclusive rights to explore and exploit seabed and mineral resources within 3 marine leagues (9 nautical miles) of its shore, with all other continental shelf sovereignty rights belonging to the United States.

This section preserves all territorial laws in force in Puerto Rico on the date of the statehood proclamation, unless inconsistent with the Act or the state constitution, until amended by the state, and applies all federal laws equally within the state. It retains individuals holding legislative, executive, and judicial offices to continue their duties under the state government. It maintains all contracts, obligations, liabilities, debts, and claims of the Commonwealth as those of the state. It terminates federal reservations on the free use of property conveyed to the state or its subdivisions.

This section preserves the continuity of judicial proceedings upon the admission of Puerto Rico as a State. It provides that pending writs, actions, indictments, causes, or proceedings continue without abatement in the appropriate State courts or the United States District Court for the District of Puerto Rico; that civil causes of action and criminal offenses arising before admission but not yet pending are prosecuted in those courts under the same procedural and substantive laws with unchanged rights of appellate review; and that parties retain identical rights of appeal and judicial review in cases decided or pending before admission, with the United States Court of Appeals for the First Circuit and the Supreme Court of the United States exercising the same jurisdiction.

This section requires the legislature of Puerto Rico to provide for the election of delegates to a constitutional convention not later than 6 months after certification of a plebiscite result favoring sovereignty in free association with the United States. It directs the elected delegates to hold an initial meeting within 3 months of their election to establish the convention.

This section requires the constitutional Convention to draft a Constitution for Puerto Rico that guarantees due process and equal protection; freedoms of speech, press, assembly, association, and religion; rights of the accused; other economic, social, and cultural rights as the Convention deems necessary; and provisions ensuring no individual born in Puerto Rico is stateless at birth.

This section requires submission of the constitution drafted by the constitutional Convention to eligible voters of Puerto Rico for ratification or rejection in a special election no later than 2 years after the convention's establishment. The election must be conducted in the manner prescribed by the legislature of Puerto Rico.

This section directs the Governor of the Commonwealth of Puerto Rico to issue a proclamation within one month after ratification of a new Constitution calling an election for required national officers. The election must be held within six months of ratification under procedures in the ratified Constitution, with results certified by the Elections Commission within 10 days and transmitted to the President, the President pro tempore of the Senate, the Speaker of the House, and the specified congressional committees. If the Constitution is rejected, the process in sections 401 through 403 restarts with substituted terms.

This section requires the President to issue a proclamation within one month after certification of Puerto Rico’s elected officers that withdraws all US rights of possession, supervision, jurisdiction, control, or sovereignty over Puerto Rico, recognizes the island’s international sovereignty through free association, and sets the effective date as the proclamation date. It directs the President to forward copies to the presiding officer of Puerto Rico’s Constitutional Convention, the elected head of state, and specified congressional leaders, and requires that officer to set the date the new government takes office within one week of receiving the proclamation.

This section vests in the nation of Puerto Rico all property, rights, and interests the United States acquired over Puerto Rico under the Treaty of Paris of 1898 or by subsequent cession, purchase, or eminent domain, except those already sold or otherwise disposed of. It also terminates the application of all United States laws to Puerto Rico upon the proclamation of international sovereignty through free association, except as provided in section 409.

This section requires the nation of Puerto Rico to recognize and give effect to all orders and judgments rendered by United States or territorial courts before the proclamation of international sovereignty through free association. It continues all pending proceedings in Puerto Rican courts under the Constitution of the nation of Puerto Rico. It ends the extension of United States judicial power to Puerto Rico, transfers pending cases from the United States District Court for the District of Puerto Rico to corresponding Puerto Rican courts, and requires final disposition of appeals in United States courts when the United States is not a party.

This section provides that after the proclamation of international sovereignty through free association, citizenship status for individuals born in Puerto Rico is determined under Puerto Rican law, and Puerto Rican citizens seeking to enter the United States or obtain United States citizenship are subject to United States immigration laws. It preserves United States citizenship at birth for individuals born in Puerto Rico during the transition period if otherwise eligible under section 301 of the Immigration and Nationality Act, authorizes certain Puerto Rican citizens to enter, work, and reside in the United States as nonimmigrants without regard to paragraphs (5)(A) and (7) of section 212(a), and removes Puerto Rico from the definitions of "State" and "United States" in section 101(a)(36) and (38) of that Act.

This section directs the President to initiate a review of Federal laws applicable to Puerto Rico, covering taxation of persons and businesses, health care, housing, transportation, education, and entitlement programs, within 30 days after the initial meeting of a constitutional convention. It further requires the President to submit recommendations to Congress for any appropriate changes within one year after starting the review.

This section establishes a Bilateral Negotiating Commission if a plebiscite approves sovereignty in free association with the United States. The commission consists of 5 members elected by the constitutional Convention and 5 designated by the President (one nominated for Ambassador rank), must begin meetings within 3 months, and must complete Articles of Free Association within 2 years covering foreign affairs, trade, defense, immigration, and the orderly transfer of federal functions to Puerto Rico.

This section provides that the Articles of Free Association between the United States and Puerto Rico take effect upon mutual agreement after a ratification vote by eligible voters in the special election under section 403 and approval by the United States government through its constitutional processes. If voters reject the Articles, the approval process repeats.

This section preserves all vested rights and benefits under US laws for Puerto Rico residents, including veterans’ benefits, federal retirement, and Social Security old-age, disability, and survivors’ insurance, after the proclamation of international sovereignty through free association. It transfers employee and employer Social Security contributions to Puerto Rico’s new system once established and ends US obligations under the Social Security Act. It converts all other federal transfer payments to annual block grants equal to the greater of current aggregate funding or the prior fiscal year’s amount for the first 10 years, then reduced by 10 percent each year beginning in year 11, subject to modification by agreement.