[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 856 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 856

 To provide a process leading to full self-government for Puerto Rico.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 1997

Mr. Young of Alaska (for himself, Mr. Gingrich, Mr. Romero-Barcelo, Mr. 
  Gallegly, Mr. Burton of Indiana, Mr. Serrano, Mr. Kennedy of Rhode 
Island, Mr. Calvert, Mr. Gilman, Mr. Rahall, Mr. Tauzin, Mr. Green, Mr. 
McCollum, Mr. Deutsch, Mr. Pombo, Mr. Payne, Mr. Gilchrest, Mr. Jones, 
 Mr. Stump, Mr. Sawyer, Mr. Fazio of California, Mr. Skeen, Mr. Dooley 
 of California, Mr. Kildee, Ms. Norton, Mr. Underwood, Mr. Klink, Mr. 
 Hinchey, Mr. Farr of California, Mr. Wynn, Mr. Davis of Virginia, Mr. 
   Hall of Ohio, Ms. Jackson-Lee of Texas, Mr. DeFazio, Mrs. Meek of 
Florida, Mr. Kucinich, Mr. Barcia, Mr. Pastor, Mr. Torres, Mr. Pallone, 
 Mr. Pascrell, Mr. Lewis of Georgia, Ms. Pelosi, Ms. Christian-Green, 
Mr. Vento, Mrs. Mink of Hawaii, Mr. Pickett, Mr. Kim, Mr. Rothman, Mr. 
 English of Pennsylvania, Mr. Forbes, Mr. Thompson, Mr. Hinojosa, Mr. 
    Ackerman, Mr. Oxley, Mr. Hastings of Florida, Mr. Tierney, Mr. 
  Abercrombie, Mr. Bishop, Mr. Saxton, Mr. Miller of California, Mr. 
Smith of Washington, Mr. Engel, Mr. John, Mr. DeLay, Ms. Slaughter, and 
 Ms. Sanchez) 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, table of contents.
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 October 1, 1997, 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).
                                 <all>