[House Report 106-745]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-745

======================================================================



 
   VIRGIN ISLANDS AND GUAM CONSTITUTIONAL SELF-GOVERNMENT ACT OF 2000

                                _______
                                

 July 17, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3999]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3999) to clarify the process for the adoption of local 
constitutional self-government for the United States Virgin 
Islands and Guam, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Virgin Islands and Guam Constitutional 
Self-Government Act of 2000''.

SEC. 2. FINDINGS.

  Congress makes the following findings:
          (1) Congress established a process in 1976 for the United 
        States territories of the Virgin Islands and Guam to advance 
        local self-government by the adoption of constitutions through 
        their respective internal political processes, pursuant to 
        Public Law 94-584 (90 Stat. 2899), but did not require review 
        and approval of those constitutions by Congress.
          (2) The Virgin Islands and Guam have not adopted 
        constitutions as authorized and therefore, Congress has enacted 
        amendments to the underlying Federal laws establishing local 
        territorial government, the Revised Organic Act of the Virgin 
        Islands, approved by Congress on July 22, 1954 (68 Stat. 497), 
        and the Organic Act of Guam, approved by Congress on August 1, 
        1950 (64 Stat. 384), respectively, in response to periodic 
        petitions from the Virgin Islands and Guam for various changes 
        to the three branches of government of those territories.
          (3) Congress has been requested to amend the existing Federal 
        authorization for constitutional government (Public Law 94-584; 
        90 Stat. 2899), to assure the people of the Virgin Islands and 
        Guam that adoption of a constitution would not preclude their 
        further right to self-determination.
          (4) Review and approval by Congress of any proposed 
        constitution would ensure that the constitution--
                  (A) is consistent with the sovereignty of the United 
                States in the Virgin Islands and Guam, respectively, 
                and the provisions of the United States Constitution, 
                treaties and laws applicable to the Virgin Islands and 
                Guam, respectively;
                  (B) provides for a republican form of government, 
                consisting of three branches (executive, legislative, 
                and judicial); and
                  (C) contains a bill of rights.

SEC. 3. CLARIFYING AMENDMENTS.

  (a) Congressional Approval of Constitution.--Section 5 of Public Law 
94-584 (90 Stat. 2900) is amended by inserting ``, which may include 
recommendations regarding which provisions of the relevant organic Act 
should be repealed when the constitution takes effect,'' after 
``together with his comments''.
  (b) Self-Determination Not Affected.--Public Law 94-584 (90 Stat. 
2899 et seq.) is amended by adding at the end the following new 
section:
  ``Sec. 6. Establishment of local constitutional self-government 
pursuant to this Act shall not preclude or prejudice the further 
exercise in the future by the people of Guam or the Virgin Islands of 
the right of self-determination regarding the ultimate political status 
of either such territory.''.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3999 is to clarify the process for the 
adoption of local constitutional self-government for the United 
States Virgin Islands and Guam, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Congress first authorized legislation for constitutions for 
the organized but unincorporated United States territories of 
Guam and the Virgin Islands in 1976. However, since enactment 
of Public Law 94-584, neither territory has succeeded in 
adopting a constitution as intended by Congress.
    Absent constitutions, the governments of Guam and the 
Virgin Islands have continued to operate under federal organic 
and revised organic acts enacted in the 1950s. Territorial 
leaders from both governments have petitioned Congress during 
the past five years for numerous changes to outdated provisions 
affecting the executive, legislative, or judicial branches. 
Congress responded by conducting oversight in the islands and 
public hearings on a number of these requests for change to the 
respective organic acts, while reaffirming the preference that 
these decisions should be made locally under a constitutional 
system, rather than by Congress. However, it became apparent 
during these hearings that the failure to adopt a constitution 
was in part due to uncertainty regarding the existing process 
as authorized by Public Law 94-584 and the effect on the right 
to self-determination. The Guam Legislature petitioned Congress 
to clarify that the adoption of a constitution would not affect 
the territories' right of self-determination. Guam Resolution 
No. 85, enacted September 15, 1997, asks Congress to add a new 
section to the current authorization stating: ``Establishment 
of local constitutional self-government would not preclude or 
prejudice the further exercise in the future by the people of 
Guam or the Virgin Islands of the right of self-determination 
regarding the ultimate political status of either such 
territory.'' H.R. 3999 was introduced using the exact language 
requested by Guam Resolution No. 85 to add a new section 6 to 
Public Law 94-584, and to further clarify the process for the 
adoption of local constitutional self-government by the Virgin 
Islands and Guam.

