[Congressional Record Volume 144, Number 16 (Thursday, February 26, 1998)]
[House]
[Pages H679-H682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 856

                    Offered by: Mr. Young of Alaska

                Amendment in the Nature of a Substitute

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     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, 
     approved by Congress, subject to conforming 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 
     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, ``sovereign over matters not ruled by the 
     Constitution'' of the United States. 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 fundamental status.
       (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 is attainable only through 
     establishment of a political status which is based on either 
     separate sovereignty and nationality or full and equal United 
     States nationality and citizenship through membership in the 
     Union.

     SEC. 3. POLICY.

       (a) Congressional Commitment.--In recognition of the 
     significant level of local self-government which has been 
     attained by

[[Page H680]]

     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 is the common language of mutual 
     understanding in the United States, and 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 is joined in a relationship with and 
     under the national sovereignty of the United States. It is 
     the policy of the Congress that this relationship should only 
     be dissolved by mutual consent.
       ``(2) Under this political relationship, Puerto Rico like a 
     State is an autonomous political entity, sovereign over 
     matters not ruled by the Constitution of the United States. 
     In the exercise of this sovereignty, the laws of the 
     Commonwealth shall govern in Puerto Rico to the extent that 
     they are consistent with the Constitution, treaties, and laws 
     of the United States. Congress retains its constitutional 
     authority to enact laws it deems necessary relating to Puerto 
     Rico.
       ``(3) Persons born in Puerto Rico have United States 
     citizenship by statute as secured by the Constitution. It is 
     the policy of the United States that citizenship will 
     continue to be granted to persons born in Puerto Rico. The 
     rights, privileges, and immunities provided for by the United 
     States Constitution apply in Puerto Rico, except where 
     limited by the Constitution to citizens residing in a State.
       ``(4) Puerto Rico will continue to participate in Federal 
     programs and may be enabled to participate equally with the 
     States in the programs where it is not now participating 
     equally contingent on the payment of contributions, which may 
     include payment of taxes, as provided by Federal law.
       ``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, including the rights and responsibilities that 
     devolve upon a sovereign nation under the general principles 
     of international law;
       ``(3) the residents 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 government functions and other 
     cooperative arrangements as may be 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 State of Puerto Rico becomes a part of the 
     permanent union of the United States of America, subject to 
     the United States Constitution, with powers not prohibited by 
     the Constitution to the States, reserved to the State of 
     Puerto Rico in its sovereignty or to the people;
       ``(3) United States citizenship of those born in Puerto 
     Rico is recognized, protected and secured in the same way it 
     is for all United States citizens born in the other States;
       ``(4) rights, freedoms, and benefits as well as duties and 
     responsibilities of citizenship, including payment of Federal 
     taxes, apply in the same manner as 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--

[[Page H681]]

       (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;
       (III) the promotion of efficiency 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 of incorporation, 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.
       (D) In the event of a vote in favor of Commonwealth, the 
     Government of Puerto Rico may call a Special Convention to 
     develop proposals for submission to the President and the 
     Congress for changes in Federal policy on matters of economic 
     and social concern to the people of Puerto Rico. The 
     President and the Congress, as appropriate, shall 
     expeditiously consider any such proposals. The Commonwealth 
     would assume any expenses related to increased 
     responsibilities resulting from such proposals.
       (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

[[Page H682]]

     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).

                               H.R. 3130

                         Offered by Mr. Cardin

       Amendment No. 1: In the table of contents of the bill, add 
     at the end the following:

                    TITLE IV--IMMIGRATION PROVISIONS

Sec. 401. Aliens ineligible to receive visas and excluded from 
              admission for nonpayment of child support.
Sec. 402. Effect of nonpayment of child support on establishment of 
              good moral character.
Sec. 403. Authorization to serve legal process in child support cases 
              on certain arriving aliens.
Sec. 404. Authorization to obtain information on child support payments 
              by aliens.

       At the end of the bill, add the following:
                    TITLE IV--IMMIGRATION PROVISIONS

     SEC. 401. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED 
                   FROM ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.

