HAWAII OMNIBUS ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00965R000300130001-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 15, 2016
• Document Release Date: September 25, 2003
• Sequence Number: 1
• Content Type: OPEN

Approved For Release 2003/1,0/16 : CIA-RDP91-00965R000300130001-3
.t960 CONGRESSIONAL RECORD - SENATE
tion station should be located inthe'vicinity
of Great Bend, Kans.: Now, therefore, be it
"Resolved by the Senate of the State of
Kansas (the House of Representatives con-
curring therein), That we respectfully urge
and request the members of the Kansas del-
egation in the Congress of the United States
to support the location and establishment of
an additional airway, communication and
navigation station (Omni) in the vicinity of
Great Bend, Kans., and the incorporation of
the some as a part of the Federal airway sys-
tem of the United States of America; and
be it 'further
"Resolved, That the secretary of state be
directed to transmit a copy of this resolu-
tion to each member of the Kansas delega-
tion in the House of Representatives of the
United States and the Senate of the United
States."
I hereby certify that the above concurrent
resolution originated in the senate, and was
adopted by that body February 1, 1960.
JOSEPH W. HENKLE, Sr.,
President of the Senate.
RALPH E. ZARKER,
Secretary of the Senate.
Adopted by the House February 5, 1960.
_ JESS TAYLOR,
Speaker of the House.
A. E. ANDERSON;
Chief Cerk of the House.
REPORTS OF COMMITTEES
The following reports of committees
were submitted:
By Mr. ANDERSON, from the Committee
on Finance, without amendment:
H.R.2164. An act to reduce the cabaret
tax from 20 percent to 10 percent (Rept.
No. 1084).
By Mr. HAYDEN, from the Committee on
Rules and Administration, without amend-
ment:
S. Con. Res. 86. Concurrent resolution au-
thorizing the printing of additional copies
of the hearings on employment, growth, and
price levels;
S. Con. Res. 87. Concurrent resolution au-
thorizing the printing of additional copies
of the report on employment, growth, and
price levels;
S. Con. Res. 88. Concurrent resolution au-
thorizing the printing of additional copies
of the hearings on energy resources and tech-
nology;
S. Con. Res. 89. Concurrent resolution au-
thorizing the printing of additional copies
,of the studies on comparisons of United
States and Soviet economies;
S. Res. 247. Resolution providing addi-
tional funds for the Committee on Public
Works and authorizing the employment of
additional clerical assistance (Rept. No.
1085);
S. Res. 258. Resolution authorizing the
printing of additional copies of hearings con-
cerning unemployment problems in Indiana;
S. Res. 259. Resolution to print with illus-
trations, a committee print entitled "Rela-
tive Water and Power Resource Development
in the U.S.S.R. and U.S.A.";
cult
8.
Comnii
employ
on authorizing the
S 1Res. 269. Resolutt0
ate document with an illustration the re-
port of the Advisory Council on Public As-
sistance;- and
S. Res. 270. Resolution to print as a Sen-
ate document with an illustration the report
of the Advisory Council on Child Welfare
Services.
By Mr. HAYDEN, from the Committee on
Rules and Administration, with an amend-
ment:
S. Res. 255. Resolution providing addi-
tional funds for the completion by the Com-
mittee on Government Operations of its
study of worldwide health and medical re-
search, and authorizing the employment of
additional personnel (Rept. No. 1089);
S. Res. 256. Resolution authorizing , the
printing of additional copies of the unem-
ployment selected readings prepared by the
Special Committee on ' Unemployment Prob-
lems;
S. Res. 257. Resolution authorizing the
printing of additional copies of the studies
in unemployment prepared by the Special
Committee on Unemployment Problems;
and
S. Res. 260. Resolution to print with illus-
trations a committee print entitled "Rela-
tive Water and Power Resource Development
;in the U.S.S.R. and U.S.A."
By Mr. HAYDEN, from the Committee' on
Rules and Administration, without an ad-
ditional amendment:
S. Res. 244. Resolution providing for a
study of transportation policies in the
United States (Rept. No. 1091).
By Mr. HAYDEN, from the Committee on
Rules and Administration, with an addi-
tional amendment:
S. Res. 243. Resolution authorizing the
Committee on Interstate and Foreign Com-
merce to investigate certain matters within
its jurisdiction (Rept. No. 1090); and
By Mr. ELLENDER, from the Committee
on Agriculture and Forestry, without
amendment:
H.R.7889. An act to require marketing
quotas for rice when the total supply ex-
ceeds the normal supply (Rapt. No. 1092).
By Mr. JOHNSTON of South Carolina,
from the Committee on Agriculture and
Forestry, with an amendment:
H.R.8343. An act relating to the preser-
vation of acreage allotments on land from
which the owner is displaced by reason of
the acquisition thereof by a Government
agency in the exercise of the right of emi-
nent domain (Rapt. No. 1093).
By Mr. SCHOEPPEL, from the Committee
on Agriculture and Forestry, with an
amendment:
H.R.4874. An act to amend section 334 of
the Agricultural Adjustment Act of 1938, as
amended, to provide that for certain pur-
poses of this section, farms on which the
farm marketing excess of wheat is adjusted
to zero because of underproduction shall be
:regarded as farms on which the entire
amount of the farm marketing excess of
wheat has been deliverd to the Secretary or
stored to avoid or postpone the payment
of the penalty (Rept. No. 1094).
COMMITTEE SERVICE
Mr. HAYDEN, from the Committee on
Rules and Administration, reported an
original resolution (S. Res. 276) electing
a member on the part of the Senate to
the Joint Committee on Printing and the
Joint Committee on the Library, which
was placed on the calendar, as follows:
Resolved, That Mr. BRUNSDALE be, and he
is hereby, elected a member on the part of
the Senate of the Joint Committee on
Printing and the Joint Committee on the
Library, vice Mr. MORTON.
2475
BILL AND JOINT RESOLUTION
INTRODUCED
A bill and a joint resolution were in-
troduced,' read the first time, and, by
unanimous consent, the second time, and
referred as follows:
By Mr. MURRAY (for himself, Mr.
ALLOTT, Mr. CARROLL, Mr. CHURCH?
Mr. FONG, Mr. GOLDWATER, Mr.
GRUENING, Mr. KUCHEL, Mr. LONG
of Hawaii, Mr. MARTIN, and Mr.
Moss) :
S. 3054. A bill to amend certain laws of
the United States in light of the admission
of the State of Hawaii into the Union, and
for other purposes; to the Committee on
Interior and Insular Affairs.
(See the remarks of Mr. MURRAY when he
introduced the above bill, which appear
under a separate heading.)
By Mr. HEATING:
S.J. Res. 164. Joint resolution designating
February of each year as American History
Month; to the Committee on the Judiciary.
(See the remarks of Mr. KEATING when he
introduced the above joint resolution, which
appear under a separate heading.)
MEMBERSHIP ON JOINT COMMIT-
TEES ON PRINTING AND THE
LIBRARY-RESOLUTION
Mr. HAYDEN, from the Committee on
Rules and Administration, reported an
original resolution (S. Res. 276) electing
a member on the part of the Senate to
the Joint Committee on Printing and the
Joint Committee on the Library, which
was placed on the calendar.
(See the above resolution printed in
full when reported by Mr. HAYDEN,
which appears under the heading "Re-
ports of Committees.") %
HAWAII OMNIBUS ACT
Mr. MURRAY. Mr. President, as
chaiman of the Committee on Interior
and Insular Affairs, which had initial
responsibility in the Senate, for Hawaii
statehood, I introduce, for appropriate
reference, a bill to amend certain laws
of the United States with respect to the
former Territory of Hawaii, now happily
the great State of Hawaii. Joining me
as cosponsors are several distinguished
and able Senators from both sides of the
aisle, all of whom are members of the
Committee on Interior and Insular Af-
fairs, who had an active part in bringing
about statehood. They include the Sen-
ator from California [Mr. KUCHEL.], the
Senator from Arizona [Mr. GOLDWATER],
both of the Senators from Colorado
[Mr. CARROLL and Mr. ALLOTT], the Sen-
ator from Idaho [Mr. CHURCH], the Sen-
ator from Iowa [Mr. MARTIN], the
Senator from Utah [Mr. Moss], and the
Senator from Alaska [Mr. GRUENING].
Appropriately, the two able Senators
from Hawaii [Mr. LONG and Mr. FONG],
representing both of the great political
parties, also are joining as cosponsors. .
The bill I am introducing is the so-
called Hawaii Omnibus Act. It is desig-
nated to make those changes in Federal
laws which have become necessary and
desirable because of the change in Ha-
waii's status from a great Territory to
a great State of' the United States.
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CONGRESSIONAL. RECORD -- SENATE February It
uch of the proposed legislation is tech-
cal, such as the elimination of inappro-
priate reference to the "Territory of
Iawaii" in Federal statutes.
