II 109th CONGRESS 2d Session S. 2661 IN THE SENATE OF THE UNITED STATES April 26, 2006 Mr. Martinez (for himself, Mr. Salazar, Mr. Craig, Mr. Nelson of Florida, Mr. Hagel, Mr. Carper, Mr. Allard, Ms. Landrieu, Mrs. Clinton, and Mr. Kerry) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for a plebiscite in Puerto Rico on the status of the territory.

1.

Short title

This Act may be cited as the Puerto Rico Democracy Act of 2006.

2.

Findings

Congress finds that— (1)in the Memorandum on the Commonwealth of Puerto Rico (28 Weekly Comp. Pres. Doc. 2324, dated November 30, 1992), President George H.W. Bush recognized that [a]s long as Puerto Rico is a territory … the will of its people regarding their political status should be ascertained periodically by means of a general right of referendum . . .; (2)consistent with this policy, in Executive Order No. 13183 (65 Fed. Reg. 82889), President William J. Clinton established the President’s Task Force on Puerto Rico’s Status to identify— (A)options for the territory’s future political status … that are not incompatible with the Constitution and basic laws and policies of the United States …; and (B)the process for realizing the identified options; (3)in Executive Order 13319 (68 Fed. Reg. 68233), President George W. Bush amended Executive Order No. 13183 (65 Fed. Reg. 82889) to require that the President’s Task Force on Puerto Rico’s Status issue a report … no less frequently than once every 2 years, on progress made in the determination of Puerto Rico’s ultimate status.; and (4)on December 22, 2005, the Task Force appointed by President George W. Bush issued a report recommending that not later than 1 year after the date on which the report was published, Congress should provide for a federally sanctioned plebiscite in which the people of Puerto Rico would be asked to vote on whether the people opt to— (A)remain a United States territory; or (B)pursue a constitutionally viable path toward a permanent nonterritorial status with the United States.

3.

Definitions

In this Act: (1)

Commission

The term Commission means the Puerto Rico State Elections Commission. (2)

Commonwealth

The term Commonwealth means the Commonwealth of Puerto Rico. (3)

Task force

The term Task Force means the President’s Task Force on Puerto Rico’s Status.

4.

Federally sanctioned process for Puerto Rico’s self-determination

(a)

Plebiscite

(1)

In general

During the 110th Congress, but not later than December 31, 2007, the Commission shall conduct a plebiscite in the Commonwealth, the ballot of which shall provide for voters to choose only 1 of the following options: (A)The Commonwealth of Puerto Rico should continue to be a territory of the United States. If you agree, mark here____.. (B)The Commonwealth of Puerto Rico should pursue a path toward permanent non-territory status. If you agree, mark here ______. . (2)

Rules and regulations

The Commission shall issue any rules and regulations necessary to conduct the plebiscite under this subsection. (3)

Certification of results

The Commission shall certify the results of the plebiscite conducted under this subsection to the President and Congress. (b)

Federal court jurisdiction

The Federal courts of the United States shall have exclusive jurisdiction over any legal claim or controversy arising from the implementation of this Act.

5.

Availability of funds for the self-determination process

(a)

Availability of amounts derived from tax on foreign rum

(1)

In general

During the period beginning on October 1, 2006, and ending on the date on which the results of the plebiscite have been certified under section 4(a)(3), the Secretary of the Treasury shall allocate to the Commission, from amounts that would otherwise be covered into the treasury of the Commonwealth under section 7652(e)(1) of the Internal Revenue Code of 1986, not more than $5,000,000 to pay the costs incurred by the Commission in conducting the plebiscite, as determined under paragraph (2). (2)

Determination by the task force

The amount needed to cover the costs of the plebiscite shall be determined by the Task Force. (b)

Use of funds for educational and other materials

The amounts made available to the Commission under subsection (a)(1) may be used for the cost of voter education materials if the content of the materials has been certified by the Task Force as not being incompatible with the Constitution or any Federal laws or policies.