[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6246 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6246
To enable the admission of the territory of Puerto Rico into the Union
as a State, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2018
Miss Gonzalez-Colon of Puerto Rico (for herself, Mr. Bishop of Utah,
Mr. Young of Alaska, Mr. Serrano, Mr. LaMalfa, Mrs. Murphy of Florida,
Mr. Soto, Mr. Duffy, Mr. MacArthur, Mr. McGovern, Mr. DeSantis, Mr.
Raskin, Ms. Stefanik, Mr. Curbelo of Florida, Mr. Bacon, Mr. Beyer, Mr.
Banks of Indiana, Ms. Ros-Lehtinen, Mr. Gene Green of Texas, Mrs.
Radewagen, Mr. Sablan, Mr. Vargas, Ms. Bordallo, Mr. King of New York,
Mr. Diaz-Balart, Mr. Yoho, Mr. Fitzpatrick, Ms. Plaskett, Ms. Tenney,
Mr. Labrador, Mr. Costello of Pennsylvania, Mr. Trott, Ms. Esty of
Connecticut, Ms. Wasserman Schultz, Mrs. Beatty, Mr. Brown of Maryland,
Mr. Denham, and Mr. Taylor) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To enable the admission of the territory of Puerto Rico into the Union
as a State, and for other purposes.
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 Admission Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Puerto Rico was ceded to the United States and came
under this Nation's sovereignty pursuant to the Treaty of Paris
ending the Spanish-American War in 1898. Article IX of the
Treaty of Paris recognized the authority of Congress to provide
for the political status of the inhabitants of the territory.
Puerto Rico remained under the direct control of United States
military forces until Congress enacted the Foraker Act (Public
Law 56-191) on April 12, 1900, bringing a civilian government,
appointed by the President of the United States, to the island.
(2) Consistent with the establishment of United States
nationality for the inhabitants of Puerto Rico under the Treaty
of Paris, in 1917, Congress exercised its powers under the
Territorial Clause of the United States Constitution (article
IV, section 3, clause 2) to provide for the United States
citizenship status of persons born in Puerto Rico (Public Law
64-368).
(3) Under rulings of the United States Supreme Court,
including Balzac v. People of Porto Rico, 258 U.S. 298 (1922),
only ambiguous, inconsistent and indirect application of the
United States Constitution has been established in the
unincorporated territories of the United States including
Puerto Rico.
(4) In 1950, Congress prescribed a procedure for
instituting limited internal self-government for Puerto Rico
pursuant to statutory authorization for a local constitution
(Public Law 81-600). As a result, a local constitution was
approved by the people of Puerto Rico, ratified by Congress,
subject to conforming amendments enacted by Puerto Rico, and
thereupon given effect in 1952.
(5) The approved constitution established a republican form
of government in conformity with the United States Constitution
and the principles of the Declaration of Independence and is
the functional equivalent of a State constitution, but did not
restrict the authority of Congress under the Territorial Clause
to determine the application of Federal law to Puerto Rico.
Congress' plenary power under the Territorial Clause was most
recently and dramatically evidenced in 2016 with the enactment
of the Puerto Rico Oversight, Management, and Economic
Stability Act (Public Law 114-187).
(6) Congressional policies to date have disenfranchised the
approximately 3,400,000 United States citizens residing in
Puerto Rico who do not enjoy a democratic form of government at
the national level as they cannot vote in the election of the
President and Vice President of the United States, are not
represented in the United States Senate, and only have one
Resident Commissioner in the United States House of
Representatives, who can only vote in the Congressional
committees to which she or he is assigned.
(7) Furthermore, the Federal Government may, and often
does, treat the United States citizens residing in Puerto Rico
unequally under most Federal programs and other laws applicable
to the several States and their residents. In its December 14,
2016, Report to Congress, the Congressional Task Force on
Economic Growth in Puerto Rico established that the territory
is not treated equally with the States under more than 40
Federal statutes.
(8) The limitations of, and unequal treatment under,
territory status has left Puerto Rico under-developed when
compared to the States and has substantially contributed to its
fiscal and economic crisis, forcing a massive exodus that has
resulted in 5,400,000 United States citizens of Puerto Rican
ancestry living in the United States mainland.
(9) Puerto Rico has been under United States sovereignty
and within the United States customs territory for close to 120
years, making Puerto Rico the oldest, largest, and most
populous colony in the world, yet Congress has failed to
respond to the people of Puerto Rico's continued quest for
equality and self-determination.