Other provisions are substantive, en-
abling our newest State to participate in.
other programs on an equal footing with
thgg, other States in all respects whatever.
ft2r. President, this bill was drafted by
the executive agencies concerned with
the administration of Federal responsi-
bilities in Hawaii, and with the applica-
bility of Federal laws. I ask unanimous
consent that a sectional analysis of the
measure, as submitted by the Bureau of
the Budget, appear at.the conclusion of
my remarks, as well as the explanatory
letter of transmittal from Deputy Di-
rector Staats of the Bureau.,
The ACTING PRESIDENT pro tem-
pore. The bill will be received and
appropriately referred; and, without ob-
jection, the sectional analy;is and letter
of transmittal will be printed in the
RECORDS
The bill (S. 3054) to amend certain
laws of the United States in light of the
admission of the State of Hawaii into
the Union, and for other purposes, intro-
duced by Mr. MURRAY (for himself and
other Senators), was received, read
twice by its title, and referred to the
Committee on Interior and Insular
Affairs.
The sectional analysis and letter of
transmittal are as follows:
SECTIONAL ANALYSIS
SHORT TITLE
Section 1 provides that the act may be
cited as the Hawaii Omnibus Act.
PRINTING OUTSIDE UNITED STATES
Section, 2 would amend the law which
authorizes the. Secretary of State, notwith-
standing the limitations contained in an 1895
statute, to provide for printing and bind-
ing outside the "continental United States"
(6 U.S.C., sec. 170g). To remove ambiguity,
such phrase would be amended to refer in-
stead to the, "States of the United States
and the District of Columbia." The 1895
Statute (44 U.S.C., sec. 111), requires, with
exceptions not now pertinent, that printing
for the U.S. Government be done at the
Government Printing Office.
SUGAR ACT
Section 3 amends each section of the
Sugar Act containing- a reference to "the
Territory of Hawaii" by deleting the words
"theTerritory of." The section would effect
310 substantive change in the act. The sec-
tions of,_the Sugar Act which would be
amended are codified at 7 U.S.C., sections
I1Q1(j), 1113, 1115(a), 1119(a), 1119(c),
1137.>
it Section 4 would amend section 113 of the
Soil Batik Act (7 U.S.C., sec. 1837), so that
henceforth the States of Hawaii and Alaska
would be accorded the treatment received
by other States under the Conservation Re-
serve Program. Section 5 of the Alaska
Omnibus Act perpetuated the special treat-
merit which Alaska had received as a Ter-
I'itory, so that under the terms of that sec-
tion, the program applied to the State of
Alaska (and to the Terriory of Hawaii), only
if the Secretary of Agriculture determined
that the national interest required it. Sec-
tion 4 of the Hawaii omnibus legislation
a proposes to treat both Alaska and Hawaii in
th same manner as the other States, and
the application of the program to those areas
would not be dependent upon a determina-
ARMED FORCES
Section 5 would provide perfecting amend-
ments to title 10 of the United States Code.
Subsection (a) amends the definition of the
term "Territory" to delete the existing ref-
erence to Hawaii. Subsection (b) would
amend two definitions in article 2 of the
Uniform Code of Military Justice to, delete
references to "the main group of the Hawai-
ian Islands." Such references are unneces-
sary with Hawaii's admission, because Hawaii
is now a part of the United States. Sub-
section (c) strikes the special and now un-
necessary reference to Hawaii in a section
which comprehends all of the States. Sub-
section (d) deletes authority by which sea
transportation may be made available to
"Officers and employees of the Territory of
Hawaii."
HOME LOAN BANK BOARD.
Section 6 would provide perfecting amend-
ments to two statutes administered by the
Federal Home Loan 'Bank Board. The Fed-
eral Home Loan Bank Act and the Home
Owners' Loan Act of 1933 would each be
amended by striking references to Hawaii
as a Territory. The sections to be amended
are codified at 12 U.S.C., sections 1422(3)
and 1466, respectively.
NATIONAL HOUSING ACT
Section 7 provides perfecting amendments
to certain sections of the National Housing
Act. The sections, which are codified at
12 U.S.C., sections 1708d, 1707(d), 1713(a)
(7), 1738(d), 1747 1(q), and 1748(g), would
all be amended to remove superfluous refer-
ences to Hawaii.
SECURITIES AND EXCHANGE COMMISSION
Section 8 provides amendments to cer-
tain statutes administered by the Securities
and Exchange Commission. The amend-
ments are perfecting only, merely removing
unnecessary references to Hawaii in defini-
tions of the term "State," except for the
amendment to section 6(a) (1) of the Invest-
ment Company Act of 1940. Such amend-
ment relates to the provision in the Invest-
ment Company Act which provides an
exemption from the provisions of the Act
to .companies organized under the laws of
the territories or possessions which confine
offerings of their securities to residents of
such territories or possessions. The effect
of the amendment would be to remove
Hawaii from the areas (all of which are
territories or possessions) to which the
special exemption applies, and to acgord to
Hawaii the same treatment as the other
States receive. The sections to be amended
are codified at 15 U.S.C.; sections 77b(6),
78c(a)(16), 80a-2(a)(37), 80a-8(a)(1), and
80b-2(a)(18).
SMALL BUSINESS INVESTMENT ACT
Section 9 provides a perfecting amendment
to section 103(4) of the Small Business In-
vestment Act of 1958 (15 U.S.C., sec. 662(4) ).
The amendment would remove a superfluous
reference to the Territories of Alaska and
Hawaii.
SOIL CONSERVATION AND DOMESTIC ALLOTMENT
ACT
Subsection (a) of section 10 would amend
the section of the Soil Conservation and Do-
mestic Allotment Act, codified at 16 U.S.C.,
section 590h(b), which relates to the Sec-
retary of Agriculture's utilization of elected
county committees in administering the Act.
In the Territory of Hawaii, county commit-
tees have been appointed rather than elected.
The amendment would have the effect of ex-
tending to Hawaii the same elected commit-
tee system as applies elsewhere in the States.
Alaska is excepted from the proposed new
language in light of the provision contained
in section 13(a) of the Alaska Omnibus Act,
which was enacted In recognition of the fact
that fewer committees are required in Alaska
than elsewhere in the States because of
Alaska's relatively small soil conservation
program.
Subsection (b) would provide an amend-
ment to section 17(a) of the Soil Conserva-
tion and Domestic Allotment Act (16 U.S.C.,
sec. 590q(a) ), to remove superfluous refer-
ences to the Territory of Hawaii.
WATER STORAGE AND UTILIZATION
Section 11 amends the law by which the
Federal Government assists the States and
territories in providing, facilities for water
storage and utilization. The amendment is
perfecting only, merely reflecting the new
status of both Alaska and Hawaii. The sec-
tion to be amended is codified at 16 U.S.C.,
section 590r.
WILDLIFE RESTORATION
Section 12 provides a perfecting amend-
ment to section 2 of the Wildlife Restoration
Act (16 U.S.C., sec. 669a), to remove the
definition of the term "State". The term is
defined by existing law to include the States
and the Territory of Hawaii.
FISHERY RESOURCES
Section 13 contains perfecting amend-
ments to the statute, codified at 16 U.S.C.,
sections 758-758d, which authorizes the Sec-
retary of the Interior to undertake explora-
tion, investigation, development, and main-
tenance projects for fishery resources in the
Pacific. Inappropriate references to the
"Territory" of Hawaii and to the "Hawaiian
Islands" would be deleted or modified by the
amendments.
FISH RESTORATION
Section 14 provides a perfecting amend-
ment to section 2(d) of the Fish Restoration
Act (16 U.S.C., sec. 777a (d)) , to remove the
definition of the term "State." The term is
defined by existing law to include the States
and the Territory of Hawaii.
CRIMINALCODE
Subsection (a) of section 15 amends the
definition of the term "United States" for
purpose:; of provisions of the Criminal Code
relating to narcotics by deleting superfluous
references to the Territories of Alaska and
Hawaii.
Subsections (b) and (c) amend the Fed-
eral Youth Corrections Act and a 1958 stat-
ute (18 U.S.C., see&. 4208, 4209), relating to
parole to make them applicable in the U.S.
district court for the district of Hawaii,
which court came into being upon the ad-
mission of Hawaii. The same laws were ex-
tended to Alaska by subsections (a) and (b)
of secticn 17 of the Alaska Omnibus Act, but
because the district court for the district of
Alaska was not then established, it was nec-
essary to defer the effective date of the ex-
tension. The Alaska district court is not yet
established. The deferral contained in sec-
tion 17(c) of the Alaska Omnibus Act is
therefore preserved by subsection (d) of this
section.
DEFENSE EDUCATION ACT
Subsection (a) of section 16 of the bill
amends section 103(a), paragraphs (2) and
(3) of :,ection 302(a), and section 1008 of
the National Defense Education Act of 1958
(20 U.S.C., secs. 403, 442, 588), so as to
eliminate the special treatment of Hayti.
The amendments to paragraphs (2) aV (3)
of section 302(a) would provide for }.'eating
Hawaii ,,he same as the States ina con-
tinental United States so that the,"(" capita
income of each State would p` compared
with the per capita incomeof continental
United States and Hawaii purposes of
determining the allocatio unds' to the
States for acquisition off, th' science, or
modern foreign lan quipment. The
g 103(a) and 1008
m A- t u
aen
ens
e
i
s
c a sine basis as the
would put Hawaii a es
other States for
Hawaii of funds
ement of "hos
public scol
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CONGRESSIONAL RECORD - SENATE
supervisory services in mathematics, science,
or modern foreign language, and funds for
counseling and guidance testing programs.
