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TH" PU .:.RI'O RICAN FEDERAL RELATIONS ACT A. FER.~OS-ISERN . Ris (J>f III r COI1 1"115..5 JONGJ? 7) F fiLl £(TO «Ie c> • "The Puerto Rico Federal Relations Act." Be it enacted b the Senate and House of Re resentatiyes of the lfniteq States of America in Cangress assemoled: That the rOV1S10ns of this Act shall apply to the Island of Puerto Rico and to the adjacent islands belonging to the United States, and waters of those islands-and the name Puerto Rico as used in this Act shall be held to include not only the island of that name but all the ~djacent islands as aforesaid. SECTION 2:- The rights, privileges, and immunities of citizens of the-United States shall be respected in Puerto Rico to the same extent as thou h Puerto Rico were a State of the Union and subject to the rovisions of paragraph 1 Of ~ect}~ 2 of article IV of-the Constitution of the United States. 1) & \2) (1) In accordance with Su reme Court decisions (Insular cases) Puerto Rico is not incorporated into the Union, although under United States sovereignty. It is organized as a bod olitic to be known as "The People of Puerto Rico", in accordance with section 7 of the Foraker Act of 1900, which reads, in part, as follows:- (The Citizens of Puerto Rico) "together with such citizens of the United S\ates as may reside in Puerto Rico, shall constitute a body olitic under the-name of The People of Puerto Rico, with governmental powers as her~~~fter conferred, and with power to sue and be sued as such." (2) Who are citize~s of Puerto Rico: (a) Section 7 of the Foraker Act of 1900 reads: "That all inhabitants continuing to- reside therein who were Spanish sUbjeets on the elev~th day of April, eighteen hundred and ninety-nine,. and then-resided in Puerto Rico, and- their -Cbilo.ren-bo-rn subsequent ther:eto, .shall be deemed and held to De citizens of Puerto Rico ana as such entitled to the protection of th United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or Defore the eleventh day of April, ninteen hundred, in accordance with the provisions of the treaty" of peace between the United States and Spain enter§ld into on the eleventh day of April eighteen hundred and ninety-nine. n (b) Section 5a of the Jones Act, of 1917, as amended, March 4, 1927 q.v. reads: "All citizens of the United States· who hav-e resided or who shall hereafter reside in the island for one year shall be citizens of Puerto Rico." - 2 - SECTION 3:- (As amended August 26, 193'7, 50 Stat. 843.) That no export duties shall be levied or collected on exports from Puerto Rico, but taxes and assessments on property, income -taxes, internal revenue, and license fees, and royalties for franchises, privileges, and concessions may be imposed for the purposes of the insular and municipal governments, respectively, as may be provided and defined by the Legislature of PuBrto Rico; ~l) and when necessary to anticipate taxes and revenues, bonds and other obligations may be issued by puerto Rico or any municipal government ther~in as may be provided by law, and to protect the public credit; Prov~ded, however, That no public indebtedness of Puerto Rico and the municipalities of San Juan, Ponce, Mayaguez, Arecibo and Rio Piedras shall be allowed in excess of 10 per centum of the aggregate tax valuation of its property, and no public indebtedness of any-other subdivision or municipality of Puerto Rico shall hereafter be allowed in excess of 5 per centum of the aggregate tax valuation of the property in any such subdivision or m1,lIlicipality, and all bon-ds issued by the government of Puerto Rico, Qr by its authority, shall be exempt from taxation by the Government of the United States, or-by the government of Puerto Rico or of any political or municipal subdivision th~reof, or Qy any State,-Territory, or possession or by any county, municipality, or other municipal subdivision of any State, Territory, or possession of the United States, or by the District of Columbia. In computing the indebtedness of the people of Puerto Rico, municipal bonds for the payment of interest and principal of· which the good faith of the people of Puerto Rico has heretofore been pledged and bonds issued by the people of Puerto Rico secured by bonds to an equivalent amount of bonds of municipal corporations or school boards of Puerto Rico shall not be counted, but all bonds hereafter issued by any municipality or subdivision within the 5 per centum hereb,y authorized for which the good faith of the people of Puerto Rico is pledged shall be counted. And it is further provided, That the internal-revenue taxes levied by the Legislature of Puerto Rico in pursuance of the authority granted by this Act on articles, goods, wares, or merchandise may be levied and collected as such legislature may direct, on the articles subject to said tax, as soon as the same are ma~ufactured, sold, used, or brought into the Island; Provided; That no discrimination be made between the articles imported from the United States or foreign countries and similar articles produced or manufactured in Puerto Rico. The officials 01' the Customs and Postal Services of the United States are hereby directed to assist.the appropriate officials of the Puerto Rican government in the collection of these taxes. (1) Imports from foreign countries are subject.to customs duties as determined by section 2 of the Foraker Act, April 12, 1900, continued by section 58 of this Act. - 3 - SECTION 5:- That all citizens of Puerto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, "temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes", and all natives of Puerto Rico who were temporarily absent from that island on April eleventh, eighteen hundred and ninetynine, and have since returned and are permanently residing in that island, and are not citizens of any foreign count~, are hereby declared, and shall be deemed and held to be,citizens of the United States; Provided, That any person hereinbefore dascribed may retain his present political status by making a declaration, under oath, of his decision to 0.0 so v;ithin six months of tha taking effect of this Act before the district court in the district in which he resides, the declaration to be in form as follows: lllI, , being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the Act of Congress conferring United States citizenship upon citizens of Puerto Rico and certain natives permanently residing in said island." In the case of any such person wno may be absent t'rom the island during said six months the term of this proviso may be availed of by transmitting a declaration, under oath, in the form herein provided within six months of the taking effect of this Act to the Executive Secretary of Puerto Rico; And prOVided, further, That any person who is born in Puerto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effect of this Act, or if a minor, upon reaching his majority, or within one year thereafter, make a sworn -declaration of allegiance to the United S~ates before the United States District Court for Puerto Rico, setting forth therein all the facts connected with his or her birth and residence in Puerto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States. SECTION 5a:- (New Section inserted by Act of Congress approved March 4, 1927 -- 44 Stat. 1418) -- That all citizens of the United S+ates who have resided or who shall hereafter reside in the island for one year shall be citizens of Puerto Rico: Provided, That persons born in Puerto Rico of alien parents, referred to itT the last paragraph of section 5, who did not avail themselves of the privilege granted to them of becoming citiz~ns of-the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid ~ection: And provided, further, That persons who elected to retain the political status of- citizens of Puerto Rico may within one year after the passage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Puerto Ricans born of foreign parents. SECTION 5b:- (New section inserted by an Act of Congress approved June 27, 1934.) _.:. All persons born in Puerto Rico on or after April 11, - 4 - 1899, (whether before or after the effective date of this Act) and not citizens, subject, or nationals of any foreign power, are hereby declared to be citi~ens of the United States; Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such persons; or to extend such citizenship to persons who shall have renounced 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 countr~. SECTION 5c:- (New section inserted qy an Act of Congress approved May 16, 1938.) -- That any person of good