Puerto Rico Statehood Admission Act

I 117TH CONGRESS 1ST SESSION H. R. 1522 To provide for the admission of the State of Puerto Rico into the Union. IN THE HOUSE OF REPRESENTATIVES MARCH 2, 2021 Mr. SOTO (for himself, Miss GONZA´LEZ-COLO´N, Mrs. MURPHY of Florida, Mr. YOUNG, Mr. TORRES of New York, Mr. DIAZ-BALART, Mr. RASKIN, Mr. BACON, Mr. BERA, Mr. BILIRAKIS, Mr. BISHOP of Georgia, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. CARBAJAL, Mr. CARSON, Ms. CASTOR of Florida, Mr. CORREA, Mr. CRIST, Mrs. DEMINGS, Mr. DEUTCH, Mr. EVANS, Mr. FOSTER, Ms. LOIS FRANKEL of Florida, Mr. GALLEGO, Mr. GARBARINO, Mr. GIMENEZ, Mr. HASTINGS, Mr. KATKO, Mr. KILMER, Mr. KRISHNAMOORTHI, Mr. MCNERNEY, Mr. NORCROSS, Ms. PLASKETT, Mr. POSEY, Mrs. RADEWAGEN, Ms. SALAZAR, Mr. SAN NICOLAS, Mr. SESSIONS, Mr. SIRES, Ms. STEFANIK, Mr. SWALWELL, Mr. TRONE, Mr. VARGAS, Mr. WALTZ, Ms. WASSERMAN SCHULTZ, Ms. WILD, Ms. WILSON of Florida, Mr. GOMEZ, Mr. BROWN, Mr. JOHNSON of Georgia, Mrs. BEATTY, Mr. BEYER, Mr. COHEN, and Ms. BARRAGA´N) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the admission of the State of Puerto Rico into the Union. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1522 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Puerto Rico Statehood 2 Admission Act’’. 3 SEC. 2. FINDINGS. 4 The Congress finds the following: 5 (1) United States national sovereignty in Puer- 6 to Rico was established by the Treaty of Paris be- 7 tween the United States and the Kingdom of Spain 8 (30 Stat. 1754), signed on December 10, 1898. 9 (2) Puerto Rico is governed by the United 10 States under laws enacted by Congress in the exer- 11 cise of its power to make rules and regulations gov- 12 erning territory belonging to the United States, pur- 13 suant to article IV, section 3, clause 2 of the Con- 14 stitution. 15 (3) For reasons of precedent primarily related 16 to the Philippines also ceded by Spain after the 17 Spanish-American War, substantially the same ma- 18 jority in the United States Supreme Court that es- 19 tablished the ‘‘separate but equal’’ doctrine in Plessy 20 v. Ferguson determined in the 1901 Downes v. 21 Bidwell decision that Puerto Rico was an unincor- 22 porated territory of the United States, a status of 23 possession that continues today. 24 (4) After agreeing to independence for the Phil- 25 ippines, also acquired through the Spanish-American 26 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1522 IH War, on March 2, 1917, Congress granted statutory 1 United States citizenship to the residents of Puerto 2 Rico. Such action has historically led to incorpora- 3 tion and eventual statehood but was denied to Puer- 4 to Rico due to anomalies emanating from the 1901 5 Downes ruling and its progeny, even as fellow Amer- 6 icans in Hawaii and Alaska attained statehood. 7 (5) Puerto Rico has a territorial constitution 8 that is republican in form and compatible with the 9 United States Constitution as well as the principles 10 of the Declaration of Independence, and that is 11 equivalent to a State constitution, having been 12 democratically ratified by the United States citizens 13 of the territory on November 4, 1952, and subse- 14 quently approved by the Congress of the United 15 States through Public Law 82–447. 16 (6) Thirty-two territories previously have peti- 17 tioned Congress for statehood based on democrat- 18 ically expressed consent of the governed, and each 19 was duly admitted as a State of the Union pursuant 20 to article IV, section 3, clause 1 of the United States 21 Constitution, with equal rights and responsibilities of 22 national and State citizenship under the United 23 States Constitution. 24 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1522 IH (7) Puerto Ricans have contributed greatly to 1 the nation and its culture and distinguished them- 2 selves in every field of endeavor. However, the denial 3 of equal voting representation and equal treatment 4 by the Federal Government stands in stark contrast 5 to their contributions. 6 (8) Since becoming a United States territory, 7 more than 235,000 American citizens of Puerto 8 Rican heritage have served in the United States 9 military. 10 (9) Thousands of United States military service 11 members of Puerto Rican heritage have received nu- 12 merous medals, distinctions, and commendations of 13 every degree, including for valorous military service 14 in the twentieth and twenty-first centuries. 15 (10) Nine United States military service mem- 16 bers from Puerto Rico have been awarded the Medal 17 of Honor, and many have been awarded the Distin- 18 guished Service Cross or the Navy Cross. 