These amendments would, under section
51 of the bill, be effective in the case of allot-
ments for acquisition of equipment based on
allotment ratios which are promulgated after
August 21, 1959, the date Hawaii was ad-
mitted Into the Union as a State. They
would be effective in the case of allotments
for State programs of expansion or improve-
ment of supervisory services, or for counsel-
ing and guidance and testing programs, for
fiscal years beginning after Hawaii was ad-
mitted.
VOCATIONAL EDUCATION
Subsection- (b) of section 16 would repeal
section 4 of the act of March 10, 1924 (20
U.S.C., sec. 29), which extended the benefits
of the Smith-Hughes vocational education
law to Hawaii. With the advent of state-
hood, Hawaii would be entitled to those
benefits anyway. Such section 4 also au-
thorized a separate appropriation of $30,000
annually for this purpose.
Subsection (b) would, in addition, amend
sections 2 and 4 of the Smith-Hughes voca-
tional education law (20 U.S.C., secs. 12, 14).
These sections provide for allotments to the
States for salaries of teachers and supervisors
of agricultural subjects and for teacher
training in agriculture, trades and industries,
and home economics, respectively. Both sec-
tions include separate appropriations for a
$10,000 minimum allotment provided for
the States. The amounts appropriated for
the purpose of paying these minimums
($27,000 and $9$,500, respectively) would be
insufficient to provide the minimums for Ha-
waii as well as the other States, and hence
they would be increased by the bill to $28,-
50.0 and $105,200, respectively.
These amendments would be applicable for
fiscal years beginning after Hawaii was ad-
mitted into the Union as a State.
Subsection (b) also amends the Vocational
Education Act of 1946 to eliminate from the
definitions of "State" and "States and Terri-
tories" the specific mention of Hawaii (20
U.S.C., sees. 151, lbjj, and 15ggg). These are
purely technical amendments having no sub-
stantive effect.
SCHOOL CONSTRUCTION ASSISTANCE IN FED-
ERALLY AFFECTED AREAS
Subsection (c) of section 16 of the bill
amends paragraph (13) of section 15 of Pub-
lic Law 815 (81st Cong.), as amended (20
U.S.C., sec. 645), which defines .the term
"State." The amendment would eliminate
the specific reference to Hawaii. This is a
purely technical amendment.
SCHOOL OPERATION ASSISTANCE IN FEDERALLY
AFFECTED AREAS
Subsection (d) of section 16 of the bill
amends section 3(d) of Public Law 874 (81st
Cong.), as amended (20 U.S.C., sec. 238).
This section of the law sets forth the method
of determining the local contribution rate
used in computing the amount of the pay-
ments to local school districts on account of
federally connected children attending their
schools. The determination of the rate for
the territories and possessions, including
Hawaii, and for States with substantial un-
organized territory for which a State agency
is the local educational agency is, however,
separately provided for, with the Commis-
sioner of Education authorized to make the
determination consistently with the policies
and principles provided for the determina-
tion of the rate in the case of school districts
in other States.
The amendments to this section of the law
would eliminate the specific mention of Ha-
waii as one of the "States" to which the spe-
cial provision applies, but would make the
special provision applicable also to any State
in which there is only one local educational
agency. This would include Hawaii at pres-
ent. These amendments would also specifl-
cally include Hawaii along with the 49 other
States and the District of Columbia for pur-
poses of determining the average per pupil
expenditure therein, which is used, in turn,
in determining the minimum local contribu-
tion rate.
These amendments would be applicable for,
fiscal years beginning after Hawaii was ad-
mitted into the Union as a State.
This subsection also amends paragraph (8)
of section 9 of Public Law 874 (20 U.S.C.,
sec. 244), which defines the term "State."
The amendment would eliminate the specific
reference to Hawaii. This is a purely tech-
nical amendment.
IMPORTATION OF MILK AND CREAM
The act of February 15, 1927, as amended
by the Alaska Omnibus Act, now applies to
importation of milk and cream into the
continental United States, including Alaska.
Section 17 of the bill would, effective on the
date of enactment of this legislation, make
this law applicable also to importation of
milk and cream into Hawaii. The section
to be amended is codified at 21 United States
Code, section 149(b).
OPIUM POPPY CONTROL
Section 18 would provide a perfecting
amendment to section 12 of the Opium
Poppy Control Act of 1942 (21 U.S.C., see.
188k). It would strike a superfluous refer-
ence to the Territory of Hawaii.
HIGHWAYS
Section 19 provides amendments to the
highway laws. Subsection (a) amends the
definition of the term "State" to reflect
Hawaii's admission. Subsection (b) re-
peals two subsections applicable solely to
Hawaii which provide, first, that the system
of highways on which funds are to be ex-
pended in Hawaii shall be agreed upon by
the Secretary of Commerce and the Gover-
nor of the Territory; and secondly, that the
Secretary is to give preference in Hawaii to
projects which will expedite the completion
of highways for the national defense or
which will connect seaports with units of
national parks.
Subsection (c) extends to Hawaii and
Alaska the National System of Interstate and
Defense Highways, and the succeeding sub-
sections implement that extension with re-
spect to Hawaii. Subsection (d) provides
for the apportionment to Hawaii of the
sum of $12,375,000 for the fiscal year 1962.
This sum results from applying to Hawaii for
the fiscal year 1962 the formula (set forth at
23 U.S.C., sec. 101(b)), which was used in
fiscal years 1957 through 1959 in apportion-
ing interstate funds to the States. For
purposes of Hawaii, that formula has been
applied to the amount estimated to be avail-
able for the Interstate System for fiscal year
1962, after an estimated deduction of 1 per-
cent' for administrative purposes has been
made. In fiscal years subsequent to 1962,
Hawaii would receive apportionments under
the formula (23 U.S.C., sec. 104(d) (5) )
which applies to the other States. Subsec-
tion (e) would amend 23 U.S.C., section 127,
which relates to sizes and weights for ve-
hicles using the Interstate System, so that in
the case of Hawaii, laws or regulations In ef-
fect on February 1, 1960, rather than on
July 1, 1956, would apply.
INTERNAL REVENUE -
Section 20 contains amendments to the
Internal Revenue Code of 1954. All, except
for that contained in subsection (a), are
perfecting in nature, merely removing ref-
erences to Hawaii which are now super-
fluous. Subsection (a) relates to the defini-
tion of the term "continental United States"
for purposes of the transportation tax. As
originally enacted, the term was defined to
mean "the existing 48 States and the District
of Columbia." Both Alaska and Hawaii were
excluded under that definition, and conse-
quently a partial exemption from the trans-
2477
portation tax applied to travel to and from
those two areas. Alaska's exclusion from
"the continental United States," notwith-
standing statehood, was preserved by section
22(b) of the Alaska qmnibus Act, which
amended the definition to mean "the Dis-
trict of Columbia and the States other than
Alaska." Subsection (a) of this section
would preserve the same status for Hawaii,
and the arguments for maintaining the ex-
isting exemption, which were accepted by the
Congress in connection with the Alaska
omnibus legislation, are equally compelling
in the case of Hawaii.
The Treasury Department considers that
it would be contrary to the intent of the
Congress, as expressed in 1956, to remove
this partial exemption. The exemption
was inserted in the law in 1956 in recogni-
tion of the fact that Hawaii is far removed
from the States and that transportation be-
tween the States and Hawaii involves travel
over the high seas. When the exemption
amendment was considered in the Senate in
1956, the possible effect of future statehood
was discussed in a memorandum submitted
by Senator MORSE (CONGRESSIONAL RECORD)
March 29, 1956, p. 5212). His statement as-
serted that statehood should not change the
exemption. On this basis, together with the
legislative history of the Alaska Omnibus
Act, the Treasury Department considers that
the partial exemption continues, notwith-
standing Hawaii's admission to the Union.
Enactment of subsection (a) would confirm
that conclusion.
JUDICIARY
Section 21 Contains amendments to a
section of the judicial code and to a 1950
statute (48 U.S.C., sec. 644a), both of which
relate to the special jurisdiction of the U.S.
District Court for the District of Hawaii
with respect to cases arising on particular
Pacific Islands. The amendment would
strike the reference to Kure Island in each
statute, inasmuch as Kure is a part of the
State of Hawaii and therefore need not be
and should not be specified in the law. Kure,
then referred to as Ocean Island, was a
part of the official list of the Hawaiian
Islands compiled at the time of annexation
(S. Doc. No. 16, 55th Cong., 3d seas., 1898),
and it was included in the islands admitted
as the new State (see sec. 2 of the Hawaiian
Statehood Act).
VOCATIONAL REHABILITATION
Subsection (a) of section 22 of the bill
amends section 11(g) of the Vocational Re-
habilitation Act (29 U.S.C., sec. 41). This
section of the act defines the term "State."
The amendment would eliminate the spe-
cific reference to Hawaii. This is a purely
technical amendment.
Subsection (b) of this section of the bill
amends subsections (h) and (i) of section
11 of the Vocational Rehabilitation Act.