                            COMMITTEE ACTION

    H.R. 3999, was introduced on March 16, 2000, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Resources. On May 17, 2000, the Committee held a hearing on the 
bill. On May 24, 2000, the Committee met to mark up the bill. 
Chairman Don Young offered an amendment to include the 
Administration's suggestion that the President be required to 
specify which provisions of the territory's organic act will be 
repealed at the time the President forwards the proposed 
constitution. The responsibility then would be on the 
Administration and Congress to act on any repeal of sections of 
the organic act within the 60 legislative days after the 
constitution is submitted to Congress. This latter change 
eliminates the primary basis for the requirement in H.R. 3999 
as introduced for a separate act of Congress approving a 
proposed territorial constitution, and instead, leaves the 
underlying provision of Public Law 94-584 in place, wherein the 
constitution would be deemed to be approved by Congress after 
sixty legislative days. The amendment also eliminates the 
reference to municipal government in the findings section, 
thereby leaving the adoption of municipal or county government 
as an optional and not mandatory provision of a new 
constitution. The amendment was adopted by voice vote. The bill 
as amended was then ordered favorably reported to the House of 
Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article IV, section 3 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of Rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of Rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 30, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman. The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3999, the Virgin 
Islands and Guam Constitutional Self-Government Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3999--Virgin Islands and Guam Constitutional Self-Government Act 
        of 2000

    H.R. 3999 would amend Public Law 94-584, which authorizes 
the Virgin Islands and Guam to adopt local constitutions. 
Specifically, the bill would clarify that adopting a local 
constitution would not limit the rights of the citizens in 
determining the ultimate political status of either territory. 
CBO estimates that implementing H.R. 3999 would have no 
budgetary impact. Because the bill would not affect direct 
spending or receipts, pay-as-you-go procedures would not apply.
    H.R. 3999 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments.
    The CBO staff contact is John R. Righter. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any State, local, or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                        ACT OF OCTOBER 21, 1976


AN ACT To provide for the establishment of constitutions for the Virgin 
                            Islands and Guam

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Congress, recognizing the basic democratic principle of 
government by the consent of the governed, authorizes the 
peoples of the Virgin Islands and of Guam, respectively, to 
organize governments pursuant to constitutions of their own 
adoptions as provided in this Act.

           *       *       *       *       *       *       *

  Sec. 5. Within sixty calendar days after the respective date 
on which he has received each constitution, the President shall 
transmit such constitution together with his comments, which 
may include recommendations regarding which provisions of the 
relevant organic Act should be repealed when the constitution 
takes effect, to the Congress. The constitution, in each case, 
shall be deemed to have been approved by the Congress within 
sixty legislative days (not interrupted by an adjournment sine 
die of the Congress) after its submission by the President, 
unless prior to that date the Congress has approved the 
constitution, or modified or amended it, in whole or in part, 
by joint resolution. As so approved or modified, the 
constitutions shall be submitted to the qualified voters of the 
Virgin Islands and Guam, respectively, for acceptance or 
rejection through islandwide referendums to be conducted as 
provided under the laws of the Virgin Islands and Guam, 
respectively, (enacted after the date of enactment of this 
Act). Upon approval by not less than a majority of the voters 
(counting only the affirmative or negative votes) participating 
in such referendums, the constitutions shall become effective 
in accordance with their terms.
  Sec. 6. Establishment of local constitutional self-government 
pursuant to this Act shall not preclude or prejudice the 
further exercise in the future by the people of Guam or the 
Virgin Islands of the right of self-determination regarding the 
ultimate political status of either such territory.
                            A P P E N D I X