(10) It has been the longstanding policy of the United
States that the United States citizens of a territory can
democratically determine whether it should eventually become a
State or a sovereign nation.
(11) On November 6, 2012, the Government of Puerto Rico
held a locally sanctioned, two-part plebiscite. This plebiscite
was consistent with the recommendations set forth by the
President's Task Force on Puerto Rico's Status Report to
Congress of March 2011. The first question asked if Puerto Rico
should continue to be a territory of the United States, and 54
percent of the voters rejected territory status. The second
question asked the voters to express their preference among the
three possible and internationally recognized permanent
alternatives to territory status--statehood, independence, or
nationhood in free association with the United States--and 61
percent of the 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.
(12) On June 11, 2017, the Government of Puerto Rico held
yet another status plebiscite to ratify the results of the 2012
vote, on a ballot amended to specifically comply with the
United States Department of Justice's requirements pursuant to
Public Law 113-76. In this plebiscite, statehood received 97
percent, free association/independence received 1.5 percent,
and current territorial status received 1.3 percent of the
votes cast.
(13) Puerto Ricans have contributed greatly to the Nation
in all fields of endeavor, both in war and in peace. Over
250,000 have served in the United States Armed Forces, many
paying the ultimate sacrifice. They not only deserve, but have
earned the right to have their voices heard.
(14) Last year marked the 100th anniversary of the granting
of United States citizenship to the people of Puerto Rico by
Congress, who remain disenfranchised and trapped in a second-
class citizenship that denies them the same rights and
responsibilities as their fellow citizens in the States.
(15) Equality within the Nation is required for a healthy
American economy and essential for Puerto Rico's social and
economic well-being as well as for basic reasons of democracy.
Puerto Rico should be transitioned into equality within the
Union.
SEC. 3. PURPOSE.
The purpose of the Act is to respond to, and comply with, the
democratic will of the United States citizens residing in Puerto Rico
as expressed in the plebiscites held on November 6, 2012, and June 11,
2017, by setting forth the terms for the admission of the territory of
Puerto Rico as a State of the Union.
SEC. 4. ADMISSION.
Subject to the provisions of this Act, and upon the issuance of the
proclamation by the President of the United States required by section
6 of this Act, the territory of Puerto Rico thereupon shall become a
State of the United States, and admitted into the Union on an equal
footing and in true permanent union with the other States in all
respects whatsoever.
SEC. 5. TRANSITION PROCESS.
(a) State Constitution.--The constitution of the State of Puerto
Rico shall always be republican in form and shall be in conformity with
the Constitution of the United States. The current constitution of
Puerto Rico is deemed to be republican in form and in conformity with
the Constitution of the United States and is hereby accepted as the
constitution of the State of Puerto Rico.
(b) Plebiscite Results Deemed Sufficient.--Immediately upon the
enactment of this Act, the results of the November 6, 2012, and June
11, 2017, status plebiscites are deemed sufficient to trigger the
transition process to Statehood set forth in this section. This section
does not preclude additional democratic self-determination under local
or Federal law.
(c) Task Force on Equality for the United States Citizens of Puerto
Rico.--
(1) Establishment.--There is established within the
legislative branch a Congressional Task Force on Equality for
the United States Citizens of Puerto Rico (hereinafter referred
to as the ``Task Force'').
(2) Duties.--The Task Force shall--
(A) survey the laws of the United States and make
recommendations to Congress and the President of the
United States as to how laws that do not apply to the
territory of Puerto Rico or apply differently to the
territory than to the several States should be amended
or repealed to phase-in equal treatment of Puerto Rico
with the several States, as appropriate, no later than
January 1, 2021;
(B) make recommendations on potential temporary
economic measures to assist Puerto Rico's transition
from a territory to a State, seeking the greatest
degree of flexibility for the phase-in of Federal
programs and the development of the territory's economy
through fiscal incentives, alternative tax
arrangements, and other measures;
(C) propose timelines and rules guiding elections
for Federal offices; and
(D) study the effect of Puerto Rico's admission as
a State on the existing apportionment in the House of
Representatives.
(3) Membership.--The Task Force shall be comprised of 9
Members as follows:
(A) Four Members of the House of Representatives,
two of whom shall be appointed by the Speaker of the
House of Representatives, and two of whom shall be
appointed by the minority leader of the House of
Representatives.