These subsections define the terms "allot-
ment percentage" and "Federal share." The
amendments would eliminate the special pro-
visions under which the allotment percent-
age for Hawaii is set at 50 percent and the
Federal share at 60 percent, and would pro-
vide for the determination of these to be
made in accordance with the relative per
capita income of Hawaii, as is done in the
case of other States. The amendments
would also provide that in determining the
allotment percentages and Federal shares for
the States, the relative per capita income of
each State will be compared with the per
capita income of the 50 States (including
Hawaii) and the District of Columbia.
These amendments would be effective in
the case of allotment percentages and Fed-
eral shares promulgated after August 21,
1959. (The present promulgation will be
effective until July 1, 1961.) The provisions
relating to computations made before per
capita income data for a full 3 years are
available for Alaska have been transferred
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from the Alaska Omnibus Act (Public Law
86-70) to this bill and the amendments
made by it. Also transferred to this bill (in
section 51, relating to effective dates) are
the provisions of the Alaska Omnibus Act
which were deigned to make more gradual
the reduction, under the Vocational Reha-
bilitation Act, in the allotment percentage
and Federal share for Alaska which resulted
from treating Alaska fully as a State.
LABOR
Section 23 would provide perfecting
amendments to three statutes administered
by the Labor Department: the act estab-
11shing the U.S. Employment Service, the
Fair Labor Standards Act, and the Welfare
aid Pension Plans Disclosure Act, The sec-
tions to be amended are codified at 29 U.S.C.,
sections 49b(b), 213(f), 217, and 302(a) (9),
respectively. Subsections (a) and (b) de-
lete obsolete references to Alaska and Ha-
wait; subsection (c) deletes an obsolete ref-
erence to the District Court for the Terri-
tory of Alaska; and subsection (d), which
amends a law enacted after the Alaska State-
hood Act, strikes. a reference to Hawaii only.
NATIONAL GUARD
Section 24 would strike a reference to Ha-
waii in the definition of the term "Territory"
for purposes of title 32, United States Code,
relating to the National Guard.
WATER POLLUTION CONTROL ACT
Subsection (a) of section 25 of the bill
amends section 5(h) of the Federal Water
Pollution Control Act (33 U.S.C., sec. 466d).
This section defines the term "Federal share"
which Is used for determining the portion
of the cost of the water pollution control
program' in each State which will be borne
by the Federal Government. The amend-
ments would eliminate the special treat-
ment of Hawaii so that Hawaii would have its
Federal share determined, as in the case of
the other States, on the basis of its relative
per'capita income and so that, in determin-
ing the Federal shares for the States, the
per capita income of each State would be
compared with the per capita income of the
60,States (including Hawaii) and the Dis-
trict.of Columbia.
'these amendments would be effective for
promulgations of the Federal shares made
after Hawaii is admitted. The provisions
relating to computations made before per
capita income data for a !u11 3 years are avail-
able for Alaska have been transferred from
the Alaska Amnibus Act (Public Law 86-70)
to this bill and the amendments made by it.
Subsection (b) of this section of the bill
amends ,section 11(d) of the Federal. Water
Pollution, Control Act, (33 U.S.C., sec. 466j),
which defines State, to eliminate the special
Srlention. of Hawaii. This is a purely tech-
-iiical amendment,
COAST AND GEODETIC SURVEY
Section 26 amends tl}e act of August. 3,
1956 (33 U.S.C., sec. 875),`so as to continue
the authority' of officers of the Coast and
Geodetic Survey to serve as notaries public
for personnel of the Survey serving in iso-
lated areas outside the 48 States and the
District of Columbia. With the admission
of Alaska and Hawaii Into the Union, desig-
nate`d 'officers of the Coast and Geodetic
Survey are no longer authorized to exercise
the power of notaries public In those areas.
Fregeuntly personnel serving outside the
co~utinental UnitedJStates or in Alaska find
it necessary to utilize the services of a
notary public and are unable to do so with-
putw undue personal expense or disruption
of; the work` of the party to which they
are attached.
VETSRAN5' ADMINISTRATION
Subsection' (a) of section 27 would amend
the law which relates to the authority of
the . 4ministrator of Veterans' Affairs to pro-
vide hospital care and medical services
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abroad. The amendment would not change
the law, but would merely recognize Hawaii's
admission to the Union.
Subsection (b) relates to the authority
of the Veterans' Administration under sec-
tion 903(b) of title 38 (Public Law 85-857),
to transport the bodies of vetfans who have
died in VA facilities. Existing law, as
amended by the Alaska Omnibus Act, pro-
vides that (a) when a death occurs in the
continental United States (including
Alaska), transportation may be provided "to
the place of burial in the United States (in-
-eluding Alaska) "; and (b) when a death
occurs in a Territory, Commonwealth, or pos-
session, transportation may be provided to
the place of burial within such Territory,
Commonwealth, or possession. Under ex-
isting law therefore, no explicit provision
is included for the transportation of deceased
veterans from Hawaii to the other States.
Similarly, there is no explicit, provision for
the transportation of deceased veterans
from the other States to Hawaii. More-
over, doubt exists whether authority now
exists to transport bodies within Hawaii.
Subsectiol (b) of the proposed bill would
confer these three powers on the Admin-
.strator, and in so doing would remove the
,statutory distinctions between Hawaii and
the other States. The term "continental
United States," as used in the amendment
carried in subsection (b), includes Alaska,
since section 48 of the Alaska Omnibus Act
makes clear that in any law enacted after
he Alaska Omnibus Act, the term "con-
tinental United States" means the 49 States
and the District of Columbia, unless other-
wise expressly provided.
Subsection (c) is a perfecting amendment
only, to remove n unnecessary reference to
Hawaii in the definition of the term "State."
DAVIS-BACON ACT
Section 28 strikes out superfluous refer-
ences to the Territories of Alaska and Hawaii
`n the Davis-Bacon Act (40 U.S.C., sec. 276a),
which relates to wage rates on certain pub-
lic projects.
FEDERAL PROPERTY AND ADMINISTRATIVE SERV-
ICES ACT
Section 29 provides perfecting amend-
ments to the Federal Property and Admin-
istrative Services Act of 1949, as amended.
By removing references to the continental
'United States, the first three would have
the effect of providing the same treatment
for Hawaii as the other States receive. The
fourth removes an unnecessary reference to
Hawaii in the definition of the term "State".
The sections to be amended are codified, re-
tpectively at 40 U.S.C., sections 472(f),
491(j), 514(c), and 522(a).
BUY AMERICAN ACT
Section 30 amends the Buy American Act
to remove Hawaii from the definition of the
terms "public use", "public building", and
"public work". The act will continue to
apply to Federal activities in Hawaii, but
will not apply to acquisitions by the State
of Hawaii. The section to be amended is
codified at 41 U.S.C., section 10c(b). A
similar amendment in the case of Alaska is
contained in section 43 of the Alaska Omni-
bus Act.
PUBLIC HEALTH SERVIC:B ACT
Subsection (a) of section 31 of the bill
amends section 2(f) of the Public Health
Service Act (42 U.S.C., sec, 201), which de-
fines the term "State" for purposes of the
act. This is a purely technical amendment
eliminating the specific inclusion of Hawaii
as a State.
Subsection (b) amends section 331 of the
Public 'Health Service Act (42 U.S.C., sec.
255), which relates to treatment of persons
afflicted with leprosy. Generally, all such
persons are treated at the Carville, La.,
Leprosarium. However, provision is made
for payments from Public Health Serv-
ice appropriations to Hawaii (when author-
ized by the appropriations) to enable the
latter to provide such care at its own fa-
cilities. Subsection (b) of the bill would
continue this special provision and merely
makes technical amendments to section 331.
Subsection (c) amends section 361 of the
Public Health Service Act (42 U.S.C., we.
264), relating to apprehension and detention
of individuals with communicable disease
who may be coming into one of the States
or a possession from a foreign country, Ha-
waii, or a possession. The amendment
would make this inapplicable to persons
coming from Hawaii, thereby equating Ha-
waii. to the other States insofar as the for-
eign quarantine provisions are concerned.
Subsection (d) amends section 631(a) of
the Public Health Service Act (42 U.S.C.,
sec. 2911). This section describes the meth-
od of determining allotment percentages
which are used in the allocation of the
appropriations for hospital and medical
service facilities construction under title
VI of the Public Health Service Act. They
are also used in connection with determin-
ing the Federal) share of the cost of construc-
tion. The amendments would eliminate the
special treatment for Hawaii so that it would
have its percentage based, as in the case of
the other States, on its relative per capita
income. The amendments would also pro-
vide that in determining the allotment per-
centages Of the States, the per capita income
of each State will be compared with the
per capita of the 50 States (including Ha-
waii) and the District of ;Columbia. The
Federal share of Hawaii would also be deter-
mined in the manner provided for the other
States.
These amendments would be applicable
in the case of promulgations of allotment
percentages and Federal shares made after
Hawaii's admission into the Union as a
State. TY.h.e provisions relating to compu-
tations made before per capita Income data
for a full 3 years are available for Alaska
have been transferred from the Alaska Om-
nibus Act (Public Law 86-70) to this bill
and the amendments made by it.
