TERRITORY OF PUERTO RICO AS A STATE OF THE FEDERAL UNION OF THE UNITED STATES OF AMERICA

ENABLING ADMISSION ACT FOR ADMITTING THE                        

    TERRITORY OF PUERTO RICO AS A STATE OF THE               

 FEDERAL UNION OF THE UNITED STATES OF AMERICA

              (BASED ON THE HAWAII ADMISSION PROCESS)

    Admission of Puerto Rico as a State of the Union

      Puerto Rico Statehood Enabling Admission Act

To Enable Federal Legislation to Finalize the Process                   for the Admission of the Territory of Puerto Rico as a

State of the Union in Equal Footing with the Other

States of the United States of America

H. R. PL 113-XXXX

Public Law 2013-XXXX, February 25, 2013, XX Stat. XX

Be it Enacted by the Senate and the House                                        

of Representatives of the United States of America

in  Congress Assembled

Sec. 1. Declaration: acceptance, ratification and confirmation of Constitution.

That, subject to the provisions of this Act, and upon issuance of the Proclamation required by section 6(c) of this Act, the present US Territory of Puerto Rico is hereby  declared admitted into the Union on an equal footing with the other States in all respects whatever, and is hereby so declared to be a State of the United States of America, and the Constitution formed pursuant to the provisions of P L 81-600 of July 3, 1950 and the Act of the Puerto Rico  Legislative Assembly entitled “An Act to provide for a referendum to approve P L 81-600 and to call for a constitutional convention, elected on August 27, 1951, for the creation and adoption of a constitution and the forwarding of the same to the White House and the Congress of the United States after being approved by the people of Puerto Rico, and appropriating money therefor”, approved June 4, 1951 (Act  xxx, Laws of Puerto Rico (1951), and finally adopted by a vote of the People of Puerto Rico in a referendum held March 3, 1952, approved by Congress on July 3, 1952 (PL 82-447) and finally ratified by the People of Puerto Rico in a referendum held on November 4, 1952, is hereby found to be republican in form and in conformity with the Constitution of the United States, including a Bill of Rights, and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed, subject to certain cosmetic revisions to adapt and conform it to the State of Puerto Rico and certain amendments to incorporate the provisions under sections 2 and 4 of this Act. For these purposes, the State of Puerto Rico will call for a Constitutional Convention which will present the amended constitution for ratification to the qualified electors in a referendum to be held together with the Referendum to be held for the final approval of this Admission Process not later than July 25, 2013. The Preamble to the present Constitution of Puerto Rico reads as follows:

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

“We,  the  People  of  Puerto Rico, in order to organize ourselves politically on a fully democratic basis, to promote the general welfare, and to secure for ourselves and our posterity the complete enjoyment of human rights, placing our trust in Almighty God, do ordain and establish this Constitution for the Commonwealth which, in the exercise of our natural rights, we now create within our union with the United States of America.

In so doing, we declare:

That  the  democratic  system  is fundamental  to  the  life  of  the Puerto Rican community;

That we understand for a democratic system of government one in which the will of  the people is the source of public power, where the political order is subordinate to the rights of man and where  the free participation of the citizen in the collective decisions is assured;

That we consider as determining factors in our life, our citizenship of the United States of America and our aspiration to continually enrich our democratic heritage in the individual and collective enjoyment of its rights and privileges; our loyalty to the principles of the Federal Constitution; the coexistence in Puerto Rico of the two great cultures of the American Hemisphere;  our fervor for  education; our faith in  justice;  our devotion to the courageous, industrious, and peaceful way of life; our fidelity  to the individual human values above and beyond social positions, racial differences and economic interests; and our hope for a better world based on these principles.”

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

For reasons not pertinent at this time, the actions of both parts for completing the process was and have been delayed for some 60 years and the People of Puerto Rico chose to reactivate and reconfirm the 1952 commitment. Congress recognizes that there are some people in the Territory that may prefer to remain as a Territory and others who would prefer to separate into an independent republic, with or without, a Treaty of Cooperation with the United States of America. In a Plebiscite carried out on November 6, 2012, to decide on these matters and choose among non-territorial and non-colonial feasible Alternatives under US Constitutional Law and International Principles, a substantial majority of the qualified electors voted for terminating the Territory relationship and elected to finalize the process for final Statehood.

