Puerto Rico Statehood Admission Act

I 116TH CONGRESS 1ST SESSION H. R. 4901 To enable the admission of Puerto Rico as a State of the Union, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 29, 2019 Mr. SERRANO (for himself, Miss GONZA´LEZ-COLO´N of Puerto Rico, Mr. YOUNG, Mr. BISHOP of Utah, Mr. SOTO, Mrs. MURPHY of Florida, Mr. GALLEGO, Mr. WALTZ, Ms. PLASKETT, Mr. DIAZ-BALART, Ms. STEFANIK, Mr. CRIST, Mr. KING of New York, Ms. SHALALA, Mr. BACON, Ms. WASSERMAN SCHULTZ, Mr. FITZPATRICK, Mrs. RADEWAGEN, Mr. SWALWELL of California, Mr. HUFFMAN, Mr. POSEY, Mr. CICILLINE, Mr. LOWENTHAL, Mr. VARGAS, Mrs. KIRKPATRICK, Mr. KATKO, Mr. BANKS, Mrs. BEATTY, Mr. SABLAN, Mr. BROWN of Mary- land, Mr. LEWIS, Mr. LAMALFA, Mrs. DEMINGS, Mr. WILSON of South Carolina, Mr. SAN NICOLAS, Mr. BISHOP of Georgia, Mr. CARBAJAL, Ms. BROWNLEY of California, Mr. FOSTER, Mr. BEYER, Mr. RASKIN, Mr. HASTINGS, Ms. WILD, Mr. PETERSON, and Mr. SPANO) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To enable the admission of Puerto Rico as a State of the Union, and for other purposes. 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 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4901 IH SEC. 2. FINDINGS. 1 The Congress finds the following: 2 (1) United States national sovereignty in Puer- 3 to Rico was established by the Treaty of Peace be- 4 tween the United States and the Kingdom of Spain 5 (30 Stat. 1754), signed on December 10, 1898. 6 (2) Puerto Rico is governed by the United 7 States under laws enacted by Congress in the exer- 8 cise of its power to make rules and regulations gov- 9 erning territory belonging to the United States, pur- 10 suant to article IV, section 3, clause 2 of the Con- 11 stitution. 12 (3) For reasons of precedent primarily related 13 to the Philippines also ceded by Spain after the 14 Spanish-American War, substantially the same ma- 15 jority in the United States Supreme Court that es- 16 tablished the ‘‘separate but equal’’ doctrine in Plessy 17 v. Ferguson determined in the 1901 Downes v. 18 Bidwell decision that Puerto Rico was an unincor- 19 porated territory of the United States, a status of 20 possession that continues today. 21 (4) On March 2, 1917, Congress granted birth- 22 right citizenship of the United States by statute for 23 all persons born in Puerto Rico (39 Stat. 951) to 24 further integrate Puerto Rico into our Nation. 25 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4901 IH (5) Puerto Rico has a territorial constitution 1 that is republican in form and compatible with the 2 United States Constitution as well as the principles 3 of the Declaration of Independence, and that is 4 equivalent to a State constitution, having been 5 democratically ratified by the United States citizens 6 of the territory on November 4, 1952, and subse- 7 quently approved by the Congress of the United 8 States through Public Law 82–447. 9 (6) Thirty-two territories previously have peti- 10 tioned Congress for statehood based on democrat- 11 ically expressed consent of the governed, and each 12 was duly admitted as a State of the Union pursuant 13 to article IV, section 3, clause 1 of the United States 14 Constitution, with equal rights and responsibilities of 15 national and State citizenship under the United 16 States Constitution. 17 (7) Puerto Ricans have contributed greatly to 18 the Nation and its culture and distinguished them- 19 selves in every field of endeavor. However, the denial 20 of equal voting representation and equal treatment 21 by the Federal Government stands in stark contrast 22 to their contributions. 23 (8) Since becoming a United States territory, 24 more than 235,000 United States citizens of Puerto 25 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4901 IH Rican heritage have served in the United States 1 military. 2 (9) Thousands of military servicemembers of 3 Puerto Rican heritage have received numerous med- 4 als, distinctions, and commendations of every degree, 5 including for valorous military service in the twen- 6 tieth and twenty-first centuries. 7 (10) Nine military servicemembers from Puerto 8 Rico have been awarded the Congressional Medal of 9 Honor, and many have been awarded the Distin- 10 guished Service Cross or the Navy Cross. 