NOTICE OF PENDING LEGISLATION
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Publication Date:
August 9, 1955
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NOTICE OF PENDING LEGISLATION
. . . .
DATE
9 August 1955
LEGISLATIVE BILL NO.
S. 2569
SECTION I GENERAL
TO :
ornptroller
FROM: LEGISLATIVE COUNSEL
OFFICE OF GENERAL COUNSEL
THE ATTACHED BILL, WHICH HAS
BEEN INTRODUCED
ONLY.
CONGRESSIONAL
AS TO WHETHER IT
OFFICE IS NECESSARY
EN
COMMTS CONCERNING
TO THIS OFFICE, BY
INTO CONGRESS,
ACTION 1---x-i
IS OF INTEREST
OR DESIRED.
THIS LEGISLATION
IS:
WHETHER
L I SENT TO YOU FOR INFORMATION
I I A BILL ON WHICH FAVORABLE
IS IS NOT PREDICTED.
FX?I SENT FOR YOUR COMMENT
FURTHER ACTION BY THIS
IT IS REQUESTED THAT
APPROPRIATE CHANNELS,
[ I
TO CIA ACTIVITIES. AND
BE FORWARDED, THROUGH
?
SECTION II COMMENTS (From Original
Addressee)
FROM:
Comptroller
TO : LEGISLATIVE COUNSEL
OFFICE OF GENERAL COUNSEL
This bill is of interest
?
and committee reports
STATINTL
SIGNATURE AND TIT
?. A. SAUNDERS,
are requested.
?
DATE OF COMMENTS
29 August 1955
'EXTENSION
Comptroller 1 Lit,y;
FORM NO.
1 FEB 55
488 REPLACES FORM 23.3
WHICH MAY BE USED.
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1955 CONGRESsIONAI, RECORD ? SENATE :.0195
The amendments were agreed to.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
REPEAL OF CONTRACTUAL RE-
QUIREMEN'T WITH RESPECT TO
? THE ARCH HURLEY CONSERVANCY
DISTRICT, NEW MEXICO
The bill (S. 1965) to repeal a particu-
lar contractuail requirement with respect
to the Arch Hwley Conservancy District
in New Mexico was considered, ordered
to be engrossed Iv a third reading, read
the third time, mid passed, as follows:
Be it enacted, etc., That the proviso in the
act entitled "An act to authorize the con-
struction of a Federal reclamation project to
furnish a water supply 'or the lands of the
Arch Hurley Conservanc). District in New
Mexico," approved August &1.937, as amended
(43 U. S. C., sec. 600a), is aihended by strik-
ing out the semicolon and tlae word "and"
at the end of clause (c) and Or striking out
all of clause (d) to the period. ''No provision
with respect to the matters covekd in said
clause (d) which is contained in an contract
entered into prior to the date of mactrnent
of this act shall, except as is otherwise pro-
vided by this act, be enforced by the Vhlted
States. Nothing contained in this seetign
shall affect (1) the retention and application
by the United Sates of any payments which
have been made prior to the date of enact-
ment of this act in accordance with any such
provision of a contract, (2) the obligation
of any party to the United States with re-
spect to any payment which is due to the
United States under any such provision but
not paid upon the date of enactment of this
act, and the application by the United States
of any such payment in accordance with the
terms of such contract, or (3) the enforce-
ment of any such obligation by refusal to
deliver water to lands covered by contractual
provisions executed in accordance with said
clause (d), except in those cases, if' any, in
Which a sale or transfer' consummated be-
tween December 27, 1938, and the date of
enactment a this act is only discovered after
such date of enactment to have been made
contrary to such contractual provisions or
,to said clause (d).
SEC. 2. The Secretary of the Interior is
authorized to amend any contract, which has
been entered into prior to the date of enact-
ment of this act, to conform with the 'pro-
visions of the first section of this act. The
consent of the United States is hereby given
to the recording, at the expenses of the party
benefited thereby, of any such amended con-
tract and to the simultaneous .discharge of
record of the original contract. The consent
of the United States is likewise given to the
discharge of record, at the expense of the
party benefited thereby, of any contract
which the Secretary of the Interior or his
duly authorized agent finds is rendered
nugatory by the enactment of this oct.