character, att~~Ey'd to the principles of the Constitution of the United States, and~ disposed to the good order and happiness of the United States, and born in Puerto Rico on or after April 11, 1899, who has continued to reside within the jurisdiction of the United States, whose father elected on or before April 11, 1900, to preserve his allegiance to the Crown. of Spain in accordance with the provisions of the treaty of peace between the United States and Spain entered into on A ril 11, 1899, and who, by reason of misinformation regarding his or her own citizenship status failed within the time limits prescribed by section 5 or Section 5a hereof to exercise the privilege of establishing United States citizenship and has heretofore erroneously but in good faith exercised the rights and privileges and performed the duties of a citizen of the United States, and has not personally sworn allegiance to any for~ign government or ruler upon or after attainment of majority, may make a sworn declaration of allegiance to the United States before any United States district court. Such declaration shall set forth facts concerning his or her birth in Puerto Rico, good character, attachment to the principles of the Constitution of the United States, and being well disposed to the good order and happiness of the United States, residence within the jurisdiction of the United States, and misinformation regarding United States citizenship status, and shall be accompanied by proof thereof satisfactory to the court. After making such declaration and submitting such proofs, such person shall be admitted to take the oath of allegiance before the court, and thereupon shall be considered a citizen of the United States. SECTION 5b (1948):- Section 404 (c) of the Nationality Act of 1940 (U.S.C. Title 8, Sec. 804 (c» shall not be applicable to persons who acquired citizenship under the provisions of sections 5 .and(5a of tliis Act. This amen&nent to be retroactive to October 13, 1945. 1) (1) The Nationality Act of 1940, Ch.876, Tit. I sube~. II, provides as follOliS: "All persons born in Puerto Rico on or after- April 11,1899, subject to the jurisdiction of the United States, residing on the effective date of this chapter in Puerto Rico or othvr territory over which the United States exercises rights of sovereignty and not citizens of the United States und~ any other Act, are hereby declared to be citizens of the United States." ~- -,5- SECTION 6:- That all expenses that may be incurred on account of the Government of Puerto Rico for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the island, not however, including defenses, barracks, harbors, lighthouses, buoys, and other works undertaken by the United S~ates, shall}except as otherwise specifically provided by the Congress, be paid by the Treasurer of Puerto Rico out of the revenue in his custody. SECTION 7:- That all property which may have been acqUired in Puerto Rico by the United States under the cession of Spain in the treaty of peace entered into on the tenth day of December, eighteen hundred and ninety-eight, in any public bridges, road houses, water powers, highways, unnavigable streams and the beds thereof, subterranean waters, mines or minerals under tne surface d private lands, all property which at the time of the cession, belonged, under the laws of Spain then in force, to the various harbor works boards of Puerto Rico, all the harbor shores, docks, slips, reclaimed lands, and all public lands and ~uildings not heretofore reserved by the United states for public purposes, is hereby placed under the control of the Government of Puerto Rico, to be administered for the benefit of the people of Puerto Rico; and the Legislature of Puert-o Rico sha-ll have authority, subject to the limitations imposed upon all its acts, to legislate with respect to all such matters as it may deem advisable; Provided, That the President may from time to time, in his discretion, convey to the people of Puerto RiCO, such_lands, buildings, or interests in lands or other property now owned by the United States and within the territorial limits of Puerto RicO(~f in his opinion are no longer heeded for purposes of the United States. And he may from time to time accept by legislative grant from Puerto Rico any lands, buildings, or other interests or property which may be needed for public purposes by the United States. SECTION 8:- That the harbor areas and navigable streams and bodies of water and submerged land underlying the same in and around the Island of PUerto Rico and the adjacent islands and wat-ers, now owned -by the United States and not reserved by the United States for public _ purposes be, and the same are hereby, placed under the control of the Government of Puerto Rico, to be administered in the same manner and subject to the same limitations as the property enumerated in the preceding section: Provided, That all laws of the United States for the protection and improvement of the navigable waters of the United Sts.tes and the preservation of the interests of navigation and commerce, except so far as the same may be locally inapplicable, shall apply to said (1) Except federal property the title of which is vested in the Defense Department. (Under Camp-Taylor proviso 46 Stat. 1191 approved february 20,19.31. ) .. ? iF" Island and waters and to its adjacent islands and waters; Provided, further, That nothing in this Act contained shall be construed so as to affect or impair in any manner the tenus or conditions of any authorizations, permits, or other pavers heretofore lawfully granted or exercised in or in respect of said waters and submerged land in and surrounding said Island and its adjacent islands by the Secretary of W~r or other authorized officer or agent of the United States; And provided, further, That the Act of Congress approved June aleven-th, nineteen hundred and six, entitled, "An Act to empower the Secretary of War, under certain restrictions, to authorize the construction, extension, and maintenance of wharves, piers, and other structures on lands underlying harbor areas in navigable streams and bodies of water in or surrounding Puerto Rico and the islands adjacent thereto:1Fimd all other laws and parts of laws in conflict with this section be, and the same are herebY,repealed. SECTION 9:- 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, exce t the internal-revenue laws; PrOVided, however, That hue:teadftser al t 1 ~~x~.. f.~~~e~~~~.~lW~), ~~~fljr~1st..1rr:#e,.r;lf.~"d.,J.twt 71~fd$~J Jr"'.J nl e ta eSA or cons~e~ In ~e isfana Sll~ De covefe ln~O ~e Treasury of Puerto Rico. (1) SECTION 10:- That all judicial process shall PUn in the name. of "United States of America, ss, the President of the United States," and all penal or criminal prosecution in the local courts shall be conducted in the name and by the authority of "The People of Puerto Rico"; and all officials shall be citizens of the United States, and before entering upon the duties of their respective offices, shall take an oath to support the Constitution of the United States, and the laws of Puerto Rico. (1) See sections 3,4, and 14 Foraker Act. (1900). In accordance with section 3, articles of merchandise of Puerto Rican manufacture shipped into the United States shall be subject to a tax equal to that imposedJjt under United States internal revenue laws, upon the like United States domestic merchandise. This countervailing tax is to be paid at the United States port of entry or under law of 1906, before shipment from Puerto RlCO. Under Section 4 of the Foraker Act/all duties and taxes collected "in Puerto Rico" in pursuance of the Act shall be paid into the Treasury of Puerto Rico. In accordance with section l4;the United S,ates internal revenue laws do not apply to Puerto RicojQ"ln view of section 3". _ The proviso of section 9 supra is supplementary~~he sections of the Foraker Act as quoted. - According to the report accompanying the Jones Act, this. proviso in section 9 was found necessary,) since prior to 1917 the report says, the countervailing tax-,when collected in Puerto Rico)was being covered into the Treasury of Puerto Rico but not so when collected in the mainland. It was considered that it should be covered into the Treasury' of Puerto Rico in either case. salj -7- SECTION 11:- That_ all reports required by law to be made by the Governor or heads of departments to any official of the United States shall hereafter be made t6 an executive department of the Government of the United S.ates to be designated by the President, and the President is hereby authorized to place all matters pertain..:.ng to the Government of Puerto Rico in the jurisdiction of such department~.