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89th Congress ) HOUSE OF REPRESENTATIVES j Report 1st Session j \ No. 583 AMENDING THE REVISED ORGANIC ACT OF THE VIRGIN ISLANDS TO PROVIDE FOR THE PAYMENT OF LEGISLATIVE SALARIES AND EXPENSES BY THE GOVERNMENT OF THE VIRGIN ISLANDS Juinr I, 1965.—Committed to the Committee of the Whnle House on the State of the Union and ordered to be printed Mr. O’Brien, from'the Committee on Interior and Insular Affairs, t 1 , submitted the following REPORT [To accompany H.R. 8721] The Committee on Interior and Insular Affairs,'’’"to whom was referred the hill (H.R. 8721) to amend the Revised Organic Act of the Virgin Islands to provide for the payment of legislative salaries and expenses by the government of the Virvin Islands, having con¬ sidered the same, report favorably thereon without amendment and recommend that the bill do pass. purpose The purpose of H.R. 8721, introduced by Representative O’Brien following receipt of an executive communication from the Secretary of the Interior requesting that this be done, is to vest in the govern¬ ment of the Virgin Islands the power to fix the salaries and allowances of members of its legislature and to provide for the payment of the same from local revenues rather than from Federal appropriations. NEED Subsection (e) of section 6 of the Revised Organic Act of the Virgin Islands (68 Stat. 487, 499), as amended (14 U.S.C. 1572(e)), fixes the basic compensation of each of the 11 members of the Virgin Islands Legislature at $600 per annum and provides for payment thereof by the United States. In addition, each legislator who is away from the island of his residence receives $20 per diem while the legislature is actually in session and is reimbursed for actual travel expenses for eight round trips per calendar year between his home island and Charlotte Amalie, the territorial capital. These allowances are 50-00® 2 REVISED ORGANIC ACT OF THE VIRGIN ISLANDS also paid by the United States. Additional travel expenses and per diem, if any, are paid by the Virgin Islands government. The Legislature of the Virgin Islands is charged with responsibility for enacting all local laws. Its regular sessions may continue for 60 days per year. Special sessions not in excess of 30 days a year may be convened by the Governor. Enactment of H.R. 8721 will permit the Virgin Islands Legislature to determine its own salaries and allowances subject, of course, to the usual veto power of the Governor. This will result in a modest savings to the Federal Government of about $14,000 a year. More important than this, however, will be the implicit recognition by Congress that the Virgin Islands Legislature is a body of responsible men and that the electorate can be depended upon to check its mem¬ bership if, by any chance, it is tempted to abuse its powers. Enact¬ ment of H.R. 8721 will thus be an expression of faith in local demo¬ cratic processes and another step toward the ultimate achievement of full territorial home rule. To serve as a guide to the Virgin Islands Legislature in ascertaining its essential and proper expenditures under H.R. 8721, the committee has had the Library of Congress prepare the accompanying table containing legislative salary and related data for the 50 States, the Virgin Islands, Guam, American Samoa, and Puerto Rico. Selective data concerning compensation for members of the legislatures of the 50 States and the territories Name of State or territory- Popula- tion (1960) Legisla¬ ture (bi¬ cameral or uni¬ cameral) Number of senators Term of office Number of repre¬ sentatives (includ¬ ing dele¬ gates) Term of office Salary (calcu¬ lated for bien¬ nium) Per diem Other perquisites Special session, per diem Travel allowance Amount per mile (cents) Number of trips per session Additional expense allow¬ ances during session Alabama.... Alaska_ Arizona_ Arkansas -.. California... Colorado.... Connecticut Delaware... Florida. Georgia_ Hawaii_ Idaho_ Illinois_ Indiana__ Iowa_ Kansas. Kentucky. Louisiana. 3, 266, 740 226,167 1,302,161 1,786, 272 16,717,204 1,753,947 2,535, 234 446,292 4,951,560 3.943.116 632, 772 667,191 10,081,158 4,662,498 2. 757. 537 2,178,611 3,038,156 3,257,022 28 35 40 «35 36 12 17 13 45 54 25 106 40 80 100 80 65 11 294 35 14124 205 51 « 63 177 100 108 125 100 105 2 $5,000 2 4 3, 600 * 8 2,400 2 12, 000 2 9 6,400 2, 000 2 6, 000 2,400 2 is 4 000 12.000 3,600 $10 $10 20 (9) 10 (15) 10 10 10 (10) 25 10 1 round trip. _do.3. 