?-BILLS PASSED OVER
The bill (H. R. 898) to provide for the
approval of deeds executed by the heirs
a Anna Hollywood Fickz was announced
as next in order.
Mr. PURTELL. Mr. President, re-
serving the right to object, we find that
reports are not available on Calendar
No. 1169, H. R. 898; Calendar No. ;170,
H. R. 910; Calendar No. 1171, H. R. 4718;
and Calendar No. 1172, H. R. 6232. We
therefore ask that the bills be Passed
over,
The PRESIDING OFFICER- Without
objection, it is so ordered.
Calendar No. 1169, I. R. 808, will be
passed over.
The bill (H. R. 910) to authorize and
direct the sale of certain land in Alaska
to John Ekonomos, of the Fairbanks
Precinct, Alaska, was announced as next
in order.
Mr. PURTELL. Over.
The PRESIDING OFFICER. The bill
will be passed over.
The bill (H. R. 4718) to authorize and
direct the issuance of patent to Robert
W. Retherford of Anchorage, Alaska, to
certain land in Alaska was announced
as next in order.
Mr. PURTELL. Over.
The PRESIDING OFFICER. The bill
will be passed over.
The bill H. R. 6232) to include as
Spanish-American War service under
laws administered by the Veterans' Ad-
ministration certain service rendered by
Stephen Swann Ogletree during the
Spanish-American War was announced
as next in order.
Mr. PURTELL. Over.
The PRrSIDING OFFICER. The bill
will be passed over.
The bill (H. R. 6373) to amend the
Domestic Minerals Program Extension
- Act of 1953 to encourage the discovery,
development, and production of certain
dumestic minerals was announced as
next in order.
PURTELL. Over, by request,
Thel3R,ESIDWG, OFFICER, The bill
will be passed over.
REMOVAL OF THE MANUFACTUR-
ERS' EXCISE TAX
The Senate proceeded to consider the
bill (H. R. 7024) to remove the manu-
facturers' excise tax from the sales of
certain component parts for use in other
manufactured articles, and to confine to
entertainment-type equitunent the? tax
on radio and television apPlaratus, which
had been reported from. the\committee
on Finance with amendments;bn page 6,
at the beginning of line 4, to insert "the
first section and section 2 of", and after
line 20, to insert:
SEC. 4. Subsection (e) of section 534 of'the
Internal Revenue Code of 1954 (relating to
burden of proof in certain proceedings re-
lating to imposition of accumulated earnings
tax) is hereby amended to read as follows:
"(e) Application of section:
"(1) Notwithstanding any other provision
of law, this sectiOr shall apply with respect
to taxable years to which this subchapter
applies and (except as provided in paragraph
(2) ) to taxable years to which the corre-
sponding provisions of Prior revenue laws
apply.
"(2) In the case of a notice of deficiency
for a taxable year to which this subchapter
does not apply, this section shall apply only
In the case of proceedings tried oia the merits
after the date of the enactment of this para-
graph."
SEC. 5. Subsection (b) of section 534 of
such code (relating to notification by Secre-
tary) Is hereby amended by adding at the
end thereof the following new sentence: "In
the case of a notice of deficiency to which
subsection (e) (2) applies and which is
mailed on or before the 30th day after the
date of the enactment of this sentence, the
notification referred to in the preceding E
tence may be mailed at any tirie on o- bat ore
such 30th day."
Mr. PURTELL. Mr. Pres dent. may we
have an explanation of ! R. 0'24?
Mr. BYRD. Mr. Presider t. the 1. ill leas
unanimously approved la! the House
Committee on Armed Serv ces.
The first section of tips bill would
provide that parts, accesst o) com-
ponents subject to manufacture:?s'
cise taxes may be sold free of tax if the
purchaser uses or resells t lem s ma-
terial in the manufacture proeuction
of, or is a component part (4," any. otuer
articles whether or not the4e, other a ti-
dies are subject to a mann acture is' ex-
cise tax.
