Congressional Record, Volume 156 Issue 91 (Thursday, June 17, 2010)

[Congressional Record Volume 156, Number 91 (Thursday, June 17, 2010)]
[Senate]
[Pages S5138-S5140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PROVIDING FOR RECONSIDERATION AND REVISION OF PROPOSED CONSTITUTION OF
THE UNITED STATES VIRGIN ISLANDS

Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the
Senate proceed to the immediate consideration of S.J. Res. 33, a joint
resolution providing for the reconsideration and revision of the
proposed Constitution of the U.S. Virgin Islands to correct provisions
inconsistent with the Constitution and Federal law, introduced earlier
today.
The PRESIDING OFFICER. The clerk will report the joint resolution by
title.
The legislative clerk read as follows:

A joint resolution (S.J. Res. 33) to provide for the
reconsideration and revision of the proposed constitution of
the United States Virgin Islands to correct provisions
inconsistent with the Constitution and Federal law.

There being no objection, the Senate proceeded to consider the joint
resolution.
Mr. BINGAMAN. Mr. President, the U.S. Virgin Islands is an
unincorporated territory of the United States that was acquired from
Denmark in 1917. It is one of only two United States territories which
does not have a locally adopted constitution to provide for basic
governmental organization and operations. Instead, the Virgin Islands
government operates under the Revised Organic Act of 1954, as amended,
a Federal law written by Congress (48 U.S.C. 1541-1645).
In 1976, to enhance local self-government, Congress enacted Public
Law 94-584, which, as amended, authorizes the people of the Virgin
Islands to convene a constitutional convention and draft a
constitution. The law provides for two consecutive 60-day periods for
Presidential and Congressional review. Upon receiving a proposed
constitution from the President, Congress may approve, modify, or amend
the document by joint resolution, but if Congress does not act within
its 60 legislative day review period, then the constitution is deemed
approved by Congress. If Congress approves the proposed constitution,
or passes modifications or amendments, it then goes before the Virgin
Islands voters to be accepted or rejected in a referendum. Since 1964,
the people of the Virgin Islands have attempted five times to write a
constitution, but previous efforts have been unsuccessful.
On December 31, 2009, the Governor of the Virgin Islands submitted a
proposed constitution drafted by the Fifth Constitutional Convention to
President Obama, and it was transmitted to Congress with administration
comments. The end of the 60 legislative day Congressional review period
is June 30.
In his February 26, 2010, message to Congress, President Obama
attached the proposed constitution and a memorandum of the Justice
Department which noted that several features of the proposed
constitution warranted comment: 1, the absence of an express
recognition of United States sovereignty and the supremacy of Federal
law; 2, provisions for a special election on the Virgin Islands
territorial status; 3, provisions conferring legal advantages on
certain groups defined by place and timing of birth, timing of
residency, or ancestry; 4, residence requirements for certain offices;
5, provisions guaranteeing legislative representation of certain
geographic areas; 6, provisions addressing territorial waters and
marine resources; 7, imprecise language on certain provisions of the
proposed constitution's bill of rights; 8, the possible need to repeal
of certain Federal laws if the proposed United States Virgin Islands
constitution is adopted; and 9, the effect of congressional action or
inaction on the proposed constitution. I refer you to the President's
message and DOJ memorandum in the March 1, 2010, Congressional Record,
page S856. Both in the memorandum and in testimony on May 19 before the
Senate Committee on Energy and Natural Resources, the Justice
Department recommended that ``the provisions conferring legal
advantages on certain groups defined by place and timing of birth,
timing of residency, or ancestry. . .'' Item 3 above--be removed from
the constitution and that consideration be given to shortening the
resilence requirements for certain officers--item 4--and to revising
the provisions concerning territorial waters and marine resources--item
6.
I am pleased to join with the ranking member of the Committee on
Energy and Natural Resources, Senator Murkowski, in introducing this
resolution to provide for the reconsideration and revision of the
proposed constitution of the Virgin Islands to correct provisions that
are inconsistent with the U.S. Constitution and Federal law. More
specifically, the resolution would