Sec. 2. Geographical Description of Territory.

The State of Puerto Rico shall consist of the main island of Puerto Rico and the adjacent islands within its jurisdiction, together with their appurtenant reefs and territorial waters, included as part of the Commonwealth of Puerto Rico on the date of enactment of this Act (February 25, 2013), located in the Caribbean area and constituting the Smaller of the Greater West Indies, including the offshore islands of Vieques, Culebra, Mona, Desecheo, Calaminoand other small land spots belonging to and within the jurisdiction of Puerto Rico, together with their appurtenant reefs and territorial waters.

Sec. 3. Constitution.

The Constitution of the State of Puerto Rico shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

Sec. 4. Title to property; land grants; reservation of lands; public school support; submerged lands.

(a)  Except as provided in subsection (c) of this section, the State of Puerto Rico  and its political subdivisions, as the case may be, shall succeed to the title of the Commonwealth of Puerto Rico and its subdivisions in those lands and other properties in which the Commonwealth and its subdivisions now hold title.

(b)  Except as provided in subsection (c) and (d) of this section, the United States grants to the State of Puerto Rico, effective upon its admission into theUnion, the United States’ title to all the public lands and other public property, within the boundaries of the State of Puerto Rico, title to which is held by the United States immediately prior to its admission into the Union. The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Puerto Rico.

(c)  Any lands and other properties that, on the date Puerto Rico is admitted 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 Puerto Rico, shall remain the property of the United States subject only to the limitations, if any, imposed under (1), (2), (3), or (4) herein, as the case may be.

(d) Any public lands or other public property that is conveyed to the State of Puerto Rico by subsection (b) of this section but that, immediately prior to the admission of said State into the Union, is controlled by the United States pursuant to permit, license, or permission, written or verbal, from the Commonwealth of Puerto Rico or any department thereof may, at any time during the five years following the admission of Puerto Rico into the Union, be set aside by Act of Congress or by Executive Order of the President, made pursuant to law, for the use of the United States, and the lands or property so set aside shall, subject only to valid rights then existing, be the property of the United States.

(e) Within five years from the date Puerto Rico is admitted into the Union, each Federal agency having control over any land or property that is retained by the United States pursuant to subsections (c) and (d) of this section shall report to the President the facts regarding its continued need for such land or property, and if the President determines that any of such land or property is no longer needed by the United States, it shall be conveyed to the State of Puerto Rico.

(f) The lands granted to the State of Puerto Rico by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), together with the proceeds from the sale or other disposition of any such lands and the income therefrom, shall be held by said State as a ‘public trust’ for the support of the public schools and other public educational institutions, for the making of public improvements and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a ‘breach of trust’ for which suit may be brought by the United States. The schools and other educational institutions supported, in whole or in part, out of such ‘public trust’ shall forever remain under the exclusive control of said State; and no part of the proceeds or income from the lands granted under this Act shall be used for the support of any sectarian or denominational school, college, or university.

(g)  As used in this Act, the term ‘lands and other properties’ includes public lands and other public property, and the term ‘public lands and other public property’ means, and is limited to, the lands and properties that were ceded to the United States by the Crown of Spain under the Treaty of Paris approved and signed December 10, 1898 and ratified by Congress April 11, 1899,  or that have been acquired in exchange for lands or properties so ceded.

(h)  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 subsections (a), (b), or (e) of this section or reserving the right to alter, amend, or repeal laws relating thereto shall cease to be effective upon the admission of the State of Puerto Rico into the Union.

(i) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29) and the Outer Continental Shelf Lands Act of 1953 (Public  Law 212, Eighty-third Congress, first session, 67 Stat. 462) shall be applicable to the State of Puerto Rico and the said State shall have the same rights as do existing States thereunder. (As amended Pub. L. 86-624, Sec 41, July 12, 1960, 74 Stat. 422.)

Sec. 5. Certification by President ; proclamation for elections.