Section 2 of this bill provides that the
10-percent excise tax on a adios, televi-
sion sets, Phonographs, au; nnoth1: radio
or television sets, and cot ibinations of
radio, television, or phono iraph .eik is
to apply only if the article s of the "en-
tertainment type." The 131,1 would mike
no change in the type of = adio or tele-
vision components which are taxeble
when sold separately front a set. Thus,
under the bill, as well as imder present
law, the following radio end televiteon
components will continue To be f.,?uboect
to tax: Chassis, cabinets, tubes, spfnak-_rs,
amplifiers, power-supply an :its, an bent as
of the built-in type, and phonigrvph
mechanisms. These corr poneni s will
continue to be subject to lax when Fold
as repair or replacement Jarts whetier
or not the set in which t le parr, is to
be used is of the entertairenent t,pe
Mr. PTJRTELL. I thard the Eencior
from Virginia. I register n i objec Lion to
the passage of the bill.
Mr. MARTIN a Penntylvania. Mr.
President, in addition to the ver clear
explanation by the Chai maan f he
Committee on Finance, I a ;lc tins:. lineal:.
consent to have printed 1 i the ?..tECORD
at this point in my rema ks a : urther
statement relative to the till.
There being: no objectit n, the st Le-
nient was ordered to be printed in ,,he
RECORD, as follows:
STATEMENT BY SENATOR VIARTIN OF
PENNSYLVANIA
The purpose of sections 1-: in H. R. ',024
Is to amend the Internal Revenue loc1, M
1954 so as to eliminate a iurnber of ad-
ministrative and compliance proble ns nn-
?der the manufacturers' exci e tax. TI,ese
gections are similar to the trovisions o S
2(109 introduced jointly by g nator ,IRE3EN
and myself.
Th A first section of the bit provic as ',hat
automokive parts or accessories, re triura-
tion coMponentS, radio and ? elevisic a a.m.
ponents ahcl camera lenses reny be s-fld -,ree
of tax for uNe 14 the further fnanufa. tur of
another articlp. This treattrv nt is nive pro-
vided under existing law fc, refrit,era.ion
components and most autom parte Lnd
accessories, and Would be a tei.,ded by the
bill to provide a unsiform rule for all 4 ftese
parts, accessories ah,d cordvonents
provision will eliminate a nut iber of dn.in-
istrative and calmp1ian6e pro flems arid Rill
prevent the indirect tasati ria of rtiIes
which Congress has not cons1 tered it deem-a-
ble to subject to direct excise taxation.
Section 2 of the bill provit es that the 10
percent excise tax on radios, televisi n is,
and phonographs is to apialy mly if the fir.
tiCle IS Of the entertaimne t type, Jur
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10196 CONGRESSIONAL RECORD - SENATE July 28
committee sees no reason for ngling out for
excise tax levy special com: nication, de-
tection, and navigation equip ent of a non-
entertainment type.
Of greatest importance I Ithe fact that
sections 1 and 2 of the bUll will serve to
clarify any ambiguities in exiting law with
respect to the clear intent o Congress to
grant a complete exemption fim manufac-
turers' excise tax for radio equipment and
other articles sold to States act their in-
strumentalities for use in provi 'ng fire, po-
lice, forestry, civilian defense and other serv-
ices essential to the safety and welfare of
their citizens.
The PRESIDING OFFICE1 The
question is on agreeing to the coxImittee
amendments.
The amendments were agreed to
The amendments were ordered be
engrossed and the bill to be read a t ird
time.
The bill was read the third time a d
passed.
The title was amended so as to read.
"An act to remove the manufacturers'
excise tax from the sales of certain com-
ponent parts for use in other manufac-
tured articles, to confine to entertain-
ment-type equipment the tax on radio
and television apparatus, and for other
purposes."
BILL AND JOINT RESOLUTIONS
PASSED OVER
The bill (S. 2286) to amend the Mer-
chant Marine Act of 1936 so as to pro-
vide for the utilization of privately
owned shipping services in connection
with the transportation of privately
owned motor vehicles of certain person-
nel of the Department of Defense was
announced as next in order.
