[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6246 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6246

To enable the admission of the territory of Puerto Rico into the Union 
                  as a State, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2018

 Miss Gonzalez-Colon of Puerto Rico (for herself, Mr. Bishop of Utah, 
Mr. Young of Alaska, Mr. Serrano, Mr. LaMalfa, Mrs. Murphy of Florida, 
  Mr. Soto, Mr. Duffy, Mr. MacArthur, Mr. McGovern, Mr. DeSantis, Mr. 
Raskin, Ms. Stefanik, Mr. Curbelo of Florida, Mr. Bacon, Mr. Beyer, Mr. 
   Banks of Indiana, Ms. Ros-Lehtinen, Mr. Gene Green of Texas, Mrs. 
Radewagen, Mr. Sablan, Mr. Vargas, Ms. Bordallo, Mr. King of New York, 
 Mr. Diaz-Balart, Mr. Yoho, Mr. Fitzpatrick, Ms. Plaskett, Ms. Tenney, 
  Mr. Labrador, Mr. Costello of Pennsylvania, Mr. Trott, Ms. Esty of 
Connecticut, Ms. Wasserman Schultz, Mrs. Beatty, Mr. Brown of Maryland, 
 Mr. Denham, and Mr. Taylor) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To enable the admission of the territory of Puerto Rico into the Union 
                  as a State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Puerto Rico Admission Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Puerto Rico was ceded to the United States and came 
        under this Nation's sovereignty pursuant to the Treaty of Paris 
        ending the Spanish-American War in 1898. Article IX of the 
        Treaty of Paris recognized the authority of Congress to provide 
        for the political status of the inhabitants of the territory. 
        Puerto Rico remained under the direct control of United States 
        military forces until Congress enacted the Foraker Act (Public 
        Law 56-191) on April 12, 1900, bringing a civilian government, 
        appointed by the President of the United States, to the island.
            (2) Consistent with the establishment of United States 
        nationality for the inhabitants of Puerto Rico under the Treaty 
        of Paris, in 1917, Congress exercised its powers under the 
        Territorial Clause of the United States Constitution (article 
        IV, section 3, clause 2) to provide for the United States 
        citizenship status of persons born in Puerto Rico (Public Law 
        64-368).
            (3) Under rulings of the United States Supreme Court, 
        including Balzac v. People of Porto Rico, 258 U.S. 298 (1922), 
        only ambiguous, inconsistent and indirect application of the 
        United States Constitution has been established in the 
        unincorporated territories of the United States including 
        Puerto Rico.
            (4) In 1950, Congress prescribed a procedure for 
        instituting limited internal self-government for Puerto Rico 
        pursuant to statutory authorization for a local constitution 
        (Public Law 81-600). As a result, a local constitution was 
        approved by the people of Puerto Rico, ratified by Congress, 
        subject to conforming amendments enacted by Puerto Rico, and 
        thereupon given effect in 1952.
            (5) The approved constitution established a republican form 
        of government in conformity with the United States Constitution 
        and the principles of the Declaration of Independence and is 
        the functional equivalent of a State constitution, but did not 
        restrict the authority of Congress under the Territorial Clause 
        to determine the application of Federal law to Puerto Rico. 
        Congress' plenary power under the Territorial Clause was most 
        recently and dramatically evidenced in 2016 with the enactment 
        of the Puerto Rico Oversight, Management, and Economic 
        Stability Act (Public Law 114-187).
            (6) Congressional policies to date have disenfranchised the 
        approximately 3,400,000 United States citizens residing in 
        Puerto Rico who do not enjoy a democratic form of government at 
        the national level as they cannot vote in the election of the 
        President and Vice President of the United States, are not 
        represented in the United States Senate, and only have one 
        Resident Commissioner in the United States House of 
        Representatives, who can only vote in the Congressional 
        committees to which she or he is assigned.
            (7) Furthermore, the Federal Government may, and often 
        does, treat the United States citizens residing in Puerto Rico 
        unequally under most Federal programs and other laws applicable 
        to the several States and their residents. In its December 14, 
        2016, Report to Congress, the Congressional Task Force on 
        Economic Growth in Puerto Rico established that the territory 
        is not treated equally with the States under more than 40 
        Federal statutes.
            (8) The limitations of, and unequal treatment under, 
        territory status has left Puerto Rico under-developed when 
        compared to the States and has substantially contributed to its 
        fiscal and economic crisis, forcing a massive exodus that has 
        resulted in 5,400,000 United States citizens of Puerto Rican 
        ancestry living in the United States mainland.
            (9) Puerto Rico has been under United States sovereignty 
        and within the United States customs territory for close to 120 
        years, making Puerto Rico the oldest, largest, and most 
        populous colony in the world, yet Congress has failed to 
        respond to the people of Puerto Rico's continued quest for 
        equality and self-determination.
            (10) It has been the longstanding policy of the United 
        States that the United States citizens of a territory can 
        democratically determine whether it should eventually become a 
        State or a sovereign nation.
            (11) On November 6, 2012, the Government of Puerto Rico 
        held a locally sanctioned, two-part plebiscite. This plebiscite 
        was consistent with the recommendations set forth by the 
        President's Task Force on Puerto Rico's Status Report to 
        Congress of March 2011. The first question asked if Puerto Rico 
        should continue to be a territory of the United States, and 54 
        percent of the voters rejected territory status. The second 
        question asked the voters to express their preference among the 
        three possible and internationally recognized permanent 
        alternatives to territory status--statehood, independence, or 
        nationhood in free association with the United States--and 61 
        percent of the voters who selected an option chose statehood. 
        The number of votes cast for statehood on the second question 
        exceeded the number of votes cast for continued territory 
        status on the first question.
            (12) On June 11, 2017, the Government of Puerto Rico held 
        yet another status plebiscite to ratify the results of the 2012 
        vote, on a ballot amended to specifically comply with the 
        United States Department of Justice's requirements pursuant to 
        Public Law 113-76. In this plebiscite, statehood received 97 
        percent, free association/independence received 1.5 percent, 
        and current territorial status received 1.3 percent of the 
        votes cast.
            (13) Puerto Ricans have contributed greatly to the Nation 
        in all fields of endeavor, both in war and in peace. Over 
        250,000 have served in the United States Armed Forces, many 
        paying the ultimate sacrifice. They not only deserve, but have 
        earned the right to have their voices heard.
            (14) Last year marked the 100th anniversary of the granting 
        of United States citizenship to the people of Puerto Rico by 
        Congress, who remain disenfranchised and trapped in a second-
        class citizenship that denies them the same rights and 
        responsibilities as their fellow citizens in the States.
            (15) Equality within the Nation is required for a healthy 
        American economy and essential for Puerto Rico's social and 
        economic well-being as well as for basic reasons of democracy. 
        Puerto Rico should be transitioned into equality within the 
        Union.

