I 

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 GONZA ́LEZ-COLO ́N 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Puerto Rico Statehood 

5 Admission Act’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) United States national sovereignty in Puer4 to Rico was established by the Treaty of Peace be5 tween the United States and the Kingdom of Spain 

6 (30 Stat. 1754), signed on December 10, 1898. 

7 (2) Puerto Rico is governed by the United 

8 States under laws enacted by Congress in the exer9 cise of its power to make rules and regulations gov10 erning territory belonging to the United States, pur11 suant to article IV, section 3, clause 2 of the Con12 stitution. 

13 (3) For reasons of precedent primarily related 

14 to the Philippines also ceded by Spain after the 

15 Spanish-American War, substantially the same ma16 jority in the United States Supreme Court that es17 tablished the ‘‘separate but equal’’ doctrine in Plessy 

18 v. Ferguson determined in the 1901 Downes v. 

19 Bidwell decision that Puerto Rico was an unincor20 porated territory of the United States, a status of 

21 possession that continues today. 

22 (4) On March 2, 1917, Congress granted birth23 right citizenship of the United States by statute for 

24 all persons born in Puerto Rico (39 Stat. 951) to 

25 further integrate Puerto Rico into our Nation. 


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1 (5) Puerto Rico has a territorial constitution 

2 that is republican in form and compatible with the 

3 United States Constitution as well as the principles 

4 of the Declaration of Independence, and that is 

5 equivalent to a State constitution, having been 

6 democratically ratified by the United States citizens 

7 of the territory on November 4, 1952, and subse8 quently approved by the Congress of the United 

9 States through Public Law 82–447. 

10 (6) Thirty-two territories previously have peti11 tioned Congress for statehood based on democrat12 ically expressed consent of the governed, and each 

13 was duly admitted as a State of the Union pursuant 

14 to article IV, section 3, clause 1 of the United States 

15 Constitution, with equal rights and responsibilities of 

16 national and State citizenship under the United 

17 States Constitution. 

18 (7) Puerto Ricans have contributed greatly to 

19 the Nation and its culture and distinguished them20 selves in every field of endeavor. However, the denial 

21 of equal voting representation and equal treatment 

22 by the Federal Government stands in stark contrast 

23 to their contributions. 

24 (8) Since becoming a United States territory, 

25 more than 235,000 United States citizens of Puerto 


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1 Rican heritage have served in the United States 

2 military. 

3 (9) Thousands of military servicemembers of 

4 Puerto Rican heritage have received numerous med5 als, distinctions, and commendations of every degree, 

6 including for valorous military service in the twen7 tieth and twenty-first centuries. 

8 (10) Nine military servicemembers from Puerto 

9 Rico have been awarded the Congressional Medal of 

10 Honor, and many have been awarded the Distin11 guished Service Cross or the Navy Cross. 

12 (11) The 65th Infantry Regiment in Puerto 

13 Rico (known as the ‘‘Borinqueneers’’) was awarded 

14 the Congressional Gold Medal (Public Law 113–120, 

15 enacted June 10, 2014) for its contributions and 

16 sacrifices in the armed conflicts of the United 

17 States, including World War I, World War II, and 

18 the Korean War. 

19 (12) Unincorporated territory status means 

20 that Federal laws can be applied to Puerto Rico and 

21 its American citizens differently, on unequal and 

22 even inequitable terms, compared not only to the 

23 States and their residents, but also unlike territories 

24 that were considered to be parts of the United 


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1 States. This has limited the development of Puerto 

2 Rico and hindered its economy. 

3 (13) Unincorporated territory status has re4 sulted in millions of residents leaving Puerto Rico to 

5 seek greater opportunities and a better quality of life 

6 available in a State. Approximately 65 percent of all 

7 people of Puerto Rican origin now live in the States, 

8 with the increasing rate of population loss in the ter9 ritory creating a severe strain on the local tax base 

10 and workforce participation. 

11 (14) Other than its unincorporated territory 

12 status and its unequal treatment in some laws, 

13 Puerto Rico is socially, economically, politically, and 

14 legally integrated into the Nation. 

15 (15) Puerto Rico has held two plebiscites under 

16 local law on status proposals that are possible under 

17 Federal law in 2012 and 2017. In 2012, a majority 

18 of the vote rejected the current territory status and 

19 61.2 percent chose statehood among the alternatives. 

20 In 2017, 97.1 percent of the vote was for statehood 

21 on a ballot amended as advised by the Department 

22 of Justice. 