Mr. AIKEN. Mr. President, I ask that
that bill go over, for the simple reason
that no copies of the bill or report are
available.
The PRESIDING OFFICER. The bill
will go over.
The joint resolution (S. J. Res. 91) to
authorize the Secretary of Commerce to
sell the steamship La Guardia. was an-
nounced as next in order.
Mr. PURTELL. Over.
The PRESIDING OFFICER. The
joint resolution will go over.
The joint resolution (S. J. Res. 92) to
authorize the Secretary of Commerce to
sell the steamship Monterey was an-
nounced as next in order.
Mr. PURTELL. Over.
The PRESIDING OFFICER. The
joint resolution will go over.
COMPACT RELATING TO THE WA-
TERS OF THE KLAMATH RIVER
The bill (H. R. 353'7) granting the
consent. of the Congress to the negotia-
tion of a compact relating to the waters
of tht Klamath River by the States of
Arizona and California was considered,
ordered to a third reading, read the third
time, and passed.
Bli.LS AND JOINT RESOLUTIONS
PASSED OVER
The bill (S. 2556) to provide assist-
ance for certain landless Indians in the
tate of Montana was announced as next
in order.
Mr. PURTELL. Over, by request.
The PRESIDING OFFICER. The bill
will be passed over.
The bill (S. 2087) to amend the act of
May 19, 1947, to permit per capita pay-
ments to the individual members of the
Shoshone Tribe and the Arapahoe Tribe
of the Wind River Reservation in Wyo-
ming, to be made quarterly, was an-
nounced as next in order.
Mr. PURTELL. I call the Chair's at-
tention to the fact that with respect to
Calendar No. 1180, S. 2087; Calendar
No. 1181, S. 2197; Calendar No. 1182,
H. R. 6585; and Calendar No 1183, b.
2060, there are no reports available.
For that reason I ask that they go over.
The PRESIDING OFFICER. The bills
will go over.
The joint resolution (S. J. Res. 97) to
amend certain laws providing for mem-
bership and participation by the United
States in the Food and Agriculture Or-
aniza tion and International Labor Or-
nization and authorizing appropria-
ti ns therefor, was announced as next
in arder.
. ELLENDER. Over.
T1?RESIDING OFFICER. The
joint esolution will be passed over.
RED CTION OF ARMAMENTS
The res lution (S. Res. 71) favoring a
reduction armaments with a view to
improving world living conditions was
considered a d agreed to, as follows:
Resolved, Tha the President of the United
States be reques d to present to the United
Nations this pro al to explore the pos
sibillties of limitin the proportion of every
nation's resources ?ted to military pur-
poses, both direct an indirect, so as to in-
crease steadily the pro rtion devoted to im-
proving the living level?f the people; and
be it further
Resolved, That any sui limitation pro.
vide adequate means of in ection and con-
trol and be made part of an comprehensive,
regulation, limitation, and b lanced reduc?
-
tion of all armed forces an& armaments:
and be it further
Resolved, That the exploration the pos-
sibilities of this method of disarm ent be
pursued to gain recognition for the p nciple
that the way any government divides re.
sources can be taken as a measure o ite
peaceful or aggressive intent; also for
principle that high living standards on.
stitute an automatic built-in erren-,
against aggression and that any n on which
deliberately and persistently 196s down the
living levels of Its people to build military
power is a threat to world security; also for
the principle that the conversion time that
must elapse before resources can be shifted
from peaceful to war purposes can be used
as a basis for preventing possible aggression
before it takes place; and be it further
Resolved, That to implement these
principles consideration be given to the
following:
An adequate number of key resources be
Selected and standards be drawn up for
determining what ratio of each of these
resources should be set as a maximum ceil-
ing limiting the proportion of each of these
resources, which may be utilized for military
purposes.
Along with each such Ceiling adequate
measures of inspection and control be en.
forced to prevent the diversibn or conversioit
for military purposes of resources committed!
for peaceful uses, also that any such acts of
diversion or conversion be considered auto-
matic evidence of aggressive intent.