(1) (1) ThE prov~s~on has become largely obsolete. Upon the adoption of a Constitution by the people of Puerto Rico)a11 provisions of law heretofore requiring reports to be made by the Governor or heads of departments in the Insular Government to officials of the United States Government shall be repealed. .The- Government of Puerto Rico iICsQ'ar as it will function on the basis of the Constitution of Puerto Rico shall be conducted by officials locally elected or appointed, and responsible to the people of Puerto Rico only. However, there will continue to function in Pu~rto Rico such federal agencies as provided by federal law. Such governmental mat ters as they are in charge of will continue to be within the Jurisdiction of the United States Department of the Interior in accordance With t~is section. Executive Order No. 9383, October 5, 1934 implements this latter provision of law. It is given in full as follows:- Ex. Ord. No. 9383, Oct. 5, 1943, 8 F.R. 13781, provides:- 1. Each Federal civil agency performing services in Puerto Rico or in the Virgin "'slands shall make current reports to the Secretary of the Interior com erning the work 01 such agency in such manner and form and at such times as may be prescribed by the Secretary of the Interior. 2. The Secretary of the Interior shall make such recommendations to the heads of Federal civil agencies so reporting as may in his judgment serve to correleate the work of such agencies in Puerto Rico and in the Virgin Islands, eliminate unessential Federal-activities, assist agencies to assume increasing responsibility in civil administration, meet more efficiently the needs of the people -of Puerto Rico and the Virgin Islands for essential Federal services, and implement the policies of the United Sta~es with respect to its island possessions. 3. The Secretary of the Interior shall from time to time report to the President and to the Congress co~erning th~ actions taken pursuant to this order. 4. Thi~-order shall not be applicable to United States District Judges, United States Atto-rneys, and United States 11a.rshals. SECTION 36:- (As amended May 17,- 1932, 47 Stat. 158; June 5, 1934, 48_Stat. 879; March 4, 1925, 43 Stat. 1301.)- That the qual~fied electors of Puetto Rico shall at the next general election choose a Resident Commissioner to the. United States, whose term of-office shall begin on the date of the is-suance of his certificate of election and shall continue until the fourth of Mareh, o.inteen hundred and twenty~one. At each subsequent election, beginning with the year nineteen hundred and twenty, the qualifiea electors of Puerto Rico shall choose a Resident Commissioner to the United States, whose term of office shall be four years from the third day of January following such general election, and who shall be entitled to receive official recognition as such Commissioner by all of the departments of the· Government of the Un-i:ted Sates, upon ;presentation, through the Department of State, of a certificate of election of the Governor of Euerto Rico. The Resident .Commissioner shall receive a salary, payable monthly by the United States, of .$7,500 per annum.(l} Such Commissioner shall be allowed the same sum for stationery and for the pay of necessary cl:erk hire as i-s now allowed to !vlembers of tfie House of Representatives of the Unit?d. S1'ates (1); and he shall-be allowed the sum of $500 as mileage for each session of the House of Representativ-es and the franking privilege granted 4'.embers of Congress. No person shall be eligible to election as·Resident Commissioner Who is not a bona fide citizen of the United States and who is not more than twenty-five years of age, and who does not read write the English language. In the case of a vacancy in the office of Resident Commissioner by death, resignation, or otherwise, the Governor, by and with the advise and consent of the Senate shall (1) Amended by reorganization Act of 1944. appoint a Resident Commissioner to fill the vacancy, who shall serve until the next general election and until his successor is elected and qualified. (1) & (2) (1) In addition to the above provls10ns of law, the Resident Commissioner has the privileg~.Rf. the House of Representatives. ~ouse Rule XXXIV, renumbered"~~!J"as follows:- "1. The persons hereinafter named, ~d none other? shall p~.iW;~~~!'ie"t the Hall of the House or rooms lead1ng thereto, V1Z: The resluent or the United States and their private secretaries, judges of the Sup~eme Court, embers of Congress and Members-elect, contestants in election cases during the pendency of their cases in the House, the Secretary and Sergeant at Arms of the- Senate, heads of departments, foreign minist~~ governors of Stc:tes, the Superintendent of the Capitol Building and Grounds, the Librarian of Congress and his assistant in charge of the Law Library, the Resident Commissioner to the United states from Puerto Rico, such persons as have by name, received the tilanks of Congress, ex-members of the House of Representatives who are not interested in any claim or directly ;in any bill pending before Congress, and clerks, of committees when business from their committee is under consideratim; and it shall not be in order- f()r the Speaker to entertain a request for the suspension of this rule or to present from the Chair the request of any Member for unanimous consent. n (2) House Rule XII of the House of Representatives, section 2 as adopted under H. R. 158, on Feb. 2, 1904 reads:- "The Resident Commissioner to the United S.ates shall possess the same powers and privileges as to committee service- and in the House as are possessed by Delegates, and shall be competent to serve on the Committee on Insular Affairs as an additional member." Rule XII now reads: "1. The Delegate from Hawaii and Alaska, and the Resident Commissioner to the United States from Puerto Rico, shall be elected to serve as additional members on the Committees on Agriculture, Armed Services, and Public ,L,ands (now Interior and Insular Affairs); and they shall possess in such committees the same powers and privileges as in the House,' and may _ake any motion except to reconsider." SECTION 37:- That the legislative authority herein provided shall extend to all matters of a legislative character not locally -inapplicabJ:e, including power to create, consolidate, and reorganize the municipalities so far as may be necessary, and to provide and re eal laws and ordinances therefor; alsO" the pm·Ter to alter, amend, modify, or repeal any or all laws and ordinances of every character now in force in Puerto Rico or muni~ipality or district thereof, in so far as such alteration, amendment, modification, or repeal may be consistent with the provisions of this Act. SECTION 38:- The Interstate Commerce Act and the several amendments made or to be made thereto, the Safety Appli~ce Acts and the several amendments made or to be made-thereto, and t~e Act of Congress entitled "An Act to amend an Act entitled tAn Act 'to regulate commerce', approved February 4, 1887, and all Acts amendatory thereof, by providing for a valuatIon of the s_veral classes of property of carriers subject thereto I.and securing information concerning th-:3ir stOCkS, bonds, and other secu/rities~, approved March 1, 1913, shall not apply to Puerto Rico. SECTION 41:- (As amen d by the Act of June 25, 1948) The United States District Court for the District of Puerto Rico shall have jurisdiction for the naturalization of aliens' and Puerto Ricans, and for this purpose residence in Puerto Rieo shall-:be counted in the same manner as residence elsewhere in the United States. Said district court shall have jurisdiction of all controversies where all of the parties on either side of the controversy are citizens or subjects of a foreign State or States, or citizens of a State, Territory or District of the United States hot domiciled in Puerto Rico, wherein the matter in dispute exceeds, exclusive of interest or costs, the sum or value of $3,000 and of all controversies in which there is a separable controversy involving such jurisdictional amount and in which all the parties on either side of such separable controversy are citizens or subjects of the character aforesaid. The salaries of the j~dge and officials of the United States District Court, the District of Puerto Rico to.gether with the court expenses, shall be paid from the United States revenues in the,same manner as in other United States district courts. In