Notes on 48 U.S.C. § 734 : US Code - Notes

Search Notes on 48 U.S.C. § 734 : US Code - Notes

(Mar. 2, 1917, ch. 145, Sec. 9, 39 Stat. 954; May 17, 1932, ch.
190, 47 Stat. 158; Apr. 30, 1946, ch. 244, title V, Sec. 513, 60
Stat. 158; Aug. 1, 1955, ch. 438, title III, Sec. 308, 69 Stat.
427.)
REFERENCES IN TEXT
The Philippine Trade Act of 1946, referred to in text, is act
Apr. 30, 1946, ch. 244, 60 Stat. 141, as amended, which is
classified principally to subchapters I to IV (Sec. 1251 et seq.)
of chapter 15 of Title 22, Foreign Relations and Intercourse. For
complete classification of this Act to the Code, see Short Title
note set out under section 1354 of Title 22 and Tables.
The Philippine Trade Agreement Revision Act of 1955, referred to
in text, is act Aug. 1, 1955, ch. 438, 69 Stat. 413, which is
classified generally to subchapter IV-A (Sec. 1371 et seq.) of
chapter 15 of Title 22. For complete classification of this Act to
the Code, see Short Title note set out under section 1373 of Title
22 and Tables.
The internal revenue laws of the United States, referred to in
text, are classified generally to Title 26, Internal Revenue Code.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act
Apr. 12, 1900, ch. 191, Sec. 14, 31 Stat. 80, except that the words
"which, in view of the provisions of section three, shall not have
force and effect in Porto Rico" were contained in lieu of the
proviso. As to section 3 of act Apr. 12, 1900, see section 738 of
this title and notes thereunder.
AMENDMENTS
1955 - Act Aug. 1, 1955, inserted "or the Philippine Trade
Agreement Revision Act of 1955".
1946 - Act Apr. 30, 1946, inserted "other than those contained in
the Philippine Trade Act of 1946".
CHANGE OF NAME
"Puerto Rico" substituted in text for "Porto Rico" pursuant to
act May 17, 1932, which is classified to section 731a of this
title.
EFFECTIVE DATE OF 1955 AMENDMENT
Amendment by act Aug. 1, 1955, effective Jan. 1, 1956, see
section 301(b) of act Aug. 1, 1955, set out as an Effective Date
note under section 1373 of Title 22, Foreign Relations and
Intercourse.
EFFECTIVE DATE OF 1946 AMENDMENT
Amendment by act Apr. 30, 1946, effective on day after date of
its enactment, Apr. 30, 1946, see section 512 of act Apr. 30, 1946,
set out as an Effective Date note under section 1354 of Title 22,
Foreign Relations and Intercourse.
EX. ORD. NO. 9909. EXEMPTING DISTRICT COURT OF THE UNITED STATES
FOR PUERTO RICO AND THE DEPARTMENT OF JUSTICE FROM MAKING REPORTS
REQUIRED BY THIS SECTION
Ex. Ord. No. 9909, eff. Dec. 9, 1947, 12 F.R. 8291, provided:
By virtue of the authority vested in me by section 49b(2) of the
Organic Act of Puerto Rico, as amended by section 6 of the Act of
August 5, 1947, Public Law 362, 80th Congress [section 793b of this
title], it is hereby ordered that the District Court of the United
States for Puerto Rico and the Department of Justice shall be
exempt from making the reports to the Coordinator of Federal
Agencies in Puerto Rico which are provided for in such section.
Harry S Truman.
EX. ORD. NO. 10005. ESTABLISHMENT OF PRESIDENT'S ADVISORY
COMMISSION ON RELATION OF FEDERAL LAWS TO PUERTO RICO
Ex. Ord. No. 10005, eff. Oct. 5, 1948, 13 F.R. 5854, provided:
WHEREAS section 9 of the Organic Act of Puerto Rico, 39 Stat. 954
[this section], provides that "the statutory laws of the United
States not locally inapplicable, except as hereinbefore or
hereinafter otherwise provided, shall have the same force and
effect in Puerto Rico as in the United States"; and
WHEREAS section 49b(3) of the said Act, which was added by
section 6 of the act of August 5, 1947, 61 Stat. 772 [section 793b
of this title], provides that "the President of the United States
may, from time to time, after hearing, promulgate Executive orders
expressly excepting Puerto Rico from the application of any Federal
law, not expressly declared by Congress to be applicable to Puerto
Rico, which is contemplated by section 9 of this act [this section]
is inapplicable by reason of local conditions":
NOW, THEREFORE, by virtue of the authority vested in me by the
said Organic Act of Puerto Rico, and as President of the United
States, it is ordered as follows:
1. There is hereby created a commission to be known as the
President's Advisory Commission on the Relation of Federal Laws to
Puerto Rico, which shall be composed of nine members to be
designated by the President and to serve without compensation.
2. The Commission shall from time to time make recommendations to
the President concerning the exercise of his power under section
49b(3) of the Organic Act of Puerto Rico [section 793b of this
title] to exempt Puerto Rico from the application of Federal laws.
To that end, the Commission is authorized to examine into, and to
hold hearings on, the inapplicability of Federal laws to Puerto
Rico by reason of local conditions.
3. All executive departments and agencies of the Federal
Government are authorized and directed to cooperate with the
Commission in its work and to furnish the Commission such
information as the Commission may require in the performance of its
duties.
4. The Commission shall continue to exist until the President
terminates its existence by Executive order.
Harry S Truman.
ADMINISTRATIVE TREATMENT OF PUERTO RICO AS A STATE
Memorandum of President of the United States, Nov. 30, 1992, 57
F.R. 57093, provided:
Memorandum for the Heads of Executive Departments and Agencies
Puerto Rico is a self-governing territory of the United States
whose residents have been United States citizens since 1917 and
have fought valorously in five wars in the defense of our Nation
and the liberty of others.
On July 25, 1952, as a consequence of steps taken by both the
United States Government and the people of Puerto Rico voting in a
referendum, a new constitution was promulgated establishing the
Commonwealth of Puerto Rico. The Commonwealth structure provides
for self-government in respect of internal affairs and
administration, subject to relevant portions of the Constitution
and the laws of the United States. As long as Puerto Rico is a
territory, however, the will of its people regarding their
political status should be ascertained periodically by means of a
general right of referendum or specific referenda sponsored either
by the United States Government or the Legislature of Puerto Rico.
Because Puerto Rico's degree of constitutional self-government,
population, and size set it apart from other areas also subject to
Federal jurisdiction under Article IV, section 3, clause 2 of the
Constitution, I hereby direct all Federal departments, agencies,
and officials, to the extent consistent with the Constitution and
the laws of the United States, henceforward to treat Puerto Rico
administratively as if it were a State, except insofar as doing so
with respect to an existing Federal program or activity would
increase or decrease Federal receipts or expenditures, or would
seriously disrupt the operation of such program or activity. With
respect to a Federal program or activity for which no fiscal
baseline has been established, this memorandum shall not be
construed to require that such program or activity be conducted in
a way that increases or decreases Federal receipts or expenditures
relative to the level that would obtain if Puerto Rico were treated
other than as a State.
If any matters arise involving the fundamentals of Puerto Rico's
status, they shall be referred to the Office of the President.
This guidance shall remain in effect until Federal legislation is
enacted altering the current status of Puerto Rico in accordance
with the freely expressed wishes of the people of Puerto Rico.
The memorandum for the heads of executive departments and
agencies on this subject, issued July 25, 1961 [26 F.R. 6695], is
hereby rescinded.
This memorandum shall be published in the Federal Register.
George Bush.