23 (16) No United States territory that has peti24 tioned for statehood has been denied admission into 

25 the Union. 


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1 (17) Congress has recognized Puerto Rico’s 

2 ‘‘right to determine its future political status’’ (Pub3 lic Law 114–187, enacted June 20, 2016), which, 

4 consistent with status votes in most territories that 

5 have become States, may include a ‘‘Yes or No’’ vote 

6 on statehood. 

7 (18) Congress has appropriated funding to the 

8 State Elections Commission of Puerto Rico to con9 duct a plebiscite by which Puerto Rican voters will 

10 determine the future political status of Puerto Rico 

11 (Public Law 113–76, enacted January 17, 2014). 

12 (19) Granting equality through statehood to 

13 Puerto Rico is long overdue in light of the historical 

14 contributions of its residents to the United States 

15 and its potential to further strengthen our Union 

16 and the 102 years of political and economic discrimi17 nation against the United States citizens living in 

18 Puerto Rico. 

19 SEC. 3. NATIONAL POLICY DECLARATION. 

20 This Act constitutes the commitment of Congress 

21 that, if Puerto Rico chooses statehood, subject to the pro22 visions stated herein, Puerto Rico shall be declared to be 

23 a State of the United States of America, and shall be ad24 mitted into the Union on an equal footing with the other 

25 States, in all respects, so that the United States citizens 


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1 residing in Puerto Rico shall have all rights, privileges, 

2 and duties enjoyed by the United States citizens in the 

3 several States. 

4 SEC. 4. ADMISSION TO UNION AS STATE. 

5 (a) DEMOCRATIC SELF-DETERMINATION.—In ac6 cordance with applicable laws of Puerto Rico, a political 

7 status plebiscite shall be conducted in conjunction with the 

8 local general election scheduled for November 2020. 

9 (b) BALLOT.—The ballot for the plebiscite conducted 

10 under subsection (a) shall present voters with the ques11 tion: ‘‘Do you approve Puerto Rico’s admission as a State 

12 of the Union on equal footing with all other States? 

13 Yeslll No lll.’’. 

14 (c) CERTIFIED RESULTS.—If statehood is approved 

15 by a majority of the votes cast in the plebiscite conducted 

16 under subsection (a), the President of the State Elections 

17 Commission of Puerto Rico shall certify the results of the 

18 plebiscite and shall transmit the certified results of the 

19 plebiscite to the Governor within 3 days. Not later than 

20 10 days after the date of certification, the Governor shall 

21 declare the results of the plebiscite and transmit the cer22 tified results of the plebiscite to the President of the 

23 United States, the President pro tempore of the Senate, 

24 and the Speaker of the House of Representatives. 


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1 (d) CONTENT OF DECLARATION.—The declaration by 

2 the Governor in subsection (c) shall designate and an3 nounce the dates and other requirements for primary and 

4 general elections under applicable Federal and local law 

5 for representation in the Senate and the House of Rep6 resentatives in accordance with the following: 

7 (1) In the first election of Senators, the two 

8 senatorial offices shall be separately identified and 

9 designated, and no person may be a candidate for 

10 both offices. Nothing in this section shall impair the 

11 privilege of the Senate to determine the class and 

12 term to which each of the Senators-elect shall be as13 signed. 

14 (2) In the first election of a Representative, 

15 Puerto Rico shall be entitled to one Representative 

16 upon its admission into the Union as a State. In the 

17 next election for the United States House of Rep18 resentatives, Puerto Rico shall be entitled to the 

19 same number of Representatives as the State whose 

20 most recent Census population was closest to, but 

21 less than, that of Puerto Rico, and such Representa22 tives shall be in addition to the membership of the 

23 House of Representatives as now prescribed by law: 

24 Provided, that any increase in the membership shall 

25 not operate to either increase or decrease the permaVerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901

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1 nent membership of the House of Representatives as 

2 prescribed in the Act of August 8, 1911 (37 Stat. 

3 13), nor shall such temporary increase affect the 

4 basis of apportionment established by the Act of No5 vember 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for 

6 the Eighty-third Congress and each Congress there7 after, unless Congress acts to increase the total 

8 number of the House of Representatives. Thereafter, 

9 the State of Puerto Rico shall be entitled to such 

10 number of Representatives as provided for by appli11 cable law based on the next reapportionment. 