case of vacancy or of the death, absence, or other legal disability on the art of the judge of the said United States District Court for the District of Puerto Rico, the President of the United States is authorized to designate one of the judges of the Supreme Court of Puerto Rico to discharge the duties of jUdge of said court until such absence or disability shall be removed, and thereupon such judge so designated for said service shall be fully authorized and empowere to perform the duties of said office during such absence or disability of such regular judge, and to sign- all necessary papers and records as the acting judge of said court, without extra compensation. --.J;F- - I J - SECTION 42:- (As amended By ~section 21 of the Act of June 25, 1948) That th_e laws of the United States relating te--appeals, writs or error and certiorari, removal or causes, and oth~r matter or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the United States District Court for the District of~uerto Rico and the courts of Puerto Rico. All pleadings and proceedings in said court shall be conducted in the English language. SECTION 44:- That the qualifications of jurors as fixed by the local laws of Puerto Rico shall not apply to jurors selected to serve- in the United States District Court for the District of Puerto Rico; but the qualifications required of jurors in said court shall be that each shall be of the age of not less than twenty-one years and not over sixty-five years, a resident of Puerto Rico for not less than one year, and have a sufficient knowledge- of the English language to enable him to serve as a juror; they shall also be citizens-of the United States. JUries for the said court shall be selected, drawn and subj ect to exemption in accordance "fith the laws of Congress . regulating the same in t~ United States courts in so far as locally applicable. SECTION 45:- That all such fees, fines, costs, and forefeitures as would be deposited to the credit of the United States if collected and paid into a district court of the United States shall become revenues of the United States when. collected and paid into the United States bistrict Court for the District ·of Puerto Rico; Provided, That ;500 a year from such fees, fines, costs and forfeitures shall be retained by the -clerk and e:h.-pended for· laJf libra!';)r purposes under the direction of the judge. SECTION 48:- (As amended March 4, 1927, 44 Stat. 1421; May 17, 1932; 47 Stat. 158.) - That the Supreme and District Courts of Puerto Rico and the respective judges_ thereof may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the District Courts of the United States and the District Courts may grant writs of mandamus in all proper cases. That no suit for the purpose of restraining tha assessment or collection of any tax imposed by the laws of Puerto Rico shall be maintained in the United States District Court for the District of Puerto Rico. SECTION 54:- That ~ deeds and other instruments affecting land situated in the District of Columbia, or any other territory or possession of the United S~ates, may be acknowledged in Puerto Rico before any notary public appointed therein by proper authority, or any officer therein who has ex officio the powers of any notary public; Provided, That the certificate by such notary shall be accompanied b.Y the certificate of the Executive Secretary of Puerto Rico to the effect that the notary taking such acknowledgment is in fact such notar±al officer. · ' ~- -/2-- SECTION 55:- Tha.t nothing in this Act shall be deemed to impair or interrupt the jurisdiction of exis'ting courts over matters ending therein upon the approval of this Act, which jurisdiction is in all respects hereby continued, the purpose of tnis Act being to preserve the integrity of all of said courts and their jurisdiction until otherwise provided by law, except as in this Act otherwise specifically _provided. SECTION 58:- That all laws or parts -of laws applicable to Puerto Rico not in conflict with any of the provisions of this Act, inc~uding the laws relating to tariffs, customs, and duties on importations into Puerto Rico prescribed by the Act of Congress entitled "An Act temporarily to provide revenues and a cIvil government for Puerto Rico, and for other purposes," I:}pproved April twelfth, ninteen hundred ... are hereby continued in effect, ~l) and all laws aIld parts of laws inconsistent with the provisions of this Act are hereby repealed. Approved, March 2, 1917. (1) Provisions of law above referred to are to be found in the following pages, as given by U.S. Code. w • Provisions of the Foraker Act continued under section 58 of the Statute of Relations and, consequently, parts thereof. Fundamentally, these provisions create an Economic Union between Puerto Rico and the United States. JI~_t.J,S,C,-73~ ~.O. S8g~ - H7JS ~ib. 48 Free interchange of mercnandise with United States. (Free Trade.) All merchandise and articles coming into the United States from I:uerto Rico and comine, into Puerto Rico from the United States shali be entered at the several ports of entr,y free of duty and.~ no event shall any tariff duties be collected orr said merchandise or articles. (Apr. 12, 1900, ch. 191, 3, 31 Stat. 77; May 17, 1932, ch~ 90, 47 Stat. 158.) '4s>-~. ,C;-7.3'1 g S CSQs $739 - Title ~ Duties on foreign imports into Puerto Rico. (Customs Union.) The same tariffs, customs, and duties shall be levied, collected, and paid upon all articles imported into Puerto Rico from ports other than those of the United States 'which are required by lav to be collected upon articlas imported into the United States from foreign countries. (Apr. 12, 1900, ch. 191, 2, 31 Stat. 77; Aug. 5, 1909, ch. 6, 1, 36 otat. 71,74; May 17, 1932, ch. 190, 47 Stat. 158.)' 4lf'-1.1 . .Lc,- 7",0 tJ. ~. Code /;''?iId. ~ib. ~ Duties on taxes to constitute fund for benefit of Puarto Rico; ports of entry. (Custom Union.) The duties and taxes collected in Puerto Rico in pursuance of the provisions of t~rs chapter, less the cost of collecting the same, and the g ross amount of all collections of duties and taxes in the United States-upon articles of merchandise coming from Puerto Rico, shall be pa{d into the treasury of Puerto Rico to be expended as required by law for the government and benefit thereof, and the Secretary of the Treasury shall designate the several ports and subports of entry in Puerto Rico and shall make such rules and regulations and appoint such agents as may be necessary to colJ:ect the duties and taxes authorized to be levied, collected, and paid in Puerto Rico by the provisions of tr.is chapter, and he shall fix the compensation and provides for the payment thereof of all such officers, agents, and assistants as he may find it necessary to employ to carry out the provisions of law. (Apr. l2,L900, ch.19l, 4, 31 Stat. 78; May 17,1932, ch. 190, 4·7 Stat. 158.) - < -- ~-III--1f&'- tJ .S, C.- 7lfIJ Coasting-trade laws. The coasting trade between Puerto Rico and ,the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts of the United States. (Apr. 12, 1900, ch. 191, 9, 31 Stat. 79; May 17, 1932, ch. 190, ~? Stat. 158.) y.tf- &oJ • ..s.Cf -7~-J-Y. 8. Code HTS5 ~ib. 48.- Coins; redemption; exc .ange-; recoinage; legal tender. (Monetary Uni<;m.) For the purpose of retiring the Puerto Rican coins in circulation in Puerto Rico on April 12, 1900,' and substituting therEfbr the coins of the United States, the Secretary of the Treasury is authorized to redeem, on presentation in Puerto Rico, all the silver coins of Puerto P..i..co known as the' peso and all other stlver and copp~r Puerto' Rican coins in circulation in Puerto Rico on such date, not including any such coins that miv be im orted into Puerto Rico a.fter the 1st day of February 1900, at the rate of 60 cents in the coins _of the United States for L peso 'of puerto-Rican coin, and for a.ll minor or subsidiary coins the same rate of. change shall be applied. The Puerto Rican coins so purchased or redeemed shall be recoined at the expense of the United States, under the direction of the Secretary of the Treasury, into such coins of the United States now authorized by law as he may direct. No coins shall be a. legal tender, in payment of debts contracted for any ~ oun;; in Puerto RiCO, except those of the United States, ana except those owing prior to April 12, 1900, which shall be pay ble in the coins of Puerto Rico in circulation at that date, or in the coins of the United States at the rate of exchange herein mentioned. (Apr. 12, 1900, ch. 19r, 11, 31 Stat. 80; May 17, 1932, ch. 190, 47 Stat. 158.)