1 round trip. _do. .do.. Each day_ U nlimited mile¬ age. Round trip per week. 4 round trips_ 1 round trip_ .do. Round trip per week. _do___ 1 round trip_ 6 round trips per regular session; 3 round trips per special session. 1 round trip. 8 round trips per regular session; 4 round trips per budget ses¬ sion. $20 per day.1 $35 per day; $300, postage and stationery; $500 for presid¬ ing officers. $12 per day for legislators from outside city limits of capital.4 $19 per day.8 None during session.7 $500 expense allowance. $25, stationery and supplies. $25 per day. $40 per day. $32.50 per day for members from Oahu; $45 for other legislators. Additional $15 a day for committee members. $50 for postage and station¬ ery. $15 per day; not to exceed $1,350 during regular ses¬ sion nor $450 during special or budget session; $50 per month between sessions. $25 per day; $50 in lieu of sta¬ tionery. $250 per month while legis¬ lature not in regular ses¬ sion. W See footnotes at end of table, p. 6. REVISED ORGANIC ACT OF THE VIRGIN ISLANDS Selective data concerning compensation for members of the legislatures of the 60 States and the territories—Continued Name of State or territory Maine. Maryland_ Massachusetts. Michigan.. Minnesota_ Mississippi_ Missouri.... Montana_ Nebraska_ Nevada... New Hampshire New Jersey_ New Mexico_ New York. North Carolina. North Dakota... Ohio... Oklahoma. Popula¬ tion (1960) 969,265 3,100,689 5,148,578 7,823,194 3,413,864 2,178,141 4,319,813 674,767 1,411,330 285,278 606,921 6,066,782 951,023 16, 782,304 4,556,155 632,446 9,706,397 2,328,284 Legisla¬ ture (bi¬ cameral or uni¬ cameral) Number of senators 34 si 34 67 52 34 66 43 ee 17 24 21 32 58 60 49 8233 44 Term of office 22 2 4 4 4 25 2 4 2 4 4 2 4 32 4 Number of repre¬ sentatives (includ¬ ing dele¬ gates) 151 17142 240 23 110 135 122 163 n 94 2637 28 400 60 so 66 150 120 81 113 32137 33121 Term of office Salary (calcu¬ lated for bien¬ nium) 1,600 2 3,600 315, 600 ! 14, 000 4,800 3, 000 9,600 4,800 200 3 10,000 2 20,000 10,000 si 3,900 Per diem 20 20 15 Other perquisites Special session, per diem 10 (‘“) 25 22.50 Travel allowance Amount per mile (cents) is 20 18 8 10 15 (28) 10 (10) Number of trips per session Round trip per week. 1 round trip. Each day 20_ 2 round trips per month. 1 round trip_ _do.2i_. Twice per month.. 1 round trip_ _do.... Daily commut¬ ing.2? Daily round trip State railroad pass. 1 round trip_ Round trip per week. _do... 1 round trip_ Round trip per week. Additional expense allow¬ ances during session Small allowance for postage, telephone, etc. $2,400 per biennium. $1,200 per biennium; weekly expense allowance accord¬ ing to distance from cap¬ ital.^ $2,500 per biennium; allow¬ ance for postage, telephone, and telegraph. In 1963, $18 per day to legis¬ lators who had to leave their homes to attend ses¬ sion: $12 per day to others. $100 per month between sessions. $10 per day. $100 postage allowance. $15 per day;27 $60 for post¬ age, etc. Stationery, postage, tele¬ phone, and telegraph allowance. $2,500 expense allowance at 1983 annual sessions. $12 per day subsistence. $20 per day. Postage and stationery. Postage, stationery, tele¬ phone, and telegraph allowance and shipping legislative supplies. REVISED ORGANIC ACT OF THE VIRGIN ISLANDS Oregon_ Pennsylvania. 1,768,687 B 11,319,366 B 30 50 4 60 4 210 Rhode Island.. South Carolina. 859,488 B 2,382,594 B 46 46 2 100 4 124 South Dakota. Tennessee. Texas_ 680,514 3, 567, 089 9, 579, 677 B B B 35 33 31 Utah 890, 627 B 3? 25 4 37 64 Vermont. Virginia.. 389,881 B 3, 966,949 B 30 40 2 246 4 100 Washington.. West Virginia. Wisconsin.... 2,853, 214 1,860, 421 3, 951, 777 B B B 49 39 32 « 33 4 QQ 4 39 1 00 4 «100 Wyoming_ Guam_ Virgin Islands. 330, 066 67, 044 32,099 B U u «27 21 11 4 2 2 « 56 American Samoa_ 20,051 B 15 4 17 Puerto Rico 2,349, 544 B 32 4 64 Trust Territory of the Pacific Islands. 77,913 B 12 4 21 See footnotes at end of table, p. 6. 6,000 212,000 2 3, 600 2 3, 000 36 9, 600 1,000 1,080 2, 400 2 3, 000 10,800 1,200 2 600 5, 400 as 20 5 (38) 20 45 16 10 («) (44) 15 Round trip per week. Round trip per week. 1 round trip_ _do. _do.. Round trip per week. 1 round trip_ _do.. _do_ _do_ Rate-distance ratio.4i 1 round trip_ 8 round trips. 