II 

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. 

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’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) The United States national sovereignty in 

9 Puerto Rico was established by the Treaty of Paris 

10 between the United States and the Kingdom of 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 780 IS

1 Spain (30 Stat. 1754), signed on December 10, 

2 1898. 

3 (2) Puerto Rico is governed by the United 

4 States under laws enacted by Congress in the exer5 cise of its power to make rules and regulations gov6 erning territory belonging to the United States, pur7 suant to article IV, section 3, clause 2 of the Con8 stitution. 

9 (3) For reasons of precedent primarily related 

10 to the Philippines also ceded by Spain after the 

11 Spanish-American War, substantially the same ma12 jority in the United States Supreme Court that es13 tablished the ‘‘separate but equal’’ doctrine in Plessy 

14 v. Ferguson determined in the 1901 Downes v. 

15 Bidwell decision that Puerto Rico was an unincor16 porated territory of the United States, a status of 

17 possession that continues today. 

18 (4) After agreeing to independence for the Phil19 ippines, also acquired through the Spanish-American 

20 War, on March 2, 1917, Congress granted statutory 

21 United States citizenship to the residents of Puerto 

22 Rico. Such action has historically led to incorpora23 tion and eventual statehood but was denied to Puer24 to Rico due to anomalies emanating from the 1901 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 780 IS

1 Downes ruling and its progeny, even as fellow Amer2 icans in Hawaii and Alaska attained statehood. 

3 (5) Puerto Rico has a territorial constitution 

4 that is republican in form and compatible with the 

5 United States Constitution as well as the principles 

6 of the Declaration of Independence, and that is 

7 equivalent to a State constitution, having been 

8 democratically ratified by the United States citizens 

9 of the territory on November 4, 1952, and subse10 quently approved by the Congress of the United 

11 States through Public Law 82–447. 

12 (6) Thirty-two territories previously have peti13 tioned Congress for statehood based on democrat14 ically expressed consent of the governed, and each 

15 was duly admitted as a State of the Union pursuant 

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

17 Constitution, with equal rights and responsibilities of 

18 national and State citizenship under the United 

19 States Constitution. 

20 (7) Puerto Ricans have contributed greatly to 

21 the nation and its culture and distinguished them22 selves in every field of endeavor. However, the denial 

23 of equal voting representation and equal treatment 

24 by the Federal Government stands in stark contrast 

25 to their contributions. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 780 IS

1 (8) Since becoming a United States territory, 

2 more than 235,000 American citizens of Puerto 

3 Rican heritage have served in the United States 

4 military. 

5 (9) Thousands of United States military service 

6 members of Puerto Rican heritage have received nu7 merous medals, distinctions, and commendations of 

8 every degree, including for valorous military service 

9 in the twentieth and twenty-first centuries. 

10 (10) Nine United States military service mem11 bers from Puerto Rico have been awarded the Medal 

12 of Honor, and many have been awarded the Distin13 guished Service Cross or the Navy Cross. 

14 (11) The 65th Infantry Regiment in Puerto 

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

16 the Congressional Gold Medal (Public Law 113– 

17 120) for its contributions and sacrifices in the 

18 armed conflicts of the United States, including 

19 World War I, World War II, and the Korean War. 

20 (12) To further recognize and pay tribute to 

21 the bravery of the Puerto Rican soldiers of the 65th 

22 Infantry Regiment, Congress expressed support for 

23 the designation of April 13 as National 

24 Borinqueneers Day in the National Defense AuthorVerDate Sep 11 2014 18:17 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S780.IS S780

pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 780 IS

1 ization Act for Fiscal Year 2021 (Public Law 116– 

2 283). 

3 (13) Unincorporated territory status means 

4 that Federal laws can be applied to Puerto Rico and 

5 its American citizens differently, on unequal and, at 

6 times inequitable terms, compared not only to the 

7 States and their residents, but also unlike territories 

8 that are parts of the United States. This has limited 

9 the development of Puerto Rico and hindered its 

10 economy. 

11 (14) Unincorporated territory status has re12 sulted in millions of residents leaving Puerto Rico to 

13 secure equal rights of citizenship attainable only in 

14 a State, and that enable Americans to seek greater 

15 opportunities and a better quality of life in the 

16 States. Approximately 65 percent of all people of 

17 Puerto Rican origin now live in the States, with the 

18 increasing rate of population loss in the territory 

19 creating a severe strain on the local tax base and 

20 workforce participation. 

21 (15) Other than its unincorporated territory 

22 status and its unequal treatment under some Fed23 eral laws, Puerto Rico is socially, economically, po24 litically, and legally integrated into the nation. Nu25 merous territories admitted as States did not have 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 780 IS

1 as strong a record of self-determination favoring 

2 statehood as the majority votes by American citizens 

3 in Puerto Rico favoring admission to the Union. 

