[Congressional Record (Bound Edition), Volume 156 (2010), Part 9]
[House]
[Pages 12021-12023]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and pass 
the 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.
  The Clerk read the title of the joint resolution.
  The text of the joint resolution is as follows:

                              S.J. Res. 33

       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 
     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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the Virgin Islands (Mrs. Christensen) and the gentleman from Washington 
(Mr. Hastings) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the Virgin Islands.


                             General Leave

  Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and to include extraneous material on the joint resolution 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the Virgin Islands?
  There was no objection.
  Mrs. CHRISTENSEN. I yield myself such time as I may consume.
  Mr. Speaker, Senate Joint Resolution 33 was introduced by the 
chairman of the Senate Energy and Natural Resources Committee, Jeff 
Bingaman, to respond to concerns raised with the fifth proposed 
constitution for the United States Virgin Islands.
  In order to encourage the adoption of their own constitutions, 
Congress in 1976 enacted legislation to authorize the people of the 
Virgin Islands and Guam to convene constitutional conventions and write 
their own local constitutions. This act, Public Law 94-528, sets out 
parameters that the supremacy of the United States Constitution must be 
recognized and adhered to as well as a process for the Federal review 
of any proposed constitution, including 60-day periods for both 
Presidential and congressional reviews. We are at the very end of the 
time prescribed for congressional action.
  The U.S. Virgin Islands, an unincorporated territory acquired by the 
United States from Denmark in 1917, is one of only two U.S. States and 
territories that does not have a constitution written by the people who 
determine its basic governmental organization and structure. Instead, 
for more than half a century, the Virgin Islands have been under the 
governance of a Federal law known as the Revised Organic Act of 1954. 
Since 1964, the people of the Virgin Islands have attempted five times 
to write a constitution that brings the territory governance from the 
people. The first four efforts were unsuccessful.
  On December 31, 2009, the Governor of the Virgin Islands submitted to 
President Obama a constitution drafted by the Fifth Constitutional 
Convention of the United States Virgin Islands. As required by Public 
Law 94-584, the President transmitted the constitution to Congress on 
March 1, 2010, for consideration.
  In his submittal letter to Congress, President Obama indicated that 
he asked the Department of Justice, in consultation with the Department 
of the Interior, to provide their views on the proposed constitution. 
The Department of Justice, in a memorandum

[[Page 12022]]

