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An Act to Provide for the
Admission of the
State of Hawaii into the Union
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That, subject to the provisions of this Act, and
upon issuance of the proclamation required by section 7(c) of this Act, the
State of Hawaii is hereby declared to be a State of the United States of
America, is declared admitted into the Union on an equal footing with the other
States in all respects whatever, and the constitution formed pursuant to the
provisions of the Act of the Territorial Legislature of Hawaii entitled
"An Act to provide for a constitutional convention, the adoption of a
State constitution, and the forwarding of the same to the Congress of the United
States, and appropriating money therefor", approved May 20, 1949 (Act 334,
Session Laws of Hawaii, 1949), and adopted by a vote of the people of Hawaii in
the election held on November 7, 1950, is hereby found to be republican in form
and in conformity with the Constitution of the United States and the principles
of the Declaration of Independence, and is hereby accepted, ratified, and
confirmed.
§ 2.
The State of Hawaii shall consist of all the islands,
together with their appurtenant reefs and territorial waters, included in the
Territory of Hawaii on the date of enactment of this Act, except the atoll
known as Palmyra Island, together with its appurtenant reefs and territorial
waters, but said State shall not be deemed to include the Midway Islands, Johnston
Island, Sand Island (off-shore from Johnston Island), or Kingman Reef, together
with their appurtenant reefs and territorial waters.
§ 3.
The constitution of the State of Hawaii shall always be
republican in form and shall not be repugnant to the Constitution of the United
States and the principles of the Declaration of Independence.
§ 4.
As a compact with the United States relating to the
management and disposition of the Hawaiian home lands, the Hawaiian Homes
Commission Act, 1920, as amended, shall be adopted as a provision of the
Constitution of said State, as provided in section 7, subsection (b) of this
Act, subject to amendment or repeal only with the consent of the United States,
and in no other manner: Provided, That (1) sections 202, 213, 219, 220, 222,
224, and 225 and other provisions relating to administration, and paragraph (2)
of section 204, sections 206 and 212, and other provisions relating to the
powers and duties of officers other than those charged with the administration of
said Act, may be amended in the constitution, or in the manner required for
State legislation, but the Hawaiian home-loan fund, the Hawaiian home-operating
fund, and the Hawaiian home-development fund shall not be reduced or impaired
by any such amendment, whether made in the constitution or in the manner
required for State legislation, and the encumbrances authorized to be placed on
Hawaiian home lands by officers other than those charged with the
administration of said Act, shall not be increased, except with the consent of
the United States; (2) that any amendment to increase the benefits to lessees
of Hawaiian home lands may be made in the constitution, or in the manner
required for State legislation, but the qualifications of lessees shall not be
changed except with the consent of the United States; and (3) that all proceeds
and income from the "available lands", as defined by said Act, shall
be used only in carrying out the provisions of said Act.
§ 5.
(a) Except as
provided in subsection (c) of this section, the State of Hawaii and its
political subdivisions, as the case may be, shall succeed to the title of the
Territory of Hawaii and its subdivisions in those lands and other properties in
which the Territory and its subdivisions now hold title.
(b) Except as
provided in subsections (c) and (d) of this section, the United States grants
to the State of Hawaii, effective upon its admission into the Union, the United
States' title to all the public lands and other public property, and to all
lands defined as "available lands" by section 203 of the Hawaiian
Homes Commission Act, 1920, as amended, within the boundaries of the State of
Hawaii, title to which is held by the United States immediately prior to its
admission into the Union. The grant hereby made shall be in lieu of any and all
grants provided for new States by provisions of law other than this Act, and
such grants shall not extend to the State of Hawaii.
(c) Any lands
and other properties that, on the date Hawaii is admitted into the Union, are
set aside pursuant to law for the use of the United States under any (1) Act of
Congress, (2) Executive order, (3) proclamation of the President, or (4)
proclamation of the Governor of Hawaii shall remain the property of the United
States subject only to the limitations, if any, imposed under (1), (2), (3), or
(4), as the case may be.
