Puerto Rico: Political Status and Background

Puerto Rico: Political Status and Background

Updated July 2, 2015
Puerto Rico: Political Status and Background
Introduction
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
Puerto Rico is a U.S. territory subject to congressional
between the federal government and a territorial
authority under the U.S. Constitution, which grants
government—has been the defining issue in Puerto Rican
Congress “[p]ower to dispose of and make all needful Rules
politics for at least 50 years. Throughout that time, debate
and Regulations respecting the Territory or other Property
over whether Puerto Rico should continue to be a territory,
belonging to the United States” (Art. IV, Sec. 3 cl. 2).
or should seek statehood or independence, has provided the
Congress established a civilian government in Puerto Rico
backdrop for most major political and policy discussions
in 1900. The island was the first territory to elect its
concerning the island, both in San Juan and Washington,
Governors, beginning in 1948. Congress recognized island
D.C.
authority over matters of internal governance in 1950
through the Federal Relations Act (FRA; also known as
As U.S. appellate judge José Cabranes wrote in a 2001
“Public Law 600”
scholarly volume, “Nowadays the subject of Puerto Rico’s
) and when it approved the island’s
political status is obscure and difficult to understand.” The
constitution in 1952. Congress has not changed Puerto
Rico’s political status since.
same might have been written decades earlier. This CRS
“In Focus” product addresses key concepts for
Use of the word commonwealth to describe Puerto Rico,
congressional background, but does not attempt to fully
explore the island’s rich and politically complex situation.
and whether the term carries particular legal or political
significance, is a topic of substantial historical and
It also does not address the contentious topic of whether
scholarly debate. Some contend that the local constitution,
changing status could help address various social and
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Puerto Rico: Political Status and Background
the FRA, and other federal action afford Puerto Rico a
114th Congress Status Legislation
unique status embodied in the “commonwealth” concept. It
remains nonetheless clear that action by Congress would be
Most recently in Congress, Representative Pierluisi
necessary to alter Puerto Rico’s political status. As with any
introduced a Puerto Rico status bill in March 2015. Citing
other statutory change, doing so would require passage of
majority support for a status change in the first question of
legislation by Congress and approval by the President.
the 2012 plebiscite, H.R. 727 would authorize the Puerto
Rico State Elections Commission to “provide for a vote” on
Two presidential executive orders suggest that Puerto Rico
one ballot question: “Shall Puerto Rico be admitted as a
enjoys some form of unique status compared with other
State of the United States?” If a majority votes
territories, at least in terms of relations with executive
affirmatively, the bill proposes that the President “shall ...
agencies. In July 1961, President Kennedy, citing the
begin the transition process that will culminate in Puerto
“unique position of the Commonwealth,” transferred
Rico’s admission into the Union as a State effective January
responsibility for federal relations from the U.S. Interior
1, 2021.” On June 24, 2015, the House Subcommittee on
Department’s Office of Territorial Affairs (now Insular
Indian, Insular, and Alaska Native Affairs held a hearing on
Affairs)—which coordinates relations with other
Puerto Rico’s political status and economy, at which H.R.
territories—to the Executive Office of the President. In
727 was discussed. The Obama Administration appears not
December 1992, President G.H.W. Bush ordered federal
to have taken a position on H.R. 727, but the FY2015
departments to “treat Puerto Rico administratively as if it
omnibus appropriations measure (P.L. 113-76) provided
were a state” unless doing so would “increase or decrease
$2.5 million for “objective, nonpartisan voter education
federal receipts or expenditures, or ... seriously disrupt”
about, and a plebiscite” to “resolve” Puerto Rico status.
federal programs. In practice, Puerto Rico’s eligibility for
Regardless of whether through these methods or others, as
federal programs generally depends on how or whether the
noted previously, altering Puerto Rico’s political status
island is addressed in relevant authorizing legislation.
would require a legislative change enacted by Congress and
signed by the President.
Status Options and the 2012 Plebiscite
There appears to be consensus in San Juan and Washington
that Puerto Rico should determine its own status preference.
The executive branch and Congress have generally
maintained that constitutionally viable options include the
status quo, statehood, or independence. The last option
includes “free association,” a form of independence in
which ongoing aid is subject to negotiation.
Before the most recent plebiscite, in 2012, voters on the
island reconsidered status in 1967, 1991, 1993, and 1998.
Ballot wording and options differed each time, making
comparisons of limited value. On each occasion before
2012, a majority of voters maintained the status quo.
The 2012 plebiscite ballot asked voters two questions.
Question 1 asked whether voters wished to retain the
territorial status quo or not. Question 2 asked voters to
choose between three “non-territorial options” regardless of
their choice in question 1. As listed on the ballot, these
options included (1) statehood, (2) independence, and (3)
“sovereign free associated state.”
The plebiscite results and ballot wording were
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.

In the second question, approximately 61.2% of voters
For additional information, see CRS Report R42765,
chose statehood. A concurrent resolution approved by the
Puerto Rico’s Political Status and the 2012 Plebiscite:
territorial legislature stated that the results were
“inconclusive.” Governor García Padilla, who was elected
Background and Key Questions, by R. Sam Garrett.
on the same day as the plebiscite, endorsed the legislature’s
determination. CRS Report R42765, Puerto Rico’s Political
R. Sam Garrett, Specialist in American National
Status and the 2012 Plebiscite: Background and Key
Government
Questions, by R. Sam Garrett, provides additional
IF10241
information.

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Puerto Rico: Political Status and Background

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