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Code · BILL · 114th Congress · S. 2381 (Introduced in Senate) — To provide assistance and support to the Commonwealth of Puerto Rico. · Sec. 325

Sec. 325. Review to ensure compliance

1,048 words·~5 min read·/bill/114/s/2381/is/section-325·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Not later than December 31 of each control year, the Legislative Assembly shall submit to the Authority— a copy of each Act that, during the control year, was— passed by the Legislative Assembly and signed by the Governor; vetoed by the Governor and repassed by 2/3 of the members of each of the Senate and House of Representatives of the Legislative Assembly; or passed by the Legislative Assembly and allowed to become effective without the signature of the Governor; and an estimate of the costs of carrying out the Act.
On receipt from the Legislative Assembly of an Act under paragraph (1), the Authority shall promptly review the Act to determine whether the Act is consistent with— the applicable financial plan and budget approved under section 323 or 324 for the control year; and the estimate of the costs of carrying out the Act under paragraph (1)(B). Except as provided in subparagraph (C), if the Authority determines that an Act described in this subsection is consistent with the applicable financial plan and budget— the Authority shall submit to the Legislative Assembly a notice of the approval; and the Legislative Assembly shall submit to Congress a copy of the Act for review.
Except as provided in subparagraph (C), if the Authority determines that an Act described in this subsection is significantly inconsistent with the applicable financial plan and budget, the Authority shall— notify the Legislative Assembly of the finding; provide the Legislative Assembly with an explanation of the reasons for the finding; and to the extent the Authority considers to be appropriate, provide to the Legislative Assembly recommendations for modifications to the Act.
Subparagraphs
(A)and
(B)shall not apply with respect to any Act that the Legislative Assembly determines should take effect immediately due to an emergency circumstance. If the Authority makes a finding under paragraph (3)(B), the Legislative Assembly may not submit to Congress the Act for review. Subject to subparagraph (B), if the Authority fails to notify the Legislative Assembly of an approval or disapproval of an Act described in this subsection by the date that is 7 days after the date on which the Legislative Assembly submits the Act to the Authority, the Authority shall be deemed to have approved the Act in accordance with paragraph (3)(A). The Authority may elect to extend the deadline described in subparagraph
(A)to a period of not longer than 14 days, subject to the condition that the Authority shall notify the Legislative Assembly and the Governor of the election. Subject to subparagraph (B), at the request of the Legislative Assembly, the Authority may conduct a preliminary review of proposed legislation pending before the Legislative Assembly to determine whether the legislation as proposed would be consistent with the applicable financial plan and budget approved under section 323 or 324. A preliminary review under subparagraph
(A)shall not be binding on the Authority in reviewing any Act subsequently submitted under this subsection. In the case of a contract or lease described in subparagraph
(B)that is proposed to be entered into by the Commonwealth government during a control year, the Governor (or other appropriate officer or agent of the Commonwealth government)— shall submit to the Authority the proposed contract or lease for review and approval; and may not enter into the contract or lease unless the Authority determines that the proposed contract or lease is consistent with the financial plan and budget for the control year. A contract or lease referred to in subparagraph
(A)is— a labor contract entered into through collective bargaining; or such other type of contract or lease as the Authority may specify for purposes of this subparagraph. In addition to the prior approval of certain contracts and leases under paragraph (1), the Authority may require the Governor (or other appropriate officer or agent of the Commonwealth government) to submit to the Authority— any other contract (including a contract to carry out a grant) or lease entered into by the Commonwealth government during a control year that is executed after the date on which the Authority has approved the financial plan and budget for the control year under section 323 or 324; or any proposal of the Commonwealth government to renew, extend, or modify a contract or lease during a control year that is made after the date on which the Authority has approved that financial plan and budget. The Authority shall review each contract or lease submitted under subparagraph
(A)to determine whether the contract or lease is consistent with the financial plan and budget for the applicable control year. If the Authority determines under subparagraph
(B)that a contract or lease is not consistent with the applicable financial plan and budget, to ensure that the contract or lease will be consistent with the financial plan and budget, the Governor shall— take such action pursuant to the authority of the Governor to revise the contract or lease; or submit a proposed revision to the financial plan and budget in accordance with section 323(b)(5) or 324(b)(5). In the case of a contract or lease that is required to be submitted to the Authority under this subsection and is subject to approval by the Legislative Assembly under the laws of the Commonwealth, the Governor shall submit the contract or lease to the Authority only after the Legislative Assembly has approved the contract or lease. If the Governor submits to the Legislative Assembly a request for the reprogramming of any amounts provided in a budget for a fiscal year that occurs during a control year after the date on which the budget is adopted by the Legislative Assembly— the Governor shall submit the request to the Authority; and the Authority shall— analyze the effect of the proposed reprogramming on the financial plan and budget for the fiscal year; and submit the analysis to the Legislative Assembly by not later than 15 days after the date of receipt of the request. The Legislative Assembly may not adopt a reprogramming during a fiscal year that occurs during a control year, and no officer or employee of the Commonwealth government may carry out any reprogramming during such a year, until the Authority has provided to the Legislative Assembly an analysis of a request for the reprogramming in accordance with paragraph (1).
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