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Calificación | |
Título | The Puerto Rican Federal Relations Act. Compiled and revised by A. Fernós Isern |
Materias - LACLL | Estados Unidos. Ley Pública 600; Estados Unidos. Ley de Relaciones Federales con Puerto Rico; Puerto Rico--Política y gobierno; Historia constitucional--Puerto Rico; Puerto Rico--Relaciones--Estados Unidos; Estados Unidos--Relaciones--Puerto Rico |
Materias - LCSH | United States. Public Law 600; Constitutional history--Puerto Rico; Constitutional law--Puerto Rico; Puerto Rico. Constitution; Puerto Rico--Politics and government--1952-1998; United States--Relations--Puerto Rico; United States. Puerto Rican Federal Relations Act |
Descripción | Borrador de la Ley 600 |
Tipo de material | Text |
Serie | Serie Ley 600. Subserie Borradores |
Condiciones de reproducción | Sujeto a las leyes de derechos de autor de los Estados Unidos de América y del Estado Libre Asociado de Puerto Rico. En caso de publicación o divulgación de cualquier tipo de imagen reproducida, el usuario se compromete a dar crédito a la Sala Dr. Antonio Fernós Isern de la Facultad de Derecho de la Universidad Interamericana de Puerto Rico, como custodio de este documento. |
Formato | |
Lenguaje | eng |
Trancripción | TH" PU .:.RI'O RICAN FEDERAL RELATIONS ACT A. FER.~OS-ISERN . Ris (J>f III r COI1 1"115..5 JONGJ? 7) F fiLl £(TO «Ie c> • "The Puerto Rico Federal Relations Act." Be it enacted b the Senate and House of Re resentatiyes of the lfniteq States of America in Cangress assemoled: That the rOV1S10ns of this Act shall apply to the Island of Puerto Rico and to the adjacent islands belonging to the United States, and waters of those islands-and the name Puerto Rico as used in this Act shall be held to include not only the island of that name but all the ~djacent islands as aforesaid. SECTION 2:- The rights, privileges, and immunities of citizens of the-United States shall be respected in Puerto Rico to the same extent as thou h Puerto Rico were a State of the Union and subject to the rovisions of paragraph 1 Of ~ect}~ 2 of article IV of-the Constitution of the United States. 1) & \2) (1) In accordance with Su reme Court decisions (Insular cases) Puerto Rico is not incorporated into the Union, although under United States sovereignty. It is organized as a bod olitic to be known as "The People of Puerto Rico", in accordance with section 7 of the Foraker Act of 1900, which reads, in part, as follows:- (The Citizens of Puerto Rico) "together with such citizens of the United S\ates as may reside in Puerto Rico, shall constitute a body olitic under the-name of The People of Puerto Rico, with governmental powers as her~~~fter conferred, and with power to sue and be sued as such." (2) Who are citize~s of Puerto Rico: (a) Section 7 of the Foraker Act of 1900 reads: "That all inhabitants continuing to- reside therein who were Spanish sUbjeets on the elev~th day of April, eighteen hundred and ninety-nine,. and then-resided in Puerto Rico, and- their -Cbilo.ren-bo-rn subsequent ther:eto, .shall be deemed and held to De citizens of Puerto Rico ana as such entitled to the protection of th United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or Defore the eleventh day of April, ninteen hundred, in accordance with the provisions of the treaty" of peace between the United States and Spain enter§ld into on the eleventh day of April eighteen hundred and ninety-nine. n (b) Section 5a of the Jones Act, of 1917, as amended, March 4, 1927 q.v. reads: "All citizens of the United States· who hav-e resided or who shall hereafter reside in the island for one year shall be citizens of Puerto Rico." - 2 - SECTION 3:- (As amended August 26, 193'7, 50 Stat. 843.) That no export duties shall be levied or collected on exports from Puerto Rico, but taxes and assessments on property, income -taxes, internal revenue, and license fees, and royalties for franchises, privileges, and concessions may be imposed for the purposes of the insular and municipal governments, respectively, as may be provided and defined by the Legislature of PuBrto Rico; ~l) and when necessary to anticipate taxes and revenues, bonds and other obligations may be issued by puerto Rico or any municipal government ther~in as may be provided by law, and to protect the public credit; Prov~ded, however, That no public indebtedness of Puerto Rico and the municipalities of San Juan, Ponce, Mayaguez, Arecibo and Rio Piedras shall be allowed in excess of 10 per centum of the aggregate tax valuation of its property, and no public indebtedness of any-other subdivision or municipality of Puerto Rico shall hereafter be allowed in excess of 5 per centum of the aggregate tax valuation of the property in any such subdivision or m1,lIlicipality, and all bon-ds issued by the government of Puerto Rico, Qr by its authority, shall be exempt from taxation by the Government of the United States, or-by the government of Puerto Rico or of any political or municipal subdivision th~reof, or Qy any State,-Territory, or possession or by any county, municipality, or other municipal subdivision of any State, Territory, or possession of the United States, or by the District of Columbia. In computing the indebtedness of the people of Puerto Rico, municipal bonds for the payment of interest and principal of· which the good faith of the people of Puerto Rico has heretofore been pledged and bonds issued by the people of Puerto Rico secured by bonds to an equivalent amount of bonds of municipal corporations or school boards of Puerto Rico shall not be counted, but all bonds hereafter issued by any municipality or subdivision within the 5 per centum hereb,y authorized for which the good faith of the people of Puerto Rico is pledged shall be counted. And it is further provided, That the internal-revenue taxes levied by the Legislature of Puerto Rico in pursuance of the authority granted by this Act on articles, goods, wares, or merchandise may be levied and collected as such legislature may direct, on the articles subject to said tax, as soon as the same are ma~ufactured, sold, used, or brought into the Island; Provided; That no discrimination be made between the articles imported from the United States or foreign countries and similar articles produced or manufactured in Puerto Rico. The officials 01' the Customs and Postal Services of the United States are hereby directed to assist.the appropriate officials of the Puerto Rican government in the collection of these taxes. (1) Imports from foreign countries are subject.to customs duties as determined by section 2 of the Foraker Act, April 12, 1900, continued by section 58 of this Act. - 3 - SECTION 5:- That all citizens of Puerto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, "temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes", and all natives of Puerto Rico who were temporarily absent from that island on April eleventh, eighteen hundred and ninetynine, and have since returned and are permanently residing in that island, and are not citizens of any foreign count~, are hereby declared, and shall be deemed and held to be,citizens of the United States; Provided, That any person hereinbefore dascribed may retain his present political status by making a declaration, under oath, of his decision to 0.0 so v;ithin six months of tha taking effect of this Act before the district court in the district in which he resides, the declaration to be in form as follows: lllI, , being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the Act of Congress conferring United States citizenship upon citizens of Puerto Rico and certain natives permanently residing in said island." In the case of any such person wno may be absent t'rom the island during said six months the term of this proviso may be availed of by transmitting a declaration, under oath, in the form herein provided within six months of the taking effect of this Act to the Executive Secretary of Puerto Rico; And prOVided, further, That any person who is born in Puerto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effect of this Act, or if a minor, upon reaching his majority, or within one year thereafter, make a sworn -declaration of allegiance to the United S~ates before the United States District Court for Puerto Rico, setting forth therein all the facts connected with his or her birth and residence in Puerto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States. SECTION 5a:- (New Section inserted by Act of Congress approved March 4, 1927 -- 44 Stat. 1418) -- That all citizens of the United S+ates who have resided or who shall hereafter reside in the island for one year shall be citizens of Puerto Rico: Provided, That persons born in Puerto Rico of alien parents, referred to itT the last paragraph of section 5, who did not avail themselves of the privilege granted to them of becoming citiz~ns of-the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid ~ection: And provided, further, That persons who elected to retain the political status of- citizens of Puerto Rico may within one year after the passage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Puerto Ricans born of foreign parents. SECTION 5b:- (New section inserted by an Act of Congress approved June 27, 1934.) _.:. All persons born in Puerto Rico on or after April 11, - 4 - 1899, (whether before or after the effective date of this Act) and not citizens, subject, or nationals of any foreign power, are hereby declared to be citi~ens of the United States; Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such persons; or to extend such citizenship to persons who shall have renounced 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 countr~. SECTION 5c:- (New section inserted qy an Act of Congress approved May 16, 1938.) -- That any person of good character, att~~Ey'd to the principles of the Constitution of the United States, and~ disposed to the good order and happiness of the United States, and born in Puerto Rico on or after April 11, 1899, who has continued to reside within the jurisdiction of the United States, whose father elected on or before April 11, 1900, to preserve his allegiance to the Crown. of Spain in accordance with the provisions of the treaty of peace between the United States and Spain entered into on A ril 11, 1899, and who, by reason of misinformation regarding his or her own citizenship status failed within the time limits prescribed by section 5 or Section 5a hereof to exercise the privilege of establishing United States citizenship and has heretofore erroneously but in good faith exercised the rights and privileges and performed the duties of a citizen of the United States, and has not personally sworn allegiance to any for~ign government or ruler upon or after attainment of majority, may make a sworn declaration of allegiance to the United States before any United States district court. Such declaration shall set forth facts concerning his or her birth in Puerto Rico, good character, attachment to the principles of the Constitution of the United States, and being well disposed to the good order and happiness of the United States, residence within the jurisdiction of the United States, and misinformation regarding United States citizenship status, and shall be accompanied by proof thereof satisfactory to the court. After making such declaration and submitting such proofs, such person shall be admitted to take the oath of allegiance before the court, and thereupon shall be considered a citizen of the United States. SECTION 5b (1948):- Section 404 (c) of the Nationality Act of 1940 (U.S.C. Title 8, Sec. 804 (c» shall not be applicable to persons who acquired citizenship under the provisions of sections 5 .and(5a of tliis Act. This amen&nent to be retroactive to October 13, 1945. 1) (1) The Nationality Act of 1940, Ch.876, Tit. I sube~. II, provides as follOliS: "All persons born in Puerto Rico on or after- April 11,1899, subject to the jurisdiction of the United States, residing on the effective date of this chapter in Puerto Rico or othvr territory over which the United States exercises rights of sovereignty and not citizens of the United States und~ any other Act, are hereby declared to be citizens of the United States." ~- -,5- SECTION 6:- That all expenses that may be incurred on account of the Government of Puerto Rico for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the island, not however, including defenses, barracks, harbors, lighthouses, buoys, and other works undertaken by the United S~ates, shall}except as otherwise specifically provided by the Congress, be paid by the Treasurer of Puerto Rico out of the revenue in his custody. SECTION 7:- That all property which may have been acqUired in Puerto Rico by the United States under the cession of Spain in the treaty of peace entered into on the tenth day of December, eighteen hundred and ninety-eight, in any public bridges, road houses, water powers, highways, unnavigable streams and the beds thereof, subterranean waters, mines or minerals under tne surface d private lands, all property which at the time of the cession, belonged, under the laws of Spain then in force, to the various harbor works boards of Puerto Rico, all the harbor shores, docks, slips, reclaimed lands, and all public lands and ~uildings not heretofore reserved by the United states for public purposes, is hereby placed under the control of the Government of Puerto Rico, to be administered for the benefit of the people of Puerto Rico; and the Legislature of Puert-o Rico sha-ll have authority, subject to the limitations imposed upon all its acts, to legislate with respect to all such matters as it may deem advisable; Provided, That the President may from time to time, in his discretion, convey to the people of Puerto RiCO, such_lands, buildings, or interests in lands or other property now owned by the United States and within the territorial limits of Puerto RicO(~f in his opinion are no longer heeded for purposes of the United States. And he may from time to time accept by legislative grant from Puerto Rico any lands, buildings, or other interests or property which may be needed for public purposes by the United States. SECTION 8:- That the harbor areas and navigable streams and bodies of water and submerged land underlying the same in and around the Island of PUerto Rico and the adjacent islands and wat-ers, now owned -by the United States and not reserved by the United States for public _ purposes be, and the same are hereby, placed under the control of the Government of Puerto Rico, to be administered in the same manner and subject to the same limitations as the property enumerated in the preceding section: Provided, That all laws of the United States for the protection and improvement of the navigable waters of the United Sts.tes and the preservation of the interests of navigation and commerce, except so far as the same may be locally inapplicable, shall apply to said (1) Except federal property the title of which is vested in the Defense Department. (Under Camp-Taylor proviso 46 Stat. 1191 approved february 20,19.31. ) .. ? iF" Island and waters and to its adjacent islands and waters; Provided, further, That nothing in this Act contained shall be construed so as to affect or impair in any manner the tenus or conditions of any authorizations, permits, or other pavers heretofore lawfully granted or exercised in or in respect of said waters and submerged land in and surrounding said Island and its adjacent islands by the Secretary of W~r or other authorized officer or agent of the United States; And provided, further, That the Act of Congress approved June aleven-th, nineteen hundred and six, entitled, "An Act to empower the Secretary of War, under certain restrictions, to authorize the construction, extension, and maintenance of wharves, piers, and other structures on lands underlying harbor areas in navigable streams and bodies of water in or surrounding Puerto Rico and the islands adjacent thereto:1Fimd all other laws and parts of laws in conflict with this section be, and the same are herebY,repealed. SECTION 9:- 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, exce t the internal-revenue laws; PrOVided, however, That hue:teadftser al t 1 ~~x~.. f.~~~e~~~~.~lW~), ~~~fljr~1st..1rr:#e,.r;lf.~"d.,J.twt 71~fd$~J Jr"'.J nl e ta eSA or cons~e~ In ~e isfana Sll~ De covefe ln~O ~e Treasury of Puerto Rico. (1) SECTION 10:- That all judicial process shall PUn in the name. of "United States of America, ss, the President of the United States" and all penal or criminal prosecution in the local courts shall be conducted in the name and by the authority of "The People of Puerto Rico"; and all officials shall be citizens of the United States, and before entering upon the duties of their respective offices, shall take an oath to support the Constitution of the United States, and the laws of Puerto Rico. (1) See sections 3,4, and 14 Foraker Act. (1900). In accordance with section 3, articles of merchandise of Puerto Rican manufacture shipped into the United States shall be subject to a tax equal to that imposedJjt under United States internal revenue laws, upon the like United States domestic merchandise. This countervailing tax is to be paid at the United States port of entry or under law of 1906, before shipment from Puerto RlCO. Under Section 4 of the Foraker Act/all duties and taxes collected "in Puerto Rico" in pursuance of the Act shall be paid into the Treasury of Puerto Rico. In accordance with section l4;the United S,ates internal revenue laws do not apply to Puerto RicojQ"ln view of section 3". _ The proviso of section 9 supra is supplementary~~he sections of the Foraker Act as quoted. - According to the report accompanying the Jones Act, this. proviso in section 9 was found necessary,) since prior to 1917 the report says, the countervailing tax-,when collected in Puerto Rico)was being covered into the Treasury of Puerto Rico but not so when collected in the mainland. It was considered that it should be covered into the Treasury' of Puerto Rico in either case. salj -7- SECTION 11:- That_ all reports required by law to be made by the Governor or heads of departments to any official of the United States shall hereafter be made t6 an executive department of the Government of the United S.ates to be designated by the President, and the President is hereby authorized to place all matters pertain..:.ng to the Government of Puerto Rico in the jurisdiction of such department~.