12 (3) The President of the State Elections Com13 mission of Puerto Rico shall certify the results of 

14 such primary and general elections, and shall trans15 mit the results of each election to the Governor with16 in 3 days following such primary and general elec17 tions. Within 10 days of the date of each certifi18 cation, the Governor shall declare the results of the 

19 primary and general elections, and transmit the re20 sults of each election to the President of the United 

21 States, the President pro tempore of the Senate, and 

22 the Speaker of the House of Representatives. 

23 (e) PRESIDENTIAL PROCLAMATION.—Upon receipt of 

24 the Governor’s declaration pursuant to subsection (c), the 

25 President of the United States shall issue a proclamation 


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1 declaring certified results of the plebiscite and the date 

2 Puerto Rico is admitted as a State of the Union on an 

3 equal footing with all other States, which date must follow 

4 the certification of results of the general elections required 

5 by this Act, but not later than 30 months from the date 

6 on which the aforementioned plebiscite results were cer7 tified. Upon issuance of the proclamation by the Presi8 dent, Puerto Rico shall be deemed admitted into the Union 

9 as a State. 

10 (f) TRANSITION PERIOD.—During the period be11 tween the day on which voters have approved statehood, 

12 and the date of admission as a State of the Union, the 

13 Constitution and laws of the United States shall apply to 

14 Puerto Rico as it applied to the 32 incorporated territories 

15 that became States prior to admission to the Union. 

16 (g) TERMINATION OF ACT IF STATEHOOD NOT AP17 PROVED.—If statehood is not approved by a majority of 

18 the votes cast in the plebiscite conducted under subsection 

19 (a), the provisions of this Act shall cease to be effective. 

20 SEC. 5. PROVISIONS APPLICABLE TO STATE OF PUERTO 

21 RICO. 

22 Upon the admission of the State of Puerto Rico into 

23 the Union, the following shall apply: 

24 (1) PHYSICAL TERRITORY DEFINED.—The 

25 State of Puerto Rico shall consist of all of the isVerDate Sep 11 2014 01:40 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4901.IH H4901

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1 lands, together with their appurtenant reefs, 

2 seafloor, and territorial waters in the seaward 

3 boundary, presently under the jurisdiction of the ter4 ritory of Puerto Rico. 

5 (2) STATE CONSTITUTION.—The Constitution 

6 of the Commonwealth of Puerto Rico, as approved 

7 by Public Law 82–447 and subsequently amended, 

8 shall be accepted as the State Constitution of Puerto 

9 Rico. 

10 (3) CONTINUITY OF LAWS.—All laws of the 

11 United States and laws of Puerto Rico not in con12 flict with this Act shall continue in full force and ef13 fect following the date of admission of Puerto Rico 

14 as a State of the Union. 

15 (4) CONTINUITY OF GOVERNMENT.—The indi16 viduals holding legislative, executive, and judicial of17 fices of Puerto Rico shall continue to discharge the 

18 duties of their respective offices when Puerto Rico 

19 becomes a State of the Union. 

20 (5) CONTINUITY OF OBLIGATIONS.—All con21 tracts, obligations, liabilities, debts, and claims of 

22 the Commonwealth of Puerto Rico and its instru23 mentalities shall continue in full force and effect as 

24 the contracts, obligations, liabilities, debts, and 


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1 claims of the State of Puerto Rico and its instru2 mentalities. 

3 SEC. 6. REPEALS. 

4 All Federal and territorial laws, rules, and regula5 tions applicable to Puerto Rico that are incompatible with 

6 the political and legal status of statehood under the Con7 stitution and the provisions of this Act are repealed and 

8 terminated as of the date of statehood admission pro9 claimed by the President under section 4(e) of this Act. 

10 Except for those parts that are not in conflict with this 

11 Act and the condition of statehood, the following shall be 

12 deemed repealed upon the effective date of the admission 

13 of Puerto Rico as a State: 

14 (1) The Puerto Rican Federal Relations Act of 

15 1950 (Public Law 81–600). 

16 (2) The Act of July 3, 1950 (48 U.S.C. 731b– 

17 731e). 

18 (3) The Act of March 2, 1917 (Public Law 64– 

19 368). 

20 (4) The Act of April 12, 1900 (Public Law 56– 

21 191). 

22 SEC. 7. SEVERABILITY. 

23 If any provision of this Act, or any section, sub24 section, sentence, clause, phrase, or individual word, or the 

25 application thereof to any person or circumstance is held 


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1 invalid, the validity of the remainder of the Act and of 

2 the application of any such provision, section, subsection, 

3 sentence, clause, phrase, or individual word to other per4 sons and circumstances shall not be affected thereby. 

Æ 


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