[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4901 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4901
To enable the admission of Puerto Rico as a State of the Union, and for
other purposes.
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IN THE HOUSE OF REPRESENTATIVES
October 29, 2019
Mr. Serrano (for himself, Miss Gonzalez-Colon 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 Maryland, 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Statehood Admission
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) United States national sovereignty in Puerto Rico was
established by the Treaty of Peace between the United States
and the Kingdom of Spain (30 Stat. 1754), signed on December
10, 1898.
(2) Puerto Rico is governed by the United States under laws
enacted by Congress in the exercise of its power to make rules
and regulations governing territory belonging to the United
States, pursuant to article IV, section 3, clause 2 of the
Constitution.
(3) For reasons of precedent primarily related to the
Philippines also ceded by Spain after the Spanish-American War,
substantially the same majority in the United States Supreme
Court that established the ``separate but equal'' doctrine in
Plessy v. Ferguson determined in the 1901 Downes v. Bidwell
decision that Puerto Rico was an unincorporated territory of
the United States, a status of possession that continues today.
(4) On March 2, 1917, Congress granted birthright
citizenship of the United States by statute for all persons
born in Puerto Rico (39 Stat. 951) to further integrate Puerto
Rico into our Nation.
(5) Puerto Rico has a territorial constitution that is
republican in form and compatible with the United States
Constitution as well as the principles of the Declaration of
Independence, and that is equivalent to a State constitution,
having been democratically ratified by the United States
citizens of the territory on November 4, 1952, and subsequently
approved by the Congress of the United States through Public
Law 82-447.
(6) Thirty-two territories previously have petitioned
Congress for statehood based on democratically expressed
consent of the governed, and each was duly admitted as a State
of the Union pursuant to article IV, section 3, clause 1 of the
United States Constitution, with equal rights and
responsibilities of national and State citizenship under the
United States Constitution.
(7) Puerto Ricans have contributed greatly to the Nation
and its culture and distinguished themselves in every field of
endeavor. However, the denial of equal voting representation
and equal treatment by the Federal Government stands in stark
contrast to their contributions.
(8) Since becoming a United States territory, more than
235,000 United States citizens of Puerto Rican heritage have
served in the United States military.
(9) Thousands of military servicemembers of Puerto Rican
heritage have received numerous medals, distinctions, and
commendations of every degree, including for valorous military
service in the twentieth and twenty-first centuries.
(10) Nine military servicemembers from Puerto Rico have
been awarded the Congressional Medal of Honor, and many have
been awarded the Distinguished Service Cross or the Navy Cross.
(11) The 65th Infantry Regiment in Puerto Rico (known as
the ``Borinqueneers'') was awarded the Congressional Gold Medal
(Public Law 113-120, enacted June 10, 2014) for its
contributions and sacrifices in the armed conflicts of the
United States, including World War I, World War II, and the
Korean War.
(12) Unincorporated territory status means that Federal
laws can be applied to Puerto Rico and its American citizens
differently, on unequal and even inequitable terms, compared
not only to the States and their residents, but also unlike
territories that were considered to be parts of the United
States. This has limited the development of Puerto Rico and
hindered its economy.
(13) Unincorporated territory status has resulted in
millions of residents leaving Puerto Rico to seek greater
opportunities and a better quality of life available in a
State. Approximately 65 percent of all people of Puerto Rican
origin now live in the States, with the increasing rate of
population loss in the territory creating a severe strain on
the local tax base and workforce participation.
(14) Other than its unincorporated territory status and its
unequal treatment in some laws, Puerto Rico is socially,
economically, politically, and legally integrated into the
Nation.
(15) Puerto Rico has held two plebiscites under local law
on status proposals that are possible under Federal law in 2012
and 2017. In 2012, a majority of the vote rejected the current
territory status and 61.2 percent chose statehood among the
alternatives. In 2017, 97.1 percent of the vote was for
statehood on a ballot amended as advised by the Department of
Justice.
(16) No United States territory that has petitioned for
statehood has been denied admission into the Union.
(17) Congress has recognized Puerto Rico's ``right to
determine its future political status'' (Public Law 114-187,
enacted June 20, 2016), which, consistent with status votes in
most territories that have become States, may include a ``Yes
or No'' vote on statehood.
(18) Congress has appropriated funding to the State
Elections Commission of Puerto Rico to conduct a plebiscite by
which Puerto Rican voters will determine the future political
status of Puerto Rico (Public Law 113-76, enacted January 17,
2014).
(19) Granting equality through statehood to Puerto Rico is
long overdue in light of the historical contributions of its
residents to the United States and its potential to further
strengthen our Union and the 102 years of political and
economic discrimination against the United States citizens
living in Puerto Rico.
SEC. 3. NATIONAL POLICY DECLARATION.
This Act constitutes the commitment of Congress that, if Puerto
Rico chooses statehood, subject to the provisions stated herein, Puerto
Rico shall be declared to be a State of the United States of America,
and shall be admitted into the Union on an equal footing with the other
States, in all respects, so that the United States citizens residing in
Puerto Rico shall have all rights, privileges, and duties enjoyed by
the United States citizens in the several States.
SEC. 4. ADMISSION TO UNION AS STATE.
(a) Democratic Self-Determination.--In accordance with applicable
laws of Puerto Rico, a political status plebiscite shall be conducted
in conjunction with the local general election scheduled for November
2020.
