December 16th marked a notable anniversary in Congress. On this day in 2022, the House of Representatives passed the Puerto Rico Status Act, a bill proposing to give the voters of Puerto Rico an opportunity to transition the island’s current relationship with the U.S. as a territory into a permanent, democratic arrangement. The unusual Puerto Rico-U.S. relationship is often referred to as Puerto Rico’s “political status.”
The Basics: Puerto Rico is a U.S. Territory
Puerto Rico is an unincorporated territory belonging to the United States. Over the years, there has been confusion about the territory’s precise political status, but Puerto Rico’s territorial status has not changed in more than a century.
The federal government has clarified that Puerto Rico can remain a territory, become a state, or become an independent nation with or without a Compact of Free Association (COFA). There are no other status options available under the U.S. Constitution.
The Puerto Rico Status Act
The Puerto Rico Status Act is a bill negotiated among Puerto Rican leaders and Members of Congress. It would give Puerto Rico voters a choice from among the two non-territorial status options possible under U.S. and international law: statehood and independence (either with or without a COFA). If Congress passes the bill, it would constitute an agreement to implement the option the voters choose. The people of Puerto Rico would vote, and Puerto Rico would transition to a more democratic arrangement, no longer as a U.S. territory.
The bill was passed by the House of Representatives in 2022. However, Congress adjourned without the U.S. Senate having a corresponding vote. Both the House and the Senate must pass a bill before it can go the president and be signed into law.
The Upshot
Although the bill was passed by the House, bringing Puerto Rico a step closer to resolving its undemocratic political status and becoming either a state or a nation, the proposal did not become law. A new Congress came in the following month, January 2023. The Puerto Rico Status Act was soon reintroduced and amassed considerable support: 101 cosponsors in the House of Representatives and 26 cosponsors on a companion bill in the Senate. Yet the current Congress is scheduled to adjourn imminently, and if the bill is to continue its journey, it will have to be reintroduced in Congress once again when the 119th Congress adjourns in January of 2025.