As soon as possible after the enactment of this Act, it shall be the duty of the President of the United States to certify such enactment to the Governor and the Legislative Assembly of the Commonwealth of Puerto Rico. Thereupon the Governor and the Legislative Assembly of the Commonwealth shall, within thirty (30) days after receipt of the official notification of such approval, issue their joint proclamation for the elections, as hereinafter provided, for officers of all State elective offices provided for by the constitution of the proposed State of Puerto Rico, and for two Senators and five Representatives in Congress. In the first election of Senators from said State, the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No identification or designation of either of the two senatorial offices, however, shall refer to or be taken to refer to the term of that office, nor shall any such identification or designation in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned.

Sec. 6. Election of officers; date; propositions; certification of voting results; proclamation by President.

(a) The joint proclamation of the Governor and the Legislative Assembly of Puerto Rico required by section 5 of this Act shall provide for the holding of a special general election and at such election, the officers required to be elected as provided in section 5 shall be chosen by the people. Such election shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Puerto Rico for the election of members of the proposed State Legislature. The returns thereof shall be made and certified by the State Election Commission in such manner as the constitution of the proposed State of Puerto Rico may prescribe. The Governor and the Legislative Assembly of Puerto Rico shall certify the results of said election, as so ascertained, to the President of the United States.

(b) At an election designated by a joint proclamation of the Governor and the Legislative Assembly of Puerto Rico, which may be either the special general election held pursuant to subsection (a) of this section or another special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, the following propositions:

“(1)  Shall Puerto Rico immediately be admitted into the Union as a State?

“(2) The boundaries of the State of Puerto Rico shall be as    prescribed in section 2 of the Act of Congress approved February 25, 2013, and all claims of this State to any areas of land or sea outside the boundaries so prescribed, if any, are hereby irrevocably relinquished to the United States.

“(3) All provisions of the Act of Congress approved February 25, 2013, reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Puerto Rico under section 4 of this Act, are consented to fully by said State and its people.”

In the event the foregoing propositions are adopted at said election by a majority of the legal votes cast on said State of Puerto Rico, ratified by the people at the election held under the authority of Section 6 (b) of this Act, the present constitution adopted in a referendum held on March 3, 1952 and further ratified by the people in a final referendum on November 4, 1952, shall be deemed amended and revised to (i) include the necessary general revisions to adapt and conform it to the new Status; (ii) include the language contained under section 2 of this Act and in Section 3 of Article I of said constitution in lieu of any other language; (iii) include the language contained under section 4 of this Act; (iv) include  the third proposition above stated in lieu of any other language; (v) insert the words “at which officers for all state elective offices provided for by this constitution and two Senators and five (5) Representatives in Congress shall be nominated and elected” in lieu of any other language; (vi) provide that the officers so to be elected shall, in any event, include two Senators and five Representatives to the Congress; and (vii) provide that, unless and until otherwise required by law, said Representatives shall be elected at  large.

In the event the foregoing propositions are not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall cease to be effective.

The Governor and the Legislative Assembly of Puerto Rico are hereby authorized and directed to take such actions as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of State of Puerto Rico who shall certify the results of the submission to the Governor and the Legislative Assembly of Puerto Rico who shall certify the results of said submission, as so ascertained, to the President of the United States.

(c) If the President shall find that the propositions set forth in the preceding subsection (b) have been duly adopted by the People of Puerto Rico, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 5 of this Act, shall thereupon issue hisProclamation announcing the results of said election as so ascertained. Upon the issuance of said Proclamation by the President, the State of Puerto Ricoshall be deemed admitted into the Union as provided in section 1 of this Act.

Until the said State is so admitted into the Union, the persons holding legislative, executive, and judicial office in, under, or by authority of the government of said Commonwealth, and the Delegate in Congress thereof, shall continue to discharge the duties of their respective offices. Upon the issuance of saidProclamation by the President of the United States and the admission of the State of Puerto Rico into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in, under, or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representatives in the manner required by law, and the said Senators and Representatives shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.

Sec. 7. House of Representatives membership.

The State of Puerto Rico upon its admission into the Union shall be entitled to five Representatives until the taking effect of the next reapportionment, and such Representatives shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary 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; 2 U.S.C., sec. 2a), for the Eighty-third Congress and each Congress thereafter, unless such laws hereby referred to are subsequently amended or changed.

