[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 727 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 727
To set forth the process for Puerto Rico to be admitted as a State of
the Union.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2015
Mr. Pierluisi (for himself, Mr. Serrano, Mr. Beyer, Ms. Bordallo, Ms.
Brown of Florida, Mr. Cartwright, Ms. Castor of Florida, Mr. Cicilline,
Mr. Clyburn, Mr. Connolly, Mr. Conyers, Mr. Costa, Mr. Crowley, Mr.
Curbelo of Florida, Mr. Deutch, Mr. Diaz-Balart, Mr. Engel, Ms. Frankel
of Florida, Ms. Fudge, Ms. Gabbard, Mr. Grayson, Mr. Harris, Mr.
Hastings, Mr. Hoyer, Mr. Huffman, Mr. Jeffries, Ms. Kaptur, Mr. Kind,
Mr. King of New York, Mr. Labrador, Mr. Larson of Connecticut, Mr.
Lewis, Mr. Marino, Mr. Meeks, Mr. Mica, Mr. Murphy of Florida, Ms.
Norton, Ms. Plaskett, Mr. Polis, Mrs. Radewagen, Mr. Ribble, Ms. Ros-
Lehtinen, Mr. Ruiz, Mr. Sablan, Mr. Schiff, Mr. Schock, Mr. Takai, Mr.
Vargas, Ms. Wasserman Schultz, Ms. Maxine Waters of California, Mr.
Welch, and Mr. Young of Alaska) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To set forth the process for Puerto Rico to be admitted as a State of
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
Process Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1898, Puerto Rico became a United States territory
and persons born in Puerto Rico have been granted United States
citizenship since 1917, pursuant to Public Law 64-368.
(2) In 1950, Congress enacted Public Law 81-600,
authorizing Puerto Rico to draft a local constitution. In 1951,
a constitutional convention was held in Puerto Rico to draft
the constitution. On March 3, 1952, Puerto Rico ratified the
constitution and submitted it for approval by Congress. On July
3, 1952, Congress enacted Public Law 82-447, which made changes
to the constitution, and approved the constitution subject to
Puerto Rico's acceptance of these changes. The changes were
accepted by the delegates to the constitutional convention, and
the constitution of Puerto Rico took effect on July 25, 1952.
The constitution establishes a republican form of government,
is not repugnant to the Constitution of the United States, and
is the functional equivalent of a state constitution.
(3) On November 6, 2012, the Government of Puerto Rico held
a two-part plebiscite organized under local law. The first
question asked voters if Puerto Rico should continue to be a
territory, and 54 percent of voters rejected territory status.
The second question asked voters to express their preference
among the three possible alternatives to territory status--
statehood, independence, and nationhood in free association
with the United States--and 61 percent of voters who selected
an option chose statehood. The number of votes cast for
statehood on the second question exceeded the number of votes
cast for continued territory status on the first question.
(4) On August 1, 2013, the Committee on Energy and Natural
Resources of the Senate held a hearing to receive testimony on
the 2012 plebiscite. In his opening statement, the Chairman of
the Committee said that ``there is no disputing that a majority
of the voters in Puerto Rico--54 percent--have clearly
expressed their opposition to continuing the current
territorial status''. The ranking minority member of the
Committee agreed, stating that ``it is clear to me that the
majority of Puerto Ricans do not favor the current territorial
status''.
(5) Also at the August 1, 2013 hearing, the Chairman
recognized that ``for Puerto Rico to meet its economic and
social challenges and to achieve its full potential, this
debate over status needs to be settled'' and that ``the current
relationship undermines the United States' moral standing in
the world. For a nation founded on the principles of democracy
and the consent of the governed, how much longer can America
allow a condition to persist in which nearly four million U.S.
citizens do not have a vote in the government that makes the
national laws which affect their daily lives?'' The Chairman
acknowledged that, for Puerto Rico to have full self-
government, it must become ``a sovereign nation or achieve
equality among the States of the Union''.
(6) The President's Fiscal Year 2014 Budget requested $2.5
million for the first Federally sponsored plebiscite in Puerto
Rico's history, to be held on options that would ``resolve
Puerto Rico's future political status'' and that are found by
the Department of Justice not to be ``incompatible with the
Constitution and laws and policies of the United States''. This
proposal was enacted in January 2014 as part of Public Law 113-
76.
