Puerto Rico Statehood Admission Act

II 117TH CONGRESS 1ST SESSION S. 780 To provide for the admission of the State of Puerto Rico into the Union. IN THE SENATE OF THE UNITED STATES MARCH 16, 2021 Mr. HEINRICH (for himself, Mr. PADILLA, Mr. WYDEN, and Mr. SCHATZ) in- troduced the following bill; which was read twice and referred to the Com- mittee on Energy and 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Puerto Rico Statehood 4 Admission Act’’. 5 SEC. 2. FINDINGS. 6 The Congress finds the following: 7 (1) The United States national sovereignty in 8 Puerto Rico was established by the Treaty of Paris 9 between the United States and the Kingdom of 10 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 780 IS Spain (30 Stat. 1754), signed on December 10, 1 1898. 2 (2) Puerto Rico is governed by the United 3 States under laws enacted by Congress in the exer- 4 cise of its power to make rules and regulations gov- 5 erning territory belonging to the United States, pur- 6 suant to article IV, section 3, clause 2 of the Con- 7 stitution. 8 (3) For reasons of precedent primarily related 9 to the Philippines also ceded by Spain after the 10 Spanish-American War, substantially the same ma- 11 jority in the United States Supreme Court that es- 12 tablished the ‘‘separate but equal’’ doctrine in Plessy 13 v. Ferguson determined in the 1901 Downes v. 14 Bidwell decision that Puerto Rico was an unincor- 15 porated territory of the United States, a status of 16 possession that continues today. 17 (4) After agreeing to independence for the Phil- 18 ippines, also acquired through the Spanish-American 19 War, on March 2, 1917, Congress granted statutory 20 United States citizenship to the residents of Puerto 21 Rico. Such action has historically led to incorpora- 22 tion and eventual statehood but was denied to Puer- 23 to Rico due to anomalies emanating from the 1901 24 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 780 IS Downes ruling and its progeny, even as fellow Amer- 1 icans in Hawaii and Alaska attained statehood. 2 (5) Puerto Rico has a territorial constitution 3 that is republican in form and compatible with the 4 United States Constitution as well as the principles 5 of the Declaration of Independence, and that is 6 equivalent to a State constitution, having been 7 democratically ratified by the United States citizens 8 of the territory on November 4, 1952, and subse- 9 quently approved by the Congress of the United 10 States through Public Law 82–447. 11 (6) Thirty-two territories previously have peti- 12 tioned Congress for statehood based on democrat- 13 ically expressed consent of the governed, and each 14 was duly admitted as a State of the Union pursuant 15 to article IV, section 3, clause 1 of the United States 16 Constitution, with equal rights and responsibilities of 17 national and State citizenship under the United 18 States Constitution. 19 (7) Puerto Ricans have contributed greatly to 20 the nation and its culture and distinguished them- 21 selves in every field of endeavor. However, the denial 22 of equal voting representation and equal treatment 23 by the Federal Government stands in stark contrast 24 to their contributions. 25 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 780 IS (8) Since becoming a United States territory, 1 more than 235,000 American citizens of Puerto 2 Rican heritage have served in the United States 3 military. 4 (9) Thousands of United States military service 5 members of Puerto Rican heritage have received nu- 6 merous medals, distinctions, and commendations of 7 every degree, including for valorous military service 8 in the twentieth and twenty-first centuries. 9 (10) Nine United States military service mem- 10 bers from Puerto Rico have been awarded the Medal 11 of Honor, and many have been awarded the Distin- 12 guished Service Cross or the Navy Cross. 13 (11) The 65th Infantry Regiment in Puerto 14 Rico (known as the ‘‘Borinqueneers’’) was awarded 15 the Congressional Gold Medal (Public Law 113– 16 120) for its contributions and sacrifices in the 17 armed conflicts of the United States, including 18 World War I, World War II, and the Korean War. 19 (12) To further recognize and pay tribute to 20 the bravery of the Puerto Rican soldiers of the 65th 21 Infantry Regiment, Congress expressed support for 22 the designation of April 13 as National 23 Borinqueneers Day in the National Defense Author- 24 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 780 IS ization Act for Fiscal Year 2021 (Public Law 116– 1 283). 