1 round trip per week. 48 $6,000.2 $15 per day for maximum of 40,days per annual session. $5 per day. $12 per day for 1st 120 days of regular session and for 30 days of each special session; postage, etc. assi tance. $5 per day. $720 for regular session; $360 for special sessions. $25 per day. C42). $20 per day. $20 per day for members coming from other than St. Thomas Island. Free government transpor¬ tation for regular and spe¬ cial sessions. $10 per day; 46 $200 tele¬ phone, $100 postage, $100 for stationery. Free government transpor¬ tation for regular and special sessions. $16 per day for other official legislative business. Oi REVISED ORGANIC ACT OF THE VIRGIN ISLANDS Os 1 Tn practice the legislature meets for 18 weeks. Legislators receive $210 a week in combined daily salary and expense allowance, a total of $3,780 for each regular biemual session. 2 Annual sessions. s Plus excess baggage allowance. . , . , . , . 4 pius $20 per day salary (limited to $1,800 in a year) for special sessions and.interim committee meetings; $12 per day subsistence for days required to attend interim com¬ mittee meetings, plus 10 cents a mile for lst-class public carrier. » Payable at rate of $100 each month. Speaker of the house receives $2,700. e Legislators receive $100 a month for each of the 24 months in the biennium, plus a per diem of $20 a day for each of the 60 calendar days of the biennial legislative session. 712H cents a mile for interim committee meetings and $25 a day for maximum of 60 days for interim committee meetings. s After November 1964 elections, 39 senate members. ., . . . 2 Legislators receive $100 a month during biennium plus $4,000, paid at rate of $25 a day during regular and special sessions up to a total of 160 days each biennium with re¬ mainder paid as a lump sum. Legislators also receive $20 per day, not to exceed $600 in any calendar year, while not in session, for attendance at legislative meetings, plus actual and necessary traveling expenses. ic Actual and necessary expenses. li Constitutional total of house members may vary according to population, is After November 1964 elections, 21 senate members. 13 Includes 1 holdover which expires November 1964 and 1 holdover which expires November 1966; both Democrats. , _ 14 As of November 1964, house will number 112 members, when terms of 13 holdovers CXn1$2A00 per general session; $1,500 per budget session; $750 for each special session. is 1963 reapportionment increases house membership to 79 after November 1964 elections 17 For term of office ending in 1966 only, house members fixed at 142; thereafter house members revert to 123. is In terms of fixed amounts for each legislator. is Determined at each session in Massachusetts. , .. , 22 Within 40-mile radius, 8 cents a mile daily to amount to not less than $7 a week outside 40-mile radius, $60 per week living expenses plus 8 cents a mile for 1 round trip per week. 2i After November 1964 election, 38 senate members. 25 After November 1964 election, senators’ terms 4 years. 23 Constitutional number of representatives more than 110. 24 Plus 1 extra round trip each 7 days at 6 cents a mile. . ,, o 25 In 1964 the legislators from odd-number districts will be elected for 4 years, and those from even-numbered districts for 2 years. In 1966 all legislators elected for 4 years. 28 Total number of legislators cannot exceed 75; number of senators cannot be less than Xi nor mire than the number of assemblymen. 2710 cents a mile for daily commuting or $15 per day if living m capital. 28 Constitutional tot il of house members cannot be less than 375 nor more than 400. 28 25 ceats per mile fir first 25 miles, 20 cents for next 20 miles, 8 cents for next 25 miles, 6 cents for the next 25 miles, 5 cents over 95 miles. . . 30 By action of November 1963 special session, house membership increased from bb to 77 members. 31 After Nov. 6,1964, election, 109 house members. . . 32 At the reapportiomnent following the decennial census a ratio is established to . rovide for fractional representation during the succeeding decade. Any county or senatorial district with a population larger than the minimum requirement for a repre¬ sentative or senator is allotted fractional additional representation by adding a repre¬ sentative or senator for 1 to 4 of the legislative sessions during the decade. 33 After November 1964 election, 109 house members; after November 1966 election, 107 house members until the next Federal census. . _ 3i Figure shown is approximate for biennium in which no special session is held, in 1961-62 biennium, combined per diem and salary totaled $3,908.32. Legislators receive $15 for 1st 75 legislative days, including intervening nonlegislative days, for regular or special session; otherwise $100 a month. 