(d) Any public
lands or other public property that is conveyed to the State of Hawaii by
subsection (b) of this section but that, immediately prior to the admission of
said State into the Union, is controlled by the United States pursuant to
permit, license, or permission, written or verbal, from the Territory of Hawaii
or any department thereof may, at any time during the five years following the
admission of Hawaii into the Union, be set aside by Act of Congress or by
Executive order of the President, made pursuant to law, for the use of the
United States, and the lands or property so set aside shall, subject only to
valid rights then existing, be the property of the United States. [Am July 12,
1960, Pub L 86-624, 74 Stat 422]
(e) Within five
years from the date Hawaii is admitted into the Union, each Federal agency
having control over any land or property that is retained by the United States
pursuant to subsections (c) and (d) of this section shall report to the
President the facts regarding its continued need for such land or property, and
if the President determines that the land or property is no longer needed by
the United States it shall be conveyed to the State of Hawaii.
(f) The lands
granted to the State of Hawaii by subsection (b) of this section and public
lands retained by the United States under subsections (c) and (d) and later
conveyed to the State under subsection (e), together with the proceeds from the
sale or other disposition of any such lands and the income therefrom, shall be
held by said State as a public trust for the support of the public schools and
other public educational institutions, for the betterment of the conditions of
native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as
amended, for the development of farm and home ownership on as widespread a
basis as possible for the making of public improvements, and for the provision
of lands for public use. Such lands, proceeds, and income shall be managed and
disposed of for one or more of the foregoing purposes in such manner as the
constitution and laws of said State may provide, and their use for any other
object shall constitute a breach of trust for which suit may be brought by the
United States. The schools and other educational institutions supported, in
whole or in part out of such public trust shall forever remain under the
exclusive control of said State; and no part of the proceeds or income from the
lands granted under this Act shall be used for the support of any sectarian or
denominational school, college, or university.
(g) As used in
this Act, the term "lands and other properties" includes public lands
and other public property, and the term "public lands and other
publicproperty" means, and is limited to, the lands and properties that
were ceded to the United States by the Republic of Hawaii under the joint
resolution of annexation approved July 7, 1898 (30 Stat. 750), or that have
been acquired in exchange for lands or properties so ceded.
(h) All laws of
the United States reserving to the United States the free use or enjoyment of
property which vests in or is conveyed to the State of Hawaii or its political
subdivisions pursuant to subsection (a), (b), or (e) of
this section or reserving the right to alter, amend, or repeal laws relating
thereto shall cease to be effective upon the admission of the State of Hawaii
into the Union.
(i) The
Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first
session, 67 Stat. 29) and the Outer Continental Shelf Lands Act of 1953 (Public
Law 212, Eighty-third Congress, first session, 67 Stat. 462) shall be
applicable to the State of Hawaii, and the said State shall have the same
rights as do existing States thereunder.
§ 6.
As soon as possible after the enactment of this Act, it
shall be the duty of the President of the United States to certify such fact to
the Governor of the Territory of Hawaii. Thereupon the Governor of the
Territory shall, within thirty days after receipt of the official notification
of such approval, issue his proclamation for the elections, as hereinafter
provided, for officers of all State elective offices provided for by the
constitution of the proposed State of Hawaii, and for two Senators and one
Representative in Congress. In the first election of Senators from said State
the two senatorial offices shall be separately identified and designated, and
no person may be a candidate for both offices. No identification or designation
of either of the two senatorial offices, however, shall refer to or be taken to
refer to the term of that office, nor shall any such identification or
designation in any way impair the privilege of the Senate to determine the
class to which each of the Senators elected shall be assigned.
§ 7.
(a) The
proclamation of the Governor of Hawaii required by section 6 shall provide for
the holding of a primary election and a general election and at such elections
the officers required to be elected as provided in section 6 shall be chosen by
the people. Such elections shall be held, and the qualifications of voters
thereat shall be, as prescribed by the constitution of the proposed State of
Hawaii for the election of members of the proposed State legislature. The
returns thereof shall be made and certified in such manner as the constitution
of the proposed State of Hawaii may prescribe. The Governor of Hawaii shall
certify the results of said elections, as so ascertained, to the President of
the United States.
(b) At an
election designated by proclamation of the Governor of Hawaii, which may be
either the primary or the general election held pursuant to subsection (a) of
this section, or a territorial general election, or a special election, there
shall be submitted to the electors qualified to vote in said election, for
adoption or rejection, the following propositions:
"(1) Shall Hawaii
immediately be admitted into the Union as a State?
"(2) The boundaries of
the State of Hawaii shall be as prescribed in the
Act of Congress approved
_______________________________________
(Date
of approval of this act)
and all claims of this State to any areas of land or sea
outside the boundaries so prescribed are hereby irrevocably relinquished to the
United States.