[[Page S5139]]

amend P.L. 94-584, as amended, to provide that Congress may urge the
convention to reconvene, but following reconsideration and revision of
the proposed constitution, it would not be sent back to Congress for
review. Instead, the U.S. President would have 60 calendar days to
provide administration comments to the Governor and Congress, and to
publish those comments in the Federal Register. Then, the revised
proposed constitution would be submitted to the voters for approval or
disapproval. If the Constitutional Convention fails to reconvene, or if
the convention fails to make revisions, then there will be no
referendum of approval or disapproval of the proposed constitution by
the voters of the Virgin Islands, and this process ends.
It is challenging for Congress to act within the 60 legislative day
review period as established by P.L. 94-584, as amended, ending June
30. The approach taken in this resolution to respond to the Federal
concerns raised with the proposed constitution has been reached in
consultation with counsel for the Virgin Islands Convention, and with
the Delegate and Governor of the Virgin Islands. While there were
differing views on how Congress should proceed, I appreciate the
cooperation and commitment of all involved in working out this
consensus approach.
There are few more solemn duties in government than that of
developing and adopting a constitution. I commend the delegates to the
Virgin Islands Constitutional Convention for their effort and their
commitment to this solemn duty. I also urge them to carefully consider
the issues raised by the President and Congress and to revise the
proposed constitution by removing or amending those provisions that are
in conflict with the U.S. Constitution.
For generations, the people of the Virgin Islands have been a part of
the United States political family and together we share allegiance to
our Nation and to the principles enshrined in the U.S. Constitution.
Under this resolution, the delegates will have the choice of conforming
the proposed constitution to these shared principles or of endorsing
the conflicts between the proposed constitution and the U.S.
Constitution. Endorsing these conflicts will most certainly result in
either disapproval of the proposed constitution by the voters of the
Virgin Islands, or years of litigation that will eventually strike down
these provisions. I urge the delegates to take this rare opportunity to
bring closure to the process--to make the needed revisions and to be
remembered for their leadership in bringing a constitution to the
people of the Virgin Islands.
Ms. MURKOWSKI. Mr. President, I am pleased to join with Senator Jeff
Bingaman, the Chairman of the Senate Energy and Natural Resources
Committee, in introducing this Joint Resolution to urge the Fifth
Constitutional Convention of the United States Virgin Islands to
reconvene for the purpose of reconsidering and revising its proposed
constitution. Let me first commend the delegates of the Virgin Islands
Fifth Constitutional Convention for their hard work and efforts in
drafting and putting forward this proposed constitution. Their
commitment to resolving this issue and getting a constitution enacted
for the people of the United States Virgin Islands should be applauded.
The Chairman has clearly laid out the historical and legislative
background of the United States' relationship with the U.S. Virgin
Islands and the process for Congress to consider a proposed
constitution. He has also explained the concerns and issues expressed
by the Administration about some provisions in the proposed
constitution and that under Public Law 94-584, the only options
available to Congress are to approve, amend, or revise the
constitution. Disapproval is not an option. Because time is short,
Congress only has 60 legislative days to take action, it is unlikely we
will be able to reach an agreement on the proposed changes before June
30, 2010, which is the end of the 60 legislative days. If Congress does
not act before then, the proposed constitution will be deemed approved
with no changes.
As a result, the Chairman and I are introducing this Joint Resolution
to amend P.L. 94-584 to allow Congress to urge the constitutional
convention to reconvene. In accordance with this change to the law, the
joint resolution urges the Fifth Constitutional Convention to reconvene
for the purpose of reconsidering and revising the proposed constitution
in response to the concerns outlined by the executive branch. It is my
understanding that should Congress pass this joint resolution, the 60
legislative day clock will stop. It is also my understanding that
should this Joint Resolution be enacted, there are three courses of
action for the Fifth Constitutional Convention: do not reconvene;
reconvene but do not revise the proposed constitution; or reconvene and
revise the proposed constitution. If the convention were to choose not
to reconvene, or to reconvene but not revise, then the process is dead,
there is no further consideration of the proposed constitution, and it
does not go to the people of the Virgin Islands for a vote.
If, however, the convention reconvenes and does revise the proposed
constitution, then the revised proposed constitution would
simultaneously be submitted to the Governor of the Virgin Islands and
the President of the United States. The President would then have 60
calendar days to notify the Convention, the Governor, and Congress of
the comments of the President on the revised proposed constitution, and
publish the comments in the Federal Record. Once the comments have been
published in the Federal Record, the revised proposed constitution
would be submitted to the qualified voters of the U.S. Virgin Islands
for acceptance or rejection.
The delegates to the convention have the choice to bring the proposed
constitution in line with the U.S. Constitution and Federal statutes.
It is my preference to see the Convention reconvene and make these
changes themselves, rather than have the courts impose them through
litigation. This is the fifth attempt to establish a constitution for
the people of the U.S. Virgin Islands and I am hopeful that this
attempt, with the necessary revisions, will be successful.
Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the
joint resolution be read a third time, passed; that the preamble be
agreed to, and the motions to reconsider be laid upon the table en
bloc; and that any statements related to the joint resolution be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The joint resolution (S.J. Res. 33) was ordered to be engrossed for a
third reading, was read the third time, and passed.
The preamble was agreed to.
The joint resolution, with its preamble, reads as follows:

