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provides for a special mechanism through which Puerto Rico
may present objections and request exemption from non-
retain the rights previously acquired by reason of their em-
essential legislation when, in the judgment of the Governor
ployment.
or of the Resident Commissioner, if extended to Puerto
b. The Congress of the United States, in appropriations legisla-
Rico, such legislation would adversely and unnecessarily
tion applicable to the Free Associated State, shall provide
affect the interests of the Free Associated State. Such
maximum flexibility for the use of such funds, consonant with the
objections are to be presented to the appropriate com-
purposes and objectives of the appropriations, so that the use of
mittee or committees of Congress, which must then deter-
such funds may be adapted to the special circumstances and condi-
mine whether or not the extension of the proposed legisla-
tions relevant to the administration of the program in the Free
tion is essential to the interests of the United States and
Associated State.
compatible with the Compact. If the respective committee
or committees by vote express agreement with the objec-
tions, Puerto Rico will be held exempt.
13. Assignment of Federal Functions to the Free Associa-
The Advisory Group believes it important that the
ted State
Free Associated State may object to the application of
The flexibility contained in this section is appropriate
certain legislation to Puerto Rico unless, by so doing, it
to the development of the relationship between the United
may affect the overall application of such legislation to the
States and the Free Associated State as proposed in the
United States. This provision of the Compact clearly
Compact. It is an essential element of the Compact and
delineates the process for the application of Federal laws
demonstrates the intent to provide the greatest degree of
to Puerto Rico, and in addition recognizes the develop-
self-government and self-determination for the Free As-
ment of Puerto Rican autonomy and the expansion of the
sociated State within the framework of the relationship
American Federal system. The Advisory Group feels both
between the two governments. The social, economic and
these characteristics enhance the dignity of the Free
administrative realities in both the United States and
Associated State and the flexibility inherent in the Federal
Puerto Rico are perpetually changing and developing, each
system.
of them individually and as compared to each other. Thus,
distribution of functional responsibility should not be
frozen at one point in history, nor left to cumbersome
13. Assignment of Federal Functions to the Free Associated State
procedures requiring the consent of both parties to the
Compact, expressed either by their respective legislatures
a. The Government of the United States may from time to
or even with the participation of the Puerto Rican electo-
time transfer to the Free Associated State the total or partial
rate. Sufficient flexibility is necessary to allow for future
performance of functions vested in the United States; Provided,
economic and social developments in the relationship and
That the Government of the Free Associated State agrees to
the respective societies.
perform them.
Except as otherwise agreed to, the Government of the Free
The purpose of subsection a is to provide the basic
authorization for the transfer to the Free Associated State
Associated State, its agencies and dependencies shall assume the
of functions which are vested in the Federal Government.
expenses and responsibilities inherent in the assignment received.
The officials and employees of the Government of the United
Presently, specific Congressional authorization is generally
States in charge of the functions on the date of their transfer shall
required to transfer or delegate Federal functions. Under
this subsection, specific Congressional approval of transfer
32
33
Document source description
This file contains a published report of the Ad hoc Advisory Group on Puerto Rico.
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"ocrText": "provides for a special mechanism through which Puerto Rico\nmay present objections and request exemption from non-\nretain the rights previously acquired by reason of their em-\nessential legislation when, in the judgment of the Governor\nployment.\nor of the Resident Commissioner, if extended to Puerto\nb. The Congress of the United States, in appropriations legisla-\nRico, such legislation would adversely and unnecessarily\ntion applicable to the Free Associated State, shall provide\naffect the interests of the Free Associated State. Such\nmaximum flexibility for the use of such funds, consonant with the\nobjections are to be presented to the appropriate com-\npurposes and objectives of the appropriations, so that the use of\nmittee or committees of Congress, which must then deter-\nsuch funds may be adapted to the special circumstances and condi-\nmine whether or not the extension of the proposed legisla-\ntions relevant to the administration of the program in the Free\ntion is essential to the interests of the United States and\nAssociated State.\ncompatible with the Compact. If the respective committee\nor committees by vote express agreement with the objec-\ntions, Puerto Rico will be held exempt.\n13. Assignment of Federal Functions to the Free Associa-\nThe Advisory Group believes it important that the\nted State\nFree Associated State may object to the application of\nThe flexibility contained in this section is appropriate\ncertain legislation to Puerto Rico unless, by so doing, it\nto the development of the relationship between the United\nmay affect the overall application of such legislation to the\nStates and the Free Associated State as proposed in the\nUnited States. This provision of the Compact clearly\nCompact. It is an essential element of the Compact and\ndelineates the process for the application of Federal laws\ndemonstrates the intent to provide the greatest degree of\nto Puerto Rico, and in addition recognizes the develop-\nself-government and self-determination for the Free As-\nment of Puerto Rican autonomy and the expansion of the\nsociated State within the framework of the relationship\nAmerican Federal system. The Advisory Group feels both\nbetween the two governments. The social, economic and\nthese characteristics enhance the dignity of the Free\nadministrative realities in both the United States and\nAssociated State and the flexibility inherent in the Federal\nPuerto Rico are perpetually changing and developing, each\nsystem.\nof them individually and as compared to each other. Thus,\ndistribution of functional responsibility should not be\nfrozen at one point in history, nor left to cumbersome\n13. Assignment of Federal Functions to the Free Associated State\nprocedures requiring the consent of both parties to the\nCompact, expressed either by their respective legislatures\na. The Government of the United States may from time to\nor even with the participation of the Puerto Rican electo-\ntime transfer to the Free Associated State the total or partial\nrate. Sufficient flexibility is necessary to allow for future\nperformance of functions vested in the United States; Provided,\neconomic and social developments in the relationship and\nThat the Government of the Free Associated State agrees to\nthe respective societies.\nperform them.\nExcept as otherwise agreed to, the Government of the Free\nThe purpose of subsection a is to provide the basic\nauthorization for the transfer to the Free Associated State\nAssociated State, its agencies and dependencies shall assume the\nof functions which are vested in the Federal Government.\nexpenses and responsibilities inherent in the assignment received.\nThe officials and employees of the Government of the United\nPresently, specific Congressional authorization is generally\nStates in charge of the functions on the date of their transfer shall\nrequired to transfer or delegate Federal functions. Under\nthis subsection, specific Congressional approval of transfer\n32\n33"
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