(7) Alaska and Hawaii are the most recent territories to
become States of the Union. Public Law 85-508 (July 7, 1958),
``an act to provide for the admission of the State of Alaska
into the Union'', and Public Law 86-3 (March 18, 1959), ``an
act to provide for the admission of the State of Hawaii into
the Union'', were enacted after a majority of voters in each
territory expressed a desire for statehood in plebiscites
organized under local law. These Acts of Congress provided that
admission would occur if a majority of voters affirmed in a
Federally sponsored plebiscite that the territory should ``be
admitted into the Union as a State''. The Federally sponsored
plebiscite in the territory of Alaska was held on August 26,
1958, and Alaska was admitted into the Union on January 3,
1959. The Federally sponsored plebiscite in the territory of
Hawaii was held on June 27, 1959, and Hawaii was admitted into
the Union on August 21, 1959.
SEC. 3. VOTE ON ADMISSION.
(a) Vote.--The State Elections Commission of Puerto Rico is
authorized to provide for a vote on the admission of Puerto Rico into
the Union as a State within one year of the date of enactment of this
Act, in accordance with rules and regulations determined by the
Commission, including qualifications for voter eligibility. The ballot
shall ask the following question: ``Shall Puerto Rico be admitted as a
State of the United States? Yes__ No__''.
(b) Funds for Vote.--The funds made available pursuant to Public
Law 113-76 may be used to conduct the vote.
SEC. 4. CERTIFICATION AND TRANSMITTAL OF RESULTS.
Not later than 10 days after the certification of the vote by the
State Elections Commission of Puerto Rico, the Governor of Puerto Rico
shall transmit the certified results to the President of the United
States, the Speaker of the House of Representatives, and the President
Pro Tempore of the Senate.
SEC. 5. TRANSITION PROCESS.
If a majority of the votes cast in the vote conducted pursuant to
section 3 are for Puerto Rico's admission into the Union as a State--
(a) Proclamation.--Within 30 calendar days of receipt of the
certified results transmitted pursuant to section 4, the President
shall issue a proclamation to begin the transition process that will
culminate in Puerto Rico's admission into the Union as a State
effective January 1, 2021.
(b) Commission.--Within 90 calendar days of receipt of the
certified results transmitted pursuant to section 4, the President
shall appoint a Commission on the Equal Application of Federal Law to
Puerto Rico.
(1) Purpose.--The Commission shall survey the laws of the
United States and make recommendations to Congress as to how
laws that do not apply to the territory or apply differently to
the territory than to the several States should be amended or
repealed to treat Puerto Rico equally with the several States
as of the date of the admission of Puerto Rico into the Union
as a State.
(2) Membership.--The Commission shall consist of five
persons, at least two of whom shall be residents of Puerto
Rico.
(3) Report.--The Commission shall issue a final report to
the President of the United States, the Speaker of the House of
Representatives, and the President Pro Tempore of the Senate by
July 1, 2018.
(4) Termination.--Upon issuing the final report under
paragraph (3), the Commission shall terminate.
(5) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.), other than section 14, shall
apply to the Commission.
SEC. 6. RULES FOR ELECTIONS FOR FEDERAL OFFICES.
(a) Preparation for Elections.--Not later than January 1, 2020,
Puerto Rico shall carry out such actions as may be necessary to enable
Puerto Rico to hold elections for Federal office in November 2020 in
accordance with this section.
(b) Presidential Election.--With respect to the election for the
office of President and Vice President held in November 2020--
(1) Puerto Rico shall be considered a State for purposes of
chapter 21 of title 3, United States Code;
(2) the electors of Puerto Rico shall be considered
electors of a State for purposes of such chapter; and
(3) for purposes of section 3 of such title, the number of
electors from Puerto Rico shall be equal to the number of
Senators and Representatives to which Puerto Rico is entitled
during the One Hundred Seventeenth Congress, as determined in
accordance with subsections (c) and (d).
(c) Election of Senators.--
(1) Election of 2 senators.--The regularly scheduled
general elections for Federal office held in Puerto Rico during
November 2020 shall include the election of 2 Senators, each of
whom shall first take office on the first day of the One
Hundred Seventeenth Congress.
(2) Special rule.--In the election of Senators from Puerto
Rico pursuant to paragraph (1), the 2 Senate offices shall be
separately identified and designated, and no person may be a
candidate for both offices. No such identification or
designation of either of the offices shall refer to or be taken
to refer to the terms of such offices, or in any way impair the
privilege of the Senate to determine the class to which each of
the Senators elected shall be assigned.
(d) Election of Representatives.--
(1) In general.--Effective on the first day of the One
Hundred Seventeenth Congress, and until the taking effect of
the first reapportionment occurring after the regular decennial
census conducted for 2020, Puerto Rico shall be entitled to the
number of Representatives to which it would have been entitled
for the One Hundred Sixteenth Congress if Puerto Rico had been
a State during such Congress, as shown in the statement
transmitted by the President to Congress under paragraph (2).
