48 U.S.C. § 736 — Puerto Rican law modified

Page 59 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 737 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 of- ficials, 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 ex- isting Federal program or activity would increase or decrease Federal receipts or expenditures, or would se- riously disrupt the operation of such program or activ- ity. 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 Of- fice 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for the heads of executive depart- ments and agencies on this subject, issued July 25, 1961 [26 F.R. 6695], is hereby rescinded.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. § 734a. Extension of industrial alcohol and inter- nal revenue laws to Puerto Rico Title III of the National Prohibition Act, as amended, and all provisions of the internal rev- enue laws relating to the enforcement thereof, are extended to and made applicable to Puerto Rico from and after August 27, 1935. The Insular Government shall advance to the Treasury of the United States such funds as may be required from time to time by the Secretary of the Treas- ury for the purpose of defraying all expenses in- curred by the Treasury Department in connec- tion with the enforcement in Puerto Rico of the said Title III and regulations promulgated thereunder. The funds so advanced shall be de- posited in a separate trust fund in the Treasury of the United States and shall be available to the Treasury Department for the purposes of this section. (June 26, 1936, ch. 830, title III, § 329(c), 49 Stat. 1957.) Editorial Notes REFERENCES IN TEXT The National Prohibition Act, as amended, referred to in text, is act Oct. 28, 1919, ch. 85, 41 Stat. 305. Title III of such Act was classified principally to chapter 3 (§ 71 et seq.) of Title 27, Intoxicating Liquors, and was omitted from the Code in view of the incorporation of such provisions in the Internal Revenue Code of 1939, and subsequently into the Internal Revenue Code of 1986. CODIFICATION Provisions similar to those comprising this section relating to the Virgin Islands are classified to section 1402 of this title. Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. § 735. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320 Section, acts Mar. 2, 1917, ch. 145, § 57, 39 Stat. 968; May 17, 1932, ch. 190, 47 Stat. 158, continued certain Puerto Rican Laws in force and authorized the legisla- tive authority to modify or repeal laws. Section 15 of act Apr. 12, 1900, ch. 191, 31 Stat. 80, formerly cited as a credit to this section, was not repealed by act July 3, 1950. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 25, 1952, see Effective Date of Repeal note set out under section 732 of this title. § 736. Puerto Rican law modified So much of the law which was in force at the time of cession, April 11th, 1899, forbidding the marriage of priests, ministers, or followers of any faith because of vows they may have taken, being paragraph 4, article 83, chapter 3, civil code, and which was continued by the order of the secretary of justice of Puerto Rico, dated March 17, 1899, and promulgated by Major Gen- eral Guy V. Henry, United States Volunteers, is repealed and annulled, and all persons lawfully married in Puerto Rico shall have all the rights and remedies conferred by law upon parties to either civil or religious marriages. Paragraph 1, article 105, section 4, divorce, civil code, and paragraph 2, section 19, of the order of the min- ister of justice of Puerto Rico, dated March 17, 1899, and promulgated by Major General Guy V. Henry, United States Volunteers, are so amend- ed as to read: ‘‘Adultery on the part of either the husband or the wife.’’ (Apr. 12, 1900, ch. 191, § 8, 31 Stat. 79; May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes CODIFICATION Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. § 737. Privileges and immunities The rights, privileges, and immunities of citi- zens of the United States shall be respected in Puerto Rico to the same extent as though Puer- to Rico were a State of the Union and subject to the provisions of paragraph 1 of section 2 of arti- cle IV of the Constitution of the United States. (Mar. 2, 1917, ch. 145, § 2, 39 Stat. 951; Feb. 3, 1921, ch. 34, § 1, 41 Stat. 1096; Mar. 2, 1934, ch. 37, § 1, 48 Stat. 361; Aug. 5, 1947, ch. 490, § 7, 61 Stat. 772; July 3, 1950, ch. 446, § 5(1), 64 Stat. 320.) Editorial Notes AMENDMENTS 1950—Act July 3, 1950, repealed all of section relating to bill of rights and restrictions except last paragraph. 1947—Act Aug. 5, 1947, inserted privileges and immu- nities provisions.