S. J. Res. 33

To provide for the reconsideration and revision of the
proposed constitution of the United States Virgin Islands to
correct provisions inconsistent with the Constitution and
Federal law.
Whereas Congress, recognizing the basic democratic
principle of government by the consent of the governed,
enacted Public Law 94-584 (94 Stat. 2899) authorizing the
people of the United States Virgin Islands to organize a
government pursuant to a constitution of their own adoption;
Whereas a proposed constitution to provide for local self-
government for the people of the United States Virgin Islands
was submitted by the President to Congress on March 1, 2010,
pursuant to Public Law 94-584;
Whereas Congress, pursuant to Public Law 94-584, after
receiving a proposed United States Virgin Islands
constitution from the President may approve, amend, or modify
the constitution by joint resolution, but the constitution
``shall be deemed to have been approved'' if Congress takes
no action within ``sixty legislative days (not interrupted by
an adjournment sine die of the Congress) after its submission
by the President'';
Whereas in carrying out Public Law 94-584, the President
asked the Department of Justice, in consultation with the
Department of the Interior, to provide views on the proposed
constitution;
Whereas the Department of Justice concluded that several
features of the proposed constitution warrant analysis and
comment, including--
(1) the absence of an express recognition of United States
sovereignty and the supremacy of Federal law;
(2) provisions for a special election on the territorial
status of the United States Virgin Islands;
(3) provisions conferring legal advantages on certain
groups defined by place and timing of birth, timing of
residency, or ancestry;
(4) residence requirements for certain offices;
(5) provisions guaranteeing legislative representation of
certain geographic areas;

[[Page S5140]]

(6) provisions addressing territorial waters and marine
resources;
(7) imprecise language in certain provisions of the bill of
rights of the proposed constitution;
(8) the possible need to repeal certain Federal laws if the
proposed constitution of the United States Virgin Islands is
adopted; and
(9) the effect of congressional action or inaction on the
proposed constitution; and
Whereas Congress shares the concerns expressed by the
executive branch of the Federal Government on certain
features of the proposed constitution of the United States
Virgin Islands and shares the view that consideration should
be given to revising those features: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SENSE OF CONGRESS ON PROPOSED CONSTITUTION FOR
UNITED STATES VIRGIN ISLANDS.

It is the sense of Congress that Congress--
(1) recognizes the commitment and efforts of the Fifth
Constitutional Convention of the United States Virgin Islands
to develop a proposed constitution; and
(2) urges the Fifth Constitutional Convention of the United
States Virgin Islands to reconvene for the purpose of
reconsidering and revising the proposed constitution in
response to the views of the executive branch of the Federal
Government.

SEC. 2. REVISION OF PROPOSED CONSTITUTION.

Section 5 of Public Law 94-584 (90 Stat. 2900) is amended--
(1) by designating the first, second, third, and fourth
sentences as subsections (a), (b), (d), and (e),
respectively;
(2) in subsection (b) (as so designated)--
(A) by striking ``within'' and all that follows through
``after'' and inserting ``within 60 legislative days after'';
and
(B) by inserting ``or has urged the constitutional
convention to reconvene,'' after ``in whole or in part,'';
(3) by inserting after subsection (b) (as so designated)
the following:
``(c) Revision of Proposed Constitution.--
``(1) In general.--If a convention reconvenes and revises
the proposed constitution, the convention shall resubmit the
revised proposed constitution simultaneously to the Governor
of the Virgin Islands and the President.
``(2) Comments of president.--Not later than 60 calendar
days after the date of receipt of the revised proposed
constitution, the President shall--
``(A) notify the convention, the Governor, and Congress of
the comments of the President on the revised proposed
constitution; and
``(B) publish the comments in the Federal Register.''; and
(4) in subsection (d) (as so designated), by inserting
``under subsection (b) (or, if revised pursuant to subsection
(c), on publication of the comments of the President in the
Federal Register)'' after ``or modified''.

Mr. BROWN of Ohio. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BAUCUS. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

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