"(3) All provisions of
the Act of Congress approved _______________________
(Date
of approval of this act)
reserving rights or powers to the United States, as well as
those prescribing the terms or conditions of the grants of lands or other
property therein made to the State of Hawaii are consented to fully by said
State and its people."
In the event the foregoing propositions are adopted at said
election by a majority of the legal votes cast on said submission, the proposed
constitution of the proposed State of Hawaii, ratified by the people at the
election held on November 7, 1950, shall be deemed amended as follows: Section
1 of article XIII of said proposed constitution shall be deemed amended so as
to contain the language of section 2 of this Act in lieu of any other language;
article XI shall be deemed to include the provisions of section 4 of this Act;
and section 8 of article XIV shall be deemed amended so as to contain the
language of the third proposition above stated in lieu of any other language,
and section 10 of article XVI shall be deemed amended by inserting the words
"at which officers for all state elective offices provided for by this
constitution and two Senators and one Representative in Congress shall be
nominated and elected" in lieu of the words "at which officers for
all state elective offices provided for by this constitution shall be nominated
and elected; but the officers so to be elected shall in any event include two
Senators and two Representatives to the Congress, and unless and until
otherwise required by law, said Representatives shall be elected at
large".
In the event the foregoing propositions are not adopted at
said election by a majority of the legal votes cast on said submission, the
provisions of this Act shall cease to be effective.
The Governor of Hawaii is hereby authorized and directed to
take such action as may be necessary or appropriate to insure the submission of
said propositions to the people. The return of the votes cast on said
propositions shall be made by the election officers directly to the Secretary
of Hawaii, who shall certify the results of the submission to the Governor. The
Governor shall certify the results of said submission, as so ascertained, to
the President of the United States.
(c) If the
President shall find that the propositions set forth in the preceding
subsection have been duly adopted by the people of Hawaii, the President, upon
certification of the returns of the election of the officers required to be
elected as provided in section 6 of this Act, shall thereupon issue his
proclamation announcing the results of said election as so ascertained.
Upon the issuance of said proclamation by the President, the
State of Hawaii shall be deemed admitted into the Union as provided in section
1 of this Act. Until the said State is so admitted into the Union, the persons
holding legislative, executive, and judicial office in, under, or by authority
of the government of said Territory, and the Delegate in Congress thereof,
shall continue to discharge the duties of their respective offices. Upon the
issuance of said proclamation by the President of the United States and the
admission of the State of Hawaii into the Union, the officers elected at said
election, and qualified under the provisions of the constitution and laws of
said State, shall proceed to exercise all the functions pertaining to their
offices in, under, or by authority of the government of said State, and
officers not required to be elected at said initial election shall be selected
or continued in office as provided by the constitution and laws of said State.
The Governor of said State shall certify the election of the Senators and
Representatives in the manner required by law, and the said Senators and
Representatives shall be entitled to be admitted to seats in Congress and to
all the rights and privileges of Senators and Representatives of other States
in the Congress of the United States.
§ 8.
The State of Hawaii upon its admission into the Union shall
be entitled to one Representative until the taking effect of the next
reapportionment, and such Representative shall be in addition to the membership
of the House of Representatives as now prescribed by law: Provided, That such
temporary increase in the membership shall not operate to either increase or
decrease the permanent membership of the House of Representatives as prescribed
in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase
affect the basis of apportionment established by the Act of November 15, 1941
(55 Stat. 761; 2 U.S.C., § 2a), for the Eighty-third Congress and each Congress
thereafter.
§ 9.
Effective upon the admission of the State of Hawaii into the
Union -
(a) the United
States District Court for the District of Hawaii established by and existing
under title 28 of the United States Code shall henceforth be a court of the
United States with judicial power derived from article III, section 1, of the
Constitution of the United States; Provided, however, That the terms of office
of the district judges for the District of Hawaii then in office shall terminate
upon the effective date of this section and the President, pursuant to sections
133 and 134 of title 28, United States Code, as amended by this Act, shall
appoint, by and with the advice and consent of the Senate, two district judges
for the said district who shall hold office during good behavior;
(b) the last
paragraph of section 133 of title 28, United States Code, is repealed; and
(c) subsection
(a) of section 134 of title 28, United States Code, is amended by striking out
the words "Hawaii and". The second sentence of the same section is
amended by striking out the words "Hawaii and", "six and",
and "respectively".
§ 10.
