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Political Status of Puerto Rico: Options for Congress (CRS Report for Congress)

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Release Date Revised June 7, 2011
Report Number RL32933
Report Type Report
Authors Keith Bea, Specialist in American National Government; R. Sam Garrett, Analyst in American National Government
Source Agency Congressional Research Service
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Summary:

The United States acquired the islands of Puerto Rico in 1898 after the Spanish-American War. In 1950, Congress enacted legislation (P.L. 81-600) authorizing Puerto Rico to hold a constitutional convention and in 1952, the people of Puerto Rico ratified a constitution establishing a republican form of government for the island. After being approved by Congress and the President in July 1952 and thus given force under federal law (P.L. 82-447), the new constitution went into effect on July 25, 1952. 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 Rico's 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 four-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 mainland United States, but they pay no federal tax on income earned in Puerto Rico. […] On April 29, 2010, for the first time since 1998, the House approved (223-169) status-related legislation for Puerto Rico. H.R. 2499 (Pierluisi) would have authorized a two-stage plebiscite in Puerto Rico to reconsider the status issue. On May 19, 2010, the Senate Energy and Natural Resources Committee held a hearing on H.R. 2499. No additional action occurred on the bill. Although a change in Puerto Rico's status would require legislative action in Congress, holding plebiscites or otherwise revisiting the issue could be initiated in San Juan or Washington.