2 (13) Unincorporated territory status means 3 that Federal laws can be applied to Puerto Rico and 4 its American citizens differently, on unequal and, at 5 times inequitable terms, compared not only to the 6 States and their residents, but also unlike territories 7 that are parts of the United States. This has limited 8 the development of Puerto Rico and hindered its 9 economy. 10 (14) Unincorporated territory status has re- 11 sulted in millions of residents leaving Puerto Rico to 12 secure equal rights of citizenship attainable only in 13 a State, and that enable Americans to seek greater 14 opportunities and a better quality of life in the 15 States. Approximately 65 percent of all people of 16 Puerto Rican origin now live in the States, with the 17 increasing rate of population loss in the territory 18 creating a severe strain on the local tax base and 19 workforce participation. 20 (15) Other than its unincorporated territory 21 status and its unequal treatment under some Fed- 22 eral laws, Puerto Rico is socially, economically, po- 23 litically, and legally integrated into the nation. Nu- 24 merous territories admitted as States did not have 25 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 780 IS as strong a record of self-determination favoring 1 statehood as the majority votes by American citizens 2 in Puerto Rico favoring admission to the Union. 3 (16) In November 2012, a majority of voters 4 rejected continuation of the current territory status, 5 and 61.2 percent of those expressing a choice on sta- 6 tus alternatives chose statehood. 7 (17) In June 2017, a vote was held to confirm 8 the aspirations of the people of Puerto Rico. As ad- 9 vised by the United States Department of Justice, 10 all available status options were included in the bal- 11 lot. Amid an opposition boycott, statehood received 12 97 percent of the votes cast, while independence and 13 the current status received less than 3 percent of the 14 vote. 15 (18) In November 2020, following Alaska and 16 Hawaii precedent, Puerto Rico voters were presented 17 with the question: ‘‘Should Puerto Rico be admitted 18 immediately into the Union as a State? Yes or No’’. 19 A clear majority of 52.52 percent voted in the af- 20 firmative. 21 (19) In December 2020, the Puerto Rico legis- 22 lature, following the absolute majority victory ob- 23 tained by statehood in the plebiscite, approved a 24 Joint Resolution petitioning, on behalf of the People 25 VerDate Sep 11 2014 19:55 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 780 IS of Puerto Rico, that Congress and the President of 1 the United States admit Puerto Rico into the Union 2 as a State and appointed official representatives to 3 manage the transition to statehood. 4 (20) No large and populous United States terri- 5 tory inhabited by American citizens that has peti- 6 tioned for statehood has been denied admission into 7 the Union. 8 SEC. 3. ADMISSION. 9 Subject to the provisions of this Act, and upon 10 issuance of the proclamation required by section 7(c), the 11 Commonwealth of Puerto Rico is hereby declared to be 12 a State of the United States of America, and as such shall 13 be declared admitted into the Union on an equal footing 14 with the other States in all respects. 15 SEC. 4. PHYSICAL TERRITORY. 16 The State of Puerto Rico shall consist of all the is- 17 lands, together with their appurtenant reefs, seafloor, and 18 territorial waters in the seaward boundary, presently 19 under the jurisdiction of the territory of Puerto Rico. 20 SEC. 5. CONSTITUTION. 21 The constitution of the State of Puerto Rico shall al- 22 ways be republican in form and shall not be repugnant 23 to the Constitution of the United States and the principles 24 of the Declaration of Independence. The constitution of 25 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 780 IS the Commonwealth of Puerto Rico, as approved by Public 1 Law 82–447 and subsequently amended, is hereby found 2 to be republican in form and in conformity with the Con- 3 stitution of the United States and the principles of the 4 Declaration of Independence, and is hereby accepted, rati- 5 fied, and confirmed as the constitution of said State. 6 SEC. 6. CERTIFICATION BY PRESIDENT. 7 Upon enactment of this Act, the President of the 8 United States shall certify such fact to the Governor of 9 Puerto Rico. Thereupon the Governor shall, within 30 10 days after receipt of the official notification of such ap- 11 proval, issue a proclamation for the election of Senators 12 and Representatives in Congress. 