which accompanied the President's submittal letter, concluded that 
several features of the proposed constitution warranted analysis and 
comment and outlined at least eight areas in the proposed constitution 
that the Department of Justice believes should either be removed from 
the constitution or modified.
  The resolution we are considering today attempts to respond to the 
concerns about the proposed constitution raised by the Justice 
Department by providing for its reconsideration and revision to correct 
provisions that are inconsistent with the United States Constitution 
and Federal law. It is a clear statement from Congress that the 
convention should consider these provisions; although, it does not 
dictate what the outcome of the ``reconsiderations'' should be.
  This resolution also represents a compromise, and because of the 
importance of this document and the process to my constituents and to 
me, I would like to explain the journey that I have gone through as 
their Representative in the only branch of local or national government 
with the authority to make any changes.
  Regardless of my personal opinion or understanding of the unique 
circumstances of the U.S. Virgin Islands, the document adopted by the 
convention does not meet the dictates of the act which authorized its 
creation.
  My initial position was that we as a Congress should exercise our 
authority and amend it before sending the document back to the people 
of the Virgin Islands to vote on. I still feel strongly that the people 
at home are entitled to and deserve a constitutionally sound document 
upon which to come out and cast their votes. That has not changed.
  Yet, after listening to the testimony given in the Congress--and when 
at home--to the many sides of the issue and after listening to the 
varied opinions of a broad cross-section of my community, a different 
position evolved. Despite my misgivings on the constitutionality of the 
document, my views became more consistent with my long held stance that 
the people of the territories should be the ones to decide on issues of 
their self-governance.
  The people of the Virgin Islands voted for delegates to the 
Constitutional Convention. We as a Congress and I as their elected 
Representative should honor their position and their work on the 
people's behalf. Further, any provision that is unconstitutional would 
not stand, and therefore, no one need fear that any rights guaranteed 
by the U.S. Constitution would in any way be abridged.
  The Senate felt differently. There was a degree of outrage at what 
appeared on the surface to be a denial of equal protection under the 
law. Although they first thought to reject the document outright, that 
was not an option, and so they were prepared to amend it.
  The resolution which is before us today represents a compromise that 
I negotiated and which protects the right of the people of the Virgin 
Islands to draft and adopt a constitution of their own writing; and I 
do believe that, although the definitions of native and ancestral could 
be included to follow the dictates, however, of the authorizing act, 
any rights and privileges ascribed to them would need to be amended in 
the reconvening of the convention. There is precedent for the 
convention's reconvening to address administration concerns, as it 
happened in the case of the fourth constitutional draft document.
  As I stated in my testimony before the Senate, it had been my hope 
that, once reconvened as prescribed in this resolution, no matter what 
was or was not done, the resulting document would go directly to the 
people of the USVI for the vote. I did not prevail in that argument, 
but given the constraints of time imposed by the other body's late 
action and the delays in reaching agreement on the resolution's being 
placed on the suspension calendar, I hope that we will get this to the 
people in time for the constitution to reconvene.
  With that, I ask my colleagues to support the passage of this measure 
so that we can get it done today and get it to the President for his 
signature.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. I yield myself such time as I may 
consume.
  Mr. Speaker, the adoption of a constitution by the U.S. Virgin 
Islands will provide additional autonomy for that territory. However, 
any constitution that is adopted should not be in conflict with the 
U.S. Constitution, as noted by the extensive comment provided by the 
U.S. Justice Department.

                              {time}  1320

  The House therefore should pass Senate Joint Resolution 33 today to 
state concerns with the Virgin Islands draft Constitution and urge 
remedying these issues.
  Ms. BORDALLO. Mr. Speaker, I rise to address the House regarding S.J. 
Res. 33, which the other body passed on June 17, 2010, and which 
relates to a proposed Constitution of the Virgin Islands of the United 
States adopted by the Fifth Constitutional Convention in the territory 
on May 26, 2009. This particular proposed Constitution was received by 
the House from the President of the United States with his comments 
earlier this year, and was read and referred to the Committee on 
Natural Resources. On March 17, 2010, I chaired an oversight hearing of 
the Subcommittee on Insular Affairs, Oceans and Wildlife for the 
purpose of receiving testimony about the proposed Constitution. 
Testimony was received from a representative of the United States 
Department of Justice and from leaders in the Virgin Islands, including 
the Governor and the President of and five other Delegates seated to 
the Fifth Constitutional Convention. Witnesses addressed both the 
drafting and review process for the proposed Constitution as well as 
its substance. Most importantly, witnesses emphasized the meaning that 
the drafting and adoption of a constitution by and for the people of 
the Virgin Islands holds for our democracy and for an increased level 
of self-government for them.
  An Act of the 94th Congress codified in Title 48 of the United States 
Code provides for a Congressional review process for any proposed and 
locally drafted Constitution for either the Virgin Islands or Guam. 
Both territories are the only organized jurisdictions presently under 
the U.S. Flag for which local government is not organized pursuant to a 
locally drafted and adopted Constitution. Indeed, a principal purpose 
of the Act of the 94th Congress, U.S. Public Law 94-584, which governs 
this process, was to enable the people of both territories to organize 
a government pursuant to a Constitution of their own adoption and 
structured in accordance with their vision.
  Absent such a locally adopted Constitution, the governments of the 
Virgin Islands and Guam have been organized by and derive legitimacy 
from separate Acts of Congress, which for all intents and purposes 
serve as de facto Constitutions for the respective territories. These 
statutes are the Revised Organic Act of 1954 for the Virgin Islands, 
which superseded the Organic Act of 1936, and the Organic Act of 1950 
for Guam.
  The people of the Virgin Islands have duly elected five 
Constitutional Conventions since the enactment of the Revised Organic 
Act of 1954. Two Conventions in the Virgin Islands were convened prior 
to the enactment of U.S. Public Law 94-584--in 1964 and 1972, 
respectively--and three since--in 1978, 1980, and the most recent, the 
fifth such Convention convened in 2007. Positive steps toward increased 
self-government for the people of the Virgin Islands were realized as a 
result of the work of the 1964 and 1972 conventions, including an 
amendment by Congress to the Revised Organic Act that allowed for the 
Governor of the Virgin Islands to be chosen by popular election 
beginning in 1965. The work of the third and fourth conventions 
resulted in transmittals of whole proposed Constitutions to the 
Congress, and similarly served as a continued exercise of and toward 
greater self-government for the people of the Virgin Islands.
  In 1977, one year following the enactment of U.S. Public Law 94-584, 
a Constitutional Convention was convened in Guam and composed of 
Delegates elected by the people of Guam. The particular proposed 
Constitution drafted by that Convention was not ultimately adopted by 
the people of Guam. Discussion arose then among the voters and leaders 
of Guam about whether approval of local constitutional government in 
Guam might preclude or be prejudicial to the exercise of their right to 
self-determination, and efforts in subsequent years were concentrated 
predominately on resolving the territory's ultimate political status.
  The Fifth Constitutional Convention of the Virgin Islands marks 
another point in the continued journey of the people of the Virgin 
Islands toward increased self-governance and