Statute text Effective upon the admission of the State of
Hawaii into the Union the second paragraph of section 451 of title 28, United
States Code, is amended by striking out the words "including the district
courts of the United States for the districts of Hawaii and Puerto Rico,"
and inserting in lieu thereof the words "including the United States District
for the District of Puerto Rico,".
§ 11.
Statute text Effective upon the admission of the State of
Hawaii into the Union -
(a) the last paragraph of
section 501 of title 28, United States Code, is repealed;
(b) the first sentence of
subsection (a) of section 504 of title 28, United States Code, is amended by
striking out at the end thereof the words ", except in the District of
Hawaii, where the term shall be six years";
(c) the first sentence of
subsection (c) of section 541 of title 28, United States Code, is amended by
striking out at the end thereof the words ", except in the District of
Hawaii where the term shall be six years"; and
(d) subsection (d) of section
541 of title 28, United States Code is repealed.
§ 12.
No writ, action, indictment, cause, or proceeding pending in
any court of the Territory of Hawaii or in the United States District Court for
the District of Hawaii shall abate by reason of the admission of said State
into the Union, but the same shall be transferred to and proceeded with in such
appropriate State courts as shall be established under the constitution of said
State, or shall continue in the United States District Court for the District
of Hawaii, as the nature of the case may require. And no writ, action,
indictment, cause or proceeding shall abate by reason of any change in the
courts, but shall be proceeded with in the State or United States courts
according to the laws thereof, respectively. And the appropriate State courts
shall be the successors of the courts of the Territory as to all cases arising
within the limits embraced within the jurisdiction of such courts,
respectively, with full power to proceed with the same, and award mesne or
final process therein, and all the files, records, indictments, and proceedings
relating to any such writ, action, indictment, cause or proceeding shall be
transferred to such appropriate State courts and the same shall be proceeded
with therein in due course of law.
All civil causes of action and all criminal offenses which
shall have arisen or been committed prior to the admission of said State, but
as to which no writ, action, indictment or proceeding shall be pending at the
date of such admission, shall be subject to prosecution in the appropriate
State courts or in the United States District Court for the District of Hawaii
in like manner, to the same extent, and with like right of appellate review, as
if said State had been created and said State courts had been established prior
to the accrual of such causes of action or the commission of such offenses. The
admission of said State shall effect no change in the substantive or criminal
law governing such causes of action and criminal offenses which shall have
arisen or been committed; and such of said criminal offenses as shall have been
committed against the laws of the Territory shall be tried and punished by the
appropriate courts of said State, and such as shall have been committed against
the laws of the United States shall be tried and punished in the United States
District Court for the District of Hawaii.
§ 13.
Statute text Parties shall have the same rights of appeal
from and appellate review of final decisions of the United States District
Court for the District of Hawaii or the Supreme Court of the Territory of
Hawaii in any case finally decided prior to admission of said State into the
Union, whether or not an appeal therefrom shall have been perfected prior to
such admission, and the United States Court of Appeals for the Ninth Circuit
and the Supreme Court of the United States shall have the same jurisdiction
therein, as by law provided prior to admission of said State into the Union,
and any mandate issued subsequent to the admission of said State shall be to
the United States District Court for the District of Hawaii or a court of the
State, as may be appropriate. Parties shall have the same rights of appeal from
and appellate review of all orders, judgments, and decrees of the United States
District Court for the District of Hawaii and of the Supreme Court of the State
of Hawaii as successor to the Supreme Court of the Territory of Hawaii, in any
case pending at the time of admission of said State into the Union, and the
United States Court of Appeals for the Ninth Circuit and the Supreme Court of the
United States shall have the same jurisdiction therein, as by law provided in
any case arising subsequent to the admission of said State into the Union.
§ 14.
