[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4281 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 4281
To provide a process leading to full self-government for Puerto Rico.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 1996
Mr. Young of Alaska (for himself, Mr. Burton of Indiana, and Mr.
Gallegly) introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Rules, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide a process leading to full self-government for Puerto Rico.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-
Puerto Rico Political Status Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Policy.
Sec. 4. Process for Puerto Rican full self-government, including the
initial decision stage, transition stage,
and implementation stage.
Sec. 5. Requirements relating to referenda, including inconclusive
referendum and applicable laws.
Sec. 6. Congressional procedures for consideration of legislation.
Sec. 7. Availability of funds for the referenda.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Puerto Rico was ceded to the United States and came
under this Nation's sovereignty pursuant to the Treaty of Paris
ending the Spanish-American War in 1898. Article IX of the
Treaty of Paris expressly recognizes the authority of Congress
to provide for the political status of the inhabitants of the
territory.
(2) Consistent with establishment of United States
nationality for inhabitants of Puerto Rico under the Treaty of
Paris, Congress has exercised its powers under the Territorial
Clause of the Constitution (article IV, section 3, clause 2) to
provide by statute for the citizenship status of persons born
in Puerto Rico, including extension of special statutory United
States citizenship from 1917 to the present.
(3) Consistent with the Territorial Clause and rulings of
the United States Supreme Court, partial application of the
United States Constitution has been established in the
unincorporated territories of the United States including
Puerto Rico.
(4) In 1950 Congress prescribed a procedure for instituting
internal self-government for Puerto Rico pursuant to statutory
authorization for a local constitution. A local constitution
was approved by the people, amended and conditionally approved
by Congress, and thereupon given effect in 1952 after
acceptance of congressional conditions by the Puerto Rico
Constitutional Convention and an appropriate proclamation by
the Governor. The approved constitution established the
structure for constitutional government in respect of internal
affairs without altering Puerto Rico's fundamental political,
social, and economic relationship with the United States and
without restricting the authority of Congress under the
Territorial Clause to determine the application of Federal law
to Puerto Rico, resulting in the present ``Commonwealth''
structure for local self-government. The Commonwealth remains
an unincorporated territory and does not have the status of
``free association'' with the United States as that status is
defined under United States law or international practice.
(5) In 1953 the United States transmitted to the Secretary-
General of the United Nations for circulation to its Members a
formal notification that the United States no longer would
transmit information regarding Puerto Rico to the United
Nations pursuant to Article 73(e) of its Charter. The formal
United States notification document informed the United Nations
that the cessation of information on Puerto Rico was based on
the ``new constitutional arrangements'' in the territory, and
the United States expressly defined the scope of the ``full
measure'' of local self-government in Puerto Rico as extending
to matters of ``internal government and administration, subject
only to compliance with applicable provisions of the Federal
Constitution, the Puerto Rico Federal Relations Act and the
acts of Congress authorizing and approving the Constitution, as
may be interpreted by judicial decision.''. Thereafter, the
General Assembly of the United Nations, based upon consent of
the inhabitants of the territory and the United States
explanation of the new status as approved by Congress, adopted
Resolution 748 (VIII) by a vote of 22 to 18 with 19
abstentions, thereby accepting the United States determination
to cease reporting to the United Nations on the status of
Puerto Rico.
(6) In 1960 the United Nations General Assembly approved
Resolution 1541 (XV), clarifying that under United Nations
standards regarding the political status options available to
the people of territories yet to complete the process for
achieving full self-government, the three established forms of
full self-government are national independence, free
association based on separate sovereignty, or full integration
with another nation on the basis of equality.
(7) The ruling of the United States Supreme Court in the
1980 case Harris v. Rosario (446 U.S. 651) confirmed that
Congress continues to exercise authority over Puerto Rico as
territory ``belonging to the United States'' pursuant to the
Territorial Clause found at Article IV, section 3, clause 2 of
the United States Constitution, a judicial interpretation of
Puerto Rico's status which is in accordance with the clear
intent of Congress that establishment of local constitutional
government in 1952 did not alter Puerto Rico's status as an
unincorporated United States territory.
(8) In a joint letter dated January 17, 1989, cosigned by
the Governor of Puerto Rico in his capacity as president of one
of Puerto Rico's principal political parties and the presidents
of the two other principal political parties of Puerto Rico,
the United States was formally advised that ``. . . the People
of Puerto Rico wish to be consulted as to their preference with
regards to their ultimate political status'', and the joint letter
stated ``. . . that since Puerto Rico came under the sovereignty of the
United States of America through the Treaty of Paris in 1898, the
People of Puerto Rico have not been formally consulted by the United
States of America as to their choice of their ultimate political
status''.
