Puerto Rico Status Act

Last updated
Puerto Rico Status Act
Great Seal of the United States (obverse).svg
Long titleTo enable the people of Puerto Rico to choose a permanent, nonterritorial, fully self-governing political status for Puerto Rico and to provide for a transition to and the implementation of that permanent, nonterritorial, fully self-governing political status, and for other purposes.
Announced inthe 118th United States Congress
Sponsored by Darren Soto (DFL)
Number of co-sponsors95
Legislative history

The Puerto Rico Status Act, H.R. 2757, was a bill introduced during the 116th United States Congress. The intention of the bill is to grant Puerto Rico, an unincorporated territory of the United States, admission into the Union as a state. The bill was originally introduced in the 116th Congress and was reintroduced as H.R. 1522, on March 2, 2021, in the 117th Congress. It was referred to the House Committee on Natural Resources with last action taken on June 16. [1]

Contents

Background

In 1898, following the conclusion of the Spanish–American War, Spain ceded the Caribbean island of Puerto Rico and its surrounding archipelago to the United States. Initially run by the military, from 1900 onwards measures began to be enacted giving the people of Puerto Rico a measure of local civilian government, while bringing the population more within the larger community of the United States. This began with the establishment of the elected House of Delegates in 1900, while in 1902 the post of Resident Commissioner was established. [2] The Resident Commissioner was a non-voting member, similar to other non-voting members of the House of Representatives, intended to represent the interests of Puerto Rico in the United States Congress. However, unlike other territories, Puerto Rico's was not named as a "delegate", as it was argued that such a title gave an implication that the territory was on the road towards becoming a state, which was not guaranteed for possessions obtained as a result of war. [2] In 1917 the Jones–Shafroth Act saw the creation of an elected Senate, as well as granting U.S. citizenship to all Puerto Ricans born after April 25, 1898. [3] In 1947, the Elective Governor Act granted Puerto Rico the right to its own elected governor for the first time, [4] while in 1950 Puerto Rico was granted the right to hold a constitutional convention, with a view to the territory having its own constitution. Approved in a referendum in 1952, the new Puerto Rican constitution changed the status of the territory into that of an unincorporated "Commonwealth". In this context, Puerto Rico is a territory that is controlled by the federal government, but in which the full provisions of the Constitution are not in force. [5]

Statehood movement

Puerto Rico is the largest of the United States' overseas territories, both in terms of size and population. Its population is about 3 million. Its political status does not allow Puerto Ricans the right to vote for their head of state, or have full representation in the Congress. Becoming a state would allow Puerto Rico full representation, giving it two members of the United States Senate, as well as a number of members of the House of Representatives. The Huntington–Hill method estimates that, were Puerto Rico to become a state, it would be entitled to four seats in the House. [6] Statehood would also give Puerto Rico a number of votes in the electoral college responsible for electing the President. Statehood would also allow Puerto Rico greater access to federal funding programs that states enjoy, an issue that became increasingly apparent following recent natural disasters that affected the island, most notably Hurricane Maria in 2017, the effects of which caused as much as $90 billion worth of damage, with the response of the federal government being heavily criticised. [7]

In 2017, following the success of the pro-statehood Partido Nuevo Progresista (PNP) in gaining control of the Legislative Assembly, as well as the governorship, Puerto Rico followed the example of Washington, D.C. by appointing a delegation of shadow congresspeople, with two senators and five representatives. [8] The purpose of this delegation, set up by the Puerto Rico Equality Commission, is to lobby the United States Congress over the question of statehood.

A number of referendums were held on Puerto Rico's potential future status, with the first of these taking place in 1967. Since the first, these have seen support for statehood steadily increase, even as the set up of each referendum has altered. [9] Prior to 2019, the most recent was held in 2017, and saw 97% choose statehood as the option. However, this was on a turnout of just over 22%, as a result of a boycott of the vote by many of Puerto Rico's major political parties. [10]

In 2017, Jenniffer González Colón, the non-voting Resident Commissioner, introduced a bill into the House of Representatives requiring the Congress support the holding of a vote on Puerto Rico's status and, in the event of a vote in favor of statehood, that it undertake the necessary preparations, including the amendment or repeal of legislation related to Puerto Rico as a territory, prior to Puerto Rico being admitted by January 3, 2025. [11] This bill was referred to the House Committee on Natural Resources, but did not reach a vote on the floor of the House.

In October 2019, a new bill was introduced by José E. Serrano, a Democratic congressman from New York, who was born in Puerto Rico, intended to bring about Puerto Rico's admission. Unlike the previous bill, which had just a single cosponsor, this received a total of 60 cosponsors, including 42 Democrats and 18 Republicans. As with the 2017 bill, it was referred to the Committee on Natural Resources, but did not reach a vote in the full House. [12]

Provisions

A corresponding bill, the Law for the Final Definition of the Political Status of Puerto Rico, was introduced in Puerto Rico's Legislative Assembly and approved by both its houses in March 2020. [13] It was through this that the 2020 plebiscite was held, which provided a majority in favor of statehood.