Sec. 8. Judiciary provisions; amendment.

Effective upon the admission of the State of Puerto Rico into the Union :

(a) the United States District Court for the District of Puerto Rico established by and existing under title 28 of the United States Code shall thenceforth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States: Provided, however, That the terms of office of the district judges for the district of Puerto Rico then in office shall terminate upon the effective date of this section and the President, pursuant to sections 133 and 134 of title 28, United States Code, as amended by this Act, shall reappoint all such district judges, as previously adviced and consented to by the Senate, for the said district who shall hold office during good behavior;

(b) the last paragraph of section 133 of title 28, United States Code, is repealed; and

(c) subsection (a) of section 134 of title 28, United States Code, is amended by striking out the words ‘Puerto Rico and’. The second sentence of the same section is amended by striking out the words ‘Puerto Rico and’, ‘six and’, and ‘respectively’.

Sec. 9. Judicial provisions; amendment.

Effective upon the admission of the State of Puerto Rico  into the Union the second paragraph of section 451 of title 28, United States Code, is amended by striking out the words “including the United States District Court for the District of Puerto Rico”’.

Sec. 10. Judicial provisions; amendment.

Effective upon the admission of the State of Puerto Rico  into the Union:

(a) the last paragraph of section 501 of title 28, United States Code, is repealed;

(b) the first sentence of subsection (a) of section 504 of title 28, United States Code, is amended by striking out at the end thereof the words, ‘except in the district of Puerto Rico, where the term shall be six years’;

(c) the first sentence of subsection (c) of section 541 of title 28, United States Code, is amended by striking out at the end thereof the words, ‘except in the district of Puerto Rico where the term shall be six years’; and

(d) subsection (d) of section 541 of title 28, United States Code, is repealed.

Sec. 11. Continuation of suits.

No writ, action, indictment, cause, or proceeding pending in any court of the Commonwealth of Puerto Rico or in the United States District Court for theDistrict of Puerto Rico  shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Puerto Rico, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, indictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law.

All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said 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 said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such 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.

Sec. 12. Appeals.

Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Puerto Rico or the Supreme Court of the Territory of Puerto Rico  in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the First Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Puerto Rico or a court of the State, as may be 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 the State of Puerto Rico as successor to the Supreme Court of the Territory of Puerto Rico , in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the First Circuit 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 said State into the Union.

Sec. 13. Judicial and criminal provisions; amendment.

Effective upon the admission of the State of Puerto Rico  into the Union :

(a) title 28, United States Code, section 1252, is amended by striking out ‘Puerto Rico and’ from the clause relating to courts of record;

(b) title 28, United States Code, section 1293, is amended by striking out the words ‘First Circuit’  and by striking out the words, ‘supreme court of Puerto Rico’;

(c) title 28, United States Code, section 1294, as amended, is further amended by striking out paragraph (5) thereof and by renumbering paragraph (6) accordingly;

(d) the first paragraph of section 373 of title 28, United States Code, as amended, is further amended by striking out the words ‘United States District Court for the District of  Puerto Rico’; and by striking out the words ‘and any justice of the Supreme Court of the Territory of Puerto Rico’: Provided, That the amendments made by this subsection shall not affect the rights of any judge or justice who may have retired before the effective date of this subsection: And provided further, That service as a judge of the District Court for the Territory of Puerto Rico or as a judge of the United States District Court for the District of Puerto Rico or as a justice of the Supreme Court of the Territory of Puerto Rico or as a judge of the circuit courts of the Territory of Puerto Rico shall be included in computing under section 371, 372, or 373 of title 28, United States Code, the aggregate years of judicial service of any person who is in office as a district judge for the District of Puerto Rico  on the date of enactment of this Act;

(e) section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words ‘Supreme Courts of Puerto Rico’;

(f) section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words ‘Supreme Courts of Puerto Rico’.

Sec. 14. Laws in effect .