SEC. 3. PURPOSE.

    The purpose of the Act is to respond to, and comply with, the 
democratic will of the United States citizens residing in Puerto Rico 
as expressed in the plebiscites held on November 6, 2012, and June 11, 
2017, by setting forth the terms for the admission of the territory of 
Puerto Rico as a State of the Union.

SEC. 4. ADMISSION.

    Subject to the provisions of this Act, and upon the issuance of the 
proclamation by the President of the United States required by section 
6 of this Act, the territory of Puerto Rico thereupon shall become a 
State of the United States, and admitted into the Union on an equal 
footing and in true permanent union with the other States in all 
respects whatsoever.

SEC. 5. TRANSITION PROCESS.

    (a) State Constitution.--The constitution of the State of Puerto 
Rico shall always be republican in form and shall be in conformity with 
the Constitution of the United States. The current constitution of 
Puerto Rico is deemed to be republican in form and in conformity with 
the Constitution of the United States and is hereby accepted as the 
constitution of the State of Puerto Rico.
    (b) Plebiscite Results Deemed Sufficient.--Immediately upon the 
enactment of this Act, the results of the November 6, 2012, and June 
11, 2017, status plebiscites are deemed sufficient to trigger the 
transition process to Statehood set forth in this section. This section 
does not preclude additional democratic self-determination under local 
or Federal law.
    (c) Task Force on Equality for the United States Citizens of Puerto 
Rico.--
            (1) Establishment.--There is established within the 
        legislative branch a Congressional Task Force on Equality for 
        the United States Citizens of Puerto Rico (hereinafter referred 
        to as the ``Task Force'').
            (2) Duties.--The Task Force shall--
                    (A) survey the laws of the United States and make 
                recommendations to Congress and the President of the 
                United States as to how laws that do not apply to the 
                territory of Puerto Rico or apply differently to the 
                territory than to the several States should be amended 
                or repealed to phase-in equal treatment of Puerto Rico 
                with the several States, as appropriate, no later than 
                January 1, 2021;
                    (B) make recommendations on potential temporary 
                economic measures to assist Puerto Rico's transition 
                from a territory to a State, seeking the greatest 
                degree of flexibility for the phase-in of Federal 
                programs and the development of the territory's economy 
                through fiscal incentives, alternative tax 
                arrangements, and other measures;
                    (C) propose timelines and rules guiding elections 
                for Federal offices; and
                    (D) study the effect of Puerto Rico's admission as 
                a State on the existing apportionment in the House of 
                Representatives.
            (3) Membership.--The Task Force shall be comprised of 9 
        Members as follows:
                    (A) Four Members of the House of Representatives, 
                two of whom shall be appointed by the Speaker of the 
                House of Representatives, and two of whom shall be 
                appointed by the minority leader of the House of 
                Representatives.
                    (B) Four Members of the Senate, two of whom shall 
                be appointed by the majority leader of the Senate, and 
                two of whom shall be appointed by the minority leader 
                of the Senate.
                    (C) The Resident Commissioner of Puerto Rico.
            (4) Deadline for appointment.--Appointments to the Task 
        Force shall be made not later than 30 days after the date of 
        enactment of this Act.
            (5) Chair.--The Speaker of the House of Representatives 
        shall designate one Member to serve as Chair of the Task Force.
            (6) Vacancies.--Any vacancy in the Task Force shall be 
        filled in the same manner as the original appointment.
            (7) Agency cooperation.--The Departments and agencies of 
        the executive branch and all offices and entities of the 
        legislative branch of shall--
                    (A) cooperate with the Task Force in carrying out 
                its duties; and
                    (B) furnish it with such information and technical 
                assistance as may be requested, including, but not 
                limited to, views, recommendations, and drafting 
                services on the measures needed to fulfill the Task 
                Force's mandate.
            (8) Reports.--
                    (A) Not later than 270 calendar days after its 
                establishment, the Task Force shall submit a 
                preliminary report of its recommendations to the House 
                of Representatives, the Senate, and the President of 
                the United States.
                    (B) Not later than 120 calendar days after the 
                submission of the preliminary report, the Task Force 
                shall submit a final report of its recommendations to 
