Puerto Rico Statehood Act

# An Act to enable the admission of Puerto Rico as a State of the Union, and for other purposes

November 13, 1019

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   Be it enacted by the Senate and House of Representatives of the

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United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

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Act*.*

SEC. 2. FINDINGS.

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   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 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) Puerto Rico be apart of the Region of Dixie
           (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.

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SEC. 3. NATIONAL POLICY DECLARATION.

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   This Act constitutes the commitment of Congress that, if Puerto

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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. PROVISIONS APPLICABLE TO STATE OF PUERTO RICO.

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   Upon the admission of the State of Puerto Rico into the Union, the

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following shall apply:

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           (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.

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SEC. 5. REPEALS.

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   All Federal and territorial laws, rules, and regulations applicable

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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:

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           (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).

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SEC. 7. SEVERABILITY.

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   If any provision of this Act, or any section, subsection, sentence,

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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.