User:Hammersfan/Puerto Rico Statehood Admission Act

Puerto Rico Statehood Admission Act

Announced in	the 116th United States Congress
Number of co-sponsors	60
Legislative history
Introduced in the House as H.R. 4901 by José E. Serrano (D-NY) on October 29, 2019 Committee consideration by House Committee on Natural Resources

The Puerto Rico Statehood Admission Act is a bill introduced during the 116th United States Congress. The intention of the bill is to grant Puerto Rico, an unincorporated territory of the United States, admission into the Union as a state.

Background

Main article: Political status of Puerto Rico

In 1898, following the conclusion of the Spanish-American War, Spain ceded the Caribbean island of Puerto Rico and its surrounding archipelago to the United States. Initially run by the military, from 1900 onwards measures began to be enacted giving the people of Puerto Rico a measure of local civilian government, while bringing the population more within the larger community of the United States. This began with the establishment of the elected House of Delegates in 1900, while in 1902 the post of Resident Commissioner was established. The Resident Commissioner was a non-voting member, similar to other non-voting members of the House of Representatives, intended to represent the interests of Puerto Rico in the United States Congress. However, unlike other territories, Puerto Rico's was not named as a "delegate", as it was argued that such a title gave an implication that the territory was on the road towards becoming a state, which was not guaranteed for possessions obtained as a result of war. In 1917 the Jones–Shafroth Act saw the creation of an elected Senate, as well as granting U.S. citizenship to all Puerto Ricans born after April 25, 1898. In 1947, the Elective Governor Act granted Puerto Rico the right to its own elected governor for the first time, while in 1950 Puerto Rico was granted the right to hold a constitutional convention, with a view to the territory having its own constitution. Approved in a referendum in 1952, the new Puerto Rican constitution changed the status of the territory into that of an unincorporated "Commonwealth". In this context, Puerto Rico is a territory that is controlled by the Federal government, but in which the full provisions of the Constitution are not in force.

Statehood movement

Main article: Statehood movement in Puerto Rico

Puerto Rico is the largest of the United States' overseas territories, both in terms of size and population, with its status meaning that its population of around 3 million, all of whom are US citizens, are not entitled to vote for their head of state, or have full representation in the Congress. Becoming a state would allow Puerto Rico full representation, giving it two members of the United States Senate, as well as a number of members of the House of Representatives, apportioned according to its population - based on 2019 estimates using the Huntington–Hill method, Puerto Rico would be entitled to four seats in the House. Statehood would also give Puerto Rico a number of votes in the electoral college responsible for electing the President. Statehood would also allow Puerto Rico greater access to federal funding programmes that states enjoy, an issue that became increasingly apparent following recent natural disasters that have affected the island, most notably Hurricane Maria in 2017, the effects of which caused as much as $90 billion worth of damage, with the response of the federal government being heavily criticised.

In 2017, following the success of the pro-statehood Partido Nuevo Progresista (PNP) in gaining control of the Legislative Assembly, as well as the governorship, Puerto Rico followed the example of Washington, D.C. by appointing a delegation of shadow congresspeople, with two senators and five representatives. The purpose of this delegation, set up by the Puerto Rico Equality Commission, is to lobby the United States Congress over the question of statehood.

Plebiscites

Main article: Puerto Rico political status plebiscites

Since the ratification of the Puerto Rican Constitution in 1952, the debate on the continued and future status of Puerto Rico has intensified, with a number of plebiscites taking place to invite the opinion of the territory's citizens. The first of these took place in 1967, with three choices available to voters - maintain the status quo of being an unincorporated commonwealth; become a state within the United States, or independence. This poll saw 60.4% of those voting opt for the status quo, and 39.0% for statehood. In 1993, a second vote occurred, with the same three choices on the ballot; the result this time was 48.6% for the status quo and 46.3% for statehood. A third vote took place in 1998, which this time featured a total of five choices - independence, statehood, status quo, free association, or "none of the above". This was the first time that the option of "free association" was offered - this is where a pair of states enter into an arrangement in which one, the minor partner, enjoys a level of independence, but where some matters, such as defense or foreign policy, are retained by the major partner. In the 1998 plebiscite, 46.6% of voters elected for statehood, while 50.5% voted for "none of the above". The lack of definition given over what precisely the status quo option or free association actually meant led to proper definitions of all status options being produced in 2011., which in 2012 led to a fourth referendum on the issue. However, unlike the previous ones, this instead consisted of two questions:

1. Should Puerto Rico continue its current territorial status? - this was a simple yes/no question that, if the majority voted 'no', would lead to the second question being implemented.
2. Which non-territorial option do you prefer? - this was a question with three choices - statehood, free association, or independence.

In response to the first question, 54% voted in favour of Puerto Rico changing its status, with 46% in favour of retaining the status quo. For the second question, 61.2% voted in favour of statehood for Puerto Rico, with 33.3% in favour of free association and 5.5% for independence. Following the vote, the Obama Administration indicated its belief that a majority of Puerto Ricans had voted for statehood, and that Congress should take action to that effect. However, in 2013 the White House announced that it would seek $2.5m of funding for a further vote on the issue, which led to Puerto Rico's two major political parties, the pro-statehood PNP and the Partido Popular Democrático (which is pro-status quo), each claiming that the administration had sided with their viewpoint. This fourth vote was held in 2017. Originally planned as a follow up to the 2012 vote, with only the options of statehood or free association/independence, as the status quo option had been rejected in 2012. However, the Trump Administration recommended that the status quo option be added back onto the ballot. The referendum was boycotted by all the major parties against statehood for a number of reasons, including the assertion that Puerto Rico is a colony, or that the status quo meant that Puerto Rico is subject to the plenary powers of the United States Congress, a notion also historically rejected by the Popular Democratic Party. Similarly, under the 'independence/free association' option, the ballot asserted that Puerto Rico must be a sovereign nation in order to enter into a free association with the United States. As a result, although statehood received 97.18% of the vote, the turnout was only 22.93%. A sixth referendum was held in 2020, although this time, rather than giving options on various types of status, was a straight yes/no question on whether Puerto Rico should be admitted as a state. This saw 52.34% of voters choose 'yes'.

Presidential Executive Orders

Main article: Presidential executive orders on the political status of Puerto Rico

In November 1992, President George H.W. Bush issued a memorandum that ordered the heads of executive agencies and departments of the Federal government to direct that Puerto Rico was to be treated as if it were a state for administrative purposes, "except insofar as doing so with respect to an existing Federal program or activity would increase or decrease Federal receipts or expenditures". The memorandum as issued also stated that it was to remain in force unless and until legislation was enacted by the United States Congress that altered the status of Puerto Rico in accordance with the wishes of the people of Puerto Rico. To investigate what steps might be taken in moving the issue forward, in December 2000, President Clinton issued Executive Order 13183, establishing a new body, the President's Task Force on Puerto Rico's Status, which was set up to identify the options for Puerto Rico's future status, and how any option could be carried out. This executive order was subsequently modified by further orders issued by President George W. Bush and President Obama to expand on the functions and required reporting of the Task Force. The ultimate mandate of the Task Force was to establish, both for Congress and the people of Puerto Rico, the status options available under the Constitution. In 2005, the Task Force's report made clear that the Constitution allows for three options - status quo, statehood or independence.