       (a) In General.--Section 212(a)(10) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(10)) is amended by adding 
     at the end the following:
       ``(F) Nonpayment of child support.--
       ``(i) In general.--Any alien is inadmissible who is legally 
     obligated under a judgment, decree, or order to pay child 
     support (as defined in section 459(i) of the Social Security 
     Act), and whose failure to pay such child support has 
     resulted in an arrearage exceeding $5,000, until child 
     support payments under the judgment, decree, or order are 
     satisfied or the alien is in compliance with an approved 
     payment agreement.
       ``(ii) Application to permanent residents.--Notwithstanding 
     section 101(a)(13)(C), an alien lawfully admitted for 
     permanent residence in the United States who has been absent 
     from the United States for any period of time shall be 
     regarded as seeking an admission into the United States for 
     purposes of this subparagraph.
       ``(iii) Waiver authorized.--The Attorney General may waive 
     the application of clause (i) in the case of an alien, if the 
     Attorney General--

       ``(I) has received a request for the waiver from the court 
     or administrative agency having jurisdiction over the 
     judgment, decree, or order obligating the alien to pay child 
     support that is referred to in such clause; and
       ``(II) determines that the likelihood of the arrearage 
     being eliminated, and all subsequent child support payments 
     timely being made by the alien, would increase substantially 
     if the waiver were granted.''.

       (b) Effective Date.--The amendment made by this section 
     shall take effect 180 days after the date of the enactment of 
     this Act.

     SEC. 402. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON 
                   ESTABLISHMENT OF GOOD MORAL CHARACTER.

       (a) In General.--Section 101(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(f)) is amended--
       (1) in paragraph (8), by striking the period at the end and 
     inserting ``; or''; and
       (2) by inserting after paragraph (8) the following:
       ``(9) one who is legally obligated under a judgment, 
     decree, or order to pay child support (as defined in section 
     459(i) of the Social Security Act), and whose failure to pay 
     such child support has resulted in any arrearage, unless 
     child support payments under the judgment, decree, or order 
     are satisfied or the alien is in compliance with an approved 
     payment agreement.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to aliens applying for a benefit under the 
     Immigration and Nationality Act on or after 180 days after 
     the date of the enactment of this Act.

     SEC. 403. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD 
                   SUPPORT CASES ON CERTAIN ARRIVING ALIENS.

       (a) In General.--Section 235(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1225(d)) is amended by adding at 
     the end the following:
       ``(5) Authority to serve process in child support cases.--
       ``(A) In general.--To the extent consistent with State law, 
     immigration officers are authorized to serve on any alien who 
     is an applicant for admission to the United States legal 
     process with respect to any action to enforce or establish a 
     legal obligation of an individual to pay child support (as 
     defined in section 459(i) of the Social Security Act).
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `legal process' means any writ, order, summons or other 
     similar process, which is issued by--
       ``(i) a court or an administrative agency of competent 
     jurisdiction in any State, territory, or possession of the 
     United States; or
       (ii) an authorized official pursuant to an order of such a 
     court or agency or pursuant to State or local law.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to aliens applying for admission to the United 
     States on or after 180 days after the date of the enactment 
     of this Act.

     SEC. 404. AUTHORIZATION TO OBTAIN INFORMATION ON CHILD 
                   SUPPORT PAYMENTS BY ALIENS.

       Section 453(h) of the Social Security Act (42 U.S.C. 
     653(h)) is amended by adding at the end the following:
       ``(3) Provision to attorney general and secretary of state 
     of information on persons delinquent in child support 
     payments.--On request by the Attorney General or the 
     Secretary of State, the Secretary of Health and Human 
     Services shall provide the requestor with such information as 
     the Secretary of Health and Human Services determines may aid 
     them in determining whether an alien is delinquent in the 
     payment of child support.''.
       Amend the title so as to read: ``A bill to provide for an 
     alternative penalty procedure for States that fail to meet 
     Federal child support data processing requirements, to reform 
     Federal incentive payments for effective child support 
     performance, to provide for a more flexible penalty procedure 
     for States that violate interjurisdictional adoption 
     requirements, to amend the Immigration and Nationality Act to 
     make certain aliens determined to be delinquent in the 
     payment of child support inadmissible and ineligible for 
     naturalization, and for other purposes.''.