[[Page 12023]]

their commitment to a democratic form of government. The President 
noted such in his comments to Congress on this most recent, proposed 
Constitution. While certain legal questions have been raised regarding 
several of its features that are noted in the President's comments, the 
proposed Constitution in and of itself represents significant effort 
and work undertaken by leaders in the Virgin Islands dedicated to their 
community and to our democracy.
  I commend the leadership that our colleague, Mrs. Christensen, has 
brought to bear in this process and in all issues pertaining to 
governance in the territories. This body is now considering a measure 
that the Senate has sent to us. I would be remiss if I did not note the 
implications for my district, Guam. As leaders in Guam may in the 
future decide to again take up the work to draft and adopt a 
Constitution locally, it is important that Congress remain cognizant of 
and open to such opportunity.
  S.J. Res. 33 proposes to amend the underlying statutory scheme 
governing such a process to allow for formal revision of a proposed 
Constitution after it has been initially transmitted to the President 
and Congress. In doing so, it requires a reconvened Constitutional 
Convention to resubmit a proposed Constitution in any form it may so 
revise it to the Governor of the Virgin Islands and the President. In 
amending Section 5 of U.S. Public Law 94-584 for this purpose, S.J. 
Res. 33 would separate and designate as separate subsections the 
existing four sentences of such Section. Additionally, it would insert 
a new subsection (c) in the middle of the existing language to provide 
for the resubmitting requirement. However, the proposed amendment of 
the Senate would only insert a reference to the Governor of the Virgin 
Islands in this instance despite the fact the underlying statute is 
structured such that the process is to apply both to the Virgin Islands 
and Guam, respectively. Revisiting this language may become important 
should leaders in Guam at any point in the future again convene a 
Constitutional Convention.
  Ultimately, it is important for Congress to remain responsive to and 
supportive of leaders in both territories as they work to advance local 
self-government and provide for the rule of law.
  Mr. HASTINGS of Washington. I yield back the balance of my time.
  Mrs. CHRISTENSEN. I thank my colleague for his support. As we said, 
we are at the very last few days with which the Congress has been 
prescribed to act, and I ask for support of this measure.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the Virgin Islands (Mrs. Christensen) that the House 
suspend the rules and pass the joint resolution, S.J. Res. 33.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the joint resolution was passed.
  A motion to reconsider was laid on the table.

                          ____________________