[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 856 Reported in House (RH)]
Union Calendar No. 106
105th CONGRESS
1st Session
H. R. 856
[Report No. 105-131, Part I]
_______________________________________________________________________
A BILL
To provide a process leading to full self-government for Puerto Rico.
_______________________________________________________________________
July 11, 1997
The Committee on Rules discharged; referred to the Committee of the
Whole House on the State of the Union and ordered to be printed
Union Calendar No. 106
105th CONGRESS
1st Session
H. R. 856
[Report No. 105-131, Part I]
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
June 12, 1997
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
June 12, 1997
Referral to the Committee on Rules extended for a period ending not
later than July 11, 1997
July 11, 1997
Additional sponsors: Mr. Delahunt, Mr. Markey, Mr. Clyburn, Mr. Owens,
Mr. Clay, Mr. Fattah, Mr. Hastert, Mr. Ortiz, Mr. Oberstar, Mr. Reyes,
Mr. Martinez, Mr. Dickey, Mr. Hoyer, Mr. Hansen, Mr. Kind, Mr. Snyder,
Mr. McNulty, Mr. Lazio of New York, Mr. Radanovich, Mr. Blumenauer, and
Mr. Gephardt
July 11, 1997
The Committee on Rules discharged; referred to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 27, 1997]
_______________________________________________________________________
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 recognized 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 several statutes beginning in 1917, for the United
States citizenship status of persons born in Puerto Rico.
(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 of Puerto Rico,
conditionally approved by Congress, subject to congressionally
required amendment by Puerto Rico, 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; and in the 1982 case of
Rodriguez v. Popular Democratic Party (457 U.S. 1), the Court confirmed
that the Congress delegated powers of administration to the
Commonwealth of Puerto Rico sufficient for it to function ``like a
State'' and as ``an autonomous political entity'' in respect of
internal affairs and administration, pending further disposition by
Congress. These rulings constitute 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) On November 14, 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 for a commonwealth option, 46.3
percent statehood, and 4.4 percent independence.
(11) In a letter dated December 2, 1994, President William
Jefferson Clinton informed leaders in Congress that an
Executive Branch Interagency Working Group on Puerto Rico had
been organized to coordinate the review, development, and
implementation of executive branch policy concerning issues
affecting Puerto Rico, including the November 1993 plebiscite.
(12) Under the Territorial Clause of the Constitution,
Congress has the authority and responsibility to determine
Federal policy and clarify status issues in order to resolve
the issue of Puerto Rico's final status.
(13) On January 23, 1997, the Puerto Rico Legislature
enacted Concurrent Resolution 2, which requested the 105th
Congress ``. . . to respond to the democratic aspirations of
the American citizens of Puerto Rico'' by approving legislation
authorizing ``. . . a plebiscite sponsored by the Federal
Government, to be held no later than 1998''.
(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) Language.--English shall be the common language of mutual
understanding in the United States, and 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 language requirements of the Federal Government shall apply in
Puerto Rico to the same extent as Federal law 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 is authorized to 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 constitutional self-government with respect to
internal affairs and administration;
``(2) Puerto Rico is an unincorporated territory of the
United States, and the provisions of the Constitution and laws
of the United States, including those provisions for rights,
privileges, and immunities of United States citizens, apply to
Puerto Rico as determined by Congress;
``(3) persons born in Puerto Rico have statutory United
States nationality and citizenship as prescribed by Congress;
``(4) the qualified voters of Puerto Rico elect a nonvoting
Resident Commissioner to the United States who serves in the
House of Representatives;
``(5) the levels of Federal benefits and taxes extended to
the residents of Puerto Rico are established by Federal law as
deemed equitable by Congress;
``(6) Puerto Rico uses the currency of the United States,
is within the United States customs territory and defense
system, and English language requirements of the Federal
Government apply, as provided by Federal law;
``(7) the extension, continuation, modification, and
termination of Federal law and policy applicable to Puerto Rico
and its residents is within the discretion of Congress; and
``(8) the ultimate status of Puerto Rico will be
established through a process authorized by Congress which
includes self-determination by the residents of Puerto Rico in
periodic referenda.
``B. Separate Sovereignty.--If you agree, mark here ______
``The people of Puerto Rico should become fully self-governing
through separate sovereignty in the form of independence or free
association, in which--
``(1) Puerto Rico is a sovereign Republic which has full
authority and responsibility over its territory and population
under a constitution which is the supreme law, providing for a
republican form of government and the protection of human
rights;
``(2) the Republic of Puerto Rico is a member of the
community of nations vested with full powers and
responsibilities for its own fiscal and monetary policy,
immigration, trade, and the conduct in its own name and right
of relations with other nations and international
organizations;
``(3) the people of Puerto Rico owe allegiance to and have
the nationality and citizenship of the Republic of Puerto Rico;
``(4) The Constitution and laws of the United States no
longer apply in Puerto Rico, and United States sovereignty in
Puerto Rico is ended; thereupon birth in Puerto Rico or
relationship to persons with statutory United States
citizenship by birth in the former territory shall cease to be
a basis 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, including the
Republic of Puerto Rico, other than the United States;
``(5) The previously vested rights of individuals in Puerto
Rico to benefits based upon past services rendered or
contributions made to the United States shall be honored by the
United States as provided by Federal law;
``(6) Puerto Rico and the United States seek to develop
friendly and cooperative relations in matters of mutual
interest as agreed in treaties approved pursuant to their
respective constitutional processes, and laws including
economic and programmatic assistance at levels and for a
reasonable period as provided on a government-to-government
basis, trade between customs territories, transit of citizens
in accordance with immigration laws, and status of United
States military forces; and
``(7) a free association relationship may be established
based on separate sovereign republic status as defined above,
but with such delegations of some government functions and
other cooperative arrangements as agreed to by both parties
under a bilateral pact terminable at will by either the United
States or Puerto Rico.
``C. Statehood.--If you agree, mark here ______
``Puerto Rico should become fully self governing through Statehood,
in which--
``(1) the people of Puerto Rico are fully self-governing
with their rights secured under the United States Constitution,
which shall be fully applicable in Puerto Rico and which, with
the laws and treaties of the United States, 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
United States by the Constitution nor prohibited by the
Constitution to the States, are reserved to the State of Puerto
Rico or to the people;
``(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) the people of Puerto Rico have equal rights,
privileges, immunities, 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 not more than 10 years which leads to full
self-government for Puerto Rico consistent with the terms
of this Act and the results of the referendum 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--
(i) 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; and
(ii) the effective date upon which the Constitution
shall have the same force and effect in Puerto Rico as
in the several States, thereby permitting the greatest
degree of flexibility for the phase-in of Federal
programs and the development of the economy through
fiscal incentives, alternative tax arrangements, and
other measures.
(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.
(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 a joint resolution with a
recommendation for the date of termination of the transition
and the date of implementation of full self-government for
Puerto Rico within the transition period consistent with the
ballot choice approved under subsection (a).
(2) Congressional consideration.--The joint resolution
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.
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 regarding completion of the self-
determination process for Puerto Rico under the authority of
Congress.
(2) 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 4(a) does not result in a majority vote for
separate sovereignty or statehood, there is authorized to be
further referenda in accordance with this Act, but not less
than once every 10 years.
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).