11 (11) The 65th Infantry Regiment in Puerto 12 Rico (known as the ‘‘Borinqueneers’’) was awarded 13 the Congressional Gold Medal (Public Law 113–120, 14 enacted June 10, 2014) for its contributions and 15 sacrifices in the armed conflicts of the United 16 States, including World War I, World War II, and 17 the Korean War. 18 (12) Unincorporated territory status means 19 that Federal laws can be applied to Puerto Rico and 20 its American citizens differently, on unequal and 21 even inequitable terms, compared not only to the 22 States and their residents, but also unlike territories 23 that were considered to be parts of the United 24 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4901 IH States. This has limited the development of Puerto 1 Rico and hindered its economy. 2 (13) Unincorporated territory status has re- 3 sulted in millions of residents leaving Puerto Rico to 4 seek greater opportunities and a better quality of life 5 available in a State. Approximately 65 percent of all 6 people of Puerto Rican origin now live in the States, 7 with the increasing rate of population loss in the ter- 8 ritory creating a severe strain on the local tax base 9 and workforce participation. 10 (14) Other than its unincorporated territory 11 status and its unequal treatment in some laws, 12 Puerto Rico is socially, economically, politically, and 13 legally integrated into the Nation. 14 (15) Puerto Rico has held two plebiscites under 15 local law on status proposals that are possible under 16 Federal law in 2012 and 2017. In 2012, a majority 17 of the vote rejected the current territory status and 18 61.2 percent chose statehood among the alternatives. 19 In 2017, 97.1 percent of the vote was for statehood 20 on a ballot amended as advised by the Department 21 of Justice. 22 (16) No United States territory that has peti- 23 tioned for statehood has been denied admission into 24 the Union. 25 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4901 IH (17) Congress has recognized Puerto Rico’s 1 ‘‘right to determine its future political status’’ (Pub- 2 lic Law 114–187, enacted June 20, 2016), which, 3 consistent with status votes in most territories that 4 have become States, may include a ‘‘Yes or No’’ vote 5 on statehood. 6 (18) Congress has appropriated funding to the 7 State Elections Commission of Puerto Rico to con- 8 duct a plebiscite by which Puerto Rican voters will 9 determine the future political status of Puerto Rico 10 (Public Law 113–76, enacted January 17, 2014). 11 (19) Granting equality through statehood to 12 Puerto Rico is long overdue in light of the historical 13 contributions of its residents to the United States 14 and its potential to further strengthen our Union 15 and the 102 years of political and economic discrimi- 16 nation against the United States citizens living in 17 Puerto Rico. 18 SEC. 3. NATIONAL POLICY DECLARATION. 19 This Act constitutes the commitment of Congress 20 that, if Puerto Rico chooses statehood, subject to the pro- 21 visions stated herein, Puerto Rico shall be declared to be 22 a State of the United States of America, and shall be ad- 23 mitted into the Union on an equal footing with the other 24 States, in all respects, so that the United States citizens 25 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4901 IH residing in Puerto Rico shall have all rights, privileges, 1 and duties enjoyed by the United States citizens in the 2 several States. 3 SEC. 4. ADMISSION TO UNION AS STATE. 4 (a) DEMOCRATIC SELF-DETERMINATION.—In ac- 5 cordance with applicable laws of Puerto Rico, a political 6 status plebiscite shall be conducted in conjunction with the 7 local general election scheduled for November 2020. 8 (b) BALLOT.—The ballot for the plebiscite conducted 9 under subsection (a) shall present voters with the ques- 10 tion: ‘‘Do you approve Puerto Rico’s admission as a State 11 of the Union on equal footing with all other States? 12 Yeslll No lll.’’. 13 (c) CERTIFIED RESULTS.—If statehood is approved 14 by a majority of the votes cast in the plebiscite conducted 15 under subsection (a), the President of the State Elections 16 Commission of Puerto Rico shall certify the results of the 17 plebiscite and shall transmit the certified results of the 18 plebiscite to the Governor within 3 days. Not later than 19 10 days after the date of certification, the Governor shall 20 declare the results of the plebiscite and transmit the cer- 21 tified results of the plebiscite to the President of the 22 United States, the President pro tempore of the Senate, 23 and the Speaker of the House of Representatives. 24 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4901 IH (d) CONTENT OF DECLARATION.