35 Expenses plus salary. so Members receive an annual salary of $4,800. , 37 After Nov. 6, 1964, election, the senate membership will increase to 27 members, ana the house to 69. , , . , so Members receive $85 for each week or portion thereof during regular session. 39 After November 1964 elections, the senate membership will increase to 34, and the ^^Constitution sets number of assemblymen at not less than 54 nor more than 100 number of senators not less than 14 nor more than M the number of assemblymen. 41 10 cents a mile for 1 round trip; thereafter, 7 cents a mile for 1st 2,000 miles per month. 6 cents a mile for each additional mile once a week during the session. 42 Interim expense allowance paid for each full calendar month when legislature not m session, as follows: For district of 1 county or less—assemblyman, $25 per month; senator, $40 per month. For each additional county or part of county in district—assemblyman, $15 per month; senator, $20 per month. 43 After November 1964 elections, the senate membership will decrease to 25, and the house will increase to 61. 44 Actual travel expense. 45 Minimum $10. , , 46 $15 per day within 25 to 50 kilometers radius; $25 per day beyond. Principal sources: World Almanac (1965); Book of States (1964-65). REVISED ORGANIC ACT OF THE VIRGIN ISLANDS REVISED ORGANIC ACT OF THE VIRGIN ISLANDS 7 COST No expenditure of Federal funds is involved in H.R. 8721. EXECUTIVE COMMUNICATION The executive communication from the Secretary of the Interior, dated May 26, 1965, is as follows: U.S. Department of the Interior, Office of the Secretary, Washington, D.C., May 26, 1965. Hon. John W. McCormack, Speaker of the House of Representatives, Washington, D.C. Dear Mr. Speaker: Enclosed is the draft of a proposed bill to amend the Organic Act of Guam to provide for the payment of legisla¬ tive salaries and expenses by the government of Guam, together with the draft of a proposed bill, intended as a companion proposal to the first, to amend the Revised Organic Act of the Virgin Islands to pro¬ vide for the payment of legislative salaries and expenses by the govern¬ ment of the Virgin Islands. This Department has urged in the past, and continues to urge, the enactment of legislation intended to grant to the territories of Guam and the Virgin Islands the degree of autonomy and self-government which we believe is warranted by the demonstrated development and political matuiity of these territories. The enclosed proposals are in furtherance of that policy. The proposals authorize the government of Guam and the government of the Virgin Islands to pay such legis¬ lative salaries and expenses as may be fixed by the laws of the respec¬ tive territories. The federally imposed limitation on such salaries and expenses is eliminated, and the United States is relieved of its obligation to pay those salaries and certain of the expenses—an obligation which has necessitated the Federal expenditure of approxi¬ mately $37,000 per year. In our judgment, the enactment of these proposals would be a useful step toward the ultimate achievement of territorial home rule, which we know is the common goal of all of those in the Federal Establishment who share the obligation and respon¬ sibility for the welfare and development of these territories of the United States. Apart from the matter of home rule and the substantial question of policy which that matter involves, we believe that a pursuasive argument for the enactment of this legislation can be made premised on a recognition of the substantial local responsibilities of the territorial legislatures, and, simultaneous^, of the prerogatives and privileges which they should, but do not, possess. Under existing provisions of Federal law, specifically 48 U.S.C. 1421d(e) in the case of Guam, and 48 U.S.C. 1572(e) in the case of the Virgin Islands, the basic compensation of members of the terri¬ torial legislatures is fixed by statute and provision is made for the payment of that compensation by the United States. In the case of Guam all other legislative expenses, whatever they may be, are appropriated by, and paid out of, funds of the government of Guam. In the case of the Virgin Islands, additional provision is made for per diem and travel expenses, both to be paid by the United States, 8 REVISED ORGANIC ACT OF THE VIRGIN ISLANDS and for the legislature to provide for the payment of travel expenses and per diem for its members traveling on official business outside the Virgin Islands, subject to the limitation that the latter payments shall not be in excess of those that would be