(1) (1) ThE prov~s~on has become largely obsolete. Upon the adoption of a Constitution by the people of Puerto Rico)a11 provisions of law heretofore requiring reports to be made by the Governor or heads of departments in the Insular Government to officials of the United States Government shall be repealed. .The- Government of Puerto Rico iICsQ'ar as it will function on the basis of the Constitution of Puerto Rico shall be conducted by officials locally elected or appointed, and responsible to the people of Puerto Rico only. However, there will continue to function in Pu~rto Rico such federal agencies as provided by federal law. Such governmental mat ters as they are in charge of will continue to be within the Jurisdiction of the United States Department of the Interior in accordance With t~is section. Executive Order No. 9383, October 5, 1934 implements this latter provision of law. It is given in full as follows:- Ex. Ord. No. 9383, Oct. 5, 1943, 8 F.R. 13781, provides:- 1. Each Federal civil agency performing services in Puerto Rico or in the Virgin "'slands shall make current reports to the Secretary of the Interior com erning the work 01 such agency in such manner and form and at such times as may be prescribed by the Secretary of the Interior. 2. The Secretary of the Interior shall make such recommendations to the heads of Federal civil agencies so reporting as may in his judgment serve to correleate the work of such agencies in Puerto Rico and in the Virgin Islands, eliminate unessential Federal-activities, assist agencies to assume increasing responsibility in civil administration, meet more efficiently the needs of the people -of Puerto Rico and the Virgin Islands for essential Federal services, and implement the policies of the United Sta~es with respect to its island possessions. 3. The Secretary of the Interior shall from time to time report to the President and to the Congress co~erning th~ actions taken pursuant to this order. 4. Thi~-order shall not be applicable to United States District Judges, United States Atto-rneys, and United States 11a.rshals. SECTION 36:- (As amended May 17,- 1932, 47 Stat. 158; June 5, 1934, 48_Stat. 879; March 4, 1925, 43 Stat. 1301.)- That the qual~fied electors of Puetto Rico shall at the next general election choose a Resident Commissioner to the. United States, whose term of-office shall begin on the date of the is-suance of his certificate of election and shall continue until the fourth of Mareh, o.inteen hundred and twenty~one. At each subsequent election, beginning with the year nineteen hundred and twenty, the qualifiea electors of Puerto Rico shall choose a Resident Commissioner to the United States, whose term of office shall be four years from the third day of January following such general election, and who shall be entitled to receive official recognition as such Commissioner by all of the departments of the· Government of the Un-i:ted Sates, upon ;presentation, through the Department of State, of a certificate of election of the Governor of Euerto Rico. The Resident .Commissioner shall receive a salary, payable monthly by the United States, of .$7,500 per annum.(l} Such Commissioner shall be allowed the same sum for stationery and for the pay of necessary cl:erk hire as i-s now allowed to !vlembers of tfie House of Representatives of the Unit?d. S1'ates (1); and he shall-be allowed the sum of $500 as mileage for each session of the House of Representativ-es and the franking privilege granted 4'.embers of Congress. No person shall be eligible to election as·Resident Commissioner Who is not a bona fide citizen of the United States and who is not more than twenty-five years of age, and who does not read write the English language. In the case of a vacancy in the office of Resident Commissioner by death, resignation, or otherwise, the Governor, by and with the advise and consent of the Senate shall (1) Amended by reorganization Act of 1944. appoint a Resident Commissioner to fill the vacancy, who shall serve until the next general election and until his successor is elected and qualified. (1) & (2) (1) In addition to the above provls10ns of law, the Resident Commissioner has the privileg~.Rf. the House of Representatives. ~ouse Rule XXXIV, renumbered"~~!J"as follows:- "1. The persons hereinafter named, ~d none other? shall p~.iW;~~~!'ie"t the Hall of the House or rooms lead1ng thereto, V1Z: The resluent or the United States and their private secretaries, judges of the Sup~eme Court, embers of Congress and Members-elect, contestants in election cases during the pendency of their cases in the House, the Secretary and Sergeant at Arms of the- Senate, heads of departments, foreign minist~~ governors of Stc:tes, the Superintendent of the Capitol Building and Grounds, the Librarian of Congress and his assistant in charge of the Law Library, the Resident Commissioner to the United states from Puerto Rico, such persons as have by name, received the tilanks of Congress, ex-members of the House of Representatives who are not interested in any claim or directly ;in any bill pending before Congress, and clerks, of committees when business from their committee is under consideratim; and it shall not be in order- f()r the Speaker to entertain a request for the suspension of this rule or to present from the Chair the request of any Member for unanimous consent. n (2) House Rule XII of the House of Representatives, section 2 as adopted under H. R. 158, on Feb. 2, 1904 reads:- "The Resident Commissioner to the United S.ates shall possess the same powers and privileges as to committee service- and in the House as are possessed by Delegates, and shall be competent to serve on the Committee on Insular Affairs as an additional member." Rule XII now reads: "1. The Delegate from Hawaii and Alaska, and the Resident Commissioner to the United States from Puerto Rico, shall be elected to serve as additional members on the Committees on Agriculture, Armed Services, and Public ,L,ands (now Interior and Insular Affairs); and they shall possess in such committees the same powers and privileges as in the House,' and may _ake any motion except to reconsider." SECTION 37:- That the legislative authority herein provided shall extend to all matters of a legislative character not locally -inapplicabJ:e, including power to create, consolidate, and reorganize the municipalities so far as may be necessary, and to provide and re eal laws and ordinances therefor; alsO" the pm·Ter to alter, amend, modify, or repeal any or all laws and ordinances of every character now in force in Puerto Rico or muni~ipality or district thereof, in so far as such alteration, amendment, modification, or repeal may be consistent with the provisions of this Act. SECTION 38:- The Interstate Commerce Act and the several amendments made or to be made thereto, the Safety Appli~ce Acts and the several amendments made or to be made-thereto, and t~e Act of Congress entitled "An Act to amend an Act entitled tAn Act 'to regulate commerce', approved February 4, 1887, and all Acts amendatory thereof, by providing for a valuatIon of the s_veral classes of property of carriers subject thereto I.and securing information concerning th-:3ir stOCkS, bonds, and other secu/rities~, approved March 1, 1913, shall not apply to Puerto Rico. SECTION 41:- (As amen d by the Act of June 25, 1948) The United States District Court for the District of Puerto Rico shall have jurisdiction for the naturalization of aliens' and Puerto Ricans, and for this purpose residence in Puerto Rieo shall-:be counted in the same manner as residence elsewhere in the United States. Said district court shall have jurisdiction of all controversies where all of the parties on either side of the controversy are citizens or subjects of a foreign State or States, or citizens of a State, Territory or District of the United States hot domiciled in Puerto Rico, wherein the matter in dispute exceeds, exclusive of interest or costs, the sum or value of $3,000 and of all controversies in which there is a separable controversy involving such jurisdictional amount and in which all the parties on either side of such separable controversy are citizens or subjects of the character