19 (11) The 65th Infantry Regiment in Puerto 20 Rico (known as the ‘‘Borinqueneers’’) was awarded 21 the Congressional Gold Medal (Public Law 113– 22 120) for its contributions and sacrifices in the 23 armed conflicts of the United States, including 24 World War I, World War II, and the Korean War. 25 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1522 IH (12) To further recognize and pay tribute to 1 the bravery of the Puerto Rican soldiers of the 65th 2 Infantry Regiment, Congress expressed support for 3 the designation of April 13 as National 4 Borinqueneers Day in the National Defense Author- 5 ization Act for Fiscal Year 2021 (Public Law 116– 6 283). 7 (13) Unincorporated territory status means 8 that Federal laws can be applied to Puerto Rico and 9 its American citizens differently, on unequal and, at 10 times inequitable terms, compared not only to the 11 States and their residents, but also unlike territories 12 that are parts of the United States. This has limited 13 the development of Puerto Rico and hindered its 14 economy. 15 (14) Unincorporated territory status has re- 16 sulted in millions of residents leaving Puerto Rico to 17 secure equal rights of citizenship attainable only in 18 a State, and that enable Americans to seek greater 19 opportunities and a better quality of life in the 20 States. Approximately 65 percent of all people of 21 Puerto Rican origin now live in the States, with the 22 increasing rate of population loss in the territory 23 creating a severe strain on the local tax base and 24 workforce participation. 25 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 1522 IH (15) Other than its unincorporated territory 1 status and its unequal treatment under some Fed- 2 eral laws, Puerto Rico is socially, economically, po- 3 litically, and legally integrated into the nation. Nu- 4 merous territories admitted as States did not have 5 as strong a record of self-determination favoring 6 statehood as the majority votes by American citizens 7 in Puerto Rico favoring admission to the Union. 8 (16) In November 2012, a majority of voters 9 rejected continuation of the current territory status, 10 and 61.2 percent of those expressing a choice on sta- 11 tus alternatives chose statehood. 12 (17) In June 2017, a vote was held to confirm 13 the aspirations of the people of Puerto Rico. As ad- 14 vised by the United States Department of Justice, 15 all available status options were included in the bal- 16 lot. Amid an opposition boycott, statehood received 17 97 percent of the votes casted, while independence 18 and the current status received less than 3 percent 19 of the vote. 20 (18) In November 2020, following Alaska and 21 Hawaii precedent, Puerto Rico voters were presented 22 with the question: ‘‘Should Puerto Rico be admitted 23 immediately into the Union as a State? Yes or No’’. 24 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 1522 IH A clear majority of 52.52 percent voted in the af- 1 firmative. 2 (19) In December 2020, the Puerto Rico legis- 3 lature, following the absolute majority victory ob- 4 tained by statehood in the plebiscite, approved a 5 Joint Resolution petitioning, on behalf of the People 6 of Puerto Rico, that Congress and the President of 7 the United States admit Puerto Rico into the Union 8 as a State and appointed official representatives to 9 manage the transition to statehood. 10 (20) No large and populous United States terri- 11 tory inhabited by American citizens that has peti- 12 tioned for statehood has been denied admission into 13 the Union. 14 SEC. 3. ADMISSION. 15 Subject to the provisions of this Act, and upon 16 issuance of the proclamation required by section 7(c), the 17 Commonwealth of Puerto Rico is hereby declared to be 18 a State of the United States of America, and as such shall 19 be declared admitted into the Union on an equal footing 20 with the other States in all respects. 21 SEC. 4. PHYSICAL TERRITORY. 22 The State of Puerto Rico shall consist of all the is- 23 lands, together with their appurtenant reefs, seafloor, and 24 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 1522 IH territorial waters in the seaward boundary, presently 1 under the jurisdiction of the territory of Puerto Rico. 2 SEC. 5. CONSTITUTION. 