This subsection also amends section
631(d) of the Public Health Service Act,
which defines the term "States," to eliminate
the specific reference to Hawaii. This is a
purely technical amendment.
SOCIAL SECURITY ACT
Subsection (a) of section 32 of the bill
amends sections 1101 (a) (8) of the Social
Security Act (42 U.S.C., see. 1301). This
section defines the term "Federal percent-
age" which is used in determining the por-
tion of the expenditures in each State for
old-age assistance, aid to dependent chil-
dren, aid to the blind, or aid to the per-
manently and totally disabled which will
be borne by the Federal Government. The
amendments would eliminate the special
treatment for Hawaii so that it would have
the determination of its Federal percentage
made, as in the case of the other States, on
the basis of its relative per capita income
and so that, in determining the Federal per-
centages for the States, the per capita in-
come of each State would be compared with
the per ca:?ita income of the 50 States (in-
cluding Hawaii) and the District of Colum-
bia.
The amendments to section 1101(a) (8) of
the Social Security Act, basing its Federal
percentage on its relative per capita income,
would be effective for calendar quarters be-
ginning with the calendar quarter` in which
the bill is enacted. The others would be
effective for promulgations of the Federal
percentages made after Hawaii's admission
into the Union as a State.
Subsection (b) amends section 524 of
the Social Security Act (42 U.S.C., sec. 724).
This section defines the terms "allotment
percentage' and "Federal share"_ for pur-
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1960 CONGRESSIONAL RECORD - SENATE 2479
poses of determining the allocation of the struction and rehabilitation and betterment ed are codified at 46 United States Code, sec-
appropriations for child welfare services of small projects in the 17 Western reclama- tions 1155(a), 1176, and 1192, respectively.
under part 3 of title V of the Social Security tion States, and it appears that conditions in COMMUNICATIONS ACT
Act among the States and the portion of Hawaii are such that a considerable portion Section 39 would amend the definition of
the expenditures for this purpose in each of its irrigation potential could be developed the term "continental United States" for
State which will be borne by the Federal through projects within the scope of the purposes of section 222 of the Federal Com-
Government. small projects program. In general a small munications Act of 1934 (47 U.S.C., sec.
The amendments would provide for treat. project, for purposes of the act, is a project 222), to preserve, at least for the immediate
ing Hawaii the same as the States in the the cost of which does not exceed $5 mil- future, Hawaii's exclusion from the defini-
continental United States so that the per lion. A project the estimated cost of which tion. As will appear below, further consid-
capita income of each State would be com- is between $5 million and $10 million may eration by the Federal Communications Com-
pared with the per capita Income of the also qualify, however, under certain circum- mission may at a late date indicate that
.60 States (including Hawaii) and the Dis. stances. other or different amendments are desirable.
trict of Columbia for purposes of determin- CONGRESSIONAL RECORD Hawaii has historically been regarded as
ing the Federal percentages and Federal Section 34 amends the law relating to the outside the United States for purposes of the
shares for the States. gratuitous distribution of copies of the CON- transmission of telegraph messages. Section
The amendments made by this subsection _ caESSIONAL RECORD. Existing law provides 222 of the Federal Communications Act,
of the bill would be effective for promulga- that the Governors of the States shall receive which deals with consolidations and mergers
tions of allotment percentages and Federal one copy in both daily and bound form, of telegraph carriers, recognized this fact by
shares made after Hawaii was admitted n 3 while the Governors of the Territories receive excluding Hawaii from "domestic telegraph
the Union as a State. five in both daily and bound form. The operations" for purposes of that section.
The provisions relating to computations amendment would strike the reference to Ha- This exclusion was apparently based on geo-
(of allotment percentages and Federal per- waii in the latter provision so that the graphical considerations, rather than on con-centag (8) ofes) , under sections 524 and bGovernor of the new State would be accorded siderations of political status, as evidenced by
per capita its Social income data Security for a Act, full m 3 ade years before far are the treatment of a State Governor rather the fact that Alaska (which at the time of
ah e than a Territorial Governor. The section enactment of section 222 in 1943 occupied
available for Alaska hbue been transferred to be amended is codified at 44 United States the same political status as Hawaii), was
86-7 the Alaska ill and Act (Public Law Code, section 183. placed within the continental United States
maddee) by to it. this bill and the amendments FEDERAL REGISTER and thus included within domestic telegraphs
m
Subsection (c) of this section of the bill Section 35 amends the Federal Register operations. The proposed amendment would
amends the last sentence of section 202(1) Act so that henceforth publication in the preserve Hawaii's exclusion from the conti-
of the Social Security Act (42 U.S.C., sec. Federal Register of notice of hearing will be nental United States for purposes of section
222. It would, additionally, confirm cur-
lump-sum sections the act provides for regarded as notice to persons residing in rent practices under which telegraph mes-
~Tmp_sum payments in certain cases of Hawaii, just as it is regarded as notice to sages between tmand Hawaii are
death of an individual insured under the persons residing in all other States. Under sasagesrbetween the e operations" on me
old-age, survivors, and disability insurance circumstances described in the statute, such "inter atio a mainland n frequencies sop under inter-
program. The application for such pay- - publication is, under existing law, adequate national rate structure.
ments must be filed within 2 years of the with respect to residents of the continental The amendment to section 222 is necessary
date of death, except that, in` the case of the United States, including Alaska. The amend-
death outside the 49 States and the District ment would extend the provision to Hawaii now without to maintain an an a the t status sus quo, , could inasmuucy
h t, it of Columbija of a member of the Armed as well. The section to be amended is codi- as y u argued me edmenHawaii has with a-
Forces (including commissioned officers of fled at 44 United States Code, section 308. admission, become a part of "domestic tele-
the Public Health Service and the Coast and RAILROADS graph operations" for purposes of the section.
Geodetic Survey) who is "returned" to any
of the 49 States, the District, or any United Section 36(a) lists certain laws which It may later develop, however, that different
States Territory or possession for interment would be made inapplicable to railroads amendments may prove more suitable. The
or reinterment, the 2-year period begins with operating In Hawaii. The section corresponds Federal Communications Commission has in-
such interment or reinterment. This special to section 39(a), which relieves the Interstate stituted an inquiry (docket No. 13188, In the
treatment would no longer be provided in Commerce Commission of certain of its juris- Matter of Amendment of the Communica-
case of deaths in Hawaii. It should be noted diction with respect to such railroads. Para- tions Act of 1934, as amended, relating to
that the 2 years may be extended for as graphs (1) through (6) relate to safety telegraph service with Hawaii), the purpose
much as an additional 2 years if good cause appliance laws, and such laws are codified of which is to enable the Commission to
for the failure to file within the initial 2- at 45 United States Code, sections 1-7 (par. receive from interested parties their views
year period is shown. (1)), sections 8-10 (par. (2)), sections 11- as to what changes in the Communications
These amendments would be effective in 16 (par. (3) ), sections 17-21 (par. (4) ), Act, If any, the Commission should recom-
the case of deaths occurring on or after the sections 22-29 and 31-34 (par. (5) ), and sec- mend to the Congress. Before making a de-
date of Hawaii's admission into the Union tions 38-43 (par. (6) ). Paragraphs (7) and termination as to what changes it recom-
as a State. (8) relate to hours of service, which laws mends, other than the foregoing which would
This subsection of the bill also amends are codified at 45 United States Code, sec- merely preserve current arrangements, the
subsections (h) and (I) 'of section 210 of tions 61 through 66. The last paragraph of Federal Communications Commission will
the Social Security Act (42 U.S.C., sec. 410), the subsection provides that the State of require more time to complete its inquiry.
which define "State" alid "United States" Hawaii may regulate the matters covered. by INTERSTATE COMMERCE COMMISSION
for purposes of the old-age, survivors, and the foregoing Federal statutes. Section 40 contains amendments to parts
disability insurance program. These are Subsection (b) refers to the Railroad Re- I through IV of the Interstate Commerce Act,
purely technical amendments eliminating tirement Act of 1937 (45 U.S.C., sec. 228a et which parts deal respectively with railroad
the specific inclusion of Hawaii in these seq.), and to the Railroad Unemployment In- and pipeline carriers, motor carriers, water
terms. surance Act (45 U.S.C., sec. 351 et seq.), both carriers, and freight forwarders. The sec-
Subsection (d) of this section of the bill of which would remain applicable to rail- tions of the act to be amended are codified
amends paragraphs (1) and (2) of section roads in Hawaii under the amendment car- at 49 U.S.C., sections 1(2), 304(a) (4a),
1101(a) of the Social Security Act (42 ried in section 39(a) of the bill. The amend- 903(f), and 1002(a)(7), respectively. The-
V.S.C., sec. 1301), which define "State" and ments?contained in subsection (b) are per- Interstate Commerce Commission considers.
"United States" for purposes of the act. fecting only, relating to definitions of "State" that Hawaiian railroads (of which there are
These are also purely technical amendments and "United States" appearing in the acts to only two, both narrow gauge, and both of
eliminating the specific inclusion of Hawaii be amended. which perform very limited service), and
HOME PORTS OF VESSELS Hawaiian motor carriers and freight forward-
in these terms.