aforesaid. The salaries of the j~dge and officials of the United States District Court, the District of Puerto Rico to.gether with the court expenses, shall be paid from the United States revenues in the,same manner as in other United States district courts. In case of vacancy or of the death, absence, or other legal disability on the art of the judge of the said United States District Court for the District of Puerto Rico, the President of the United States is authorized to designate one of the judges of the Supreme Court of Puerto Rico to discharge the duties of jUdge of said court until such absence or disability shall be removed, and thereupon such judge so designated for said service shall be fully authorized and empowere to perform the duties of said office during such absence or disability of such regular judge, and to sign- all necessary papers and records as the acting judge of said court, without extra compensation. --.J;F- - I J - SECTION 42:- (As amended By ~section 21 of the Act of June 25, 1948) That th_e laws of the United States relating te--appeals, writs or error and certiorari, removal or causes, and oth~r matter or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the United States District Court for the District of~uerto Rico and the courts of Puerto Rico. All pleadings and proceedings in said court shall be conducted in the English language. SECTION 44:- That the qualifications of jurors as fixed by the local laws of Puerto Rico shall not apply to jurors selected to serve- in the United States District Court for the District of Puerto Rico; but the qualifications required of jurors in said court shall be that each shall be of the age of not less than twenty-one years and not over sixty-five years, a resident of Puerto Rico for not less than one year, and have a sufficient knowledge- of the English language to enable him to serve as a juror; they shall also be citizens-of the United States. JUries for the said court shall be selected, drawn and subj ect to exemption in accordance "fith the laws of Congress . regulating the same in t~ United States courts in so far as locally applicable. SECTION 45:- That all such fees, fines, costs, and forefeitures as would be deposited to the credit of the United States if collected and paid into a district court of the United States shall become revenues of the United States when. collected and paid into the United States bistrict Court for the District ·of Puerto Rico; Provided, That ;500 a year from such fees, fines, costs and forfeitures shall be retained by the -clerk and e:h.-pended for· laJf libra!';)r purposes under the direction of the judge. SECTION 48:- (As amended March 4, 1927, 44 Stat. 1421; May 17, 1932; 47 Stat. 158.) - That the Supreme and District Courts of Puerto Rico and the respective judges_ thereof may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the District Courts of the United States and the District Courts may grant writs of mandamus in all proper cases. That no suit for the purpose of restraining tha assessment or collection of any tax imposed by the laws of Puerto Rico shall be maintained in the United States District Court for the District of Puerto Rico. SECTION 54:- That ~ deeds and other instruments affecting land situated in the District of Columbia, or any other territory or possession of the United S~ates, may be acknowledged in Puerto Rico before any notary public appointed therein by proper authority, or any officer therein who has ex officio the powers of any notary public; Provided, That the certificate by such notary shall be accompanied b.Y the certificate of the Executive Secretary of Puerto Rico to the effect that the notary taking such acknowledgment is in fact such notar±al officer. · ' ~- -/2-- SECTION 55:- Tha.t nothing in this Act shall be deemed to impair or interrupt the jurisdiction of exis'ting courts over matters ending therein upon the approval of this Act, which jurisdiction is in all respects hereby continued, the purpose of tnis Act being to preserve the integrity of all of said courts and their jurisdiction until otherwise provided by law, except as in this Act otherwise specifically _provided. SECTION 58:- That all laws or parts -of laws applicable to Puerto Rico not in conflict with any of the provisions of this Act, inc~uding the laws relating to tariffs, customs, and duties on importations into Puerto Rico prescribed by the Act of Congress entitled "An Act temporarily to provide revenues and a cIvil government for Puerto Rico, and for other purposes" I:}pproved April twelfth, ninteen hundred ... are hereby continued in effect, ~l) and all laws aIld parts of laws inconsistent with the provisions of this Act are hereby repealed. Approved, March 2, 1917. (1) Provisions of law above referred to are to be found in the following pages, as given by U.S. Code. w • Provisions of the Foraker Act continued under section 58 of the Statute of Relations and, consequently, parts thereof. Fundamentally, these provisions create an Economic Union between Puerto Rico and the United States. JI~_t.J,S,C,-73~ ~.O. S8g~ - H7JS ~ib. 48 Free interchange of mercnandise with United States. (Free Trade.) All merchandise and articles coming into the United States from I:uerto Rico and comine, into Puerto Rico from the United States shali be entered at the several ports of entr,y free of duty and.~ no event shall any tariff duties be collected orr said merchandise or articles. (Apr. 12, 1900, ch. 191, 3, 31 Stat. 77; May 17, 1932, ch~ 90, 47 Stat. 158.) '4s>-~. ,C;-7.3'1 g S CSQs $739 - Title ~ Duties on foreign imports into Puerto Rico. (Customs Union.) The same tariffs, customs, and duties shall be levied, collected, and paid upon all articles imported into Puerto Rico from ports other than those of the United States 'which are required by lav to be collected upon articlas imported into the United States from foreign countries. (Apr. 12, 1900, ch. 191, 2, 31 Stat. 77; Aug. 5, 1909, ch. 6, 1, 36 otat. 71,74; May 17, 1932, ch. 190, 47 Stat. 158.)' 4lf'-1.1 . .Lc,- 7",0 tJ. ~. Code /;''?iId. ~ib. ~ Duties on taxes to constitute fund for benefit of Puarto Rico; ports of entry. (Custom Union.) The duties and taxes collected in Puerto Rico in pursuance of the provisions of t~rs chapter, less the cost of collecting the same, and the g ross amount of all collections of duties and taxes in the United States-upon articles of merchandise coming from Puerto Rico, shall be pa{d into the treasury of Puerto Rico to be expended as required by law for the government and benefit thereof, and the Secretary of the Treasury shall designate the several ports and subports of entry in Puerto Rico and shall make such rules and regulations and appoint such agents as may be necessary to colJ:ect the duties and taxes authorized to be levied, collected, and paid in Puerto Rico by the provisions of tr.is chapter, and he shall fix the compensation and provides for the payment thereof of all such officers, agents, and assistants as he may find it necessary to employ to carry out the provisions of law. (Apr. l2,L900, ch.19l, 4, 31 Stat. 78; May 17,1932, ch. 190, 4·7 Stat. 158.) - < -- ~-III--1f&'- tJ .S, C.- 7lfIJ Coasting-trade laws. The coasting trade between Puerto Rico and ,the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts of the United States. (Apr. 12, 1900, ch. 191, 9, 31 Stat. 79; May 17, 1932, ch. 190, ~? Stat. 158.) y.tf- &oJ • ..s.Cf -7~-J-Y. 8. Code HTS5 ~ib. 48.- Coins; redemption; exc .ange-; recoinage; legal tender. (Monetary Uni<;m.) For the purpose of retiring the Puerto Rican coins in circulation in Puerto Rico on April 12, 1900,' and substituting therEfbr the coins of the United States, the Secretary of the Treasury is authorized to redeem, on presentation in Puerto Rico, all the silver coins of Puerto P..i..co known as the' peso and all other stlver and copp~r Puerto' Rican coins in circulation in Puerto Rico on such date, not including any such coins that miv be im orted into Puerto Rico a.fter the 1st day of February 1900, at the rate of 60 cents in the coins _of the United States for L peso 'of puerto-Rican coin, and for a.ll minor or subsidiary coins the same rate of. change shall be applied. The Puerto Rican coins so purchased or redeemed shall be recoined at the expense of the United States, under the direction of the Secretary of the Treasury, into such coins of the United States now authorized by law as he may direct. No coins shall be a. legal tender, in payment of debts contracted for any ~ oun;; in Puerto RiCO, except those of the United States, ana except those owing prior to April 12, 1900, which shall be pay ble in the coins of Puerto Rico in circulation at that date, or in the coins of the United States at the rate of exchange herein mentioned. (Apr. 12, 1900, ch. 19r, 11, 31 Stat. 80; May 17, 1932, ch. 190, 47 Stat. 158.) |
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