109th CONGRESS
2d Session
S. 2661
To provide for a plebiscite in Puerto Rico on the status of the
territory.
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Puerto Rico Democracy Act of 2006'.
SEC. 2. FINDINGS.
(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.
SEC. 3. DEFINITIONS.
(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.
SEC. 4. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF-DETERMINATION.
(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 hereXXXX.'.
(B) `The Commonwealth of Puerto Rico should pursue a path toward permanent
non-territory status. If you agree, mark here XXXXXX. '.
(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.
SEC. 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.
END