Subsections (e) and (f) contain technical Section 37 would amend the law (46 U.S.C., ers, should be exempt from regulation under
curity amendmct (42 section ee. the Social Sto sec. 18), which requires "every vessel of the the Interstate Commerce Act. This view re-
United 418), States" to have a home port in the suits from the isolated position of Hawaii,
ithin
i
on w
voluntary agreements for coverage of State United States, Alaska, Hawaii, or Puerto Rico. from the fact that transportat
and heal employees. The amendments
Hawaii as a Territory. ould The amendment would strike unnecessary Hawaii is local in character and for very short
rmo references rreferences to Alaska and Hawaii. distances, and from the fact that the fore-.
going carriers do not have through routes
Subsection (g) removes ves superfluous a Teref-
erences to Alaska and Hawaii in a definition MERCHANT MARINE ACT, 1936 or joint rates with carriers operating in other
of the term "State" (42 U.S.C., sec. 1361(a) ). Section 38 amends three sections of the States. Motor carriers and freight forward-
SMALL RECLAMATION PROJECTS Merchant Marine Act, 1936, in order to in- ers were exempt from ICC regulation when
Section 33 would extend to Hawaii the pro- elude shipyards in Hawaii and Alaska among Hawaii was a Territory, and the pecularities
visions of the Small Reclamation Projects shipyards in which construction and repair of Hawaii's geographical situation indicate
Act of 1956 (43 U.S.C., sec. 422a at seq.). The work can be carried on for vessels covered by that the exemption should be perpetuated,
act now authorizes the Bureau of Reclarna- construction and operating subsidies award- notwithstanding statehood. Although the
tion to make loans and grants for the con- ed under that act. The sections to be amend- ICC had jurisdiction over railroads within
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CONGRESSIONAL RECORD - SENATE February 17#
the Territory of Hawaii, it in fact exercised
virtually no authority over them, and the
ICC considers that it need not have any
jurisdiction under part I of the Interstate,
Commerce Act over railroads operating In the
State of Hawaii. Subsection (0), which re-
lates to water transportation, would also
effect no change in the law. It would ex-
pressly deprive the ICC of jurisdiction over
water transportation between ports of Ha-
waii and ports of other States, but in so
doing it would in effect merely confirm that
such jurisdiction is in the Federal Maritime
Board pursuant to section 18 of. the Hawaii
Statehood Act.
AIRCRAFT LOAN GUARANTEES
Section 41 would provide a perfecting
amendment to the 1957 statute (set out as a
note following 49 U.S.C., sec. 1324), which
authorizes loans for the purchase of aircraft
and equipment. The amendment removes a
reference to the "Territory" of Hawaii.
BrA1, PROPERTY TRANSACTIONS
Section 42 amends the statute which re-
quires the Director of the Office of Civil and
Defense Mobilization to come into agreement
with the Armed Services Committees of the
Congress with respect to certain real prop-
erty transactions. The amendment would in
effect remove a superfluous reference to
Hawaii. The section to be amended is codi-
fied at 50 U.S.C., section 2285(c).
SELECTIVE SERVICE
Section 43 would remove an unnecessary
reference to Hawaii in the section of the
Universal Military Training and Service Act
which defines the term "United States" (50
U.S.C., app., sec. 466(b) ). The amendment
is perfecting only.
Section 44 would Implement section 5(e)
of the Hawaiian Statehood Act, which re-
quires each Federal agency to report within
5 years following Hawaii's admission to the
Union on certain Federal land or property
In Hawaii over which it has, control. The
report'must state "the facts regarding [the
agency's] * * * continued need for such'
land or p]operty," and if the President de-
cides that it is no longer needed by the
United States, it must be conveyed to the
State. The amendment carried in section
43 would require the President to prescribe
uniform procedures governing the agency
reports. Unless such procedures are pre-
scribed, agency reports can be expected to
differ materially in nature and extent, and
they may lack sufficient coordination with
other agencies.
I44WAIIAN HOMES COMMISSION LANDS
Section 45 would correct a possible defect
in the conveyance of lands to Hawaii under
the Statehood Act. Section 5(b) conveys to
the new State, with exceptions not now
pertinent, all public lands ceded and trans-
ferred by the Republic of Hawaii to the
United , States at the time of annexation.
+The`defuition of the lands conveyed by that
section; however, contained in.section 5(g),
differs from the definition of the lands which
could, as a matter of law, comprise lands
made availably to the Hawaiian Homes Com-
mission (see 48 U.S.C., secs. 692(a) (2), 663
(3), 697). The "available lands" for Ha-
waiian Homes Commission purposes may
not, in fact, include lands that were not
ceded land, but in order to establish with
certainty that all "available lands" have
been transferred to Hawaii, the further
phrase, proposed to be added by section 44 is
necessary.
LEASE BY UNITED STATES OF PUBLIC PROPERTY
Section 46 relates to section 91 of the
Hawaiian Organic Act, (48 U.S.C., sec. 511),
under which the public property of the Re-
public of Hawaii, which had-been ceded to
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was placed in the possession, use, and con-
trol of the territory until taken for the uses
and purposes of the United States. If so
taken, but if not used for public purposes,
the section further provided that any rent
or consideration received by the United
States from such public property, if leased,
rented, or granted upon revocable permit to
private parties, would be covered into the
treasury of the territory. Section 46 would
provide that during the 5-year period imme-
cilately following Hawaii's admission, any
such rentals or other consideration would
continue to be paid to the treasury of Ha-
waii. The 5-year term was selected be-
cause by the end of that period, Federal
agencies will have assessed their need for
retaining all such property, and that which
Is no longer required by the United States
will be conveyed to the State.
TRANSFER OF RECORDS
Section 47(a) provides for the transfer to
the State of records, and other papers, non-
current as well as current, accumulated in
connection with functions which have been
assumed by the State. Certain court records,
for example, created -by courts and court
officers established by the organic act, might
have the status of Federal records, yet their
successor State courts and officers can be
expected to have a colp`tinuing need for such
records. There would also be transferred
records and other papers in the custody of
the Public Archives of Hawaii.
Subsection (b) relates to books and other
materials, principally legal reference ma-
terials, which have been made available to
territorial courts and agencies to enable
them better to perform functions conferred
upon them by the Hawaiian Organic Act and
related statutes.
USE OF GSA SERVICES OR FACILITIES
Section 48 would permit the State of
Hawaii to use services or facilities of the
General Services Administration, upon pay-
ment of compensation therefor, for an in-
terim period ending August 21, 1964. Under
this provision the State of Hawaii could
make purchases through the General Serv-
ices Administration, as the territory was
enabled to do under a provision contained in
annual Interior Department appropriation
acts. It could also utilize space in certain
Federal properties in Hawaii under the con-
trol of the General Services Administration.
PURCHASES OF TYPEWRrIERS
Section 49 amends a paragraph of the cur-
rent Independent Offices Appropriation Act
(Public Law 88-255) which prohibits the use
of funds "Within the continental limits of
the United States" for the purchase of type-
writers unless the purchase conforms to
regulations Issued under the Federal Prop-
erty and Administrative Services Act. The
amendment would have the effect of placing
Hawaii (and Alaska) within the continental
limits of the United States for this purpose.
The language to be amended is contained in
the paragraph headed "General Provisions"
under the portion of title I which is devoted
to the General Services Administration (73
Stat. 500, 507).
FEDERAL MARITIME BOARD
Section 50 corrects a typographical error
In section 18(a) of the Hawaii Statehood
Act which, as enacted, provides that nothing
contained in the act shall be construed "is
conferring" certain jurisdiction on the
Interstate Commerce Commission.
EFFECTIVE DATES
The provisions of section 51 of the bill,
which contains the effective dates for cer-
tain of the amendments included in the
earlier sections, have been discussed for the
most part in the above discussion of the
amendments.
ADMINISTRATION OF PALMYRA, MIDWAY, AND
WAKE
Section 52 confers upon such officers and
agencies as the President designates all ex-
ecutive and legislative authority necessary
for discharging the responsibilities of civil
government on Palmyra, Midway, and Wake.
The first sentence of the section is similar
to the authority already conferred by the
Congress In the case of American Samoa (48
U.S.C., sec. 1431a (c)) and the Trust Terri-
tory of the Pacific Islands (68 Stat. 330).
The section confers more limited judicial
authority, however, inasmuch as the act of
June 15, 1950 (48 U.S.C., sec. 644a), as
amended by the Hawaiian Statehood Act,
already confers certain jurisdiction over civil
and criminal cases arising on such islands to
the Federal district court In Hawaii. Under
the terms of existing law, Federal admiralty
law applies to such cases. Under the pro-
visions of the proposed section 52, judicial
authority, other than that contained in the
1950 act, Ie, also conferred. Under the au-
thority contained in the section, those
charged with the administration of the is-
lands in question could create local courts
and could vest in them , jurisdiction over
matters not covered by the 1950 statute,
such as automobile traffic offenses.