Although the 2020 plebiscite provided a majority in favor of statehood, there were many articles written since it took place, pointing out that the turnout was a little over 52%, with 623,000 of the 2.3 million registered voters in Puerto Rico voting for statehood. [14] While opinion polls among the population in the United States seem to favor Puerto Rico's admission, support for which has been relatively high since the 1960s, [15] in Puerto Rico itself there is a seemingly higher degree of ambivalence to the idea, based on Puerto Rico's national identity, which may potentially be lost were it to become a full part of the United States. This can be illustrated by the fact that the pro-independence Puerto Rican Independence Party (Partido Independentista Puertorriqueño, PIP) candidate for governor received 14% of the vote in the 2020 election. [16]

Although statehood has formed part of the party platforms of both major parties in the United States, senior figures in the Republican Party publicly indicated their opposition to the admission of Puerto Rico, with Mitch McConnell, the then Senate Majority Leader, saying in 2019 that moves to admit Puerto Rico, as well as Washington D.C., amounted to "full-bore socialism", with both potential new states likely to return perpetual Democratic members of the Senate, and so the Republican majority would oppose the entry of both. [17] This is in spite of evidence that voters in Puerto Rico may well be more conservative than voters in Washington, D.C. – at the time of the 2020 vote, the Governor, Resident Commissioner, Speaker of the Puerto Rico House of Representatives and President of the Puerto Rico Senate, although members of the pro-statehood PNP, also sat as conservative Republicans. [18] [19] Despite the seemingly fixed position of the Senate leadership, legislators of both parties, following the result of the 2020 vote, indicated a willingness to open the debate of Puerto Rico's status in Congress. [20]

Legislative history

As of May 15,2024:

CongressShort titleBill number(s)Date introducedSponsor(s)No. of cosponsorsLatest action
116th Congress Puerto Rico Statehood Admission Act of 2019 H.R. 1965 March 28, 2019 Darren Soto

(DFL)

21Died in committee
H.R. 4901 October 29, 2019 José E. Serrano (DNY)60Died in committee
117th Congress Puerto Rico Statehood Admission Act of 2021 H.R. 1522 March 2, 2021 Darren Soto

(DFL)

81Died in committee
S. 780 March 16, 2021 Martin Heinrich (DNM)5Died in committee
Puerto Rico Status Act H.R. 8393 July 15, 2022 Raúl Grijalva (DAZ)62Passed in the House (233–191)
118th Congress Puerto Rico Status Act H.R. 2757 April 20, 2023 Raúl Grijalva (DAZ)97Referred to committees of jurisdiction.
S. 2944 September 27, 2023 Roger Wicker (RMS)0Referred to committees of jurisdiction.
S. 3231 November 26, 2023 Martin Heinrich (DNM)26Referred to committees of jurisdiction.

See also

Related Research Articles

<span class="mw-page-title-main">Politics of Puerto Rico</span>

The politics of Puerto Rico take place in the framework of a democratic republic form of government that is under the jurisdiction and sovereignty of the United States Congress as an organized unincorporated territory. Since the 1898 invasion of Puerto Rico by the United States during the Spanish–American War, politics in Puerto Rico have been significantly shaped by its status as territory of the United States. The nature of Puerto Rico's political relationship with the United States is the subject of ongoing debate in Puerto Rico, in the United States, the United Nations and the international community, with all major political parties in the archipelago calling it a colonial relationship.

<span class="mw-page-title-main">New Progressive Party (Puerto Rico)</span> Major political party in Puerto Rico

The New Progressive Party is a political party in Puerto Rico that advocates statehood. The PNP is one of the two major parties in Puerto Rico with significant political strength and currently holds both the seat of the governor and of the resident commissioner.

The posts of shadow United States senator and shadow United States representative are held by elected or appointed government officials from subnational polities of the United States that lack congressional vote. While these officials are not seated in either chamber of Congress, they seek recognition for their subnational polity, up to full statehood. This would enfranchise them with full voting rights on the floor of the US House and Senate, alongside existing states. As of 2021, only the District of Columbia and Puerto Rico currently have authorized shadow delegations to Congress.

<span class="mw-page-title-main">51st state</span> Proposals to admit a new state into the United States

The 51st state in American political discourse refers to the concept of granting statehood to one of the United States' territories, splitting one or more of the existing states up to form a new state, or granting statehood to the District of Columbia, thereby increasing the number of states in the Union from 50 to 51.

<span class="mw-page-title-main">District of Columbia statehood movement</span> Movement to make the United States capital a state

The District of Columbia statehood movement is a political movement that advocates making the District of Columbia a U.S. state, to provide the residents of the District of Columbia with voting representation in the Congress and complete control over local affairs.