allowed Federal em¬ ployees similarly situated. In each of the two territories of Guam and the Virgin Islands, the Congress has provided for a legislative body independent of the executive and judicial branches with true legislative authority ex¬ tending to all subjects of local application and subject only to those limitations made necessary by, and consistent with, the relationship between the territories and the United States. The exercise of this legislative authority has extended to, among a multitude of other subjects, the consideration of the territorial budgets and to the appropriation of the funds necessary for the operation of the local government. Thus, with the exception of the few Federal employees in each of the territories whose salaries are fixed by Federal law, the territorial legislatures find themselves able to fix the salaries of the officers and employees of the local governments, and to appropriate from the funds of the territories the amounts necessary to pay those salaries, but, because of the Federal law noted above, are unable to act with respect to their own salaries and expenses. Here we believe it is significant to note, without denying or attempting to minimize certain substantial Federal assistance, that neither Guam nor the Virgin Islands come before the Congress with requests for direct appropriations to support the administration of the territories except in the most extraordinary of circumstances, as, for example, the Guam Rehabilitation Act, and the appropriations requested pursuant thereto. Therefore, the expression “funds of the government of the Virgin Islands” or “funds of the government of Guam” have a significance which should not be overlooked. When it is remembered that the members of the territorial legisla¬ tures are the popularly elected representatives of the people of the territory and are not in any way Federal officers or employees, we submit that the limitation upon the legislatures with which we are concerned is wholly unnecessary and, further, is demeaning to the extent that such limitation can and has been construed as evidencing Federal mistrust as well as the precautionary retention by the Federal Government of a substantial degree of potential leverage should the need arise in connection with the activities of the legislatures. We know that while initially the existing provisions of law may have been the product of considerable paternalism, the foregoing construc¬ tion could not be more untrue today. Nevertheless, it is an allega¬ tion which we are called upon to rebut from time to time and which is of real concern to the territorial government as well as to the people of the territories and to this Department. In view of this situation, and the state of the law, the solution we suggest seems most appro¬ priate. Considering the very substantial responsibilities of the territorial legislatures of both Guam and the V irgin Islands and what we consider to be the mature and responsible way in which those responsibilities are discharged, it seems a small thing indeed to suggest that these legislative bodies, which have been given the legislative responsibility for so much, could and should be empowered to fix their own salaries and expenses and to provide for the payment thereof, subject of course to the normal legislative procedures and the con¬ currence of the Governor. REVISED ORGANIC ACT OF THE VIRGIN ISLANDS 9 The enactment of the enclosed proposals is urged by this Depart¬ ment upon the basis of our independent and carefully considered opinion that such enactment would be appropriate and just. At the same time, however, these proposals are urged for enactment by the Honorable Manuel F. L. Guerrero, Governor of Guam, the Honor¬ able Ralph M. Paiewonsky, Governor of the Virgin Islands, the Legis¬ lature of Guam, the Legislature of the Virgin Islands, and the ad hoc constitutional convention which was convened in the Virgin Islands to consider the Revised Organic Act of the Virgin Islands and to recommend, in connection therewith, changes, amendments, or dele¬ tions which the convention believed to be in the best interests of the territory and necessary to the welfare and development thereof, yet consistent with the relationship which exists between the territory and the United States. When Governor Guerrero was asked for his views concerning this proposal, he responded in a radiogram as follows: “I support such legislation on grounds that present stipend is unrealistic and that those who enact local laws