Political Status of Puerto Rico: Options for Congress

The United States acquired the islands of Puerto Rico in 1898 after the Spanish-American War. 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 Ricos 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 4-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 United States, but they pay no federal tax on income earned in Puerto Rico. In the 111th Congress, the Resident Commissioner may vote in legislative committees and in the Committee of the Whole. 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, noncolonial, 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 discussants 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. Three bills regarding Puerto Ricos political status were introduced during the 110th Congress. In the 111th Congress, H.R. 2499 Pierluisi would authorize a two-stage plebiscite in Puerto Rico to reconsider the status issue. H.R. 2499 is similar to H.R. 900 as introduced in the 110th Congress.