Effective upon the admission of the State of Hawaii into the
Union -
(a) title 28, United States
Code, section 1252, is amended by striking out "Hawaii and" from the
clause relating to courts of record;
(b) title 28, United States
Code, section 1293, is amended by striking out the words "First and Ninth
Circuits" and by inserting in lieu thereof "First Circuit", and
by striking out the words, "supreme courts of Puerto Rico and Hawaii,
respectively" and inserting in lieu thereof, "supreme court of Puerto
Rico";
(c) title 28, United States
Code, section 1294, as amended, is further amended by striking out paragraph
(4) thereof and by renumbering paragraphs (5) and (6) accordingly;
(d) the first paragraph of section
373 of title 28, United States Code, as amended, is further amended by striking
out the words "United States District Courts for the districts of Hawaii
or Puerto Rico," and inserting in lieu thereof the words "United
States District Court for the District of Puerto Rico,"; and by striking
out the words "and any justice of the Supreme Court of the Territory of Hawaii":
Provided, That the amendments made by this subsection shall not affect the
rights of any judge or justice who may have retired before the effective date
of this subsection: And provided further, That service as a judge of the
District Court for the Territory of Hawaii or as a judge of the United States
District Court for the District of Hawaii or as a justice of the Supreme Court
of the Territory of Hawaii or as a judge of the circuit courts of the Territory
of Hawaii shall be included in computing under section 371, 372, or 373 of
title 28, United States Code, the aggregate years of judicial service of any
person who is in office as a district judge for the District of Hawaii on the
date of enactment of this Act;
(e) section 92 of the Act of April
30, 1900 (ch. 339, 31 Stat. 159), as amended, and the Act of May 29, 1928 (ch.
904, 45 Stat. 997), as amended, are repealed;
(f ) section 86 of the Act
approved April 30, 1900 (ch. 339, 31 Stat. 158), as amended, is repealed;
(g) section 3771 of title 18,
United States Code, as heretofore amended, is further amended by striking out
from the first paragraph of such section the words "Supreme Courts of
Hawaii and Puerto Rico" and inserting in lieu thereof the words
"Supreme Court of Puerto Rico";
(h) section 3772 of title 18,
United States Code, as heretofore amended, is further amended by striking out
from the first paragraph of such section the words "Supreme Courts of
Hawaii and Puerto Rico" and inserting in lieu thereof the words
"Supreme Court of Puerto Rico";
(i) section 91 of title 28,
United States Code, as heretofore amended, is further amended by inserting
after "Kure Island" and before "Baker Island" the words
"Palmyra Island,"; and
( j) the Act of June 15, 1950
(64 Stat. 217; 48 U.S.C., § 644a), is amended by inserting after "Kure
Island" and before "Baker Island" the words "Palmyra
Island,".
§ 15.
All Territorial laws in force in the Territory of Hawaii at
the time of its admission into the Union shall continue in force in the State
of Hawaii, except as modified or changed by this Act or by the constitution of
the State, and shall be subject to repeal or amendment by the Legislature of
the State of Hawaii, except as provided in section 4 of this Act with respect
to the Hawaiian Homes Commission Act, 1920, as amended; and the laws of the
United States shall have the same force and effect within the said State as
elsewhere within the United States: Provided, That, except as herein otherwise
provided, a Territorial law enacted by the Congress shall be terminated two
years after the date of admission of the State of Hawaii into the Union or upon
the effective date of any law enacted by the State of Hawaii which amends or
repeals it, whichever may occur first. As used in this section, the term
"Territorial laws" includes (in addition to laws enacted by the
Territorial Legislature of Hawaii) all laws or parts thereof enacted by the
Congress the validity of which is dependent solely upon the authority of the
Congress to provide for the government of Hawaii prior to its admission into
the Union, and the term "laws of the United States" includes all laws
or parts thereof enacted by the Congress that (1) apply to or within Hawaii at
the time of its admission into the Union, (2) are not "Territorial
laws" as defined in this paragraph, (3) are not in conflict with any other
provision of this Act.
§ 16.
(a)
Notwithstanding the admission of the State of Hawaii into the Union, the United
States shall continue to have sole and exclusive jurisdiction over the area
which may then or thereafter be included in Hawaii National Park, saving,
however, to the State of Hawaii the same rights as are reserved to the
Territory of Hawaii by section 1 of the Act of April 19, 1930 (46 Stat. 227),
and saving, further, to persons then or thereafter residing within such area
the right to vote at all elections held within the political subdivisions where
they respectively reside. Upon the admission of said State all references to
the Territory of Hawaii in said Act or in other laws relating to Hawaii
National Park shall be deemed to refer to the State of Hawaii. Nothing
contained in this Act shall be construed to affect the ownership and control by
the United States of any lands or other property within Hawaii National Park
which may now belong to, or which may hereafter be acquired by, the United
States.
