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.
Short title
This Act may be cited as the
Puerto Rico Democracy Act of
2006
.
Findings
Congress finds that—
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 . .
.
;
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—
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
the process for realizing the identified options;
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
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—
remain a United States territory; or
pursue a constitutionally viable path toward a permanent nonterritorial status with the United States.
Definitions
In this Act:
Commission
The term Commission
means
the Puerto Rico State Elections Commission.
Commonwealth
The term Commonwealth
means
the Commonwealth of Puerto Rico.
Task force
The term Task
Force
means the President’s Task Force on Puerto Rico’s Status.
Federally sanctioned process for Puerto Rico’s self-determination
Plebiscite
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:
The Commonwealth of Puerto Rico
should continue to be a territory of the United States. If you agree, mark
here____.
.
The Commonwealth of Puerto Rico
should pursue a path toward permanent non-territory status. If you agree, mark
here ______.
.
Rules and regulations
The Commission shall issue any rules and regulations necessary to conduct the plebiscite under this subsection.
Certification of results
The Commission shall certify the results of the plebiscite conducted under this subsection to the President and Congress.
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.
Availability of funds for the self-determination process
Availability of amounts derived from tax on foreign rum
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).
Determination by the task force
The amount needed to cover the costs of the plebiscite shall be determined by the Task Force.
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.