4 (16) In November 2012, a majority of voters 

5 rejected continuation of the current territory status, 

6 and 61.2 percent of those expressing a choice on sta7 tus alternatives chose statehood. 

8 (17) In June 2017, a vote was held to confirm 

9 the aspirations of the people of Puerto Rico. As ad10 vised by the United States Department of Justice, 

11 all available status options were included in the bal12 lot. Amid an opposition boycott, statehood received 

13 97 percent of the votes cast, while independence and 

14 the current status received less than 3 percent of the 

15 vote. 

16 (18) In November 2020, following Alaska and 

17 Hawaii precedent, Puerto Rico voters were presented 

18 with the question: ‘‘Should Puerto Rico be admitted 

19 immediately into the Union as a State? Yes or No’’. 

20 A clear majority of 52.52 percent voted in the af21 firmative. 

22 (19) In December 2020, the Puerto Rico legis23 lature, following the absolute majority victory ob24 tained by statehood in the plebiscite, approved a 

25 Joint Resolution petitioning, on behalf of the People 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 780 IS

1 of Puerto Rico, that Congress and the President of 

2 the United States admit Puerto Rico into the Union 

3 as a State and appointed official representatives to 

4 manage the transition to statehood. 

5 (20) No large and populous United States terri6 tory inhabited by American citizens that has peti7 tioned for statehood has been denied admission into 

8 the Union. 

9 SEC. 3. ADMISSION. 

10 Subject to the provisions of this Act, and upon 

11 issuance of the proclamation required by section 7(c), the 

12 Commonwealth of Puerto Rico is hereby declared to be 

13 a State of the United States of America, and as such shall 

14 be declared admitted into the Union on an equal footing 

15 with the other States in all respects. 

16 SEC. 4. PHYSICAL TERRITORY. 

17 The State of Puerto Rico shall consist of all the is18 lands, together with their appurtenant reefs, seafloor, and 

19 territorial waters in the seaward boundary, presently 

20 under the jurisdiction of the territory of Puerto Rico. 

21 SEC. 5. CONSTITUTION. 

22 The constitution of the State of Puerto Rico shall al23 ways be republican in form and shall not be repugnant 

24 to the Constitution of the United States and the principles 

25 of the Declaration of Independence. The constitution of 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 780 IS

1 the Commonwealth of Puerto Rico, as approved by Public 

2 Law 82–447 and subsequently amended, is hereby found 

3 to be republican in form and in conformity with the Con4 stitution of the United States and the principles of the 

5 Declaration of Independence, and is hereby accepted, rati6 fied, and confirmed as the constitution of said State. 

7 SEC. 6. CERTIFICATION BY PRESIDENT. 

8 Upon enactment of this Act, the President of the 

9 United States shall certify such fact to the Governor of 

10 Puerto Rico. Thereupon the Governor shall, within 30 

11 days after receipt of the official notification of such ap12 proval, issue a proclamation for the election of Senators 

13 and Representatives in Congress. 

14 SEC. 7. RATIFICATION VOTE. 

15 (a) RATIFICATION OF PROPOSITION.—At an election 

16 designated by proclamation of the Governor of Puerto 

17 Rico, which may be either the primary or the general elec18 tion held pursuant to section 8, or a territorial general 

19 election, or a special election, there shall be submitted to 

20 voters, for adoption or rejection, a ballot with the following 

21 ratification question: ‘‘Shall Puerto Rico immediately be 

22 admitted into the Union as a State, in accordance with 

23 terms prescribed in the Act of Congress approved ........... 

24 (date of approval of this Act)?: Yes lllll No 

25 lllll.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 780 IS

1 (b) CERTIFIED RESULTS.—If the foregoing propo2 sition is adopted by a majority of the votes cast in the 

3 election conducted under subsection (a), the President of 

4 the State Elections Commission of Puerto Rico shall cer5 tify the results of the election and shall transmit the cer6 tified results of the election to the Governor. Not later 

7 than 10 days after the date of certification, the Governor 

8 shall declare the results of the election and transmit the 

9 certified results of the submission to the President of the 

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

11 and the Speaker of the House of Representatives. 

12 (c) PRESIDENTIAL PROCLAMATION.—Upon receipt of 

13 the Governor’s declaration pursuant to subsection (b), the 

14 President of the United States shall issue a proclamation 

15 declaring certified the results of the submission and the 

16 date Puerto Rico is admitted as a State of the Union on 

17 an equal footing with all other States, which date must 

18 follow the certification of results of the general elections 

19 required by section 6 of this Act, but not later than 12 

20 months from the date on which the aforementioned sub21 mission results were certified in order to facilitate a tran22 sition process. Upon issuance of the proclamation by the 

23 President, Puerto Rico shall be deemed admitted into the 

24 Union as a State. 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 780 IS

1 (d) TERMINATION OF ACT IF PROPOSITION NOT

2 ADOPTED.—If the foregoing proposition is not adopted by 

3 a majority votes cast in the election conducted under sub4 section (a), the provisions of this Act shall cease to be 

5 effective. 