—The declaration by 1 the Governor in subsection (c) shall designate and an- 2 nounce the dates and other requirements for primary and 3 general elections under applicable Federal and local law 4 for representation in the Senate and the House of Rep- 5 resentatives in accordance with the following: 6 (1) In the first election of Senators, the two 7 senatorial offices shall be separately identified and 8 designated, and no person may be a candidate for 9 both offices. Nothing in this section shall impair the 10 privilege of the Senate to determine the class and 11 term to which each of the Senators-elect shall be as- 12 signed. 13 (2) In the first election of a Representative, 14 Puerto Rico shall be entitled to one Representative 15 upon its admission into the Union as a State. In the 16 next election for the United States House of Rep- 17 resentatives, Puerto Rico shall be entitled to the 18 same number of Representatives as the State whose 19 most recent Census population was closest to, but 20 less than, that of Puerto Rico, and such Representa- 21 tives shall be in addition to the membership of the 22 House of Representatives as now prescribed by law: 23 Provided, that any increase in the membership shall 24 not operate to either increase or decrease the perma- 25 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4901 IH nent membership of the House of Representatives as 1 prescribed in the Act of August 8, 1911 (37 Stat. 2 13), nor shall such temporary increase affect the 3 basis of apportionment established by the Act of No- 4 vember 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for 5 the Eighty-third Congress and each Congress there- 6 after, unless Congress acts to increase the total 7 number of the House of Representatives. Thereafter, 8 the State of Puerto Rico shall be entitled to such 9 number of Representatives as provided for by appli- 10 cable law based on the next reapportionment. 11 (3) The President of the State Elections Com- 12 mission of Puerto Rico shall certify the results of 13 such primary and general elections, and shall trans- 14 mit the results of each election to the Governor with- 15 in 3 days following such primary and general elec- 16 tions. Within 10 days of the date of each certifi- 17 cation, the Governor shall declare the results of the 18 primary and general elections, and transmit the re- 19 sults of each election to the President of the United 20 States, the President pro tempore of the Senate, and 21 the Speaker of the House of Representatives. 22 (e) PRESIDENTIAL PROCLAMATION.—Upon receipt of 23 the Governor’s declaration pursuant to subsection (c), the 24 President of the United States shall issue a proclamation 25 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4901 IH declaring certified results of the plebiscite and the date 1 Puerto Rico is admitted as a State of the Union on an 2 equal footing with all other States, which date must follow 3 the certification of results of the general elections required 4 by this Act, but not later than 30 months from the date 5 on which the aforementioned plebiscite results were cer- 6 tified. Upon issuance of the proclamation by the Presi- 7 dent, Puerto Rico shall be deemed admitted into the Union 8 as a State. 9 (f) TRANSITION PERIOD.—During the period be- 10 tween the day on which voters have approved statehood, 11 and the date of admission as a State of the Union, the 12 Constitution and laws of the United States shall apply to 13 Puerto Rico as it applied to the 32 incorporated territories 14 that became States prior to admission to the Union. 15 (g) TERMINATION OF ACT IF STATEHOOD NOT AP- 16 PROVED.—If statehood is not approved by a majority of 17 the votes cast in the plebiscite conducted under subsection 18 (a), the provisions of this Act shall cease to be effective. 19 SEC. 5. PROVISIONS APPLICABLE TO STATE OF PUERTO 20 RICO. 21 Upon the admission of the State of Puerto Rico into 22 the Union, the following shall apply: 23 (1) PHYSICAL TERRITORY DEFINED.—The 24 State of Puerto Rico shall consist of all of the is- 25 VerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4901 IH lands, together with their appurtenant reefs, 1 seafloor, and territorial waters in the seaward 2 boundary, presently under the jurisdiction of the ter- 3 ritory of Puerto Rico. 4 (2) STATE CONSTITUTION.—The Constitution 5 of the Commonwealth of Puerto Rico, as approved 6 by Public Law 82–447 and subsequently amended, 7 shall be accepted as the State Constitution of Puerto 8 Rico. 9 (3) CONTINUITY OF LAWS.—All laws of t [Text truncated for display. Full text available on Congress.gov.]