Commonwealth is a term used by two unincorporated territories of the United States in their full official names, which are the Northern Mariana Islands, whose full name is Commonwealth of the Northern Mariana Islands, and Puerto Rico, which is named Commonwealth of Puerto Rico in English and Estado Libre Asociado de Puerto Rico in Spanish, translating to "Free Associated State of Puerto Rico." The term was also used by the Philippines during most of its period under U.S. sovereignty, when it was officially called the Commonwealth of the Philippines.

The United States-Puerto Rico Political Status Act (1998) was a bill proposed in the United States Congress to help refine the political status of Puerto Rico. The senior sponsor of the bill was Representative Don Young, Republican of Alaska. While a version was approved in the House, it failed to reach a vote in the Senate.

<span class="mw-page-title-main">Pedro Pierluisi</span> Governor of Puerto Rico since 2021

Pedro Rafael Pierluisi Urrutia is a Puerto Rican politician and lawyer currently serving as governor of Puerto Rico since January 2, 2021. He has previously served as secretary of justice, resident commissioner, acting secretary of state, de facto governor of Puerto Rico and as private attorney for Puerto Rico's fiscal oversight board under the Puerto Rico Oversight, Management, and Economic Stability Act. He is a member of the New Progressive Party and the Democratic Party of the United States.

<span class="mw-page-title-main">Puerto Rico Democracy Act</span> Bill of the 111th U.S. Congress

The Puerto Rico Democracy Act is a bill to provide for a federally sanctioned self-determination process for the people of Puerto Rico.

<span class="mw-page-title-main">Puerto Rico statehood movement</span> Movement to grant Puerto Rico U.S. statehood

The Puerto Rico statehood movement aims to make Puerto Rico a state of the United States. Puerto Rico is an unincorporated territorial possession of the United States acquired in 1898 following the Spanish–American War, making it "the oldest colony in the modern world". As of 2023, the population of Puerto Rico is 3.2 million, around half the average state population and higher than that of 19 U.S. states. Statehood is one of several competing options for the future political status of Puerto Rico, including: maintaining its current status, becoming fully independent, or becoming a freely associated state. Puerto Rico has held six referendums on the topic. These are non-binding, as the power to grant statehood lies with the US Congress. The most recent referendum was in November 2020, with a majority (52.52%) of those who voted opting for statehood.

<span class="mw-page-title-main">Political status of Puerto Rico</span> Unincorporated territory of the United States

The political status of Puerto Rico is that of an unincorporated territory of the United States officially known as the Commonwealth of Puerto Rico. As such, the island of Puerto Rico is neither a sovereign nation nor a U.S. state.

<span class="mw-page-title-main">1998 Puerto Rican status referendum</span>

A referendum on the political status of Puerto Rico was held on December 13, 1998. Voters were given the choice between statehood, independence, free association, being a territorial commonwealth, or none of the given options. A majority voted for the latter, with a turnout of 71.3%.

A referendum on the political status of Puerto Rico was held in Puerto Rico on November 6, 2012. It was the fourth referendum on status to be held in Puerto Rico. Puerto Rico has been an unincorporated territory of the United States since the Spanish–American War in 1898.

There are differing points of view on whether Puerto Rico's current political status as a territory of the United States should change. Four major viewpoints emerge in principle: that Puerto Rico maintains its current status, becomes a US state, becomes fully independent, or becomes a freely associated state.

<span class="mw-page-title-main">Status quo movement in Puerto Rico</span> Movement for Puerto Rico to remain a commonwealth of the U.S.

The status quo movement in Puerto Rico refers to initiatives throughout the history of Puerto Rico aimed at maintaining the current political status of Puerto Rico, that of a commonwealth of the United States.

<span class="mw-page-title-main">United States party politics and the political status of Puerto Rico</span> Political status of Puerto Rico within the U.S.

Puerto Rico is an unincorporated territory within the United States. As such, the island is neither a U.S. state or a sovereign nation. Due to the territory's ambiguous status, there are ongoing disputes regarding how Puerto Rico should be governed. Both major United States political parties,, have expressed their support for the U.S. citizens in Puerto Rico to exercise their right to self-determination, with the Republican Party platform explicitly mentioning support for right to statehood and the Democratic Party platform voicing broader support for right to self-determination. Puerto Rico has been under U.S. sovereignty for over a century and Puerto Ricans have been U.S. citizens since 1917, but the island's ultimate status still has not been determined and its 3.9 million residents do not have voting representation in their national government.

