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[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.

_______________________________________________________________________

                    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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