The ceilings limiting the possible military
uses should be set to attain a major increase
in living levels, to provide adequate 'warn-
ing before any of these resources can be con-
verted to war production and to contribute
to other arms and armament controls.
These ceilings be subject to periodic re-
vision by agreement among the participating
nations with the view of providing balanced
security and progressively to increase the
proportion of all resources to be committed
to peaceful uses, provided that it be recog-
nized a freeze of existing resources alloca-
tions cannot be taken as a starting stage
because it would freeze a pattern of con-
tinuing aggression for some nations, while
keeping others relatively defenseless.
Ceilings upon the military uses of these
key resources be established to the end that
no nation's economic expansion be curbed.
In setting such ceilings, allowance be made
for the special economic needs of individual
nations, particularly those with under-
developed economies; and be it further
Resolved, That the President be further
requested to direct the appropriate Govern-
ment agencies to complete studies now un-
derway, or to undertake any new studies that
might be needed to carry through the ob-
jectives of this resolution.
The preamble was agreed to.
TRIBUTE TO .SIR WINSTON
CHURCHILL
The resolution (S. Res. 139) paying
tribute to Sir Winston Churchill for his
contributions in behalf of freedom and
world peace was considered and agreed
to, as follows:
Resolved, That the Senate of the United
States, on the occasion of the retirement of
Sir Winston Churchill as Prime Minister of
Great Britain, expresses its high apprecia-
tion of the outstanding contribution this
truly great statesman has made to the cause
of freedom and of his tireless efforts in be-
half of world peace; and be it further
Resolved,. That the Senate of the United
States hereby expresses its profund hope that
Sir Winston Chuphill may be spared for
many more yea of useful and honorable
service; and belt further
at the Secretary of the Senate
ted States is instructed to transmit
of this resolution to Sir Winston
chill.
The preamble was agreed to.
PROVISION FOR CERTAIN BASIC
AUTHORITY FOR THE DEPART-
MENT OF STATE
The bill (S. 2569) to provide certain
basic authority for the Department of
State was announced as next in order.
The PRESIDING OFFICER. Is there
objection to the present consideration of
the bill?
Mr. PURTELL. Mr. President, I rose
to object to the bill, because at the time
we checked the bills this measure was not
available to the calendar committee,
since which time bills as well as reports
have been made available. I therefore
raise no objection to the bill.
The PRESIDING OFFICER. Is there
objection to the present consideration
of the bill?
The:re being no objection, the Senate
proceeded to consider the bill, which had
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1955
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CONGRESSIONAL RECORD- SENATE
been reported from ,the Committee on
Foreign Relations with amendments on
pagel, line 7, after the word "binding",
? ;
to 'insert "outside the continental United
States"; on page 3, line 16, after the
word "as", to insert "he"; and in the
same line, after the word "may", to
stirke out "be" and insert "deem", so as
to make the bill read:
Be it enacted, etc.. That the Secretary of
State is authorized to establish, maintain,
and operate passport and despatch agencies.
Sze. 2. The Secretary of `State, when
authorized In an appropriation or other law,
may?
(a) authorize printing and binding outside
the continental United States Without regard
to section 11 of the act of March 1, 1919
(44 U. S. C. 11I);
(b) purchase, rent, operate, and maintain
printing and binding machines, equipment,
and devices abroad;
(c) pay the cost of transportation to and
from a place of storage and the cost of stor-
ing the furniture and 'household and per-
sonal effects of an employee of the Foreign
Service who is assigned to a Post at which
he is unable to use his furniture and effects,
under such regulations as the Secretary may
prescribe;
(d) employ aliens, by.contract, for services
abroad;
(e) employ personnel without regard to
the civil-service laws and regulations, and
the Classificatien Act of 1949, as amended;
(f) furnish official entertainment;
(g) purchase uniforms; and
(h) pay the actual expenses of preparing
and transporting to their former homes the
. remains of persons, not United States 'Gov-
ernment employees, who may die away from
their homes while participating in inter-
national educational exchange activities un-
der the jurisdiction of the Department of
State.
SEC. 3. The Secretary of State is authorized
to?