Puerto Rico Statehood Admission Process Act

Summary: Puerto Rico Statehood Admission Process Act  Authorizes the State Elections Commission of Puerto Rico to provide for a vote on Puerto Rico's admission into the Union as a state within one year of this Act's enactment. Requires the governor of Puerto Rico to transmit the results of such vote to the President, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate within 10 days after the certification of the vote by the Commission. Directs the President, if a majority of the votes cast are for Puerto Rico's admission as a state: (1) within 30 calendar days of receipt of the certified results, to issue a proclamation to begin the transition process that will culminate in Puerto Rico's admission as a state effective January 1, 2021; and (2) within 90 calendar days of such receipt, to appoint a Commission on the Equal Application of Federal Law to Puerto Rico, which shall survey U.S. laws and submit recommendations to Congress by July 1, 2018, as to how laws that do not apply, or that apply differently, to the territory should be amended or repealed to treat Puerto Rico equally. Requires Puerto Rico to carry out necessary actions by January 1, 2020, to enable it to hold elections for federal office in November 2020, including the election to the 117th Congress of two U.S. Senators and the number of Representatives to which it would have been entitled for the 116th Congress if it had been a state during such Congress. Provides for a temporary increase in the membership of the House of Representatives initially and a permanent increase effective with the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2020. Requires the President, following a transition process, to issue a proclamation declaring that Puerto Rico is admitted to the Union on an equal footing with the other states, effective January 1, 2021. Sets forth provisions regarding the continuity of government and the continuity of laws of Puerto Rico.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Puerto Rico Statehood Admission 
Process Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 1898, Puerto Rico became a United States territory 
        and persons born in Puerto Rico have been granted United States 
        citizenship since 1917, pursuant to Public Law 64-368.
            (2) In 1950, Congress enacted Public Law 81-600, 
        authorizing Puerto Rico to draft a local constitution. In 1951, 
        a constitutional convention was held in Puerto Rico to draft 
        the constitution. On March 3, 1952, Puerto Rico ratified the 
        constitution and submitted it for approval by Congress. On July 
        3, 1952, Congress enacted Public Law 82-447, which made changes 
        to the constitution, and approved the constitution subject to 
        Puerto Rico's acceptance of these changes. The changes were 
        accepted by the delegates to the constitutional convention, and 
        the constitution of Puerto Rico took effect on July 25, 1952. 
        The constitution establishes a republican form of government, 
        is not repugnant to the Constitution of the United States, and 
        is the functional equivalent of a state constitution.
            (3) On November 6, 2012, the Government of Puerto Rico held 
        a two-part plebiscite organized under local law. The first 
        question asked voters if Puerto Rico should continue to be a 
        territory, and 54 percent of voters rejected territory status. 
        The second question asked voters to express their preference 
        among the three possible alternatives to territory status--
        statehood, independence, and nationhood in free association 
        with the United States--and 61 percent of 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.
            (4) On August 1, 2013, the Committee on Energy and Natural 
        Resources of the Senate held a hearing to receive testimony on 
        the 2012 plebiscite. In his opening statement, the Chairman of 
        the Committee said that ``there is no disputing that a majority 
        of the voters in Puerto Rico--54 percent--have clearly 
        expressed their opposition to continuing the current 
        territorial status''. The ranking minority member of the 
        Committee agreed, stating that ``it is clear to me that the 
        majority of Puerto Ricans do not favor the current territorial 
        status''.
            (5) Also at the August 1, 2013 hearing, the Chairman 
        recognized that ``for Puerto Rico to meet its economic and 
        social challenges and to achieve its full potential, this 
        debate over status needs to be settled'' and that ``the current 
        relationship undermines the United States' moral standing in 
        the world. For a nation founded on the principles of democracy 
        and the consent of the governed, how much longer can America 
        allow a condition to persist in which nearly four million U.S. 
        citizens do not have a vote in the government that makes the 
        national laws which affect their daily lives?'' The Chairman 
        acknowledged that, for Puerto Rico to have full self-
        government, it must become ``a sovereign nation or achieve 
        equality among the States of the Union''.
            (6) The President's Fiscal Year 2014 Budget requested $2.5 
        million for the first Federally sponsored plebiscite in Puerto 
        Rico's history, to be held on options that would ``resolve 
        Puerto Rico's future political status'' and that are found by 
        the Department of Justice not to be ``incompatible with the 
        Constitution and laws and policies of the United States''. This 
        proposal was enacted in January 2014 as part of Public Law 113-
        76.
            (7) Alaska and Hawaii are the most recent territories to 
        become States of the Union. Public Law 85-508 (July 7, 1958), 
        ``an act to provide for the admission of the State of Alaska 
        into the Union'', and Public Law 86-3 (March 18, 1959), ``an 
        act to provide for the admission of the State of Hawaii into 
        the Union'', were enacted after a majority of voters in each 
        territory expressed a desire for statehood in plebiscites 
        organized under local law. These Acts of Congress provided that 
        admission would occur if a majority of voters affirmed in a 
        Federally sponsored plebiscite that the territory should ``be 
        admitted into the Union as a State''. The Federally sponsored 
        plebiscite in the territory of Alaska was held on August 26, 
        1958, and Alaska was admitted into the Union on January 3, 
        1959. The Federally sponsored plebiscite in the territory of 
        Hawaii was held on June 27, 1959, and Hawaii was admitted into 
        the Union on August 21, 1959.