U.S. Congressional legislation

Main article: Bills in U.S. Congress regarding the political status of Puerto Rico

Because, under the terms of the Constitution, the United States Congress has ultimate responsibility for the disposition of U.S. territory, it would be via Federal legislation that the status of Puerto Rico would ultimately be decided, whether through admission as a state, or via independence. To this end, since 1998 a number of pieces of legislation have been drafted and submitted to Congress in a way of determining Puerto Rico's future status:

1. United States-Puerto Rico Political Status Act - introduced in 1997, this bill was intended to help refine Puerto Rico's status, with the final version recommending plebiscites every ten years, with the choice between status quo, independence/free association or statehood. Although the bill passed the House of Representatives, it was noted voted on by the Senate. However, the 1998 plebiscite was held under the criteria set out in the bill.
2. Puerto Rico Democracy Act - two pieces of legislation, one in 2007 and the other in 2010, were proposed that would see plebiscites run giving Puerto Ricans the choice of retaining their current status as an unincorporated territory, or choosing a new status, with a second vote held in the event of the latter being chosen. Both bills passed the House, but were not voted on in the Senate.
3. Puerto Rico Status Resolution Act - in 2013, following the 2012 vote, a bill was introduced that called on, subject to a confirmatory referendum, the President to submit legislation to begin the admission process of Puerto Rico as a state, and Congress to pass this.

In 2017, Jenniffer González Colón, the non-voting Resident Commissioner, introduced a bill into the House of Representatives requiring the Congress support the holding of a vote on Puerto Rico's status and, in the event of a vote in favour of statehood, that it undertake the necessary preparations, including the amendment or repeal of legislation related to Puerto Rico as a territory, prior to Puerto Rico being admitted by 3 January 2025. This bill was referred to the House Committee on Natural Resources, but did not reach a vote on the floor of the House.

In October 2019, a new bill was introduced by José E. Serrano, a Democratic congressman from New York, who was born in Puerto Rico, intended to bring about Puerto Rico's admission. Unlike the previous bill, which had just a single cosponsor, this received a total of 60 cosponsors, including 42 Democrats and 18 Republicans.

Provisions

The Puerto Rico Statehood Admission Act set out a number of individual provisions related to Puerto Rico's potential admission as a state into the union:

• The holding of a plebiscite on self-determination as part of the 2020 United States elections. This plebiscite to take the form of a yes/no question
  • "Do you approve Puerto Rico’s admission as a State of the Union on equal footing with all other States?"
• Upon receipt of a certified result in favour of statehood, the Governor of Puerto Rico will announce the dates and requirements for the election of two members of the United States Senate and one member of the United States House of Representatives. Puerto Rico will initially receive one member of the House of Representatives until the next regularly scheduled election, after which it will receive a number of seats based on the apportionment process.
• Upon receipt of a certified result in favour of statehood, the President of the United States will issue a proclamation declaring the date of Puerto Rico's admission as a state, which must be not more than 30 months after the certification of the results of the plebiscite.
• Upon admission as a state, all laws, officials and obligations of the current territory shall continue without alteration.

A corresponding bill, the Law for the Final Definition of the Political Status of Puerto Rico, was introduced in Puerto Rico's Legislative Assembly, being approved by both Houses in March 2020. It was through this that the 2020 plebiscite was held, which provided a majority in favour of statehood.

Opinion

Although the 2020 plebiscite provided a majority in favour of statehood, there has been much written since it took place pointing out that the turnout was a little over 52%, with 623,000 of the 2.3 million registered voters in Puerto Rico voting for statehood. While opinion polls among the population in the United States seem to favour Puerto Rico's admission, support for which has been relatively high since the 1960s, in Puerto Rico itself there is a seemingly higher degree of ambivalence to the idea, based on Puerto Rico's national identity, which may potentially be lost were it to become a full part of the United States. This can be illustrated by the fact that the pro-independence Partido Independentista Puertorriqueño candidate for governor received 14% of the vote in the 2020 election.

Although statehood has formed part of the party platforms of both major parties in the United States, senior figures in the Republican Party have publicly indicated their opposition to the admission of Puerto Rico, with Mitch McConnell, the Senate Majority Leader, saying in 2019 that moves to admit Puerto Rico, as well as Washington DC, amounted to "full-bore socialism", with both potential new states likely to return perpetual Democratic members of the Senate, and so the Republican majority would oppose the entry of both. Despite this, legislators of both parties, following the result of the 2020 vote, have indicated a willingness to open the debate of Puerto Rico's status in Congress.