The secor..d sentence of the section author-
izes the person designated by the President
to administer Palmyra to place additional
jurisdiction functions, and duties in the
District Court of Hawaii. Prior to state-
hood, Palmyra was a part of the Territory
of Hawaii, and Hawaiian laws thus applied
to it. These included the Territory's land
registration laws, a matter of significance in
the case of Palmyra in light of the litigation
which has arisen on this subject (see United
States v. Fullard-Leo, 331 U.S. 258 (1947) ).
It is therefore likely that the agency charged
with Palmyra's administration, now the In-
terior Department, will wish to arrange for
a land registration system for the island,
and use of the District Court of Hawaii for
this purpose would -seem appropriate.
Given the virtually uninhabitated nature of
Palmyra, it would be unwise for the admin-
istrator to c: eate a local court solely for the
purpose of providing a land registration sys-
tem. The authority contained in the last
sentence is not restricted to land registra-
tion, for it may develop that the services of
the district court will be required in other
matters as well, but it currently appears that
land registration may be the only subject
Involved.
. OTHER SUBJECTS
Section 53 is designed to avoid any infer-
ence, from the inclusion of amendments to
certain statutes and the omission Of amend-
ments to others, that it is intended to affect
the applicability in or to Hawaii of statutes
not so amended.
SEPARABILITY
Section 54 provides a separability clause.
EXECUTIVE OFFICE OF THE
PRESIDENT,
BUREAU OF THE BUDGET,
Washington, D.C., February 12, 1960.
Hon. RICHARD M. NIXON,
President of the Senate,
Washington, D.C.
MY DEAR MR. PRESIDENT: There is for-
warded herewith a draft of legislation "to
amend certain laws of the United States In
light of the admission. of the State of Hawaii
into the Union, and for other purposes."
This proposal is designed to make those
changes in Federal laws which have become
necessary and desirable because of Hawaii's
admission into the Union "on an equal
footing with the other States in all respects
whatever." The President noted in his 1961
budget message to the Congress that "as
in the case of Alaska, comprehensive legis-
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1960
lation will be necessary to enable Hawaii to
take its place as the equal of the other 49
States. Recommendations will be trans-
mitted to the Congress concerning those
changes needed in Federal laws in order to
bring Hawaii under the same general laws,
rules, and policies as are applicable to the
other States."
The proposed legislation 9fould (1) make
Hawaii eligible to participate in a number
of Federal programs on a comparable basis
with the other States; (2) authorize meas-
ures to facilitate ark orderly transition; (3)
determine the applicability or inapplica-
bility of certain Federal laws to Hawaii;
(4) delete inappropriate references to the
"Territory of Hawaii" in Federal statutes
and make other necessary technical and per-
fecting amendments; and (5) provide for
the civil government of Palmyra, Midway,
and Wake Islands.
Hawaii already participates in the ma-
jority of Federal grants-in-aid programs on
the same basis as other States. There are a
number of Federal grant-fn-aid programs,
however, under which Hawaii is still ac-
corded, as it was when a territory, treatment
different from that of other States. In ac-
cordance with the principle that Hawaii, as
a full and equal member of the Union,
should not receive more or less favorable
treatment than other. States, tike proposed
e legislation would amend pertinent laws
providing Federal assistance for national
defense education, vocational education,
school construction, and operation in feder-
ally affected areas, construction of inter-
state and defense highways, vocational re-
habilitation, water pollution control, hos-
pital, and medical facilities construction,
old-age assistance, aid to dependent chil-
dren, aid to the blind, aid to the perma-
nently and totally disabled, and child wel-
fare services to bring Hawaii under the ap-
portionment and matching formulas or
other provisions applicable to the 49 States
as soon as possible.
Under the provisions of the legislative pro-
posal both Hawaii and Alaska would be ac-
corded the treatment received by other States
under the conservation reserve program. At
present the program applies to these States
only if the Secretary of Agriculture deter-
mines that the national interest requires it.
Hawaii also would be brought under the
Small Reclamation Projects Act of 1956
which now authorizes Federal assistance for
the development of small irrigation projects
in the 17 Western States. The Soil Conser-
vation and Domestic Allotment Act would
be amended to provide for the election of
members of county committees as in the
other States. Members of such committees
in Hawaii are at present appointed by the
Secretary of Agriculture.
Several sections of the draft bill are con-
cerned primarily with transitional problems.
To assist the State in achieving an orderly
transition, the General Services Administra-
tion would be authorized to provide space
in Federal buildings and other services to
the State of Hawaii during an interim pp-
riod. The bill also would provide for trans-
fer to the State of official records and papers.
For a 5-year transitional period the State
would be accorded the same rights as for-
merly possessed by the Territorial Govern-
ment with respect to income derived by the
Federal Government from the lease or rental
of public properties of the Republic of Hawaii
which were ceded to the United States, at
the time of annexation. Section 5(e) of the
Hawaii Statehood Act requires each Federal
agency to report within 5 years following
Hawaji's admission into the Union on its
need for certain Federal lands or properties
in Hawaii over which. it has control. The
proposed legislation would require the Presi-
dent-to prescribe procedures to assure that
the reports on Federal land needs in Hawaii
CONGRESSIONAL RECORD - SENATE
are prepared in accordance with uniform
policies and properly coordinated.
The proposed legislation would extend the
applicability of certain Federal laws to
Hawaii. These include a portion of the In-
vestment Company Act of 1940, not hitherto
applicable to certain Hawaiian companies;
the Federal Youth Corrections Act; certain
provisions relating to parole; the act of Feb-
ruary 15, 1927, relating to the importation
of milk and cream; a statute relating to the
transportatiQn of bodies of veterans who
have died in Veterans' Administration facili-
ties; section 29-of the Federal Register Act
relating, to notice of hearings; and sections
of the Merchant Marine Act of 1936 which
designate shipyards authorized to construct
and repair vessels receiving Federal subsidies.
Those parts of the Interstate Commerce Act
dealing with regulation of railroad and pipe-
line carriers, motor carriers, water carriers,
and freight forwarders and related laws
would be made inapplicable to Hawaii. Due
to the peculiarities of Hawaii's geographical
position and the character of its transporta-
tion services, the Interstate Commerce Com-
mission has recommended that Hawaii be
exempt from its jurisdiction. Jurisdiction
over water transportation between ports of
Hawaii and ports, of other States is vested
by the Hawaii Statehood Act in the Federal
Maritime Board and would be unaffected.
Hawaii also would retain its partial exemp-
tion from the tax on transportation.
The draft bill would amend the definition
of the term "continental United States" in
section 222 of the Federal Communications
'Act of 1934 so as to preserve Hawaii's exclu-
sion from, that definition. Section 222,
which deals with consolidations and mergers.
of telegraph carriers, excluded Hawaii from
"domestic telegraph operations" for purposes
of the section. The amendment would pre-
serve present arrangements under which tele-
graph messages between the mainland and
Hawaii are classified as "international tele-
graph operations" pending the outcome of
proceedings which have beers instituted by
the Federal Communications Commission to
determine whether Hawaii should remain in
the international, rather than the domestic,
category.
Section 5(b) of the Hawaii Statehood Act
would be amended to correct a possible de-
fect in the conveyance of lands to Hawaii.
Section 5(b) conveys to the new State, with
certain exceptions; all public lands ceded and
transferred by the Republic of Hawaii to the
United States at the time of annexation. It,
is not entirely certain, however, whether the
definition of lands conveyed by section 5(b)
includes all the lands defined as "available
lands" for Hawaiian Homes Commission pur-
poses. The proposed amendment would
establish with certainty that all "available
lands" have been transferred to Hawaii.
Many of the provisions of the draft bill are
essentially technical and perfecting in nature
and either eliminate inappropriate references
to Hawaii or make other language changes
which are considered appropriate because
of Hawaii's changed status.
The Hawaii Statehood-Act provides that
the State boundaries shall include all of the
islands and territorial waters of the Terri-
tory of Hawaii, except the island of Palmyra.
The Statehood Act makes no provision for
the civil government of Palmyra, other than
including Palmyra within the Hawaii Federal
judicial district and extending the criminal
and civil jurisdiction of the U.S. district
court for the district of Hawaii to the island,
The proposed legislation would confer upon
such persons and agencies as the President
may designate all executive and legislative
authority necessary for discharging the re-
sponsibilities of civil government on Palmyra
Island. The provision would apply also to
Midway and Wake Islands whose status is
comparable to that of Palmyra. The person
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designated by the President to administer
Palmyra would be authorized to place addi-
tional jurisdiction and functions in the dis-
trict court of Hawaii, including a land regis-
tration system for the island.
The Bureau of the Budget urges early and
.favorable consideration of the proposed leg-
islation, since its enactment is required to
provide for the orderly transition of Hawaii
from territorial status to full statehood.
Sincerely yours,
ELMEE B. STAATS,,
Deputy Director.
Mr. LONG of Hawaii. Mr. President,
I am pleased to be associated with the
esteemed senior Senator from Montana
in the introduction of this bill, the
Hawaii Omnibus Act. This bill is a
lengthy, technical measure. It is nec-
essary to implement Hawaii's statehood
under many Federal statutes, which
presently refer to Hawaii as a Territory.
Under this act, Hawaii will be given the
benefits accorded the other States and
will have imposed upon it the same
restraints.
