[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 33 Enrolled Bill (ENR)]
S.J.Res.33
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
Joint Resolution
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 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.