3 The constitution of the State of Puerto Rico shall al- 4 ways be republican in form and shall not be repugnant 5 to the Constitution of the United States and the principles 6 of the Declaration of Independence. The constitution of 7 the Commonwealth of Puerto Rico, as approved by Public 8 Law 82–447 and subsequently amended, is hereby found 9 to be republican in form and in conformity with the Con- 10 stitution of the United States and the principles of the 11 Declaration of Independence, and is hereby accepted, rati- 12 fied, and confirmed as the constitution of said State. 13 SEC. 6. CERTIFICATION BY PRESIDENT. 14 Upon enactment of this Act, the President of the 15 United States shall certify such fact to the Governor of 16 Puerto Rico. Thereupon the Governor shall, within 30 17 days after receipt of the official notification of such ap- 18 proval, issue a proclamation for the election of Senators 19 and Representatives in Congress. 20 SEC. 7. RATIFICATION VOTE. 21 (a) RATIFICATION OF PROPOSITION.—At an election 22 designated by proclamation of the Governor of Puerto 23 Rico, which may be either the primary or the general elec- 24 tion held pursuant to section 8, or a territorial general 25 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 1522 IH election, or a special election, there shall be submitted to 1 voters, for adoption or rejection, a ballot with the following 2 ratification question: ‘‘Shall Puerto Rico immediately be 3 admitted into the Union as a State, in accordance with 4 terms prescribed in the Act of Congress approved 5 . . .. . .. . ... (date of approval of this Act)?: Yes 6 lllll No lllll.’’. 7 (b) CERTIFIED RESULTS.—If the foregoing propo- 8 sition is adopted by a majority of the votes cast in the 9 election conducted under subsection (a), the President of 10 the State Elections Commission of Puerto Rico shall cer- 11 tify the results of the election and shall transmit the cer- 12 tified results of the election to the Governor. Not later 13 than 10 days after the date of certification, the Governor 14 shall declare the results of the election and transmit the 15 certified results of the submission to the President of the 16 United States, the President pro tempore of the Senate, 17 and the Speaker of the House of Representatives. 18 (c) PRESIDENTIAL PROCLAMATION.—Upon receipt of 19 the Governor’s declaration pursuant to subsection (b), the 20 President of the United States shall issue a proclamation 21 declaring certified the results of the submission and the 22 date Puerto Rico is admitted as a State of the Union on 23 an equal footing with all other States, which date must 24 follow the certification of results of the general elections 25 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 1522 IH required by section 6 of this Act, but not later than 12 1 months from the date on which the aforementioned sub- 2 mission results were certified in order to facilitate a tran- 3 sition process. Upon issuance of the proclamation by the 4 President, Puerto Rico shall be deemed admitted into the 5 Union as a State. 6 (d) TERMINATION OF ACT IF PROPOSITION NOT 7 ADOPTED.—If the foregoing proposition is not adopted by 8 a majority votes cast in the election conducted under sub- 9 section (a), the provisions of this Act shall cease to be 10 effective. 11 SEC. 8. ELECTION OF OFFICERS. 12 The proclamation by the Governor in section 6 shall 13 designate and announce the dates and other requirements 14 for primary and general elections under applicable Federal 15 and local law for representation in the Senate and the 16 House of Representatives in accordance with the following: 17 (1) In the first election of Senators, the two 18 senatorial offices shall be separately identified and 19 designated, and no person may be a candidate for 20 both offices. Nothing in this section shall impair the 21 privilege of the Senate to determine the class and 22 term to which each of the Senators-elect shall be as- 23 signed. 24 VerDate Sep 11 2014 20:15 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1522.IH H1522 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 1522 IH (2) In the first election of Representatives fol- 1 lowing admission, and subsequent elections until the 2 next Census-based reapportionment cycle, Puerto 3 Rico shall be entitled to the same number of Rep- 4 resentatives as the State whose most recent Census 5 population was closest to, but less than, that of 6 Puerto Rico, and such Representatives shall be in 7 addition to the membership of the House of Rep- 8 resentatives as now prescribed by law: Provided, that 9 any such increase in the membership shall not oper- 10 ate to either increase or decrease the permanent 11 membership of the House of Representatives [Text truncated for display. Full text available on Congress.gov.]