Defining Decolonial Visions
1989 to Present
Writing about the present in historical terms is always challenging because the present is in constant motion. However, glancing backwards in time, it is possible to discern some events and political situations that have shaped some of the political debates over the future political status of Puerto Rico. These debates include: the end of the Cold War in 1989; the 1989-1991 plebiscitary process; the post-2007 great recession and the ensuing economic crisis afflicting Puerto Rico; as well as the constitutional attacks on the legitimacy of the post-1952 autonomic government. These appear to be the key political events shaping most of the post-1989 political status bills debated in Congress.
End of the Cold War
The implosion of the Soviet Union in 1989 opened the door for a new series of discussions over Puerto Rico’s future political status. In addition, the advent of new technologies of war, reduced the need to hold strategic military bases around the world. Simply put, Puerto Rico no longer plays a geo-strategic role for the United States. Removing the strategic value from Puerto Rico raises the questions: Why retain such an expensive colony?
1989-1991 Plebiscitary Process
The 1989-1991 plebiscitary debates stand as the most substantive political debates on the question of Puerto Rico’s political status in the history of federal political status debates. There is no question that these were the most serious and comprehensive debates in the 123+ year history of federal status debates for Puerto Rico. In fact, for many law and policymakers, the debates that took place during the 101st Congress are the starting point for contemporary political debates over the political status legislation for Puerto Rico.
Economic Crisis
Some research suggests that Puerto Ricans view a change in Puerto Rico’s political status as a solution to the economic crisis of this period. The great recession of 2007, exacerbated by local government corruption and mismanagement of federal funds, the devastation of Hurricane Maria and other natural events, the austerity measures of the Fiscal Oversight and Management Board, delays in transfer of federal funds, lack of parity funding for social programs, and other economic issues, some scholars argue, have created a local economic crisis that has prompted lawmakers to suggest that statehood can provide a viable option to address the island’s economic crisis. Certainly, some pro-statehood legislation introduced during this period are anchored on this argument.
Crisis of the Commonwealth
In recent years, the federal government has indicated that it does not recognize the compact and corresponding Commonwealth status as a constitutionally legitimate political status. Following the 2012 Puerto Rican Plebiscite, the Obama Administration called for a series of voter education and status plebiscites to offer an alternative political status for Puerto Rico. The Supreme Court has issued various rulings affirming Puerto Rico’s unincorporated territorial status and the Puerto Rican government’s lack of political sovereignty, essentially declaring that Puerto Rico is completely subordinate to Congress and Congress enacted PROMESA, stripping the local government of significant powers to regulate Puerto Rico’s economy. Simply put, all branches of the Federal government agree that Puerto Rico is a mere unincorporated territory subject to the plenary powers of Congress.
Political Parties and Ideologies in Puerto Rico
The Puerto Rican political party landscape has expanded since the end of the Cold War. The traditional political parties, namely the Partido Popular Democratico (PPD) (Commonwealth); Partido Nuevo Progresista (PNP) (statehood); and Partido Independentista Puertorriqueño (PIP) (independence) are now facing new challenges from alternative political parties such as Movimiento Victoria Ciudadana (progressive) and Proyecto Dignidad (right wing/conservative). It is important to note, that there is growing interest in a fourth status alternative, namely “Sovereignty in Free Association,” a political alternative to the independence status put forward by the progressive wing of the PPD. More importantly, so-called Commonwealth or autonomic status has been under attacked and consistently excluded from recent status bills.
Congress and the Question of Puerto Rico’s Political Status
101st Congress (1989-1990)
Five bills were introduced in the 101st congress. All bills, namely S. 710, S. 711, S. 712, H.R. 3536 and H.R. 4765 were part of a plebiscitary process that took place between 1989 and 1991. Although this was the most substantive plebiscitary process in the history of the relationship between PR and the United States, the 101st Congress did not enact any status changing legislation for Puerto Rico.
See 101st Bills102nd Congress (1991-1992)
Two bills were introduced in the 102nd Congress. Both bills, H.R. 316 and S. 244 provided for local plebiscites. The 102nd Congress did not enact any status changing legislation for Puerto Rico.
See 102nd Bills103rd Congress (1993-1994)
Six bills were introduced in the 103rd congress. Three resolutions were introduced, namely H. Con Res. 94, S. Con. Res 75 and H. Con. Res 300. In addition, three bills H.R. 31715, H.R. 4442, and H.R 5005 provided for consultations on Puerto Rico’s political status. The 103rd Congress did not enact any status changing legislation for Puerto Rico.