should be financially supported by local government. The Governor’s organic powers would be sufficient to avoid any abuse as to level of salaries set * * *.” Governor Paiewonsky, with whom the matter frequently has been discussed, has in every instance argued the need for this legislation and urged its introduction and enactment. The constitutional convention also turned to that section of the Revised Organic Act of the Virgin Islands which provides for the payment of compensation of the members of the legislature. While the proposed amendment is perhaps unnecessarily detailed, for which reason we have suggested the somewhat different language in the enclosed bill, it clearly evidences the wishes of the delegates to the convention. The convention’s suggested amendment is as follows: “Compensation and allowances: Each member of the legislature shall be paid such compensation as shall be fixed by enactment of the legislature and approved by the Governor: Provided, That such com¬ pensation after it has first been fixed shall not be changed except by legislative enactment for the next legislature. Each member of the legislature who is away from the island of his residence shall also receive a per diem, fixed by the legislature, for each day’s attendance while the legislature is actually in session, in lieu of his expenses for subsistence, and shall be reimbursed for his actual travel expenses in going to and returning from each session, or period thereof. The salaries, per diem, and travel allowances of the members of the legis¬ lature shall be paid by the government of the Virgin Islands.” The Bureau of the Budget has advised that this legislative proposal is in accord with the President’s program. Sincerely yours, John A. Carver, Jr., Under Secretary of the Interior. A BILL To amend the Revised Organic Act of the Virgin Islands to provide for the payment of legislative salaries and expenses by the government of the Virgin Islands Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (e) of section 6 of the Revised Organic Act of 10 , REVISED ORGANIC ACT OF THE VIRGIN ISLANDS the Virgin Islands (68 Stat. 497, 499), as amended (73 Stat. 568; 48 U.S.C. 1572(e)), is further amended to read as follows: “(e) Each member of the legislature shall be paid such compensation and shall receive such additional allowances or benefits as may be fixed under the laws of the Virgin Islands. Such compensation, allowances or benefits, to¬ gether with all other legislative expenses shall be appropri¬ ated by, and paid out of funds of, the government of the Virgin Islands.” COMMITTEE RECOMMENDATION The Committee on Interior and Insular Affairs recommends enact¬ ment of H.R. 8721. CHANGES IN EXISTING LAW In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as intro¬ duced, are shown as fellows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): Section 6 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 499), as Amended (73 Stat. 568; 48 U.S.C. 1572(e)) * * * * * * * [(e) Each member of the legislature shall be paid the sum of $600 annually, one-third on the first day of the regular session of the legis¬ lature, one-third one month after the beginning of such regular ses¬ sion, and one-third at the close of such regular session. Each mem¬ ber of the legislature who is away from the island of his residence shall also receive the sum of $20 per day for each day’s attendance while the legislature is actually in session, in lieu of his expenses for subsistence, and shall be reimbursed for his actual travel expenses in going to and returning from each session, or period thereof, for not to exceed a total of eight round trips during any calendar year. The salaries, per diem, and travel allowances of the members of the legisla¬ ture shall be paid by the Government of the United States: Provided, however, That nothing herein shall prohibit the Virgin Islands Legis¬ lature from providing for payment of travel expenses and per diem in lieu of subsistence, at rates not in excess of those permitted by the Federal Government for its employees, for members of the legislature traveling on official business outside of the Virgin Islands.] (e) Each member of the legislature shall be paid such compensation and shall receive such additional allowances or benefits as may be fixed under the laws of the Virgin Islands. Such compensation, allowances, or benefits, together with all other legislative expenses, shall be appro¬ priated by, and paid out of funds of, the government of the Virgin Islands. o