(2) Determination of initial number.--
(A) Determination.--Not later than July 1, 2019,
the President shall submit to Congress a statement of
the number of Representatives to which Puerto Rico
would have been entitled for the One Hundred Sixteenth
Congress if Puerto Rico had been a State during such
Congress, in the same manner as provided under section
22(a) of the Act entitled ``An Act to provide for the
fifteenth and subsequent decennial censuses and to
provide for apportionment of Representatives in
Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)).
(B) Submission of number by clerk.--Not later than
15 calendar days after receiving the statement of the
President under subparagraph (A), the Clerk of the
House of Representatives, in accordance with section
22(b) of such Act (2 U.S.C. 2a(b)), shall transmit to
the Governor of Puerto Rico and the Speaker of the
House of Representatives a certificate of the number of
Representatives to which Puerto Rico is entitled during
the period described in paragraph (1).
(3) Termination of office of resident commissioner.--
Effective on the date on which a Representative from Puerto
Rico first takes office in accordance with this subsection, the
Office of the Resident Commissioner to the United States, as
described in section 36 of the Act of March 2, 1917 (48 U.S.C.
891 et seq.), is terminated.
(e) Administration of Primary Elections.--Puerto Rico may hold
primary elections for the offices described in this section at such
time and in such manner as Puerto Rico may provide, so long as such
elections are held in the manner required by the laws applicable to
elections for Federal office.
SEC. 7. ISSUANCE OF PRESIDENTIAL PROCLAMATION.
Following the transition process set forth in section 5, the
President shall issue a proclamation declaring that Puerto Rico is
admitted into the Union on an equal footing with the other States,
effective January 1, 2021. Upon issuance of the proclamation by the
President, Puerto Rico shall be deemed admitted into the Union as a
State.
SEC. 8. STATE OF PUERTO RICO.
Upon the admission of Puerto Rico into the Union as a State--
(a) State Constitution.--The Constitution of the Commonwealth of
Puerto Rico shall be accepted as the Constitution of the State.
(b) Territory.--The State shall consist of all of the territory,
together with the waters included in the seaward boundary, of the
Commonwealth of Puerto Rico.
(c) Continuity of Government.--The persons holding legislative,
executive, and judicial offices of the Commonwealth of Puerto Rico
shall continue to discharge the duties of their respective offices.
(d) Continuity of Laws.--
(1) Territory law.--All of the territory laws in force in
Puerto Rico shall continue in force and effect in the State,
except as modified by this Act, and shall be subject to repeal
or amendment by the Legislature and the Governor of Puerto
Rico.
(2) Federal law.--All of the laws of the United States
shall have the same force and effect as on the date immediately
prior to the date of admission of Puerto Rico into the Union as
a State, except for any provision of law that treats Puerto
Rico and its residents differently than the States of the Union
and their residents, which shall be amended as of the date of
admission to treat the State of Puerto Rico and its residents
equally with the other States of the Union and their residents.
SEC. 9. EFFECT ON MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Temporary Increase During Initial Period.--
(1) Temporary increase.--During the period described in
paragraph (1) of section 6(d)--
(A) the membership of the House of Representatives
shall be increased by the number of Members to which
Puerto Rico is entitled during such period; and
(B) each such Representative shall be in addition
to the membership of the House of Representatives as
now prescribed by law.
(2) No effect on existing apportionment.--The temporary
increase in the membership of the House of Representatives
provided under paragraph (1) shall not, during the period
described in paragraph (1) of section 6(d)--
(A) operate to either increase or decrease the
permanent membership of the House of Representatives as
prescribed in the Act of August 8, 1911 (2 U.S.C. 2);
or
(B) affect the basis of reapportionment established
by the Act of June 28, 1929, as amended (2 U.S.C. 2a),
for the Eighty Second Congress and each Congress
thereafter.
(b) Permanent Increase Effective With Next Reapportionment.--
(1) In general.--Effective with respect to the One Hundred
Eighteenth Congress and each succeeding Congress, the House of
Representatives shall be composed of a number of Members equal
to the sum of 435 plus the number by which the membership of
the House was increased under subsection (a).
(2) Reapportionment of members resulting from increase.--
(A) In general.--Section 22(a) of the Act entitled
``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for apportionment of
Representatives in Congress'', approved June 28, 1929
(2 U.S.C. 2a(a)), is amended by striking ``the then
existing number of Representatives'' and inserting
``the number of Representatives established with
respect to the One Hundred Eighteenth Congress''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply with respect to the
regular decennial census conducted for 2020 and each
subsequent regular decennial census.
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