(9) In the 1989 State of the Union Message, President
George Bush urged the Congress to take the necessary steps to
authorize a federally recognized process allowing the people of
Puerto Rico, for the first time since the Treaty of Paris
entered into force, to freely express their wishes regarding
their future political status in a congressionally recognized
referendum, a step in the process of self-determination which
the Congress has yet to authorize.
(10) In November of 1993, the Government of Puerto Rico
conducted a plebiscite initiated under local law on Puerto
Rico's political status. In that vote none of the three status
propositions received a majority of the votes cast. The results
of that vote were: 48.6 percent commonwealth, 46.3 percent
statehood, and 4.4 percent independence.
(11) In 1994, President William Jefferson Clinton
established the Executive Branch Interagency Working Group on
Puerto Rico to coordinate the review, development, and
implementation of executive branch policy concerning issues
affecting Puerto Rico, including the November 1993 plebiscite.
(12) There have been inconsistent and conflicting
interpretations of the 1993 plebiscite results, and under the
Territorial Clause of the Constitution, Congress has the
authority and responsibility to determine Federal policy and
clarify status issues in order to advance the self-
determination process in Puerto Rico.
(13) On December 14, 1994, the Puerto Rico Legislature
enacted Concurrent Resolution 62, which requested the 104th
Congress to respond to the results of the 1993 Puerto Rico
Status Plebiscite and to indicate the next steps in resolving
Puerto Rico's political status.
(14) Nearly 4,000,000 United States citizens live in the
islands of Puerto Rico, which have been under United States
sovereignty and within the United States customs territory for
almost 100 years, making Puerto Rico the oldest, largest, and
most populous United States island territory at the
southeastern-most boundary of our Nation, located astride the
strategic shipping lanes of the Atlantic Ocean and Caribbean
Sea.
(15) Full self-government for Puerto Rico is attainable
only through establishment of a political status which is based
on either separate Puerto Rican sovereignty and nationality or
full and equal United States nationality and citizenship
through membership in the Union and under which Puerto Rico is
no longer an unincorporated territory subject to the plenary
authority of Congress arising from the Territorial Clause.
SEC. 3. POLICY.
(a) Congressional Commitment.--In recognition of the significant
level of local self-government which has been attained by Puerto Rico,
and the responsibility of the Federal Government to enable the people
of the territory to freely express their wishes regarding political
status and achieve full self-government, this Act is adopted with a
commitment to encourage the development and implementation of
procedures through which the permanent political status of the people
of Puerto Rico can be determined.
(b) Official Language.--It is the policy of the Congress that
English shall be the common language of mutual understanding in the
United States, and that this policy shall apply in all of the States
duly and freely admitted to the Union. The Congress recognizes that at
the present time, Spanish and English are the joint official languages
of Puerto Rico, and have been for nearly 100 years; that English is the
official language of Federal courts in Puerto Rico; that the ability to
speak English is a requirement for Federal jury services; yet Spanish
rather than English is currently the predominant language used by the
majority of the people of Puerto Rico; and that Congress has the
authority to expand existing English language requirements in the
Commonwealth of Puerto Rico. In the event that the referenda held under
this Act result in approval of sovereignty leading to Statehood, it is
anticipated that upon accession to Statehood, English would become the
official language of the Federal Government in Puerto Rico to the same
extent as Federal law then requires throughout the United States.
Congress also recognizes the significant advantage that proficiency in
Spanish as well as English has bestowed on the people of Puerto Rico,
and further that this will serve the best interests of both Puerto Rico
and the rest of the United States in our mutual dealings in the
Caribbean, Latin America, and throughout the Spanish-speaking world.
SEC. 4. PROCESS FOR PUERTO RICAN FULL SELF-GOVERNMENT, INCLUDING THE
INITIAL DECISION STAGE, TRANSITION STAGE, AND
IMPLEMENTATION STAGE.
(a) Initial Decision Stage.--A referendum on Puerto Rico's
political status shall be held not later than December 31, 1998. The
referendum shall be held pursuant to this Act and in accordance with
the applicable provisions of Puerto Rico's electoral law and other
relevant statutes consistent with this Act. Approval of a status option
must be by a majority of the valid votes cast. The referendum shall be
on the approval of 1 of the 3 options presented on the ballot as
follows:
``Instructions: Mark the status option you choose as each is
defined below. Ballot with more than 1 option marked will not be
counted.
