Puerto Rico Statehood Admission Act
Bill: S.780 | Sponsor: Sen. Heinrich, Martin (D-NM)
Policy area: Government Operations and Politics

Summary:
Puerto Rico Statehood Admission Act
This bill establishes a process for the admission of Puerto Rico into the union as a state, on an equal footing with all other states, based on a majority vote of the people of Puerto Rico.

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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