Three main alternatives are generally presented to Puerto Rican voters during a Puerto Rico political status plebiscite: full independence, maintenance or enhancement of the current commonwealth status, and full statehood into the American Union. The exact expectations for each of these status formulas are a matter of debate by a given position's adherents and detractors. Puerto Ricans have proposed positions that modify the three alternatives above, such as (a) indemnified independence with phased-out US subsidy, (b) expanded political but not fiscal autonomy, and (c) statehood with a gradual phasing out of federal tax exemption.

The Territories Clause of the United States Constitution allows for Congress to "dispose of" Puerto Rico and allow it to become independent of the U.S. or, under the authority of the Admissions Clause for it to be admitted as a state of the United States.

A referendum on the political status of Puerto Rico was held in Puerto Rico on June 11, 2017. The referendum had three options: becoming a state of the United States, independence/free association, or maintaining the current territorial status. Those who voted overwhelmingly chose statehood by 97%. This figure is attributed to a boycott led by the pro-status quo PPD party, which resulted in a 22.93% turnout.

<span class="mw-page-title-main">2020 Puerto Rican status referendum</span> Referendum on becoming a US state

A referendum of the status of Puerto Rico was held on November 3, 2020, concurrently with the general election. The Referendum was announced by Puerto Rico Governor Wanda Vázquez Garced on May 16, 2020. This was the sixth referendum held on the status of Puerto Rico, with the previous one having taken place in 2017. This was the first referendum with a simple yes-or-no question, with voters having the option of voting for or against becoming a U.S. state. The New Progressive Party (PNP), of whom Vázquez is a member, supports statehood, while the opposition Popular Democratic Party (PDP) and Puerto Rican Independence Party (PIP) oppose it.

References

  1. "Full Committee Hearing: Remote Full Committee/Office of Insular Affairs Legislative Hearing – June 16, 2021". U.S. House Committee on Natural Resources. Retrieved 2021-06-16.
  2. 1 2 Rundquist, Paul S. "Resident Commissioner from Puerto Rico". congressionalresearch.com. Retrieved December 17, 2020.
  3. Levinson, Sanford; Sparrow, Bartholomew H. (2005). The Louisiana Purchase and American Expansion: 1803–1898. New York: Rowman & Littlefield Publishers. pp. 166, 178. U.S. citizenship was extended to residents of Puerto Rico by virtue of the Jones Act, chap. 190, 39 Stat. 951 (1971)(codified at 48 U.S.C. § 731 (1987))
  4. "Rama Ejecutiva" (in Spanish). Gobierno del Estado Libre Asociado de Puerto Rico. Archived from the original on August 13, 2007. Retrieved December 17, 2020.
  5. U.S. Insular Areas Application of the U.S. Constitution Archived 2013-11-03 at the Wayback Machine , GAO Nov 1997 Report, p. 24. Viewed June 14, 2013.
  6. "Population, Population Change, and Estimated Components of Population Change: April 1, 2010 to July 1, 2019 (NST-EST2019-alldata)". Census.gov. United States Census Bureau. Archived from the original on January 26, 2020. Retrieved December 24, 2020.
  7. Coto, Dánica (May 16, 2020). "Puerto Rico to hold statehood referendum amid disillusion". The Associated Press. Retrieved December 24, 2020.
  8. Bernal, Rafael (January 10, 2018). "Puerto Rico announces shadow congressional delegation". The Hill. Retrieved December 24, 2020.
  9. 2005 President's Task Force. Page 4 Archived September 25, 2007, at the Wayback Machine .
  10. "PDP to boycott status referendum". April 20, 2017. Archived from the original on September 29, 2017. Retrieved December 24, 2020.
  11. H.R. 260
  12. H.R. 4901
  13. "P.S.1467 - Law for the Final Solution of the Political Status of Puerto Rico". Sistema Único de Trámite Legislativo (SUTRA). Retrieved December 24, 2020.
  14. "Plebiscite: Island Wide Results". Puerto Rico State Commission on Elections. Retrieved December 24, 2020.
  15. McCarthy, Justin (July 18, 2019). "Americans Continue to Support Puerto Rico Statehood". Gallup. Retrieved December 24, 2020.
  16. Panzardi Serra, Diego (November 11, 2020). "The Meaningless Vote for Puerto Rican Statehood". Harvard Political Review. Retrieved December 24, 2020.
  17. Daugherty, Alex (June 18, 2019). "Senate leader McConnell calls support for Puerto Rico statehood 'socialist'". Miami Herald. Retrieved December 24, 2020.
  18. Flores, Carlos (December 3, 2020). "Puerto Rico Statehood Represents An Opportunity for the GOP". The Capitolist . Retrieved December 27, 2020.
  19. Gamboa, Suzanne (December 6, 2020). "What do Senate runoffs in Georgia have to do with Puerto Rico statehood?". NBC News. Retrieved December 29, 2020.
  20. Córdova, Andrés (November 11, 2020). "Puerto Rico's statehood piques Congress's interest post-election". The Hill. Retrieved December 24, 2020.