Sec. 2. Findings

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The Congress finds the following: 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. 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. 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. 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. 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 .

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. 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. Since becoming a United States territory, more than 235,000 United States citizens of Puerto Rican heritage have served in the United States military. Thousands of military servicemembers 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.

Nine military servicemembers from Puerto Rico have been awarded the Congressional Medal of Honor, and many have been awarded the Distinguished Service Cross or the Navy Cross. 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. 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. 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. 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.

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. No United States territory that has petitioned for statehood has been denied admission into the Union. 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.

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). 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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