Political Status of Puerto Rico: Background, Options, and Issues in the 109th Congress

Publication Date: June 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Politics

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Abstract:

The Commonwealth of Puerto Rico has a unique history as a part of the United States. United States suzerainty over Puerto Rico originated with the acquisition of the islands in 1898 after the conclusion of the Spanish-American War. For decades, the federal government administered government operations in Puerto Rico through military liaisons or civilian officials appointed by the President. Legislation enacted by Congress in 1950 (P.L. 81-600) and in 1952 (P.L. 82-447) granted Puerto Rico authority to establish a republican form of local government through a constitution approved by the citizens of Puerto Rico and the Congress in 1952.

Puerto Rico remains subject to congressional jurisdiction under the Territorial Clause of the U.S. Constitution. Under this authority, Congress has passed legislation that governs elements of Puerto Rico's relationship to the United States. For example, residents of Puerto Rico hold U.S. citizenship, serve in the military, are represented in the House of Representatives by a Resident Commissioner elected to a four-year term (who does not have privileges to vote on the floor of the House), are subject to federal laws and are beneficiaries of federal aid as approved by Congress, do not vote in national elections, and pay no federal income tax.

While these and other aspects of the relationship of Puerto Rico to the United States are matters of record, other elements of the relationship have been and continue to be matters of debate. Some contend that the Commonwealth has a special status outside the Territorial Clause that derives from the 1950 legislation "in the nature of a compact" agreed to by the people of Puerto Rico and Congress, as well as from declarations made to the United Nations in the 1950s. Also, certain federal court rulings and statements by past presidents buttress claims to special status. Such advocates contend that the current political status of the Commonwealth, perhaps with enhancements, remains a viable option for the future. Others argue that the commonwealth status is (or should be) only a temporary fix to a problem to be resolved in favor of other permanent non-colonial and non-territorial solutions -- either statehood or independence as a foreign nation, the latter possibly negotiated with the federal government.

For many years, some Members of Congress, elected representatives of Puerto Rico, federal administration officials, and interested members of the public have discussed options for reconsidering the political status of Puerto Rico. Legislation recently passed by the Puerto Rican legislature may be one factor that initiates renewed congressional attention on the political status issue. A White House task force is expected to release a report in 2005 that may serve as another catalyst for change.

This report, which will be updated as events warrant, provides background information on the political status of the commonwealth and congressional actions taken over the past two decades, summarizes issues that might be a factor in congressional debate, and reviews possible options.