Political Status of Puerto Rico: Brief Background and Recent Developments for Congress

Summary

Puerto Rico lies approximately 1,000 miles southeast of Miami and 1,500 miles from Washington, DC. Despite being far outside the continental United States, the island has played a significant role in American politics and policy since the United States acquired Puerto Rico from Spain in 1898.

Puerto Rico’s political status—a term of art referring to the relationship between the federal government and a territorial one—is an undercurrent in virtually every policy matter on the island. Even in seemingly unrelated federal policy debates, Puerto Rico status often arises at least tangentially. In the foreseeable future, oversight of Puerto Rico is likely to be relevant for Congress as the House and Senate monitor the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA; P.L. 114-187) enacted during the 114th Congress. Status also shaped the policy context surrounding the U.S. Supreme Court’s decision in the 2016 Sanchez Valle case. This report does not provide an economic or legal analysis of these topics; instead, it provides policy and historical background for understanding status and its current relevance for Congress.

In 2016, Puerto Rico voters elected a Governor, Resident Commissioner, and majorities in the territorial legislature affiliated with the pro-statehood New Progressive Party (NPP). This choice represents a departure from the previous four years. Consequently, if the 115th Congress chooses to reexamine the island’s relationship with the United States, the House and Senate could encounter more agreement among the island’s political leaders than in the recent past. Congress has not enacted any recent legislation devoted specifically to status. In the 114th Congress, H.R. 727, which did not advance beyond introduction, would have authorized a plebiscite (popular vote) on the statehood question.

Puerto Rican voters most recently reconsidered their status through a 2012 plebiscite. On that occasion, a majority chose a change in the status quo through statehood, although interpreting the results has been controversial. If Congress chose to alter Puerto Rico’s political status, it could do so through statute. Ultimately, the Territory Clause of the U.S. Constitution grants Congress broad discretion over Puerto Rico and other territories.

This report will be updated in the event of significant legislative or status developments.