6 SEC. 8. ELECTION OF OFFICERS / SUBMISSION OF PROPO7 SITION. 

8 The proclamation by the Governor in section 6 shall 

9 designate and announce the dates and other requirements 

10 for primary and general elections under applicable Federal 

11 and local law for representation in the Senate and the 

12 House of Representatives in accordance with the following: 

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

14 senatorial offices shall be separately identified and 

15 designated, and no person may be a candidate for 

16 both offices. Nothing in this section shall impair the 

17 privilege of the Senate to determine the class and 

18 term to which each of the Senators-elect shall be as19 signed. 

20 (2) In the first election of Representatives fol21 lowing admission, and subsequent elections until the 

22 next Census-based reapportionment cycle, Puerto 

23 Rico shall be entitled to the same number of Rep24 resentatives as the State whose most recent Census 

25 population was closest to, but less than, that of 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 780 IS

1 Puerto Rico, and such Representatives shall be in 

2 addition to the membership of the House of Rep3 resentatives as now prescribed by law: Provided, that 

4 any such increase in the membership shall not oper5 ate to either increase or decrease the permanent 

6 membership of the House of Representatives as pre7 scribed in the Act of August 8, 1911 (37 Stat. 13), 

8 nor shall such temporary increase affect the basis of 

9 apportionment established by the Act of November 

10 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 

11 Eighty-third Congress and each Congress thereafter, 

12 unless Congress acts to increase the total number of 

13 members of the House of Representatives. There14 after, the State of Puerto Rico shall be entitled to 

15 such number of Representatives as provided for by 

16 applicable law based on the next reapportionment. 

17 The apportionment of congressional districts for the 

18 first election and subsequent election of Representa19 tives shall be conducted as provided for by the Con20 stitution and laws of Puerto Rico. 

21 (3) The President of the State Elections Com22 mission of Puerto Rico shall certify the results of 

23 such primary and general elections to the Governor. 

24 Within 10 days of the date of each certification, the 

25 Governor shall declare the results of the primary 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 780 IS

1 and general elections, and transmit the results of 

2 each election to the President of the United States, 

3 the President pro tempore of the Senate, and the 

4 Speaker of the House of Representatives. 

5 SEC. 9. CONTINUITY OF LAWS, GOVERNMENT, AND OBLIGA6 TIONS. 

7 Upon the admission of the State of Puerto Rico into 

8 the Union, the following shall apply: 

9 (1) CONTINUITY OF LAWS.—All laws of the 

10 United States and laws of Puerto Rico not in con11 flict with this Act shall continue in full force and ef12 fect following the date of admission of Puerto Rico 

13 as a State of the Union. 

14 (2) CONTINUITY OF GOVERNMENT.—The indi15 viduals holding legislative, executive, and judicial of16 fices of Puerto Rico shall continue to discharge the 

17 duties of their respective offices when Puerto Rico 

18 becomes a State of the Union. 

19 (3) CONTINUITY OF OBLIGATIONS.—All con20 tracts, obligations, liabilities, debts, and claims of 

21 the Commonwealth of Puerto Rico and its instru22 mentalities shall continue in full force and effect as 

23 the contracts, obligations, liabilities, debts, and 

24 claims of the State of Puerto Rico and its instru25 mentalities. 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 780 IS

1 (4) TITLE TO PROPERTY.—The State of Puerto 

2 Rico and its political subdivisions, as the case may 

3 be, shall have and retain title to all lands and other 

4 properties, real and personal, over which the terri5 tory and its subdivisions presently hold title. The 

6 United States shall retain title to all property, real 

7 and personal, to which it presently has title, includ8 ing public lands. 

9 SEC. 10. REPEALS. 

10 All Federal and territorial laws, rules, and regula11 tions, or parts of Federal and territorial laws, rules, and 

12 regulations, applicable to Puerto Rico that are incompat13 ible with the political and legal status of statehood under 

14 the Constitution and the provisions of this Act are re15 pealed and terminated as of the date of statehood admis16 sion proclaimed by the President under section 7(c) of this 

17 Act. Except for those parts that are not in conflict with 

18 this Act and the condition of statehood, the following shall 

19 be deemed repealed upon the effective date of the admis20 sion of Puerto Rico as a State: 

21 (1) The Puerto Rican Federal Relations Act of 

22 1950 (Public Law 81–600). 

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

24 731e). 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 780 IS

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

2 368). 

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

4 191). 

5 SEC. 11. SEVERABILITY. 

6 If any provision of this Act, or any section, sub7 section, sentence, clause, phrase, or individual word, or the 

8 application thereof to any person or circumstance is held 

9 invalid by a court of jurisdiction, the validity of the re10 mainder of the Act and of the application of any such pro11 vision, section, subsection, sentence, clause, phrase, or in12 dividual word to other persons and circumstances shall not 

13 be affected thereby. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS