June 17, 2015
Puerto Rico: Political Status and Background
It also does not address the contentious topic of whether
Introduction
changing status could help address various social and
economic challenges or whether the status debate hinders
Puerto Rico is the most populous and in many ways most
progress on those topics.
prominent of five major U.S. territories. (The other four are
the U.S. Virgin Islands, located east of Puerto Rico in the
General History and Background
Atlantic Ocean; and American Samoa, the Commonwealth
of the Northern Mariana Islands, and Guam in the Pacific.)
Puerto Rico has been the subject of strategic and political
Puerto Rico is both deeply integrated into American society
attention for more than 500 years. Spain was the first
and insulated from it. On one hand, the American flag has
colonial power to inhabit the island. Spanish rule lasted for
flown over San Juan, the capital, for more than 100 years.
almost 400 years between approximately 1500 and 1900.
Those born in Puerto Rico are U.S. citizens. Many live and
When the United States defeated Spain in the Spanish-
work on the mainland and serve in the military. On the
American War (1898), the U.S. acquired Puerto Rico,
other hand, residents of Puerto Rico lack full voting
Guam, and the Philippines via the Treaty of Paris. Puerto
representation in Congress, do not pay federal income taxes
Rico has a long tradition of military service. The Coast
on income earned on the island, do not have the same
Guard and other Department of Homeland Security entities,
eligibility for some federal programs as those in the states,
among other federal agencies, maintain an active presence
do not vote in presidential elections (although they may do
on the island.
so in party primaries), and enjoy a culture and predominant
Spanish language that some argue more closely resembles
Puerto Rico enjoys close economic and social ties with the
Latin America than most of the 50 states.
mainland United States. American Community Survey data
show that almost 750,000 people born in Puerto Rico
Figure 1. Puerto Rico and Surrounding Area
reported living in New York City between 2009 and 2013,
when the data were collected. Other major cities such as
Chicago and Philadelphia also house large numbers of those
born on the island, but so do smaller cities such as
Milwaukee and Tampa. A bilingual workforce, modern
transportation system, direct access to U.S. markets, and
other factors, historically have made the island attractive to
corporations and other investors. However, recent
government deficits and other economic challenges have
been the focus of major attention since the mid-2000s. In
August 2014, the Pew Research Center reported that
“Puerto Ricans have left the financially troubled island for
the U.S. mainland this decade in their largest numbers since
the Great Migration after World War II, citing job-related
reasons above all others.”
Source: Congressional Research Service.
Political Status
Political status—a term of art referring to the relationship
between the federal government and a territorial
Puerto Rico is a U.S. territory subject to congressional
government—has been the defining issue in Puerto Rican
authority under the U.S. Constitution, which grants
politics for at least 50 years. Throughout that time, debate
Congress “[p]ower to dispose of and make all needful Rules
over whether Puerto Rico should continue to be a territory,
and Regulations respecting the Territory or other Property
or should seek statehood or independence, has provided the
belonging to the United States” (Art. IV, Sec. 3 cl. 2).
backdrop for most major political and policy discussions
Congress established a civilian government in Puerto Rico
concerning the island, both in San Juan and Washington,
in 1900. The island was the first territory to elect its
D.C.
Governors, beginning in 1948. Congress recognized island
authority over matters of internal governance in 1950
As U.S. appellate judge José Cabranes wrote in a 2001
through the Federal Relations Act (FRA; also known as
scholarly volume, “Nowadays the subject of Puerto Rico’s
“Public Law 600”) and when it approved the island’s
political status is obscure and difficult to understand.” The
constitution in 1952. Congress has not changed Puerto
same might have been written decades earlier. This CRS
Rico’s political status since.
“In Focus” product addresses key concepts for
congressional background, but does not attempt to fully
Use of the word “commonwealth” to describe Puerto Rico,
explore the island’s rich and politically complex situation.
and whether the term carries particular legal or political
www.crs.gov | 7-5700
Puerto Rico: Political Status and Background
significance, is a topic of substantial historical and
Questions, by R. Sam Garrett, provides additional
scholarly debate. Some contend that the local constitution,
information.
the FRA, and other federal action afford Puerto Rico a
unique status embodied in the “commonwealth” concept. It
114th Congress Status Legislation
remains nonetheless clear that action by Congress would be
necessary to alter Puerto Rico’s political status. As with any
Most recently in Congress, Representative Pierluisi
other statutory change, doing so would require passage of
introduced a Puerto Rico status bill in March 2015. Citing
legislation by Congress and approval by the President.
majority support for a status change in the first question of
the 2012 plebiscite, H.R. 727 would authorize the Puerto
Two presidential executive orders suggest that Puerto Rico
Rico State Elections Commission to “provide for a vote” on
enjoys some form of unique status compared with other
one ballot question: “Shall Puerto Rico be admitted as a
territories, at least in terms of relations with executive
State of the United States?” If a majority votes
agencies. In July 1961, President Kennedy, citing the
affirmatively, the bill proposes that the President “shall ...
“unique position of the Commonwealth,” transferred
begin the transition process that will culminate in Puerto
responsibility for federal relations from the U.S. Interior
Rico’s admission into the Union as a State effective January
Department’s Office of Territorial Affairs (now Insular
1, 2021.” The Obama Administration appears not to have
Affairs)—which coordinates relations with other
taken a position on the bill, but the FY2015 omnibus
territories—to the Executive Office of the President. In
appropriations measure (P.L. 113-76) provided $2.5 million
December 1992, President G.H.W. Bush ordered federal
for “objective, nonpartisan voter education about, and a
departments to “treat Puerto Rico administratively as if it
plebiscite” to “resolve” Puerto Rico status. Regardless of
were a state” unless doing so would “increase or decrease
whether through these methods or others, as noted
federal receipts or expenditures, or ... seriously disrupt”
previously, altering Puerto Rico’s political status would
federal programs. In practice, Puerto Rico’s eligibility for
require a legislative change enacted by Congress and signed
federal programs generally depends on how or whether the
by the President.
island is addressed in relevant authorizing legislation.
Puerto Rico: Basic Politics
Status Options and the 2012 Plebiscite
Major Political Parties
Popular Democratic Party (PDP/PPD): generally pro-
There appears to be consensus in San Juan and Washington
commonwealth status
that Puerto Rico should determine its own status preference.
The executive branch and Congress have generally
New Progressive Party (NPP/PNP): generally pro-statehood
status
maintained that constitutionally viable options include the
status quo, statehood, or independence. The last option
Puerto Rican Independence Party (PIP): generally pro-
includes “free association,” a form of independence in
independence
which ongoing aid is subject to negotiation.
Governor
Alejandro García Padilla
Before the most recent plebiscite, in 2012, voters on the
PDP, elected 2012
island reconsidered status in 1967, 1991, 1993, and 1998.
Resident Commissioner (Delegate to Congress)
Ballot wording and options differed each time, making
comparisons of limited value. On each occasion before
Pedro Pierluisi
2012, a majority of voters maintained the status quo.
NPP, caucuses with House Democrats, first elected 2008
Legislature
The 2012 plebiscite ballot asked voters two questions.
51-seat House of Representatives and 27-seat Senate
Question 1 asked whether voters wished to retain the
Both PDP majority, elected 2012
territorial status quo or not. Question 2 asked voters to
choose between three “non-territorial options” regardless of
Judiciary
their choice in question 1. As listed on the ballot, these
Territorial courts, U.S. District Court, U.S. Court of Appeals
options included (1) statehood, (2) independence, and (3)
for the First Circuit, U.S. Supreme Court
“sovereign free associated state.”
Source: CRS summary based in part on information in the
The plebiscite results and ballot wording were
CIA World Factbook.
controversial. According to results certified by the Puerto
Rico State Elections Commission, approximately 54.0% of
those who cast ballots answered “no” to the first question.
For additional information, see CRS Report R42765,
In the second question, approximately 61.2% of voters
Puerto Rico’s Political Status and the 2012 Plebiscite:
chose statehood. A concurrent resolution approved by the
Background and Key Questions, by R. Sam Garrett.
territorial legislature stated that the results were
R. Sam Garrett, rgarrett@crs.loc.gov, 7-6443
“inconclusive.” Governor Padilla, who was elected on the
same day as the plebiscite, endorsed the legislature’s
determination. CRS Report R42765, Puerto Rico’s Political
IF10241
Status and the 2012 Plebiscite: Background and Key
www.crs.gov | 7-5700