I wish to express my appreciation for
the care with which this proposed legis-
lation has been prepared over the course
of the past 6 months. Its 54 sections
amend scores of Federal statutes, rang-
ing from water storage to fish resto-
ration, from Social Security to the
Securities and Exchange Act. It is of
interest to me that some of the longest
sections deal with education and health
laws.
Most. of the provisions of the Omnibus
Act are technical in the strictest sense
of the word. For example, many merely
delete the phrase "the Territory of" in
referring to Hawaii.
Other provisions, however, make
available to my State an equality of
treatment under Federal programs
which we have long sought. These in-
clude extension to Hawaii of the Small
Reclamation Project Act and the Soil
Bank Act. We are also gratified to be
put on the. same basis as the other 49
States under the formulas for comput-
ing various grants-in-aid.
Particularly gratifying is the inclu-
sion of Hawaii under the Intgrstate and
Defense Highway System. Over the
years, the people of Hawaii have paid
the motor vehicle taxes which finance
this system, without receiving any part
of the benefits. Under this bill we will
be given equal treatment with the other
States.
The one exception to equality of
treatment that this bill does not cure,
Mr. President, is its failure to provide a
grant for the University of Hawaii. In
each of the other 49 States, the Federal
Government granted either land or land
scrip to endow the State university.
These grants ranged upward from
90,000 acres per State. This omission
leaves the University of Hawaii as the
only "land-grant" college in America
without any land.
In other respects, this is a fair and
equitable bill. The people of Hawaii
have cause to be pleased with the bill.
It is a technically sound measure. It
provides a sound basis for the growth
Mr. FONG. Mr. President, the Hawaii
Omnibus Act is a measure designed to
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CONGRESSIONAL RECORD - SENATE February 1
bring full recognition in the Federal laws
to Hawaii's statehood status. A similar
act was passed last year with respect to
Alaska.. This measure is supplemental
to the Hawaii Statehood Act, and I urge
every consideration be given to its early
passage during this session of the Con-
gress.
DESIGNATION OF FEBRUARY AS
AMERICAN HISTORY MONTH
Mr. KEATING. Mr. President, I in-
troduce, for appropriate reference, a
joint resolution to designate February of
each year as American History Month.
I'believe this would be an excellent way
to promote recognition of the great
heritage and history our our Nation.
It is appropriate that February should
be singled out for this honor, because two
great symbols of our national heritage,
George Washington and Abraham Lin-
coln, were born in this month. Their
names, enshrined forever in the history
of freedom, epitomize for all men in all
lands the dedication of America to the
eternal principles of human liberty and
the dignity of the individual.
It is particularly important for Amer-
;icans to have a full knowledge of their
history at a time when everything this
Nation, stands for is subject to scrutiny
and attack in various parts of the world.
It is vital for every American to under-
stand and appreciate his heritage. Our
national past must remain a living thing,
reminding us of the strength and the
"sacrifice. that created our Nation, in-
spiring us to enrich for future genera-
ions the legacy of greatness that has
been handed down to us as a sacred
trust.
'Certainly the qualities of patriotism,
wisdom, perseverance, and faith which
marked our forefathers were never in
greater need as our country faces the
challenge of atheistic communism. We
muWagain ignite the spark which car-
tied our Nation through the trials and
tribulations which have led to its great-
ness.
inerlS~aa History Month is already ob-
served in many of our States and cities,
where Its observance has been spear-
headed by the national society, Daugh-
tets`of the American Revolution. They
have .suggested the joint resolution I am
introducing today. I am hopeful na-
underscore for all Americans what has
matte this Nation tick and what we must
do' to preserve and embellish our cher-
ished freedoms.
# Cr. President, the more fully we un-
derstand and appreciate our history and
heritage, the more fully we will be able
to prove worthy of it. That is the phi-
losophy behind this joint resolution. It
is a philosophy which I would hope all
Airiericans will embrace in the days
ahead.,
Our debt to our past is great. Our
obligation to the future is greater.
Ame ican History Month, proclaimed by
the'President and observed throughout
the and, will emphasize those truths.
I hope this proposal will gain the prompt
and favorable consideration it deserves.
Mr. President, I ask unanimous con-
sent to have the joint resolution printed
in the RECORD.
The ACTING PRESIDENT pro tem.-
pore. The joint resolution will be re-
ceived and appropriately referred; and,
without objection, the joint resolution
will be printed in the RECORD.
The joint resolution (S.J.? Res. 164)
designating February of each year as
American History Month, introduced by
Mr. KEATING, was received, read twice by
its title, referred to the Committee on
the Judiciary, and ordered to be printed
In the RECORD, as follows:
Whereas all Americans must honor their
debt to the past and their obligation to the
future; and
Whereas. our freedoms are the result of
the sacrifice, wisdom, perseverance and
faith of our forefathers; and
Whereas the more fully we understand
and. appreciate our history and heritage the
more we will be able to prove worthy of it;
and
Whereas the need was never more acute
for encouraging study and recognition of
the greatness that is America: Therefore be
it
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That February of
each year. Is hereby designated as American
History Month, and the President of the
United States is requested and authorized
to issue annually a proclamation inviting
the people of the United States to observe
such month in schools, churches, and other
suitable places with appropriate ceremonies
and activities.
PERMANENCY OF PROVISIONS OF
THE SUGAR ACT OF 1948-AMEND-
MENTS
Mr. CURTIS submitted amendments,
intended to be proposed by him, to the
bill (S. 187) to make permanent the pro-
visions of the Sugar Act of 1948, which
were referred to the Committee on Fi-
nance and ordered to be printed.
Selden Chapin, of the District of Colum-
bia, to be Ambassador to Peru.
In accordance with the committee
rule, the pending nomination may not
be considered prior to the expiration of
6 days.
ADDRESSES, EDITORIALS, ARTI-
CLES, ETC., PRINTED IN THE
APPENDIX
On request, and by unanimous con-
sent, addresses, editorials, articles, etc.,
were ordered to be printed in the Ap-
pendix, as follows:
By Mr. MANSFIELD:
Address delivered by Congressman LEE
METCALF before the American Association of
School Administrators at its annual con-
vention in Atlantic City,` N.J., on February
15, 1960.
By Mr. KEATING:
Statement dated January 12, 1960, signed
by Mr. Goodhue Livingston, Jr., chairman,
policy committee, Committee for Collective'
Security, concerning certain basic foreign
policy decisions.
By Mr. BENNETT:
Editorial entitled "We Can Stop Inflation
if We Have the Courage To Try," published
in the Saturday Evening Post of February
20, 1960.
Article entitled "The Discipline of Gold,"
published in the Morgan Guaranty Survey
of February 1960.
Letter to him, dated February 12, 1960,
from Utah Wildlife Federation opposing
creation at this time of national park in
area now known as Dinosaur National
Monument.
By Air. WILEY:
Editorial entitled "Defense: A Need for
Perspective," published in the Christian
Science Monitor of February 15, 1960.
Article entitled "Overall Land Use Policy
Is Ahlgren'a Plan," published in the Pure
Milk Products Press of February 1960.
By Mr. JAVTTS:
Editorial entitled "Procrastination on
World Court." from the Christian Science
Monitor, and article written by Richard L.
Strout and published in the Christian Sci-
ence Monitor, relating to foreign aid.
Editorial entitled "Introducing IDA," from
the Christian Science Monitor, dealing with
the use of counterpart currencies by the In-
ternationa'! Development Association
.
CIVIL RIGHTS-EXTENSION OF THE By Mr. CASE of New Jersey:
DESK
Mr. JAVITS. Mr. President, yester-
day I introduced Senate bills 3045 and
3046, the omnibuscivil rights bills, and
requested that they lie on the table un-
til the close of business today. I now
Ask unanimous consent that the bills be
permitted to lie on the table until the
close of business on Tuesday, February
23, 1960.
The ACTING PRESIDENT pro tem-
:oore. Without objection, it is so ordered.
NOTICE OF HEARING BY THE COM-
MITTEE ON FOREIGN RELATIONS
ON NOMINATION OF SELDEN
CHAPIN TO BE AMBASSADOR TO
PERU
Mr. FULBRIGHT. Mr. President, on
behalf of the Committee on Foreign Re-
lations, I desire to announce that the
Senate today received the nomination of
Editorial written by Mr. James Karabatos,
published in the National Herald.
Excerpt 'rom an editorial entitled "Press-
Letters Week," published in the National
Herald of January 31, 1960.
Excerpts from an editorial written by Mr.
Dimon A. Doukas, published in Ahepa mag-
azine; and article entitled "The Splendid
American In Israel," written by Mr. Philip
Gillon, pulbished in the Hadassah Newsletter
of January 1960.
The PRESIDING OFFICER (Mr.
JOHNSTON of South Carolina in the
chair). is there any morning business?
If not, morning business is closed.
Mr. JOHNSON of Texas. Mr. Presi-
dent, I suggest the absence of a quo-
rum-
Mr. RUSSELL. Mr. President, I
should like to make a brief statement.
The PRESIDING OFFICER. Will the
Senator from Texas withhold his re-
quest?
Mr. JOHNSON of Texas. I withhold
it.
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