See 103rd Bills104th Congress (1995-1996)
Five bills were introduced in the 104th Congress. One resolution, H. Con. Res. 11, affirmed the right of Puerto Ricans self-determination over the status of Puerto Rico. The four additional bills debated during this Congress, H.R. 3024, S. 2019, H.R. 4228 and H.R. 4281, proposed various types of plebiscites to determine the future status of the Puerto Rican islands. These plebiscites offered various mechanism enabling Puerto Rican electors to choose among multiple status alternatives. The 104th Congress did not enact any status changing legislation for Puerto Rico.
See 104th Bills105th Congress (1997-1998)
Three bills were introduced during the 105th Congress. Two of these bills, S. 472 and H.R. 856 were plebiscitary legislation and contained multiple options, namely Commonwealth, Statehood, Independence, or Free Association. The remaining bill, S. Res. 279, was a Resolution on the right to self-determination. The 105th Congress did not enact any status changing legislation for Puerto Rico.
See 105th Bills106th Congress (1999-2000)
One status bill was introduced in the 106th Congress. H.R. 4751 contained a provision advocating for a Commonwealth/Permanent Union option. The 106th Congress did not enact any status changing legislation for Puerto Rico.
See 106th Bills109th Congress (2005-2006)
Four plebiscitary bills were introduced during the 109th Congress. Two of the bills were companion bills, namely H.R. 4963 and S. 2304. A third bill, S. 2661, also called for a plebiscite. In contrast, H.R. 4867 called for a two-stage plebiscite, a departure from the latter three bills. The 109th Congress did not enact any status changing legislation for Puerto Rico.
See 109th Bills110th Congress (2007-2008)
Three bills were introduced in the 110th Congress. Two bills, H.R. 900 and S. 1936 provided for local plebiscites. The third bill, H.R. 1230, provided for a referendum on the outcome of a status convention. The 110th Congress did not enact any status changing legislation for Puerto Rico.
See 110th Bills111th Congress (2009-2010)
Only one bill was introduced during the 111th Congress. This bill, H.R. 2499 provided for a plebiscite containing four status options, namely: Commonwealth, Independence, Sovereignty in Association, and Statehood. This bill cleared the house but died in the Senate. The 111th Congress did not enact any status changing legislation for Puerto Rico.
See 111th Bills113th Congress (2013-2014)
Three bills were introduced in the 113th Congress. Two bills, H.R. 2000 and S. 2020, were status legislation which included provisions for statehood. In addition, Congress passed a Budget Law, Pub. L. 113-76) (H.R. 3547), containing a provision calling for a voter education campaign and subsequent plebiscite. This provision was introduced in response to the 2012 Puerto Rican status plebiscite. The 113th Congress did not enact any legislation that changed Puerto Rico’s political status.
See 113th Bills114th Congress (2015-2016)
Two bills were introduced and one law passed during the 114th Congress. One status bill, H.R. 727 included a statehood provision. The other, S. 3044, a plebiscitary bill included three status options: statehood, sovereignty, and Commonwealth or status quo. The PROMESA Law, a fiscal measure to manage Puerto Rico’s economy, contained a provision affirming the right of Puerto Ricans to determine its future political status including by conducting a plebiscite. The 114th Congress did not enact any status changing legislation for Puerto Rico.
See 114th Bills115th Congress (2017-2018)
Three bills were introduced in the 115th Congress. Two status bills, H.R. 260 and H.R. 6246 advocated for statehood. A third bill, H.R. 900 provided for a referendum between two options: independence or Free Association. The 115th Congress did not enact any status changing legislation for Puerto Rico.
See 115th Bills116th Congress (2019-2020)
Three status bills were introduced in the 116th Congress. Two bills, H.R. 1965 and H.R. 4901 advocated for statehood. The third bill, H.R. 8113 called for a self-determination process to identify a final status solution. The 116th Congress did not enact any status changing legislation for Puerto Rico.
See 116th Bills117th Congress (2021-2022)
Six plebiscitary bills were introduced during the 117th Congress. The first four bills introduced, namely H.R. 1522/S. 780, H.R. 2070/S. 865, excluded the “Commonwealth” as a status option or alternative for Puerto Rican voters. A fifth plebiscitary bill introduced in the Senate, S. 4560, included the Commonwealth option. A sixth bill, H.R. 8393, reconciled the first four bills and ultimately passed a House vote prior to the closing of the 117th Congress.
See 117th Bills118th Congress (2023-present)
As of the time of this writing, Congress has only introduced one plebiscitary bill during the 118th Congress. H.R. 2757 reproduced H.R. 8393 (117th Congress). No action has been taken on this bill and Representative Grijalva has suggested that he does not expect any resolution of Puerto Rico’s political status to take place during the 118th Congress or while the Republican Party control’s Congress.
See 118th Bills