(b) Ballot.--The ballot for the plebiscite conducted under
subsection (a) shall present voters with the question: ``Do you approve
Puerto Rico's admission as a State of the Union on equal footing with
all other States? Yes___ No ___.''.
(c) Certified Results.--If statehood is approved by a majority of
the votes cast in the plebiscite conducted under subsection (a), the
President of the State Elections Commission of Puerto Rico shall
certify the results of the plebiscite and shall transmit the certified
results of the plebiscite to the Governor within 3 days. Not later than
10 days after the date of certification, the Governor shall declare the
results of the plebiscite and transmit the certified results of the
plebiscite to the President of the United States, the President pro
tempore of the Senate, and the Speaker of the House of Representatives.
(d) Content of Declaration.--The declaration by the Governor in
subsection (c) shall designate and announce the dates and other
requirements for primary and general elections under applicable Federal
and local law for representation in the Senate and the House of
Representatives in accordance with the following:
(1) In the first election of Senators, the two senatorial
offices shall be separately identified and designated, and no
person may be a candidate for both offices. Nothing in this
section shall impair the privilege of the Senate to determine
the class and term to which each of the Senators-elect shall be
assigned.
(2) In the first election of a Representative, Puerto Rico
shall be entitled to one Representative upon its admission into
the Union as a State. In the next election for the United
States House of Representatives, Puerto Rico shall be entitled
to the same number of Representatives as the State whose most
recent Census population was closest to, but less than, that of
Puerto Rico, and such Representatives shall be in addition to
the membership of the House of Representatives as now
prescribed by law: Provided, that any 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. 2a), for the Eighty-third Congress and each Congress
thereafter, unless Congress acts to increase the total number
of the House of Representatives. Thereafter, the State of
Puerto Rico shall be entitled to such number of Representatives
as provided for by applicable law based on the next
reapportionment.
(3) The President of the State Elections Commission of
Puerto Rico shall certify the results of such primary and
general elections, and shall transmit the results of each
election to the Governor within 3 days following such primary
and general elections. Within 10 days of the date of each
certification, the Governor shall declare the results of the
primary and general elections, and transmit the results of each
election to the President of the United States, the President
pro tempore of the Senate, and the Speaker of the House of
Representatives.
(e) Presidential Proclamation.--Upon receipt of the Governor's
declaration pursuant to subsection (c), the President of the United
States shall issue a proclamation declaring certified results of the
plebiscite and the date Puerto Rico is admitted as a State of the Union
on an equal footing with all other States, which date must follow the
certification of results of the general elections required by this Act,
but not later than 30 months from the date on which the aforementioned
plebiscite results were certified. Upon issuance of the proclamation by
the President, Puerto Rico shall be deemed admitted into the Union as a
State.
(f) Transition Period.--During the period between the day on which
voters have approved statehood, and the date of admission as a State of
the Union, the Constitution and laws of the United States shall apply
to Puerto Rico as it applied to the 32 incorporated territories that
became States prior to admission to the Union.
(g) Termination of Act if Statehood Not Approved.--If statehood is
not approved by a majority of the votes cast in the plebiscite
conducted under subsection (a), the provisions of this Act shall cease
to be effective.
SEC. 5. PROVISIONS APPLICABLE TO STATE OF PUERTO RICO.
Upon the admission of the State of Puerto Rico into the Union, the
following shall apply:
(1) Physical territory defined.--The State of Puerto Rico
shall consist of all of the islands, together with their
appurtenant reefs, seafloor, and territorial waters in the
seaward boundary, presently under the jurisdiction of the
territory of Puerto Rico.
(2) State constitution.--The Constitution of the
Commonwealth of Puerto Rico, as approved by Public Law 82-447
and subsequently amended, shall be accepted as the State
Constitution of Puerto Rico.
(3) Continuity of laws.--All laws of the United States and
laws of Puerto Rico not in conflict with this Act shall
continue in full force and effect following the date of
admission of Puerto Rico as a State of the Union.
(4) Continuity of government.--The individuals holding
legislative, executive, and judicial offices of Puerto Rico
shall continue to discharge the duties of their respective
offices when Puerto Rico becomes a State of the Union.
(5) Continuity of obligations.--All contracts, obligations,
liabilities, debts, and claims of the Commonwealth of Puerto
Rico and its instrumentalities shall continue in full force and
effect as the contracts, obligations, liabilities, debts, and
claims of the State of Puerto Rico and its instrumentalities.
SEC. 6. REPEALS.
All Federal and territorial laws, rules, and regulations applicable
to Puerto Rico that are incompatible with the political and legal
status of statehood under the Constitution and the provisions of this
Act are repealed and terminated as of the date of statehood admission
proclaimed by the President under section 4(e) of this Act. Except for
those parts that are not in conflict with this Act and the condition of
statehood, the following shall be deemed repealed upon the effective
date of the admission of Puerto Rico as a State:
(1) The Puerto Rican Federal Relations Act of 1950 (Public
Law 81-600).
(2) The Act of July 3, 1950 (48 U.S.C. 731b-731e).
(3) The Act of March 2, 1917 (Public Law 64-368).
(4) The Act of April 12, 1900 (Public Law 56-191).
SEC. 7. 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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