                the House of Representatives, the Senate, and the 
                President of the United States.
                    (C) To the greatest extent practicable, the reports 
                issued pursuant to subparagraphs (A) and (B) shall 
                reflect the shared views of all 9 Members of the Task 
                Force but the reports may contain dissenting views.
            (9) Congressional intent.--The enactment of this Act 
        expresses the intent of Congress to pass legislation based upon 
        the Task Force's final report.
            (10) Termination.--Upon issuing the final report under 
        paragraph (8)(B), the Task Force shall terminate.
            (11) Implementation.--Upon receipt of the final Task Force 
        Report under paragraph (8)(B), Congress shall ensure that, as 
        appropriate, Federal laws that do not apply to Puerto Rico or 
        apply differently to the territory than to the several States 
        are amended or repealed to phase-in the equal treatment of 
        Puerto Rico with the several States no later than January 1, 
        2021. Generally, as part of the transition process--
                    (A) all Acts, or parts of Acts, in conflict with 
                the provisions of this Act, whether passed by the 
                Legislature of Puerto Rico or by Congress, shall be 
                repealed or amended to conform to the provisions of 
                this Act;
                    (B) Puerto Rico will cease to be an unincorporated 
                territory of the United States and will become an 
                incorporated territory of the United States until its 
                final admission into the Union as a State no later than 
                January 1, 2021; and
                    (C) with the exception of those parts that are not 
                in conflict with this Act, the following shall be 
                repealed:
                            (i) The Puerto Rican Federal Relations Act 
                        of 1950 (Public Law 81-600).
                            (ii) The Act of July 3, 1950 (48 U.S.C. 
                        731b-731e).
                            (iii) The Act of April 12, 1900 (Public Law 
                        56-191).
                            (iv) The Act of March 2, 1917 (Public Law 
                        64-368).

SEC. 6. ISSUANCE OF PRESIDENTIAL PROCLAMATION.

    Following the completion of the transition process set forth in 
section 5, the President of the United States shall issue a 
proclamation declaring that Puerto Rico is admitted into the Union on 
an equal footing with the other States, effective no later than January 
1, 2021. Upon issuance of the proclamation by the President, Puerto 
Rico shall cease to be an incorporated territory of the United States 
and be deemed admitted into the Union as a State.

SEC. 7. STATE OF PUERTO RICO.

    Upon the admission of Puerto Rico into the Union as a State, the 
following apply:
            (1) Territory.--The newly admitted State of Puerto Rico 
        shall consist of all its islands, together with their 
        appurtenant reefs and territorial waters in the seaward 
        boundary, presently under the jurisdiction of the territory of 
        Puerto Rico.
            (2) Continuity of government.--Persons holding executive, 
        legislative, and judicial offices in the Government of Puerto 
        Rico shall continue to discharge the duties of their respective 
        offices consistent with the United States Constitution and 
        Federal law applicable to Puerto Rico, and the State of Puerto 
        Rico's laws and constitution.
            (3) Continuity of laws.--
                    (A) Territory law.--All of the territory laws in 
                force in Puerto Rico shall continue in force and effect 
                in the State, except as modified by this Act, and shall 
                be subject to repeal or amendment by the legislature 
                and the Governor of Puerto Rico.
                    (B) Federal law.--All of the laws of the United 
                States shall have the same force and effect as on the 
                date immediately prior to the date of admission of 
                Puerto Rico into the Union as a State, except for any 
                provision of law that treats Puerto Rico and its 
                residents differently than the States of the Union and 
                their residents, which shall be amended as of the date 
                of admission to treat the State of Puerto Rico and its 
                residents equally with the other States of the Union 
                and their residents.
            (4) United states citizenship.--No provision of this Act 
        shall operate to confer United States citizenship, nor 
        terminate citizenship hereto lawfully acquired, nor restore 
        citizenship terminated or lost under any law of the United 
        States or under any treaty to which the United States is or was 
        a party.

SEC. 8. SEVERABILITY.

    If any provision of this Act, or any section, subsection, sentence, 
clause, phrase, or individual word, or the application thereof to any 
person or 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 to other 
persons and circumstances shall not be affected thereby.
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