``A. Commonwealth.--If you agree, mark here ______
``Puerto Rico should retain Commonwealth, in which--
``(1) Puerto Rico continues the present Commonwealth
structure for self government with respect to internal affairs
and administration;
``(2) provisions of the Constitution and laws of the United
States apply to Puerto Rico as determined by Congress;
``(3) Puerto Rico remains a locally self-governing
unincorporated territory of the United States;
``(4) continuation or modification of current Federal law
and policy applicable to Puerto Rico remains within the
discretion of Congress; and
``(5) the ultimate status of Puerto Rico will be determined
through a process authorized by Congress which includes self
determination by the people of Puerto Rico in periodic
referenda.
``B. Separate Sovereignty.--If you agree, mark here ______
``Puerto Rico should become fully self governing through separate
sovereignty leading to independence or free association, in which--
``(1) Puerto Rico is a sovereign nation with full authority
and responsibility for its internal and external affairs and
has the capacity to exercise in its own name and right the
powers of government with respect to its territory and
population;
``(2) a negotiated treaty of friendship and cooperation, or
an international bilateral pact of free association terminable
at will by either Puerto Rico or the United States, defines
future relations between Puerto Rico and the United States,
providing for cooperation and assistance in matters of shared
interest as agreed and approved by Puerto Rico and the United
States pursuant to this Act and their respective constitutional
processes;
``(3) a constitution democratically instituted by the
people of Puerto Rico, establishing a republican form of full
self-government and securing the rights of citizens of the
Puerto Rican nation, is the supreme law, and the Constitution
and laws of the United States no longer apply in Puerto Rico;
``(4) The people of Puerto Rico owe allegiance to the
sovereign nation of Puerto Rico and have the nationality, and
citizenship thereof; United States sovereignty, nationality,
and citizenship in Puerto Rico is ended; birth in Puerto Rico
and relationship to persons with statutory United States
citizenship by birth in the former territory are not bases for
United States nationality or citizenship, except that persons
who had such United States citizenship have a statutory right
to retain United States nationality and citizenship for life,
by entitlement or election as provided by the United States
Congress, based on continued allegiance to the United States:
Provided, That such persons will not have this statutory United
States nationality and citizenship status upon having or
maintaining allegiance, nationality, and citizenship rights in
any sovereign nation other than the United States;
``(5) upon recognition of Puerto Rico by the United States
as a sovereign nation and establishment of government-to-
government relations on the basis of comity and reciprocity,
Puerto Rico's representation to the United States is accorded
full diplomatic status;
``(6) Puerto Rico is eligible for United States assistance
provided on a government-to-government basis, including foreign
aid or programmatic assistance, at levels subject to agreement
by the United States and Puerto Rico;
``(7) property rights and previously acquired rights vested
by employment under laws of Puerto Rico or the United States
are honored, and where determined necessary such rights are
promptly adjusted and settled consistent with government-to-
government agreements implementing the separation of
sovereignty; and
``(8) Puerto Rico is outside the customs territory of the
United States, and trade between the United States and Puerto
Rico is based on a treaty.
``C. Statehood.--If you agree, mark here ______
``Puerto Rico should become fully self governing through United
States sovereignty leading to Statehood, in which--
``(1) the people of Puerto Rico are fully self-governing
with their rights secured under the United States Constitution,
which is the supreme law and has the same force and effect as
in the other States of the Union;
``(2) the sovereign State of Puerto Rico is in permanent
union with the United States, and powers not delegated to the
Federal Government or prohibited to the States by the United
States Constitution are reserved to the people of Puerto Rico
or the State Government;
``(3) United States citizenship of those born in Puerto
Rico is guaranteed, protected and secured in the same way it is
for all United States citizens born in the other States;
``(4) residents of Puerto Rico have equal rights and
benefits as well as equal duties and responsibilities of
citizenship, including payment of Federal taxes, as those in
the several States;
``(5) Puerto Rico is represented by two members in the
United States Senate and is represented in the House of
Representatives proportionate to the population;
``(6) United States citizens in Puerto Rico are
enfranchised to vote in elections for the President and Vice
President of the United States; and
``(7) English is the official language of business and
communication in Federal courts and Federal agencies as made
applicable by Federal law to every other State, and Puerto Rico
is enabled to expand and build upon existing law establishing
English as an official language of the State government,
courts, and agencies.''.
