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Code · BILL · 118th Congress · S. 2944 (Introduced in Senate) — To enable the people of the Commonwealth of Puerto Rico to determine the political status of the Commonwealth of Puer... · Sec. 101

Sec. 101. Initial plebiscite; runoff plebiscite

1,728 words·~8 min read·/bill/118/s/2944/is/section-101·

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A plebiscite to resolve the political status of the Commonwealth of Puerto Rico shall be held on August 4, 2024. The initial plebiscite shall offer eligible voters a choice of 1 of the following 4 options on the ballot: Independence. Sovereignty in Free Association with the United States. Statehood. Commonwealth. Approval of a status option shall be by a majority of the valid votes cast by eligible voters. If there is not a majority vote in favor of 1 of the status options in the initial plebiscite, a runoff plebiscite shall be held on March 16, 2025, which shall offer eligible voters a choice on the ballot of the 2 status options that received the most votes in the initial plebiscite.
A ballot for a plebiscite required by subsection
(a)shall include the following language: 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. 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. 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 United States law. Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code of 1986 (or any successor code). United States citizens and United States businesses in 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 located abroad) and to Puerto Rican tax laws. The status of Puerto Rico 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. 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. 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 United States law. Birth in Puerto Rico shall cease to be a basis for United States nationality or citizenship, except that children born in Puerto Rico to parents, both of whom are United States citizens, shall be eligible to acquire United States citizenship. The application process for United States citizenship for such children shall be similar to the process for descendants of citizens born in a foreign country, since the children would be born outside the jurisdiction of the United States, despite being children of United States citizens. 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 the United States and Puerto Rico under the Articles of Free Association, 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 of 1986 (or any successor code). United States citizens and United States businesses in 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 located abroad) and to Puerto Rican tax laws. The status of Puerto Rico as an independent, sovereign nation will be the controlling factor in the taxation of Puerto Rican taxpayers. Puerto Rico will enter into an agreement with the United States to provide for Sovereignty in Free Association that may modify the otherwise-applicable tax rules, subject to negotiation and ratification by Puerto Rico and the United States. The Constitution and 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, security, defense, dispute resolution, and termination, shall be provided for in the Articles of Free Association. If you agree, mark here _________. The State of Puerto Rico shall request admission into the Union of the United States on an equal footing with the other States in all respects and as a part of the permanent Union of the United States, subject to the Constitution of the United States, with powers not prohibited by the Constitution of the United States to the States reserved to the State of Puerto Rico. The residents of Puerto Rico shall, on admission, be fully self-governing with the rights of the residents secured under the Constitution of the United States, 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 of the United States. United States citizenship of individuals born in Puerto Rico is recognized, protected, and secured under the Constitution of the United States in the same way citizenship is recognized, protected, and secured for all United States citizens born in the other States. Such rights shall be accompanied by the same responsibilities, including the immediate initiation of full payment of Federal taxes in the same manner as residents of the other States. In the event that Puerto Rico becomes a State of the United States, the provisions of chapter 2205 of title 36, United States Code, relating to the exclusive existence of a single United States Olympic Committee shall apply to Puerto Rico. On admission, Puerto Rico will no longer be considered to be a possession of the United States for purposes of the Internal Revenue Code of 1986 (or any successor code). In lieu of such consideration as a possession, the State of Puerto Rico will become a State on equal footing with each of the 50 States in the United States. Individuals and businesses residing in the State of Puerto Rico will be subject to United States Federal tax laws and to tax laws of the State of Puerto Rico. If you agree, mark here _________. A vote for Commonwealth-Estado Libre Asociado shall be a mandate to empowerment of the Commonwealth of Puerto Rico in accordance with the principles and parameters described in subparagraphs
(B)through (E). The Commonwealth of Puerto Rico shall be united to the United States by a formal compact of political autonomy. The compact shall have the character of a permanent relationship and shall establish, as public policy of the United States, that any modification to the relationship shall be approved by the people of Puerto Rico by referendum. United States citizenship of individuals born in the Commonwealth of Puerto Rico shall be guaranteed and protected as provided in the United States Constitution. The application, protections, and rights associated with citizenship shall be equal to the protections and rights of citizens born in the States of the United States of America. Federal laws and programs shall apply to the Commonwealth of Puerto Rico in accordance with the provisions of the autonomous compact. However, if the government of Puerto Rico determines that the enactment of a Federal law or a specific provision of a statute or regulation of the United States modifies or affects the powers granted to the people of Puerto Rico with respect to self-government, fiscal autonomy, or cultural identity, the government of Puerto Rico may request an exemption from the application of the statute or regulation. The compact shall include an expedited mediation mechanism to address such claims. The compact shall replace the corresponding provisions of the Act of July 3, 1950 (commonly known as the Puerto Rico Federal Relations Act of 1950 ) (64 Stat. 319, chapter 446), regarding the application of certain Federal laws that, due to the scope of the Federal laws, could unilaterally modify the nature of the political autonomy relationship. . The plebiscites authorized by this section shall be implemented by the Elections Commission, consistent with— the laws of Puerto Rico; and applicable Federal law. The Elections Commission shall submit to the President, the President pro tempore of the Senate, the Speaker of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives— not later than 30 calendar days after the date on which the initial plebiscite is held, the results of the initial plebiscite; and not later than 30 calendar days after the date on which a runoff plebiscite is held, if applicable, the results of the runoff plebiscite. The United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction over any civil action alleging a dispute or controversy relating to a plebiscite conducted under this section.
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  • 64 Stat. 319
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Sec. 101
Initial plebiscite; runoff plebiscite
Stat.64 Stat. 319
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