13 SEC. 7. RATIFICATION VOTE. 14 (a) RATIFICATION OF PROPOSITION.—At an election 15 designated by proclamation of the Governor of Puerto 16 Rico, which may be either the primary or the general elec- 17 tion held pursuant to section 8, or a territorial general 18 election, or a special election, there shall be submitted to 19 voters, for adoption or rejection, a ballot with the following 20 ratification question: ‘‘Shall Puerto Rico immediately be 21 admitted into the Union as a State, in accordance with 22 terms prescribed in the Act of Congress approved ........... 23 (date of approval of this Act)?: Yes lllll No 24 lllll.’’. 25 VerDate Sep 11 2014 19:55 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 780 IS (b) CERTIFIED RESULTS.—If the foregoing propo- 1 sition is adopted by a majority of the votes cast in the 2 election conducted under subsection (a), the President of 3 the State Elections Commission of Puerto Rico shall cer- 4 tify the results of the election and shall transmit the cer- 5 tified results of the election to the Governor. Not later 6 than 10 days after the date of certification, the Governor 7 shall declare the results of the election and transmit the 8 certified results of the submission to the President of the 9 United States, the President pro tempore of the Senate, 10 and the Speaker of the House of Representatives. 11 (c) PRESIDENTIAL PROCLAMATION.—Upon receipt of 12 the Governor’s declaration pursuant to subsection (b), the 13 President of the United States shall issue a proclamation 14 declaring certified the results of the submission and the 15 date Puerto Rico is admitted as a State of the Union on 16 an equal footing with all other States, which date must 17 follow the certification of results of the general elections 18 required by section 6 of this Act, but not later than 12 19 months from the date on which the aforementioned sub- 20 mission results were certified in order to facilitate a tran- 21 sition process. Upon issuance of the proclamation by the 22 President, Puerto Rico shall be deemed admitted into the 23 Union as a State. 24 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 780 IS (d) TERMINATION OF ACT IF PROPOSITION NOT 1 ADOPTED.—If the foregoing proposition is not adopted by 2 a majority votes cast in the election conducted under sub- 3 section (a), the provisions of this Act shall cease to be 4 effective. 5 SEC. 8. ELECTION OF OFFICERS / SUBMISSION OF PROPO- 6 SITION. 7 The proclamation by the Governor in section 6 shall 8 designate and announce the dates and other requirements 9 for primary and general elections under applicable Federal 10 and local law for representation in the Senate and the 11 House of Representatives in accordance with the following: 12 (1) In the first election of Senators, the two 13 senatorial offices shall be separately identified and 14 designated, and no person may be a candidate for 15 both offices. Nothing in this section shall impair the 16 privilege of the Senate to determine the class and 17 term to which each of the Senators-elect shall be as- 18 signed. 19 (2) In the first election of Representatives fol- 20 lowing admission, and subsequent elections until the 21 next Census-based reapportionment cycle, Puerto 22 Rico shall be entitled to the same number of Rep- 23 resentatives as the State whose most recent Census 24 population was closest to, but less than, that of 25 VerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 780 IS Puerto Rico, and such Representatives shall be in 1 addition to the membership of the House of Rep- 2 resentatives as now prescribed by law: Provided, that 3 any such increase in the membership shall not oper- 4 ate to either increase or decrease the permanent 5 membership of the House of Representatives as pre- 6 scribed in the Act of August 8, 1911 (37 Stat. 13), 7 nor shall such temporary increase affect the basis of 8 apportionment established by the Act of November 9 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 10 Eighty-third Congress and each Congress thereafter, 11 unless Congress acts to increase the total number of 12 members of the House of Representatives. There- 13 after, the State of Puerto Rico shall be entitled to 14 such number of Representatives as provided for by 15 applicable law based on the next reapportionment. 16 The apportionment of congressional districts for the 17 first election and subsequent election of Representa- 18 tives shall be conducted as provided for by the Con- 19 stitu [Text truncated for display. Full text available on Congress.gov.]