(b) Transition Stage.--
(1) Plan.--(A) Within 180 days of the receipt of the
results of the referendum from the Government of Puerto Rico
certifying approval of a ballot choice of full self-government
in a referendum held pursuant to subsection (a), the President
shall develop and submit to Congress legislation for a
transition plan of 10 years minimum which leads to full self-
government for Puerto Rico consistent with the terms of this
Act and in consultation with officials of the three branches of
the Government of Puerto Rico, the principal political parties
of Puerto Rico, and other interested persons as may be
appropriate.
(B) Additionally, in the event of a vote in favor of
separate sovereignty, the Legislature of Puerto Rico, if deemed
appropriate, may provide by law for the calling of a
constituent convention to formulate, in accordance with
procedures prescribed by law, Puerto Rico's proposals and
recommendations to implement the referendum results. If a
convention is called for this purpose, any proposals and
recommendations formally adopted by such convention within time
limits of this Act shall be transmitted to Congress by the
President with the transition plan required by this section,
along with the views of the President regarding the
compatibility of such proposals and recommendations with the
United States Constitution and this Act, and identifying which,
if any, of such proposals and recommendations have been
addressed in the President's proposed transition plan.
(C) Additionally, in the event of a vote in favor of United
States sovereignty leading to Statehood, the President shall
include in the transition plan provided for in this Act,
proposals and incentives to increase the opportunities of the
people of Puerto Rico to learn to speak, read, write, and
understand English fully, including but not limited to, the
teaching of English in public schools, fellowships, and
scholarships. The transition plan should promote the usage of
English by the United States citizens of Puerto Rico, in order
to best allow for--
(i) the enhancement of the century old practice of
English as an official language of Puerto Rico,
consistent with the preservation of our Nation's unity
in diversity and the prevention of divisions along
linguistic lines;
(ii) the use of language skills necessary to
contribute most effectively to the Nation in all
aspects, including but not limited to Hemispheric
trade, and for citizens to enjoy the full rights and
benefits of their citizenship;
(iii) the promotion of efficiency and fairness to
all people in the conduct of the Federal and State
government's official business; and
(iv) the ability of all citizens to take full
advantage of the economical, educational, and
occupational opportunities through full integration
with the United States.
(2) Congressional consideration.--The plan shall be
considered by the Congress in accordance with section 6.
(3) Puerto rican approval.--
(A) Not later than 180 days after enactment of an
Act pursuant to paragraph (1) providing for the
transition to full self-government for Puerto Rico as
approved in the initial decision referendum held under
subsection (a), a referendum shall be held under the
applicable provisions of Puerto Rico's electoral law on
the question of approval of the transition plan.
(B) Approval must be by a majority of the valid
votes cast. The results of the referendum shall be
certified to the President of the United States.
(4) Effective date for transition plan.--The President of
the United States shall issue a proclamation announcing the
effective date of the transition plan to full self-government
for Puerto Rico.
(c) Implementation Stage.--
(1) Presidential recommendation.--Not less than two years
prior to the end of the period of the transition provided for
in the transition plan approved under subsection (b), the
President shall submit to Congress legislation with a
recommendation for the implementation of full self-government
for Puerto Rico consistent with the ballot choice approved
under subsection (a).
(2) Congressional consideration.--The plan shall be
considered by the Congress in accordance with section 6.
(3) Puerto rican approval.--
(A) Within 180 days after enactment of the terms of
implementation for full self-government for Puerto
Rico, a referendum shall be held under the applicable
provisions of Puerto Rico's electoral laws on the
question of the approval of the terms of implementation
for full self-government for Puerto Rico.
(B) Approval must be by a majority of the valid
votes cast. The results of the referendum shall be
certified to the President of the United States.
(4) Effective date of full self-government.--The President
of the United States shall issue a proclamation announcing the
date of implementation of full self-government for Puerto Rico.
SEC. 5. REQUIREMENTS RELATING TO REFERENDA, INCLUDING INCONCLUSIVE
REFERENDUM AND APPLICABLE LAWS.
(a) Applicable Laws.--
(1) Referenda under puerto rican laws.--The referenda held
under this Act shall be conducted in accordance with the
applicable laws of Puerto Rico, including laws of Puerto Rico
under which voter eligibility is determined and which require
United States citizenship and establish other statutory
requirements for voter eligibility of residents and
nonresidents.
