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Wednesday, June 22, 2011

Political Status of Puerto Rico: Options for Congress


R. Sam Garrett
Specialist in American National Government

The United States acquired the islands of Puerto Rico in 1898 after the Spanish-American War. In 1950, Congress enacted legislation (P.L. 81-600) authorizing Puerto Rico to hold a constitutional convention and in 1952, the people of Puerto Rico ratified a constitution establishing a republican form of government for the island. After being approved by Congress and the President in July 1952 and thus given force under federal law (P.L. 82-447), the new constitution went into effect on July 25, 1952.

Puerto Rico is subject to congressional jurisdiction under the Territorial Clause of the U.S. Constitution. Over the past century, Congress passed legislation governing Puerto Rico’s relationship with the United States. For example, residents of Puerto Rico hold U.S. citizenship, serve in the military, are subject to federal laws, and are represented in the House of Representatives by a Resident Commissioner elected to a four-year term. Although residents participate in the presidential nominating process, they do not vote in the general election. Puerto Ricans pay federal tax on income derived from sources in the mainland United States, but they pay no federal tax on income earned in Puerto Rico. The Resident Commissioner may vote in committees but is not permitted to vote in, or preside over, either the Committee of the Whole or the House in the 112
th Congress.

Elements of the U.S.-Puerto Rico relationship have been and continue to be matters of debate. Some contend that the current political status of Puerto Rico, perhaps with enhancements, remains a viable option. Others argue that commonwealth status is or should be only a temporary fix to be resolved in favor of other solutions considered permanent, non-colonial, and nonterritorial. Some contend that if independence is achieved, the close relationship with the United States could be continued through compact negotiations with the federal government. One element apparently shared by all involved is that the people of Puerto Rico seek to attain full, democratic representation, notably through voting rights on national legislation to which they are subject.

In March 2011, the President’s Task Force on Puerto Rico Status issued its latest report. The Task Force, whose members include various officials in the Obama Administration, agreed with its predecessors that the status quo, statehood, independence, or free association with the United States remain constitutionally viable options if Congress and the people of Puerto Rico wish to revisit the island’s political status. The task force report might spur a legislative response in Washington or San Juan. As of this writing, however, the most recent major congressional activity on status occurred during the 111
th Congress.

On April 29, 2010, for the first time since 1998, the House approved (223-169) status-related legislation for Puerto Rico. H.R. 2499 (Pierluisi) would have authorized a two-stage plebiscite in Puerto Rico to reconsider the status issue. On May 19, 2010, the Senate Energy and Natural Resources Committee held a hearing on H.R. 2499. No additional action occurred on the bill. Although a change in Puerto Rico’s status would require legislative action in Congress, holding plebiscites or otherwise revisiting the issue could be initiated in San Juan or Washington.



Date of Report: June 7, 2011
Number of Pages: 56
Order Number: RL32933
Price: $29.95

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