(b)
Notwithstanding the admission of the State of Hawaii into the Union, authority
is reserved in the United States, subject to the proviso hereinafter set forth,
for the exercise by the Congress of the United States of the power of exclusive
legislation, as provided by article I, section 8, clause 17, of the
Constitution of the United States, in all cases whatsoever over such tracts or
parcels of land as, immediately prior to the admission of said State, are
controlled or owned by the United States and held for Defense or Coast Guard
purposes, whether such lands were acquired by cession and transfer to the
United States by the Republic of Hawaii and set aside by Act of Congress or by
Executive order or proclamation of the President or the Governor of Hawaii for
the use of the United States, or were acquired by the United States by
purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That
the State of Hawaii shall always have the right to serve civil or criminal
process within the said tracts or parcels of land in suits or prosecutions for
or on account of rights acquired, obligations incurred, or crimes committed
within the said State but outside of the said tracts or parcels of land; (ii)
that the reservation of authority in the United States for the exercise by the
Congress of the United States of the power of exclusive legislation over the
lands aforesaid shall not operate to prevent such lands from being a part of
the State of Hawaii, or to prevent the said State from exercising over or upon
such lands, concurrently with the United States, any jurisdiction whatsoever
which it would have in the absence of such reservation of authority and which
is consistent with the laws hereafter enacted by the Congress pursuant to such
reservation of authority; and (iii) that such power of exclusive legislation
shall vest and remain in the United States only so long as the particular tract
or parcel of land involved is controlled or owned by the United States and used
for Defense or Coast Guard purposes: Provided, however, That the United States shall continue to have sole
and exclusive jurisdiction over such military installations as have been
heretofore or hereafter determined to be critical areas as delineated by the
President of the United States and/or the Secretary of Defense.
§ 17.
The next to last sentence of the first paragraph of section
2 of the Federal Reserve Act (38 Stat. 251) as amended by section 19 of the Act
of July 7, 1958, (72 Stat. 339, 350) is amended by inserting after the word
"Alaska" the words "or Hawaii."
§ 18.
(a) Nothing
contained in this Act shall be construed as depriving the Federal Maritime
Board of the exclusive jurisdiction heretofore conferred on it over common
carriers engaged in transportation by water between any port in the State of
Hawaii and other ports in the United States, or possessions, or as conferring
on the Interstate Commerce Commission jurisdiction over transportation by water
between any such ports.
(b) Effective
on the admission of the State of Hawaii into the Union -
(1) The first sentence of
section 506 of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1156),
is amended by inserting before the words "an island possession or island
territory," the words "the State of Hawaii, or";
(2) Section 605(a) of the
Merchant Marine Act, 1936, as amended (46 U.S.C., § 1175), is amended by
inserting before the words "an island possession or island
territory", the words "the State of Hawaii, or"; and
(3) The second paragraph of
section 714 of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1204),
is amended by inserting before the words "an island possession or island
territory" the words "the State of Hawaii, or". [Am July 12,
1960, Pub L 86-324, 74 Stat 423]
§ 19.
Nothing contained in this Act shall operate to confer United
States nationality, nor to terminate nationality heretofore lawfully acquired, or
restore nationality heretofore lost under any law of the United States or under
any treaty to which the United States is or was a party.
§ 20.
(a) Section 101 (a)(36) of the Immigration and Nationality
Act (66 Stat. 170, 8 U.S.C., § 1101 (a)(36)), is amended by deleting the word
"Hawaii,".
(b) Section 212
(d)(7) of the Immigration and Nationality Act (66 Stat. 188, 8 U.S.C., § 1182
(d)(7)), is amended by deleting from the first sentence thereof the word
"Hawaii" and by deleting the proviso to said first sentence.
(c) The first
sentence of section 310(a) of the Immigration and Nationality Act, as amended
(66 Stat. 239, 8 U.S.C., § 1421(a), 72 Stat. 351) is further amended by
deleting the words "for the Territory of Hawaii, and".
(d) Nothing contained
in this Act shall be held to repeal, amend, or modify the provisions of section
305 of the Immigration and Nationality Act (66 Stat. 237, 8 U.S.C., § 1405).
§ 21.
Effective upon the admission of the State of Hawaii into the
Union, section 3, subsection (b), of the Act of September 7, 1957 (71 Stat.
629), is amended by substituting the words "State of Hawaii" for the
words "Territory of Hawaii".
§ 22.
If any provision of this Act, or any section, subsection,
sentence, clause, phrase, or individual word, or the application thereof in any
circumstance is held invalid, the validity of the remainder of the Act and of
the application of any such provision, section, subsection, sentence, clause,
phrase, or individual word in other circumstances shall not be affected
thereby.
§ 23.
All Acts or parts of Acts in conflict with the provisions of
this Act, whether passed by the legislature of said Territory or by Congress
are hereby repealed.
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