(2) Federal laws.--The Federal laws applicable to the
election of the Resident Commissioner of Puerto Rico shall, as
appropriate and consistent with this Act, also apply to the
referenda. Any reference in such Federal laws to elections
shall be considered, as appropriate, to be a reference to the
referenda, unless it would frustrate the purposes of this Act.
(b) Certification of Referenda Results.--The results of each
referendum held under this Act shall be certified to the President of
the United States and the Senate and House of Representatives of the
United States by the Government of Puerto Rico.
(c) Consultation and Recommendations for Inconclusive Referendum.--
(1) In general.--If a referendum provided in section 4(b)
or (c) of this Act does not result in approval of a fully self-
governing status, the President, in consultation with officials
of the three branches of the Government of Puerto Rico, the
principal political parties of Puerto Rico, and other
interested persons as may be appropriate, shall make
recommendations to the Congress within 180 days of receipt of
the results of the referendum.
(2) Existing structure to remain in effect.--If the
inhabitants of the territory do not achieve full self-
governance through either integration into the Union or
separate sovereignty in the form of independence or free
association, Puerto Rico will remain an unincorporated
territory of the United States, subject to the authority of
Congress under Article IV, Section 3, Clause 2 of the United
States Constitution. In that event, the existing Commonwealth
of Puerto Rico structure for local self-government will remain
in effect, subject to such other measures as may be adopted by
Congress in the exercise of it's Territorial Clause powers to
determine the disposition of the territory and status of it's
inhabitants.
(3) Authority of congress to determine status.--Since
current unincorporated territory status of the Commonwealth of
Puerto Rico is not a permanent, unalterable or guaranteed
status under the Constitution of the United States, Congress
retains plenary authority and responsibility to determine a
permanent status for Puerto Rico consistent with the national
interest. The Congress historically has recognized a commitment
to take into consideration the freely expressed wishes of the
people of Puerto Rico regarding their future political status.
This policy is consistent with respect for the right of self-
determination in areas which are not fully self-governing, but
does not constitute a legal restriction or binding limitation
on the Territorial Clause powers of Congress to determine a
permanent status of Puerto Rico. Nor does any such restriction
or limitation arise from the Puerto Rico Federal Relations Act
(48 U.S.C. 731 et seq.).
(4) Additional referenda.--To ensure that the Congress is
able on a continuing basis to exercise its Territorial Clause
powers with due regard for the wishes of the people of Puerto
Rico respecting resolution of Puerto Rico's permanent future
political status, in the event that a referendum conducted
under section four is inconclusive as provided in this
subsection, or a majority vote to continue the Commonwealth
structure as a territory, there shall be another referendum in
accordance with this Act prior to the expiration of a period of
four years from the date such inconclusive results are
certified or determined. This procedure shall be repeated every
four years, but not in a general election year, until Puerto
Rico's unincorporated territory status is terminated in favor
of a recognized form of full self-government in accordance with
this Act.
SEC. 6. CONGRESSIONAL PROCEDURES FOR CONSIDERATION OF LEGISLATION.
(a) In General.--The majority leader of the House of
Representatives (or his designee) and the majority leader of the Senate
(or his designee) shall each introduce legislation (by request)
providing for the transition plan under section 4(b) and the
implementation recommendation under section 4(c) not later than 5
legislative days after the date of receipt by Congress of the
submission by the President under that section, as the case may be.
(b) Referral.--The legislation shall be referred on the date of
introduction to the appropriate committee or committees in accordance
with rules of the respective Houses. The legislation shall be reported
not later than the 120th calendar day after the date of its
introduction. If any such committee fails to report the bill within
that period, that committee shall be automatically discharged from
consideration of the legislation, and the legislation shall be placed
on the appropriate calendar.
(c) Consideration.--
(1) After the 14th legislative day after the date on which
the last committee of the House of Representatives or the
Senate, as the case may be, has reported or been discharged
from further consideration of such legislation, it is in order
after the legislation has been on the calendar for 14
legislative days for any Member of that House in favor of the
legislation to move to proceed to the consideration of the
legislation (after consultation with the presiding officer of
that House as to scheduling) to move to proceed to its
consideration at any time after the third legislative day on
which the Member announces to the respective House concerned
the Member's intention to do so. All points of order against
the motion to proceed and against consideration of that motion
are waived. The motion is highly privileged in the House of
Representatives and is privileged in the Senate and is not
debatable. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of the
legislation is agreed to, the respective House shall
immediately proceed to consideration of the legislation without
intervening motion (exception one motion to adjourn), order, or
other business.
(2)(A) In the House of Representatives, during
consideration of the legislation in the Committee of the Whole,
the first reading of the legislation shall be dispensed with.