                              ----------                              


         Guam Legislature Resolution No. 85, September 15, 1997

    Relative to requesting the 105th Congress to amend the 
Organic Act by adding a new Section 6, to confirm that the 
adoption of a Constitution establishing local government shall 
not preclude or prejudice the further exercise in the future by 
the people of Guam of the right of self-determination regarding 
the ultimate political status of Guam.
    Be it resolved by the Legislative of the Territory of Guam:
    Whereas, in 1976 the United States Congress enabled the 
people of Guam, pursuant to P.L. No. 95-584, to organize a 
government under a constitution of our own adoption, which upon 
approval by Congress and the people of Guam, would provide for 
local government over the internal affairs of our Island; and
    Whereas, when the current government of Guam structure for 
territorial government was established under the 1950 Organic 
Act, it was welcomed by the people of Guam as progress toward 
greater local government, but it was instituted without the 
consent of the people of Guam through a democratic act of self-
determination or participation in the Federal lawmaking process 
on the basis of equal citizenship or equal representation; and
    Whereas, the 1997 Constitution of Guam, drafted pursuant to 
Federal and local statutes, was approved by Congress but was 
not approved by the people of Guam in the 1979 referendum; and
    Whereas, the process of establishment of internal local 
government under a local constitution was suspended after 
linkage was created between the draft constitution and the 
political status process; and
    Whereas, in light of representation and speculations 
inconsistent with the foregoing from 1979 to the present, it is 
essential for Congress to confirm its original and continued 
intention and expectation that authorization and approval of 
local constitutional government in Guam would not preclude or 
be prejudicial to the exercise of the right to self-
determination, as part of the process through which ultimate 
political status of the territory of Guam is to be determined, 
now therefore, be it
    Resolved, by the Guam Legislature, on behalf of the people 
of Guam, request the One Hundred and Fifth Congress of the 
United States to amend Public Law No. 94-585, Oct. 21, 1976, 90 
Stat. 2899, as amended by Public Law No. 96-597, Title V. Sec. 
501, Dec. 24, 1980, 94 Stat. 3479, by adding a new Section 6 to 
read as follows:
    ``Section 6. Establishment of local constitutional local 
government pursuant to this Act shall not preclude or prejudice 
the further exercise in the future by the people of Guam or the 
Virgin Islands of the Rights of self-determination regarding 
the ultimate political status of either territory.'' and be it 
further.
    Resolved, that the Speaker certifies to, and the 
Legislative Secretary attests, the adoption hereof and that 
copies thereafter be transmitted to the President of the United 
States of America; to the President Pro Tempore, United States 
Senate; to the Majority Leader, United States Senate; to the 
Majority Leader, United States Senate; to the Chairman of the 
Committee of Energy and Natural Resources, United States 
Senate; to the Speaker, U.S. House of Representatives; to the 
Majority Leader, U.S. House of Representatives; to the Minority 
Leader, U.S. House of Representatives; to the Chairman of the 
Committee on Resources, U.S. House of Representatives; to the 
Resident Commissioner of Puerto Rico, U.S. House of 
Representatives; to the Virgin Islands Delegate to Washington, 
U.S. House of Representatives; to the Guam Delegate to 
Washington, U.S. House of Representatives; to the President of 
the Mayor's Council, and to the Honorable Carl T. C. Gutierrez, 
Governor of Guam.
    Duly and regularly adopted on the 15th day of September, 
1997.

                                   Anthony C. Blaz,
                                           Acting Speaker,
                                   Joanne M. S. Brown,
                                           Senator and Legislative 
                                               Secretary.

                                
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