SEC. 3. VOTE ON ADMISSION.

    (a) Vote.--The State Elections Commission of Puerto Rico is 
authorized to provide for a vote on the admission of Puerto Rico into 
the Union as a State within one year of the date of enactment of this 
Act, in accordance with rules and regulations determined by the 
Commission, including qualifications for voter eligibility. The ballot 
shall ask the following question: ``Shall Puerto Rico be admitted as a 
State of the United States? Yes__ No__''.
    (b) Funds for Vote.--The funds made available pursuant to Public 
Law 113-76 may be used to conduct the vote.

SEC. 4. CERTIFICATION AND TRANSMITTAL OF RESULTS.

    Not later than 10 days after the certification of the vote by the 
State Elections Commission of Puerto Rico, the Governor of Puerto Rico 
shall transmit the certified results to the President of the United 
States, the Speaker of the House of Representatives, and the President 
Pro Tempore of the Senate.

SEC. 5. TRANSITION PROCESS.

    If a majority of the votes cast in the vote conducted pursuant to 
section 3 are for Puerto Rico's admission into the Union as a State--
     (a) Proclamation.--Within 30 calendar days of receipt of the 
certified results transmitted pursuant to section 4, the President 
shall issue a proclamation to begin the transition process that will 
culminate in Puerto Rico's admission into the Union as a State 
effective January 1, 2021.
    (b) Commission.--Within 90 calendar days of receipt of the 
certified results transmitted pursuant to section 4, the President 
shall appoint a Commission on the Equal Application of Federal Law to 
Puerto Rico.
            (1) Purpose.--The Commission shall survey the laws of the 
        United States and make recommendations to Congress as to how 
        laws that do not apply to the territory or apply differently to 
        the territory than to the several States should be amended or 
        repealed to treat Puerto Rico equally with the several States 
        as of the date of the admission of Puerto Rico into the Union 
        as a State.
            (2) Membership.--The Commission shall consist of five 
        persons, at least two of whom shall be residents of Puerto 
        Rico.
            (3) Report.--The Commission shall issue a final report to 
        the President of the United States, the Speaker of the House of 
        Representatives, and the President Pro Tempore of the Senate by 
        July 1, 2018.
            (4) Termination.--Upon issuing the final report under 
        paragraph (3), the Commission shall terminate.
            (5) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.), other than section 14, shall 
        apply to the Commission.

SEC. 6. RULES FOR ELECTIONS FOR FEDERAL OFFICES.