General debate shall be confined to the legislation, and shall
not exceed 4 hours equally divided and controlled by a
proponent and an opponent of the legislation. After general
debate, the legislation shall be considered as read for
amendment under the five-minute rule. Consideration of the
legislation for amendment shall not exceed 4 hours excluding
time for recorded votes and quorum calls. At the conclusion of
the bill for amendment, the Committee shall rise and report the
bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the legislation and amendments thereto to final passage
without intervening motion, except one motion to recommit with
or without instructions. A motion to reconsider the vote on
passage of the legislation shall not be in order.
(B) In the Senate, debate on the legislation, and all
amendments thereto and debatable motions and appeals in
connection therewith, shall be limited to not more than 25
hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader or
their designees. No amendment that is not germane to the
provisions of such legislation shall be received. A motion to
further limit debate is not debatable.
(3) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating
to the legislation described in subsection (a) shall be decided
without debate.
(d) Consideration by Other House.--(1) If, before the passage by
one House of the legislation described in subsection (a) that was
introduced in that House, that House receives from the other House the
legislation described in subsection (a)--
(A) the legislation of the other House shall not be
referred to a committee and may not be considered in the House
that receives it otherwise than on final passage under
subparagraph (B)(ii) or (iii); and
(B)(i) the procedure in the House that receives such
legislation with respect to such legislation that was
introduced in that House shall be the same as if no legislation
had been received from the other House; but
(ii) in the case of legislation received from the other
House that is identical to the legislation as engrossed by the
receiving House, the vote on final passage shall be on the
legislation of the other House; or
(iii) after passage of the legislation, the legislation of
the other House shall be considered as amended with the text of
the legislation just passed and shall be considered as passed,
and that House shall be considered to have insisted on its
amendment and requested a conference with the other House.
(2) Upon disposition of the legislation described in
subsection (a) that is received by one House from the other
House, it shall no longer be in order to consider such
legislation that was introduced in the receiving House.
(e) Upon receiving from the other House a message in which that
House insists upon its amendment to the legislation and requests a
conference with the House of Representatives or the Senate, as the case
may be, on the disagreeing votes thereon, the House receiving the
request shall be considered to have disagreed to the amendment of the
other House and agreed to the conference requested by that House.
(f) Definition.--For the purposes of this section, the term
``legislative day'' means a day on which the House of Representatives
or the Senate, as appropriate, is in session.
(g) Exercise of Rulemaking Power.--The provisions of this section
are enacted by the Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives and, as such, shall be
considered as part of the rules of each House and shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedures of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 7. AVAILABILITY OF FUNDS FOR THE REFERENDA.
(a) In General.--
(1) Availability of amounts derived from tax on foreign
rum.--During the period beginning on October 1, 1996, and
ending on the date the President determines that all referenda
required by this Act have been held, from the amounts covered
into the treasury of Puerto Rico under section 7652(e)(1) of
the Internal Revenue Code of 1986, the Secretary of the
Treasury--
(A) upon request and in the amounts identified from
time to time by the President, shall make the amounts
so identified available to the treasury of Puerto Rico
for the purposes specified in subsection (b); and
(B) shall transfer all remaining amounts to the
treasury of Puerto Rico, as under current law.
(2) Report of referenda expenditures.--Within 180 days
after each referendum required by this Act, and after the end
of the period specified in paragraph (1), the President, in
consultation with the Government of Puerto Rico, shall submit a
report to the United States Senate and United States House of
Representatives on the amounts made available under paragraph
(1)(A) and all other amounts expended by the State Elections
Commission of Puerto Rico for referenda pursuant to this Act.
(b) Grants for Conducting Referenda and Voter Education.--From
amounts made available under subsection (a)(1), the Government of
Puerto Rico shall make grants to the State Elections Commission of
Puerto Rico for referenda held pursuant to the terms of this Act, as
follows:
(1) 50 percent shall be available only for costs of
conducting the referenda.
(2) 50 percent shall be available only for voter education
funds for the central ruling body of the political party,
parties, or other qualifying entities advocating a particular
ballot choice. The amount allocated for advocating a ballot
choice under this paragraph shall be apportioned equally among
the parties advocating that choice.
(c) Additional Resources.--In addition to amounts made available by
this Act, the Puerto Rico Legislature may allocate additional resources
for administrative and voter education costs to each party so long as
the distribution of funds is consistent with the apportionment
requirements of subsection (b).
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