[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Senate]
[Pages 11117-11119]
[From the U.S. 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 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.

[[Page 11118]]

  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;
       (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

[[Page 11119]]

     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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