All Territorial laws in force in the Territory of Puerto Rico at the time of its admission into the Union shall continue in force in the State of Puerto Rico, except as modified or changed by this Act or by the constitution of the State, and shall be subject to repeal or amendment by the Legislature of the State of Puerto Rico, and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States: Provided, That, except as herein otherwise provided, a Territorial law enacted by the Congress shall be terminated two years after the date of admission of the State of Puerto Rico into the Union or upon the effective date of any law enacted by the State of Puerto Rico  which amends or repeals it, whichever may occur first. As used in this section, the term ‘Territorial laws’ includes (in addition to laws enacted by the Territorial Legislature of Puerto Rico) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Puerto Rico prior to its admission into the Union, and the term ‘laws of the United States’ includes all laws or parts thereof enacted by the Congress that (1) apply to or within Puerto Rico at the time of its admission into the Union, (2) are not ‘Territorial laws’ as defined in this paragraph, and (3) are not in conflict with any other provision of this Act.

Sec. 15. Puerto Rico National Parks; military and naval lands; civil and criminal jurisdiction.

(a) Notwithstanding the admission of the State of Puerto Rico into the Union, the United States shall continue to have sole and exclusive jurisdiction over the area which may then or thereafter be included in Puerto Rico National Parks, saving, however, to the State of Puerto Rico the same rights as are reserved to the Territory of Puerto Rico by section 1 of the Act of April 19, 1930 (46 Stat. 227), and saving, further, to persons then or thereafter residing within such area the right to vote at all elections held within the political subdivisions where they respectively reside. Upon the admission of said State all references to the Territory of Puerto Rico in said Act or in other laws relating to Puerto Rico National Park shall be deemed to refer to the State of Puerto Rico. Nothing contained in this Act shall be construed to affect the ownership and control by the United States of any lands or other property within Puerto Rico National Park which may now belong to, or which may hereafter be acquired by, the United States.

(b) Notwithstanding the admission of the State of Puerto Rico into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are controlled or owned by the United States and held for Defense or Coast Guard purposes, whether such lands were acquired by cession and transfer to the United States by the Crown of Spain and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Puerto Rico for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That the State of Puerto Rico shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Puerto Rico, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction whatsoever which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for Defense or Coast Guardpurposes: Provided, however, That the United States shall continue to have sole and exclusive jurisdiction over such military installations as have been heretofore or hereafter determined to be critical areas as delineated by the President of the United States and/or the Secretary of Defense.

Sec. 16. Federal Reserve Act; amendment.

The next to last sentence of the first paragraph of section 2 of the Federal Reserve Act (38 Stat. 251) as amended by section 19 of the Act of July 7, 1958, (72 Stat. 339, 350) is amended by inserting after the  words ’or Hawaii’, the words ’or Puerto Rico’.

Sec. 17. Maritime matters.

(a) Nothing contained in this Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Puerto Rico and other ports in the United States, or possessions, or as conferring on the Interstate Commerce Commission jurisdiction over transportation by water between any such ports.

(b) Effective on the admission of the State of Puerto Rico into the Union:

(1)  the first sentence of section 506 of the Merchant Marine Act, 1936, as amended (46 U.S.C., sec. 1156), is amended by inserting before the words ‘an island possession or island territory’, the words ’the State of Puerto Rico, or’;

(2)  section 605(a) of the Merchant Marine Act, 1936, as amended, (46 U.S.C., sec. 1175), is amended by inserting before the words ‘an island possession or island territory’, the words ’the State of Puerto Rico, or’; and

(3)  the second paragraph of section 714 of the Merchant Marine Act, 1936, as amended, (46 U.S.C., sec. 1204), is amended by inserting before the words ‘an island possession or island territory’ the words ’the State of Puerto Rico, or’. (As amended Pub. L. 86-624, § 46, July 12, 1960, 74 Stat. 423.)

Sec. 18. United States Nationality.

Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, or restore nationality heretofore lost under any law of the United States or under any treaty to which the United States is or was a party.

Sec. 19. Immigration and Nationality Act; amendments.

(a) Section 101(a)(36) of the Immigration and Nationality Act (66 Stat, 170, B U.S.C., sec. 1101(a)(36)) is amended by deleting the words ’Puerto Rico’.

