[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.