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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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