48 U.S.C. § 731e — Chapter continued in force and effect

Page 56 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 731a § 731a. Change of name; Puerto Rico From and after May 17, 1932, the island des- ignated ‘‘Porto Rico’’ in the Act entitled ‘‘An Act to provide a civil government for Porto Rico, and for other purposes,’’ approved March 2, 1917, as amended, shall be known and designated as ‘‘Puerto Rico.’’ All laws, regulations, and public documents and records of the United States in which such island is designated or re- ferred to under the name of ‘‘Porto Rico’’ shall be held to refer to such island under and by the name of ‘‘Puerto Rico.’’ (May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes REFERENCES IN TEXT Act approved March 2, 1917, as amended, referred to in text, is act Mar. 2, 1917, ch. 145, 39 Stat. 951, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables. CODIFICATION Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. § 731b. Organization of a government pursuant to a constitution Fully recognizing the principle of government by consent, sections 731b to 731e of this title are now adopted in the nature of a compact so that the people of Puerto Rico may organize a gov- ernment pursuant to a constitution of their own adoption. (July 3, 1950, ch. 446, § 1, 64 Stat. 319.) 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 REPEALS Act July 3, 1950, ch. 446, § 6, 64 Stat. 320, provided that: ‘‘All laws or parts of laws inconsistent with this Act [enacting sections 731b to 731e of this title] are hereby repealed.’’ § 731c. Submission of sections 731b to 731e of this title to people of Puerto Rico for referendum; convening of constitutional convention; req- uisites of constitution Sections 731b to 731e of this title shall be sub- mitted to the qualified voters of Puerto Rico for acceptance or rejection through an island-wide referendum to be held in accordance with the laws of Puerto Rico. Upon the approval of said sections, by a majority of the voters partici- pating in such referendum, the Legislature of Puerto Rico is authorized to call a constitu- tional convention to draft a constitution for the said island of Puerto Rico. The said constitution shall provide a republican form of government and shall include a bill of rights. (July 3, 1950, ch. 446, § 2, 64 Stat. 319.) 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 CONSTITUTIONAL CONVENTION A constitutional convention to draft a constitution for the island of Puerto Rico convened in San Juan on Sept. 17, 1951, and concluded its deliberations on Feb. 6, 1952. REFERENDUM Act July 3, 1950, which enacted sections 731b to 731e of this title, was submitted to the qualified voters of Puerto Rico through an island-wide referendum held on June 4, 1951, and approved. § 731d. Ratification of constitution by Congress Upon adoption of the constitution by the peo- ple of Puerto Rico, the President of the United States is authorized to transmit such constitu- tion to the Congress of the United States if he finds that such constitution conforms with the applicable provisions of sections 731b to 731e of this title and of the Constitution of the United States. Upon approval by the Congress the constitu- tion shall become effective in accordance with its terms. (July 3, 1950, ch. 446, § 3, 64 Stat. 319.) 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 CONSTITUTION OF THE COMMONWEALTH OF PUERTO RICO Constitution of the Commonwealth of Puerto Rico was approved by the Constitutional Convention of Puerto Rico on Feb. 6, 1952; ratified by the people of Puerto Rico on Mar. 3, 1952; amended and approved by Congress by Joint Res. July 3, 1952, ch. 567, 66 Stat. 327; proclaimed by the Governor of Puerto Rico to be in force and effect on July 25, 1952. § 731e. Chapter continued in force and effect This chapter is continued in force and effect. (July 3, 1950, ch. 446, § 4, 64 Stat. 319.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘the Act entitled ‘An Act to provide a civil government for Porto Rico, and for other purposes,’ approved March 2, 1917, as amended’’, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables. CODIFICATION Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Page 57 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 734 § 732. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320 Section, acts Mar. 2, 1917, ch. 145, § 4, 39 Stat. 953; May 17, 1932, ch. 190, 47 Stat. 158, designated San Juan as the capital of Puerto Rico. Section 6 of act Apr. 12, 1900, ch. 191, 31 Stat. 79, formerly cited as a credit to this sec- tion, was not repealed by act July 3, 1950. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Act July 3, 1950, ch. 446, § 5, 64 Stat. 320, provided that the repeal of this section and sections 735, 750, 753, 754, 771–793, 793b, 796–799, 811–820, 822, 823, 824–844, 861, and 873 of this title and the amendment of sections 737 and 752 of this title were to be effective at such time as the Constitution of the Commonwealth of Puerto Rico be- came effective. Under section 731d of this title, that Constitution, upon approval by the Congress of the United States, ‘‘shall become effective in accordance with its terms’’. Congress, by act July 3, 1952, ch. 567, 66 Stat. 327, approved, with certain conditions, that Constitution; the approving act further provided that the Constitution, as so approved, ‘‘shall become effec- tive when the Constitutional Convention of Puerto Rico shall have declared in a formal resolution its ac- ceptance in the name of Puerto Rico of the conditions of approval herein contained, and when the Governor of Puerto Rico, being duly notified by the proper officials of the Constitutional Convention of Puerto Rico that such resolution of acceptance has been formally adopt- ed, shall issue a proclamation to that effect’’. The Con- stitution was proclaimed by the Governor of Puerto Rico on July 25, 1952, and became effective on that date. § 733. Citizens; former Spanish subjects and chil- dren; body politic; name All inhabitants continuing to reside in Puerto Rico who were Spanish subjects on the 11th day of April 1899, and then resided in Puerto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Puerto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the 11th day of April 1900, in accordance with the provisions of the treaty of peace between the United States and Spain entered into on the 11th day of April 1899; and they, together with such citizens of the United States as may reside in Puerto Rico, shall con- stitute a body politic under the name of the People of Puerto Rico, with governmental pow- ers as hereinafter conferred, and with power to sue and be sued as such. (Apr. 12, 1900, ch. 191, § 7, 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. § 733a. Citizens; residence in island of citizens of United States All citizens of the United States who have re- sided or who shall after March 4, 1927, reside in the island for one year shall be citizens of Puer- to Rico. (Mar. 2, 1917, ch. 145, § 5a, as added Mar. 4, 1927, ch. 503, § 2, 44 Stat. 1418; amended May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes CODIFICATION Section was formerly classified to section 5a of Title 8, Aliens and Nationality. 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. § 733a–1. Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(14), 66 Stat. 279 Section, act Mar. 2, 1917, ch. 145, § 5b, as added June 25, 1948, ch. 649, 62 Stat. 1015, related to nonapplication of section 804(c) of Title 8, Aliens and Nationality. § 733b. Omitted Editorial Notes CODIFICATION Prior to the enactment of the Nationality Act of 1940, act Oct. 14, 1940, ch. 876, 54 Stat. 1137, this section, act Mar. 2, 1917, ch. 145, § 5b, as added June 27, 1934, ch. 845, 48 Stat. 1245, provided as follows: ‘‘All persons born in Puerto Rico on or after April 11, 1899 (whether before or after June 27, 1934) and not citizens, subjects, or nation- als of any foreign power, are hereby declared to be citi- zens of the United States: Provided, That this section shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship here- tofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have re- nounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country: And provided further, That any woman, native of Puerto Rico and permanently residing therein, who, prior to March 2, 1917, had lost her American nationality by reason of her marriage to an alien eligible to citizen- ship, or by reason of the loss of the United States citi- zenship by her husband, may be naturalized under the provisions of section 369 of title 8.’’ The second proviso thereof was repealed by section 504 of the Nationality Act of 1940. Provisions relating to citizenship of persons born in Puerto Rico, are con- tained in section 1402 of Title 8, Aliens and Nationality. § 734. United States laws extended to Puerto Rico; internal revenue receipts covered into treasury 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, except the internal revenue laws other than those contained in the Philippine Trade Act of 1946 [22 U.S.C. 1251 et seq.] or the Philippine Trade Agreement Revision Act of 1955 [22 U.S.C. 1371 et seq.]: Provided, however, That