(b) Section 212(d)(7) of the Immigration and Nationality Act (66 Stat, 188, 8 U.S.C. 1182 (d) (7) is amended by deleting from the first sentence thereof the words ’Puerto Rico,’ and by deleting the proviso to said first sentence.

(c) The first sentence of section 310(a) of the Immigration and Nationality Act, as amended (66 Stat, 239, 8 U.S.C. 1421 (a), 72 Stat. 351) is further amended by deleting the words ’for the Territory of Puerto Rico, and

(d) Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 302 of the Immigration and Nationality Act (66 Stat, 237, 8 U.S.C. 1402).

Sec. 20. Aircraft purchase loans.

Effective upon the admission of the State of Puerto Rico into the Union, section 3, subsection (b), of the Act of September 7, 1957 (71 Stat, 629), is amended by substituting the words ’State of Puerto Rico’ for the words ’Territory of Puerto Rico’.

Sec. 21. Severability clause.

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

Sec. 22. Repeal of inconsistent laws.

 

All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the Legislature of said Territory or by Congress, are hereby repealed, specifically including the Jones Act of 1917, as amended, presently known as “The Federal Relations Act with Puerto Rico”, and any existing law derived from the authority of such federal legilation.

 

                           END

***********************************

   Proposed Non-Official DRAFT – Working Draft

                PROCLAMATION BY THE PRESIDENT OF THE                                

                                UNITED STATES OF AMERICA

         ADMISSION OF THE TERRITORY OF PUERTO RICO AS

                                      A STATE OF THE UNION

Puerto Rico is hereby admitted into the Union, effective on July 25, 2013, on issuance of Proc. No. XXXX dated July 15, 2013, XX F.R. XXXX,  XX Stat. XX, as required by Sections 2 and 7(c) of P.L. 2013-XXXX of February 25, 2013, XX Stat. XX, set out below.

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

Proc. No. XXXX Admission of the State of Puerto Rico into the Union

Proclamation No. XXXX, July 25, 2013,  XX F.R. XXXX, XX Star. XX, provided:

WHEREAS, the Congress of the United States by the Act approved on February 25, 2013 (XX Sta. XX) (set out above), accepted, ratified, and confirmed the Constitution adopted by a vote of the People of Puerto Rico in an election held on November 4, 1952, subject to minor modifications to conform it to a State Constitution, and also provided for the admission of the State of Puerto Rico into the Union on an equal footing with the other States upon compliance with certain procedural requirements specified in that Act ; and

WHEREAS, it appears from the information before me that a majority of the legal votes cast at an election held on June 15, 2013, were in favor of each of the propositions required to be submitted to the people of Puerto Rico by section 6(b) of the Act of February 25, 2013 (set out above); and

WHEREAS, it further appears from information before me that a special general election was held on June 15, 2013, and that the returns of such special general election were made and certified as provided in the Act of February 25, 2013 (set out above); and

WHEREAS,  the Governor and the Legislative Assembly of Puerto Rico has certified to me the results of the submission to the People of Puerto Rico of the three (3) propositions set forth in Section 6(b) of the Act of February 25, 2013 (set out above), and the results of the general election held on June 15, 2013; and

WHEREAS, I find and announce that the People of Puerto Rico have duly adopted the propositions required to be submitted to them by the Act of February 25, 2013 (set out above), and have duly elected the officers required to be elected by that Act:

NOW, THEREFORE, I, BARACK H. OBAMA, President of the United States of America, do hereby declare and proclaim that the procedural requirements imposed by the Congress on the State of Puerto Rico to entitle that State to admission into the Union, have been complied with in all respects and that admission of the State of Puerto Rico into the Union on an equal footing with the other States of the Union is now accomplished.

 

IN WITNESS WHEREOF, I  have  hereunto set my hand and caused the Seal of the United States of America to be affixed.

 

DONE  at  the  City of Washington, DC  at  2:00 P M (E.S.T.)  on  this  Tuenty Fifth day of July in the year of our Lord two thounsand thirteen (2013), and of the Independence of the United States of America  the  two  hundreds  and  thirty-four (237).

                                                  BARACK H. OBAMA

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s