[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 780 Introduced in Senate (IS)]
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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)
introduced the following bill; which was read twice and referred to the
Committee 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 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) The United States national sovereignty in Puerto Rico
was established by the Treaty of Paris 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) After agreeing to independence for the Philippines,
also acquired through the Spanish-American War, on March 2,
1917, Congress granted statutory United States citizenship to
the residents of Puerto Rico. Such action has historically led
to incorporation and eventual statehood but was denied to
Puerto Rico due to anomalies emanating from the 1901 Downes
ruling and its progeny, even as fellow Americans in Hawaii and
Alaska attained statehood.
(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 American citizens of Puerto Rican heritage have served
in the United States military.
(9) Thousands of United States military service members 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 United States military service members from
Puerto Rico have been awarded the 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) 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) To further recognize and pay tribute to the bravery of
the Puerto Rican soldiers of the 65th Infantry Regiment,
Congress expressed support for the designation of April 13 as
National Borinqueneers Day in the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(13) Unincorporated territory status means that Federal
laws can be applied to Puerto Rico and its American citizens
differently, on unequal and, at times inequitable terms,
compared not only to the States and their residents, but also
unlike territories that are parts of the United States. This
has limited the development of Puerto Rico and hindered its
economy.
(14) Unincorporated territory status has resulted in
millions of residents leaving Puerto Rico to secure equal
rights of citizenship attainable only in a State, and that
enable Americans to seek greater opportunities and a better
quality of life in the States. 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.
(15) Other than its unincorporated territory status and its
unequal treatment under some Federal laws, Puerto Rico is
socially, economically, politically, and legally integrated
into the nation. Numerous territories admitted as States did
not have as strong a record of self-determination favoring
statehood as the majority votes by American citizens in Puerto
Rico favoring admission to the Union.
(16) In November 2012, a majority of voters rejected
continuation of the current territory status, and 61.2 percent
of those expressing a choice on status alternatives chose
statehood.
(17) In June 2017, a vote was held to confirm the
aspirations of the people of Puerto Rico. As advised by the
United States Department of Justice, all available status
options were included in the ballot. Amid an opposition
boycott, statehood received 97 percent of the votes cast, while
independence and the current status received less than 3
percent of the vote.
(18) In November 2020, following Alaska and Hawaii
precedent, Puerto Rico voters were presented with the question:
``Should Puerto Rico be admitted immediately into the Union as
a State? Yes or No''. A clear majority of 52.52 percent voted
in the affirmative.
(19) In December 2020, the Puerto Rico legislature,
following the absolute majority victory obtained by statehood
in the plebiscite, approved a Joint Resolution petitioning, on
behalf of the People of Puerto Rico, that Congress and the
President of the United States admit Puerto Rico into the Union
as a State and appointed official representatives to manage the
transition to statehood.
(20) No large and populous United States territory
inhabited by American citizens that has petitioned for
statehood has been denied admission into the Union.
SEC. 3. ADMISSION.
Subject to the provisions of this Act, and upon issuance of the
proclamation required by section 7(c), the Commonwealth of Puerto Rico
is hereby declared to be a State of the United States of America, and
as such shall be declared admitted into the Union on an equal footing
with the other States in all respects.
SEC. 4. PHYSICAL TERRITORY.
The State of Puerto Rico shall consist of all 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.
SEC. 5. CONSTITUTION.
The constitution of the State of Puerto Rico shall always be
republican in form and shall not be repugnant to the Constitution of
the United States and the principles of the Declaration of
Independence. The constitution of the Commonwealth of Puerto Rico, as
approved by Public Law 82-447 and subsequently amended, is hereby found
to be republican in form and in conformity with the Constitution of the
United States and the principles of the Declaration of Independence,
and is hereby accepted, ratified, and confirmed as the constitution of
said State.
SEC. 6. CERTIFICATION BY PRESIDENT.
Upon enactment of this Act, the President of the United States
shall certify such fact to the Governor of Puerto Rico. Thereupon the
Governor shall, within 30 days after receipt of the official
notification of such approval, issue a proclamation for the election of
Senators and Representatives in Congress.
SEC. 7. RATIFICATION VOTE.
(a) Ratification of Proposition.--At an election designated by
proclamation of the Governor of Puerto Rico, which may be either the
primary or the general election held pursuant to section 8, or a
territorial general election, or a special election, there shall be
submitted to voters, for adoption or rejection, a ballot with the
following ratification question: ``Shall Puerto Rico immediately be
admitted into the Union as a State, in accordance with terms prescribed
in the Act of Congress approved ........... (date of approval of this
Act)?: Yes _____ No _____.''.
(b) Certified Results.--If the foregoing proposition is adopted by
a majority of the votes cast in the election conducted under subsection
(a), the President of the State Elections Commission of Puerto Rico
shall certify the results of the election and shall transmit the
certified results of the election to the Governor. Not later than 10
days after the date of certification, the Governor shall declare the
results of the election and transmit the certified results of the
submission to the President of the United States, the President pro
tempore of the Senate, and the Speaker of the House of Representatives.
(c) Presidential Proclamation.--Upon receipt of the Governor's
declaration pursuant to subsection (b), the President of the United
States shall issue a proclamation declaring certified the results of
the submission 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
section 6 of this Act, but not later than 12 months from the date on
which the aforementioned submission results were certified in order to
facilitate a transition process. Upon issuance of the proclamation by
the President, Puerto Rico shall be deemed admitted into the Union as a
State.
(d) Termination of Act if Proposition Not Adopted.--If the
foregoing proposition is not adopted by a majority votes cast in the
election conducted under subsection (a), the provisions of this Act
shall cease to be effective.
SEC. 8. ELECTION OF OFFICERS / SUBMISSION OF PROPOSITION.
The proclamation by the Governor in section 6 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 Representatives following
admission, and subsequent elections until the next Census-based
reapportionment cycle, 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 such 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 members 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. The
apportionment of congressional districts for the first election
and subsequent election of Representatives shall be conducted
as provided for by the Constitution and laws of Puerto Rico.
(3) The President of the State Elections Commission of
Puerto Rico shall certify the results of such primary and
general elections to the Governor. 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.
SEC. 9. CONTINUITY OF LAWS, GOVERNMENT, AND OBLIGATIONS.
Upon the admission of the State of Puerto Rico into the Union, the
following shall apply:
(1) 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.
(2) 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.
(3) 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.
(4) Title to property.--The State of Puerto Rico and its
political subdivisions, as the case may be, shall have and
retain title to all lands and other properties, real and
personal, over which the territory and its subdivisions
presently hold title. The United States shall retain title to
all property, real and personal, to which it presently has
title, including public lands.
SEC. 10. REPEALS.
All Federal and territorial laws, rules, and regulations, or parts
of 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 7(c) 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. 11. 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 by a court of jurisdiction, 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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