    (a) Preparation for Elections.--Not later than January 1, 2020, 
Puerto Rico shall carry out such actions as may be necessary to enable 
Puerto Rico to hold elections for Federal office in November 2020 in 
accordance with this section.
    (b) Presidential Election.--With respect to the election for the 
office of President and Vice President held in November 2020--
            (1) Puerto Rico shall be considered a State for purposes of 
        chapter 21 of title 3, United States Code;
            (2) the electors of Puerto Rico shall be considered 
        electors of a State for purposes of such chapter; and
            (3) for purposes of section 3 of such title, the number of 
        electors from Puerto Rico shall be equal to the number of 
        Senators and Representatives to which Puerto Rico is entitled 
        during the One Hundred Seventeenth Congress, as determined in 
        accordance with subsections (c) and (d).
    (c) Election of Senators.--
            (1) Election of 2 senators.--The regularly scheduled 
        general elections for Federal office held in Puerto Rico during 
        November 2020 shall include the election of 2 Senators, each of 
        whom shall first take office on the first day of the One 
        Hundred Seventeenth Congress.
            (2) Special rule.--In the election of Senators from Puerto 
        Rico pursuant to paragraph (1), the 2 Senate offices shall be 
        separately identified and designated, and no person may be a 
        candidate for both offices. No such identification or 
        designation of either of the offices shall refer to or be taken 
        to refer to the terms of such offices, or in any way impair the 
        privilege of the Senate to determine the class to which each of 
        the Senators elected shall be assigned.
    (d) Election of Representatives.--
            (1) In general.--Effective on the first day of the One 
        Hundred Seventeenth Congress, and until the taking effect of 
        the first reapportionment occurring after the regular decennial 
        census conducted for 2020, Puerto Rico shall be entitled to the 
        number of Representatives to which it would have been entitled 
        for the One Hundred Sixteenth Congress if Puerto Rico had been 
        a State during such Congress, as shown in the statement 
        transmitted by the President to Congress under paragraph (2).
            (2) Determination of initial number.--
                    (A) Determination.--Not later than July 1, 2019, 
                the President shall submit to Congress a statement of 
                the number of Representatives to which Puerto Rico 
                would have been entitled for the One Hundred Sixteenth 
                Congress if Puerto Rico had been a State during such 
                Congress, in the same manner as provided under section 
                22(a) of the Act entitled ``An Act to provide for the 
                fifteenth and subsequent decennial censuses and to 
                provide for apportionment of Representatives in 
                Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)).
                    (B) Submission of number by clerk.--Not later than 
                15 calendar days after receiving the statement of the 
                President under subparagraph (A), the Clerk of the 
                House of Representatives, in accordance with section 
                22(b) of such Act (2 U.S.C. 2a(b)), shall transmit to 
                the Governor of Puerto Rico and the Speaker of the 
                House of Representatives a certificate of the number of 
                Representatives to which Puerto Rico is entitled during 
                the period described in paragraph (1).
            (3) Termination of office of resident commissioner.--
        Effective on the date on which a Representative from Puerto 
        Rico first takes office in accordance with this subsection, the 
        Office of the Resident Commissioner to the United States, as 
        described in section 36 of the Act of March 2, 1917 (48 U.S.C. 
        891 et seq.), is terminated.
    (e) Administration of Primary Elections.--Puerto Rico may hold 
primary elections for the offices described in this section at such 
time and in such manner as Puerto Rico may provide, so long as such 
elections are held in the manner required by the laws applicable to 
elections for Federal office.

SEC. 7. ISSUANCE OF PRESIDENTIAL PROCLAMATION.

    Following the transition process set forth in section 5, the 
President shall issue a proclamation declaring that Puerto Rico is 
admitted into the Union on an equal footing with the other States, 
effective January 1, 2021. Upon issuance of the proclamation by the 
President, Puerto Rico shall be deemed admitted into the Union as a 
State.

SEC. 8. STATE OF PUERTO RICO.

    Upon the admission of Puerto Rico into the Union as a State--
     (a) State Constitution.--The Constitution of the Commonwealth of 
Puerto Rico shall be accepted as the Constitution of the State.
    (b) Territory.--The State shall consist of all of the territory, 
together with the waters included in the seaward boundary, of the 
Commonwealth of Puerto Rico.
    (c) Continuity of Government.--The persons holding legislative, 
executive, and judicial offices of the Commonwealth of Puerto Rico 
shall continue to discharge the duties of their respective offices.
    (d) Continuity of Laws.--
            (1) 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.
            (2) 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.

SEC. 9. EFFECT ON MEMBERSHIP OF HOUSE OF REPRESENTATIVES.

    (a) Temporary Increase During Initial Period.--
            (1) Temporary increase.--During the period described in 
        paragraph (1) of section 6(d)--
                    (A) the membership of the House of Representatives 
                shall be increased by the number of Members to which 
                Puerto Rico is entitled during such period; and
                    (B) each such Representative shall be in addition 
                to the membership of the House of Representatives as 
                now prescribed by law.
            (2) No effect on existing apportionment.--The temporary 
        increase in the membership of the House of Representatives 
        provided under paragraph (1) shall not, during the period 
        described in paragraph (1) of section 6(d)--
                    (A) operate to either increase or decrease the 
                permanent membership of the House of Representatives as 
                prescribed in the Act of August 8, 1911 (2 U.S.C. 2); 
                or
                    (B) affect the basis of reapportionment established 
                by the Act of June 28, 1929, as amended (2 U.S.C. 2a), 
                for the Eighty Second Congress and each Congress 
                thereafter.
    (b) Permanent Increase Effective With Next Reapportionment.--
            (1) In general.--Effective with respect to the One Hundred 
        Eighteenth Congress and each succeeding Congress, the House of 
        Representatives shall be composed of a number of Members equal 
        to the sum of 435 plus the number by which the membership of 
        the House was increased under subsection (a).
            (2) Reapportionment of members resulting from increase.--
                    (A) In general.--Section 22(a) of the Act entitled 
                ``An Act to provide for the fifteenth and subsequent 
                decennial censuses and to provide for apportionment of 
                Representatives in Congress'', approved June 28, 1929 
                (2 U.S.C. 2a(a)), is amended by striking ``the then 
                existing number of Representatives'' and inserting 
                ``the number of Representatives established with 
                respect to the One Hundred Eighteenth Congress''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall apply with respect to the 
                regular decennial census conducted for 2020 and each 
                subsequent regular decennial census.