(B) Four Members of the Senate, two of whom shall
be appointed by the majority leader of the Senate, and
two of whom shall be appointed by the minority leader
of the Senate.
(C) The Resident Commissioner of Puerto Rico.
(4) Deadline for appointment.--Appointments to the Task
Force shall be made not later than 30 days after the date of
enactment of this Act.
(5) Chair.--The Speaker of the House of Representatives
shall designate one Member to serve as Chair of the Task Force.
(6) Vacancies.--Any vacancy in the Task Force shall be
filled in the same manner as the original appointment.
(7) Agency cooperation.--The Departments and agencies of
the executive branch and all offices and entities of the
legislative branch of shall--
(A) cooperate with the Task Force in carrying out
its duties; and
(B) furnish it with such information and technical
assistance as may be requested, including, but not
limited to, views, recommendations, and drafting
services on the measures needed to fulfill the Task
Force's mandate.
(8) Reports.--
(A) Not later than 270 calendar days after its
establishment, the Task Force shall submit a
preliminary report of its recommendations to the House
of Representatives, the Senate, and the President of
the United States.
(B) Not later than 120 calendar days after the
submission of the preliminary report, the Task Force
shall submit a final report of its recommendations to
the House of Representatives, the Senate, and the
President of the United States.
(C) To the greatest extent practicable, the reports
issued pursuant to subparagraphs (A) and (B) shall
reflect the shared views of all 9 Members of the Task
Force but the reports may contain dissenting views.
(9) Congressional intent.--The enactment of this Act
expresses the intent of Congress to pass legislation based upon
the Task Force's final report.
(10) Termination.--Upon issuing the final report under
paragraph (8)(B), the Task Force shall terminate.
(11) Implementation.--Upon receipt of the final Task Force
Report under paragraph (8)(B), Congress shall ensure that, as
appropriate, Federal laws that do not apply to Puerto Rico or
apply differently to the territory than to the several States
are amended or repealed to phase-in the equal treatment of
Puerto Rico with the several States no later than January 1,
2021. Generally, as part of the transition process--
(A) all Acts, or parts of Acts, in conflict with
the provisions of this Act, whether passed by the
Legislature of Puerto Rico or by Congress, shall be
repealed or amended to conform to the provisions of
this Act;
(B) Puerto Rico will cease to be an unincorporated
territory of the United States and will become an
incorporated territory of the United States until its
final admission into the Union as a State no later than
January 1, 2021; and
(C) with the exception of those parts that are not
in conflict with this Act, the following shall be
repealed:
(i) The Puerto Rican Federal Relations Act
of 1950 (Public Law 81-600).
(ii) The Act of July 3, 1950 (48 U.S.C.
731b-731e).
(iii) The Act of April 12, 1900 (Public Law
56-191).
(iv) The Act of March 2, 1917 (Public Law
64-368).
SEC. 6. ISSUANCE OF PRESIDENTIAL PROCLAMATION.
Following the completion of the transition process set forth in
section 5, the President of the United States shall issue a
proclamation declaring that Puerto Rico is admitted into the Union on
an equal footing with the other States, effective no later than January
1, 2021. Upon issuance of the proclamation by the President, Puerto
Rico shall cease to be an incorporated territory of the United States
and be deemed admitted into the Union as a State.
SEC. 7. STATE OF PUERTO RICO.
Upon the admission of Puerto Rico into the Union as a State, the
following apply:
(1) Territory.--The newly admitted State of Puerto Rico
shall consist of all its islands, together with their
appurtenant reefs and territorial waters in the seaward
boundary, presently under the jurisdiction of the territory of
Puerto Rico.
(2) Continuity of government.--Persons holding executive,
legislative, and judicial offices in the Government of Puerto
Rico shall continue to discharge the duties of their respective
offices consistent with the United States Constitution and
Federal law applicable to Puerto Rico, and the State of Puerto
Rico's laws and constitution.
(3) Continuity of laws.--
(A) 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.
(B) 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.
(4) United states citizenship.--No provision of this Act
shall operate to confer United States citizenship, nor
terminate citizenship hereto lawfully acquired, nor restore
citizenship terminated or lost under any law of the United
States or under any treaty to which the United States is or was
a party.
SEC. 8. 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, 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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